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HomeMy WebLinkAbout1998-04-28 Bd Comm minutesBROADBAND TELECOMMUNICATIONS COMMISSION MARCH 23, 1998 - 5:30 PM LOBBY CONFERENCE ROOM, CIVIC CENTER Members Present: Cordell Jeppsen, Betty McKray, Cathy Weingeist Members Absent: Steve Hoch Staff Present: Shaffer, Brau, Helling, Hardy Others Present: Denis Martel, Arlene Heck, Beth Fisher, Jim Jacobson, Mary Jo Langhorne, Brian Sharp, Jon Koebrick RECOMMENDATIONS TO THE CITY COUNCIL None. SUMMARY OF DISCUSSION Martel reported the first area that will experience interruption associated with the rebuild will be bordered by Friendship, Dover, and Scott. Interruptions in service will begin March 26. Work will be done six days per week and will stop by 4:30 p.m. The day prior to beginning work affected subscribers are to receive a door hanger. TCl forwarded an alternative proposal to the Commission today regarding liquidated damages related to their failure to meet the rebuild deadline: Shaffer said the proposal offers several options which include combinations of refunding money to subscribers and giving the City a grant-in-aid. The total amount of compensation offered by TCl in their proposal would exceed the total amount of the $250 per day fines if the rebuild is complete before August 31 as Hock expects. The Commission voted to hold a special meeting to discuss the issue. Iowa City subscribers will likely be included in the class action suit regarding late fees brought by a subscriber in Washington, Iowa and may receive any benefit(s) from the outcome without the City taking any action. APPROVAL OF MINUTES It was moved by McKray, seconded by Weingeist to approve the February 23, 1998 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. SENIOR CENTER REPORT None. Broadband Telecommunications Commission March 23, 1998 Page 2 ECC REPORT Langhorne reported the new equipment purchased with pass-through funds has been installed in the school's board room and will be used for the first time at tomorrow's school board meeting. PA'I'VREPORT The?e was no representative from PATV present. McKray reported PA'I'V had a meeting with producers in which the need to raise money was discussed. A brochure on PA'I'V's need to move has also been developed. LIBRARY REPORT Fisher thanked TCI for their assistance in receiving a teteconference delivered by satellite. Fisher also thanked the government channel for loaning a camera. LEGAL REPORT No report. TCIREPORT Martel reported the first area that will experience interrupted service associated with the rebuild will be bordered by Friendship, Dover, and Scott. Interruptions in service will begin March 26. The subscribers furthest from the node being worked on will experience the longest disruptions. TCI's ads state that they should call if their service is off more than three hours. Work will be done six days per week and will stop by 4:30 p.m. The day prior to beginning work affected subscribers are to receive a door hanger. Heck said TCl has used multiple means to inform the public that the rebuild will be taking place including television commercials, Cityline, press releases, and InfoVision. The new channel line-up will hopefully be announced tomorrow. MEDIA UNIT Hardy reported the Media Unit recently arranged to cablecast the Johnson County Board of Supervisors meeting live from the County Administration Building for the first time. Evening meetings will now be cablecast live. Requests for community programming service have been strong. Two to three requests are received per week. Community programming clients have been quite supportive and appreciative. Many of these programs can be used for purposes beyond ~just cablecasting to the public. CABLE TELEVISION ADMINISTRATOR REPORT Shaffer reported the public right-of-way state legislation mentioned at previous meetings passed in the Senate and made the funnel deadline for bills to be considered during the current session. The University of Iowa representatives involved in the RFI issued jointly by the City and the University will be issuing a summary of the responses. That report will be forwarded to the Commission. The City Cable 'IV Office has submitted a grant to the National Telecommunications Information Administration (NTIA) for about $100,000. Work is continuing on locating a new facility. The City Council may make a decision on the proposed Cable Broadband Telecommunications Commission March 23, 1998 Page 3 Division move at their next meeting. The library and the government channel are continuing discussions on combining channels. Underwriting guidelines are continuing to be developed. Ten complaints have been received in the last two months. There was no major grouping of types of complaints--rather a random number of complaints all different in nature. SYSTEM REBUILD The system rebuild was covered under TCl's report. Koebrick reported that when the rebuild is com151ete TCI will offer cable modem service. The service, @Home will offer 10 megabit per second data traffic and cost $39.95 per month but will not require a telephone line. There will also be a $150 installation charge. The modems will remain the property of TCI. Each computer will need an ethernet card which will be the property of the subscriber. Heck noted that @Home uses a separate infrastructure in which the 20% of web sites where 80% of all traffic occurs will be downloaded into @Horne's computers and made available to subscribers without the speed restrictions of the internet as a whole. RECOMMENDATION ON LIQUIDATED DAMAGES Jeppsen said the Commission had recommended that the City fine TCI $250 per day for failing to meet the rebuild deadline. TCI then made an alternative proposal to the City Council. That proposal was forwarded to the Commission today. Shaffer said the proposal offers several options which include combinations of refunding money to subscribers and giving the City a grant-in-aid. The Commission could stay with the original recommendation, change the recommendation, or defer making a recommendation. The Council will deal with the issue on April 7. The Commission would need to hold a special meeting to make a recommendation if the option to defer is chosen. Koebrick said that in addition to above mentioned options TCI would not increase rates for those receiving the upgraded services until the entire rebuild is complete. The total amount of compensation offered by TCI in their proposal would exceed the total amount of the $250 per day fines. Heck said TCI expects to have the rebuild complete before August 31. Jeppsen asked if the items contained in TCI's proposals could be included in the calculations to determine the maximum permitted rate for subscriber fees. Helling said the City is researching that possibility. Koebrick said TCI would not pass those costs through to subscribers. TCI is open to other options the City may have. McKray noted that subscribers will be receiving a rate refund on their bills. Any liquidated damages in the form of subscriber refunds should be done so as to not confuse subscribers. Koebrick said TCI is willing to time any rebates so as to minimize confusion, perhaps when the rebuild is complete. Heck said rate refunds will be complete by the end of April. McKray moved to table further discussion until a special meeting can be arranged. Weingeist seconded. The motion passed unanimously. RATE REGULATION Shaffer reported subscribers will receive a $5.14 rebate on their bills for TCI's overcharges on the expanded basic tier. The FCC recently ruled in favor of the City on a basic rate tier rate order in which subscribers were overcharged $0.04 per month since June of 1997. TCI officials have indicated they will appeal the FCC's decision. LATE FEE Jeppsen said there was a comment at the City Council informal meeting about a class action law suit regarding TCI's late fee charges. Shaffer said Matthews has been in contact with the Broadband Telecommunications Commission March 23, 1998 Page 4 law firm handling the case. Iowa City subscribers may be included in the class action suit and receive any benefit(s) from the outcome without the City taking any action. TELECOMMUNICATIONS ORDINANCE Shaffer reported that a meeting was held with Dilkes, Matthews, Rick Fosse, and himself in which it was agreed to wait until the state legislature has finished considering the right-of-way legislation before proceeding with the City's Telecommunications Ordinance. ADJOURNMENT Weingeist moved and McKray seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:40 p.m. Respectfully submitted~ Wm. ~haffer Cable TV Administrator ca blelv~min~tc3-23. doc MINUTES BOARD OF ADJUSTMENT WEDNESDAY, MARCH 11, 1998 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS PRELIMINARY Subject to pproval MEMBERS PRESENT: Susan Bender, Lowell Brandt, T.J. Brandt, William Haigh MEMBERS ABSENT: Kate Corcoran STAFF PRESENT: Sarah Holecek, Scott Kugler, John Yapp, Traci Howard OTHERS PRESENT: Tim Krumm, Bill Cloven, Greg Apel, Dan Yeager, Tim Harold, Robed Wolf, Craig Albrecht, Maury Sause, Russell Rhinehad, Jim Sauter, Doug Paul, C.W. Phillips, Brian O'Harra, Nancy Greazel, Carl Davis, Jim Greazel, Linda Ridinauer, Phil Prybil, Harry Eicher, Arleigh Clements CALl TO ORDfR: Chairperson Haigh called the meeting to order at 4:35 p.m. ROI L CALL: All members were present for the roll call except Corcoran. CONSIDF:RATION OF THF JANUARY 14. 1998. MFfTING MINUTFS: MOTION: L. Brandt moved to approve the January 14, 1998, meeting minutes as submitted. T.J. Brantit seconded the motion. The motion carried by a vote of 4-0. SPFCIA! FXCFPTION ITFMS: haigh noted that item #2 (EXC98-0003) will be deferred until the Board's April meeting. He said that people who had come to the meeting to comment or ask questions about the request from the Church of Jesus Christ of Latter Day Saints might want to see Melody Rockwell in the Planning Department. fXC98-0002. Public hearing on an application submitted by Taco Bell c/o John Sapp, on behalf of the property leaseholders Gerry Ambrose and Greg Apel, for a special exception to permit an auto and truck-oriented use, a drive-through window for a Taco Bell restaurant, for property located in the Community Commercial (CC-2) zone at 1101 S. Riverside Ddve. Yapp said the property for EXC98-0002 is on the east side of the Gateway One Plaza site (formerly Wardway Plaza). He said auto and truck-oriented uses are permitted in the CC-2 zone by special exception, but there are no additional criteria in the City Code to review these facilities. He said staff reviewed the special exception with two criteria, first how well the drive-through lane is separated from surrounding pedestrian and vehicular use areas, and second, if there is enough vehicle queue storage area. He said an analysis was done by the City's transportation planner, who determined that the drive-through lane is sufficiently separated from pedestrian and vehicle traffic, and there is enough vehicular queue storage area based on national traffic engineering standards and drive-through timing standards information from Taco Bell. Board of Adjustment Wednesday, March 11, 1998 - 4:30 P.M. Page 2 Yapp said staff recommends that if the Board approves the special exception, it be subject to the drive-through lane and window only being used by a national franchise fastfood restaurant, because those restaurants have some internal controls concerning vehicular queue storage space. Another use, such as a drive-up pharmacy or bank may require a larger vehicular queue storage area than is provided on this site. Yapp said staff recommends that FXC98-0002, a request for a special exception to allow an auto and truck-oriented use, specifically a drive-through lane and window to be established on property located within the Community Commercial (CC-2) zone at 1101 S. Riverside Drive, be approved, subject to the drive-through lane and window only being used by a national franchise fastfood restaurant. Public hearing opened. Tim Krumm. attorney, said he represents David Goodwin and Eleanor Goodwin Green, who are the property owners on which Gateway One Plaza is located. He noted that the site plan indicates there will be a one-foot extension past the current wall, and asked how far the sidewalk would be encroached upon. He also said the east boundary line is shown as jagged, but he thought it was really a straight line. He said the property · owners are concemed about encroachment onto the general elements of Gateway One Plaza, especially onto the parking area. Krumm said when the building was built, there was a major concern about adequate parking. He said the property is encumbered by an easement for the general elements of the plaza for the common use of all the tenants. He said the Board needs to consider this request along with all the other uses taking place in the plaza and determine if there will be adequate parking available. Yapp said staff received a site plan for the remodeling of Gateway One Plaza, and based on that plan there is adequate parking as required by the City for the proposed uses. Holecek said the Board's purview is to look at the appropriateness of the requested use in the proposed location. Yapp said based on the submitted site plan, there are 544 parking spaces on-site for all of the uses. Public hearing closed. MOTION: L. Brandt moved to approve !=XC98-0002, a special exception to allow an auto and truck-oriented use, specifically a drive-through lane and window to be established on property located within the Community Commercial (CC-2) zone at 1101 S. Riverside Drive, subject to the drive-through lane and window being used by a national franchise fastfood restaurant. Bender seconded the motion. L.Brandt said he had no strong objections to approving the special exception. He said it was nice to see the mix of proposed uses, and he thought that it was a good use of the property. Bender said it was important that there be enough space for cars to queue up, and the use seems to be consistent with the zone so she would support the motion. Haigh said he thought the plan was well thought out, that the parking would really not be a problem and he would support the motion. T.J. Brandt said he would support the motion because the traffic pattern looked like it would not be impeded by the queued Board of Adjustment Wednesday, March 11, 1998 - 4:30 P.M. Page 3 traffic. He said he would rather see the restaurant in the space than have the space sit empty. The motion carried by a vote of 4-0. FXC98-0003. Public hearing on an application submitted by the Church of Jesus Chdst of Latter Day Saints for a special exception to permit an expansion of a religious institution for property located in the Low Density Single-Family Residential (RS-5) zone at 2730 Bradford Ddve. MOTION: L. Brandt moved to defer FXC98-0003 to the Board's April 8, 1998, meeting. Bender seconded the motion. L. Brandt noted that he did not receive a list of adjacent property owners in his packet. Kugler said staff would include that in the next packet. The motion carried by a vote of 4-0. FXC98-0004. Public headng on an application submitted by Enterprise Rent-a-Car Company - Midwest, on behalf of property leaseholders Gerry Ambrose and Greg Apel, for an auto and truck-oriented use, an auto rental agency, for property located in the Community Commercial (CC-2) zone at 1101 S. Riverside Drive. Yapp said this application is also in the Gateway One Plaza site. Yapp showed a rough schematic plan on an overhead. He said in 1995, Enterprise Rent-A-Car was granted a special exception for an auto and truck-oriented use for property at Sturgis Corner Drive. He said Enterprise wishes to change locations so they will be able to have on-site cleaning facilities, an increased number of parking spaces, better visibility and fewer ingress and egress concerns. He said the on-site parking provided by Enterprise meets the City's off-street requirements for this use. He said the City requires an automobile rental business in the CC-2 zone to provide one parking space for every 500 square feet, so there would be three spaces provided for employees at this site, but that does not take into account parking spaces needed for the rental fleet. Yapp said Enterprise has indicated they will have between 75-125 vehicles operating out of this office. He said they usually have 75% of the fleet in rental status at any one time. He said the applicant has indicated a need for 5-10 parking spaces during the day and 30 parking spaces during the weekend. He said staff feels the 544 plaza parking spaces provided for all the uses in Gateway One Plaza can readily absorb Enterprise's parking needs. He said Enterprise typically stages their cars at auto repair shops and airports for their customers, so that would decrease the need for on-site parking near the office. He said staff feels the rental car agency will augment other auto and truck- oriented uses along the Highways 1 and 6 corridors. He said the applicant has stated that if there are rental cars being stored on-site, they will be stored at the rear of the building. Yapp said staff believes the use will be self-policed with regard to the parking situation. Yapp said staff recommends that FXC98-0004, a special exception to establish an auto and truck-oriented use, an auto rental agency, for property located in the Community Commercial (CC-2) zone at 1101 S. Riverside Drive be approved. Board of Adjustment Wednesday, March 11, 1998 - 4:30 P.M. Page 4 Bender said Enterprise talked about having five employees, and the City parking requirements only provide three spaces. Yapp said the City only requires three spaces, and they assume that all five employees will not be working at once. The City requirement for one space per 500 square feet of space for an automobile rental office is based on national trends in how much parking is needed for the use. T.J. Brandt said he was concerned with the number of rental cars in the fleet, and he asked how many more vehicles would be added to the fleet with the move. Yapp said if Enterprise increases beyond the 125 cars, the City would not regulate it unless it was a condition of the special exception. L. Brandt noted that a specific fleet size was not a condition of Enterprise's first special exception at Sturgis Corner. Public hearing opened. Bill Cloven. City Rental Manager with Fnterprise Rent-A-Car, said the company specializes in being a replacement entity, serving customers whose cars are in the shop being repaired or serving corporate accounts. He said they have to keep a high level of occupancy to be successful, meaning their cars cannot be sitting in the lot. He said they have been successful in the Sturgis Corner area, and are outgrewing the available space they have. He said the parking is more of an issue on the weekend, but the cars will be parked in the back of the building. He said there are three full-time and two part-time employees. Greg Apel. Gateway One Plaza, said as leaseholders of the preperty, he and his partner Gerry Ambrose, will enforce the existing parking requirement to ensure that Enterprise complies with the City regulations. Tim Krumm. attorney, represents David Goodwin and Eleanor Goodwin Green, who are the preperty owners on which Gateway One Plaza is located. He said he is still concerned with parking availability in the plaza area. He asked staff if the site plan showed any permanent use of the 544 parking spaces for Big Ten Rental storage. Yapp said the site plan submitted to staff does not designate certain areas for certain uses; it just shows the striped parking spaces on the lot. Krumm said he is concerned that if the fleet size increases, the available parking will be affected. He thought there should be a condition limiting the overall fleet size. Dan Yeager said staff reported that the office space for Enterprise will be 1,500 square feet, but he counted 1,900 square feet. He said with the addition of the cleaning facility, which is 480 square feet, the building would total 2,380 square feet, which should require Enterprise to provide five parking spaces for employees. Yapp said the office square footage of 1,571 is based on the site plan submitted to staff. Public hearing closed. Bender said that she would recuse herself from further discussion, because she is a landlord at 44 Sturgis Corner Drive, where Enterprise Rent-A-Car is currently located. (Bender left the meeting at 5:14 p.m.) MOTION: L. Brandt moved to approve !=XC98-0004, a special exception to establish an auto and truck-oriented use, an auto rental agency, for property located in the Community Commercial (CC-2) zone at 1101 S. Riverside Drive. T.J. Board of Adjustment Wednesday, March 11, 1998 - 4:30 P.M. Page 5 Brandt seconded the motion. MOTION: T.J. Brandt moved to amend the original motion stating that the Enterprise fleet size not exceed 125 cars. Yapp noted that enforcement by the City would be difficult; they would have to rely on complaints or an inspector noticing an inordinate number of rental cars on the site and then investigate. L. Brandt seconded the motion. L. Brandt said he had some concams with the proposed amendment. He said that he did not know how the City would enforce it, and he did not know whether the Board should get involved in the overall parking situation. He said there are a variety of businesses in the plaza area, and the Board has to rely on staff to apply the parking standards, because they see each proposal that comes in. He said he thought self- policing would be a better means of enforcement. T.J. Brandt said he liked the amendment, even if there is self-policing, because there is something to use if there is a complaint or if the parking becomes an issue. Haigh said he thought the amendment gave the City something to fall back on if there is a complaint. The amendment failed by a vote of 2-1-1, with L. Brandt voting no and Bender abstaining. L. Brandt said he would support the original motion. He said he was not convinced that the parking issue would cause any problems with public welfare and safety. He noted that the proposed business is replacing businesses that were there before, so there has been traffic out in the plaza before. He said that this allows for good use of the property. Haigh said he would support the motion. He said that Enterprise's business was to have the cars rented, not sifting on the lot, so there should not be a problem with the parking there. He noted that Enterprise has been successful in expanding their business in the last three years. T.J. Brandt said he would support the motion because the business cannot afford to keep any care on the lot. He said the self-policing of the leaseholders would take care of any problems internally. The motion carried by a vote of 3-0-1, with Bender abstaining. (Bender returned to the meeting at 5:30 p.m.) EXC98-0005. Public hearing on an application submitted by Croell Redi-Mix, Inc., on behalf of property owner Ed Cole, for a special exception to permit a cementitious concrete batch/mix plant to be established on property located in the General Industrial (I-1) zone at 3310 Old Highway 218 South. Kugler said the applicant is requesting a special exception to permit a concrete batch plant on a property that is currently undeveloped. The applicant is also requesting that a temporary office and plant be permitted to be established on the southwest side of.the property while the permanent facility is being constructed. He said the property contains Board of Adjustment Wednesday, March 11, 1998 -4:30 P.M. Page 6 a wooded area along the south property line, which is not regulated by the Sensitive Areas Ordinance. He said there is also a stream corridor located along a portion of the property, which is protected by the Sensitive Areas Ordinance, and a 30-foot wide buffer has been provided for that. He said the owner has submitted a letter from the Soil Conservation Service verifying that no wetlands exist on the site. Kugler said there are no specific standards for a concrete/batch plant, but this general area of the City is zoned for industrial uses and seems to be an appropriate area for the proposed use. He said the site access is'sufficient. He said concerns about appearance for City entrances could be addressed by provision of a substantial landscape buffer along the frontage of the property, and the applicant has submitted a plan for a double row of trees to screen the use from people traveling on Old Highway 218. He said that staff recommends that if the Board approves the special exception, they should include a condition that the City Forester approve a landscape plan prior to the issuance of a building permit to ensure that the proper species of trees is proposed for this environment and that there is enough growing area for the trees. Kugler said staff recommends that there be some time limit established regarding the temporary structures. He said the applicant plans to have the plant running by Dec. 31, 1998, if the special exception is approved, and staff recommends that approval be conditioned on the removal of the temporary buildings by that date. He said that an adjacent property owner called with a drainage concern. The owner was concerned that water that normally flows from the north to the south in the area was being diverted, and no solution was proposed to get the water to the Iowa River. He said the applicant discussed the issue with the neighboring property owner and a drainage pipe was added to the plan to channel water to the stream corridor. He said the City Engineering Department will look at that closely, as well as the project's overall grading and storm water management plan. Kugler said that staff recommends EXC98-0005, a request for a special exception to permit a cementitious concrete batch/mix plant to be established on property located in the General Industrial (I-1) zone at 3310 Old Highway 218 South be approved, subject to (1) the approval of a landscaping plan by the City Forester, including a 35-foot landscaped area between the west property line and the proposed service road, (2) the expansion of the proposed landscaped areas at the northwest and southwest corners of the site, in general conformance with the site plan submitted on March 11, 1998, and (3) that the temporary office and plant shown on the site plan be removed from the site on or before Dec. 31, 1998. Public hearing opened. Tim Harold. Manager of Pro Ready Mix in Cedar Rapids, said the company purchased plants in Cedar Rapids in 1989 and West Branch in 1990, and both have grown and gained clients in the Iowa City area. Those clients would be better served if there was a plant in Iowa City. He said they plan to employ 15-20 people at the plant. Harold said he spoke with an adjacent property owner, who told him that the plan shows a 50-foot right of way that is only 30 feet. He said they will not encroach on his property, and have worked it out. L. Brandt asked Harold if he had contacted any other adjacent property owners. Harold said he had talked with two of them. L. Brandt asked Harold if he knew why any adjacent property owners would not want the plant to locate there. Harold said he was not sure of any reasons. Board of Adjustment Wednesday, March 11, 1998 - 4:30 P.M. Page 7 Robert Wolf. lake Ridge Manufactured Housing Park, said he is a neighbor to the property. He said they have been told that this area is a gateway to the City, and about the beautification process. He said he wanted to know what the plant will look like when it is completed. He said planting the trees is a good idea, but it will take years for them to grow to be tall enough to actually screen the plant. He said he could be in favor of the plant if there is a decent long-term plan. Haigh asked if staff had plans for the permanent structures. Kugler said an office building, a shop, the actual plant and some storage areas are shown on the site plan, but building elevations were not required. Haigh asked who would approve the final look of the plant. Kugler said staff will approve the building plans on a site plan unless there are special conditions attached by the Board. He said the Board could attach conditions to an approval and talk with the applicant about any special treatments to the structures. He noted in other commercial entryways, staff has required as part of a rezoning that certain building materials be used, and that loading and parking areas be placed behind buildings. He said in this case, the setback is 100 feet to the office, and there is proposed landscaping along the front of the property. Craig Albrecht. Metro Pavers, said S&G Materials is attached to this property, and as a part of their condition of use permit they were not allowed to put a batch plant into the area south of Isaac Walton Road. Kugler said the concern there was that a residential area is immediately adjacent to the S&G Materials property, and the condition was enforced by the County. He said this application is for a different piece of property in a different area. Maury Sause. S&G Materials, said he was concerned that no one contacted them about this issue; they own property adjacent to the applicant. He said there is a stream that goes through the area, and the applicant is planning to divert the water through the stream that goes through S&G's property. He asked where the batch clean out and recycling area was for the plant, and where the drainage was going to go, because the only drainage is to the south through their property. Kugler said storm water management is required for this plan, and Croell will not be allowed to release water at a greater rate than is already coming off the property. Russ Reinhart. L.L. Pelling Co., said they were asked by the City Council and the County Supervisors not to put in an asphalt plant on the property just south of the applicant's property, because of the truck traffic. Kugler said he was not familiar with that application, but he knew there were some concerns expressed by neighboring residents. Reinhart said the asphalt plant would have been further away from the neighborhood. Public hearing closed. MOTION: Brandt moved to approve FXC98-0005, a request for a special exception to permit a cementitious concrete batch/mix plant to be established on property located in the General Industrial (I-1) zone at 3310 Old Highway 218 South, subject to (1) the approval of a landscaping plan by the City Forester, including a 35-foot landscaped area between the west property line and the proposed service road, (2) the expansion of the proposed landscaped areas at the northwest and Board of Adjustment Wednesday, March 11, 1998 - 4:30 P.M. Page 8 southwest corners of the site, in general conformance with the site plan submitted on March 11, 1998, and (3) that the temporary office and plant shown on the site plan be removed from the site on or before Dec. 31, 1998. Bender seconded the motion. Bender said S&G Materials is listed as a neighboring property, and asked why they are saying that they did not get notified about the issue. Kugler said a notice should have been sent to them, and he did not remember having a letter returned to him from the post office. Bender said the area is zoned for industrial use, and maybe that and a gateway to the City do not go together, but she thought that staff did a good job of looking at the landscaping buffer. She said she was sympathetic to neighbors who are concerned with the plant's appearance, but that is why the landscaping buffer was included. She said she was confused and concerned about why another business was asked to avoid locating in that area. She said she would expect truck traffic in an area zoned for industrial use, and she was glad that the applicant seems willing to work with the City and neighbors to revise the site plan and add necessary amenities. L. Brandt agreed, saying he was glad that the applicant is working with the City and neighbors to diminish any negative aspects of the plant's appearance. He said he was reassured that some additional review of the area would be done. Haigh agreed, saying that the main plant is back from the road and the office building and the plantings will help screen it. He said this proposal fits well into this area of town. T.J. Brandt said he was concerned that the Board would be opening the door for an asphalt company to build a plant down in the area because they let a batch plant build there. He said he thought the dealings with L.L. Pelling Co. should be researched further so the Board understands why they were asked not to build an asphalt plant in the same area. Kugler said the mining operation that he thought Reinhart was referring to appears to be near a wooded wetland area, and that property is outside the City limits. The motion carried by a vote of 4-0. F:XC98-0006. Public hearing on an application submitted by Hawkeye Ready Mix, Inc., on behalf of property owner A.F. Streb, for a special exception to permit a cementitious concrete batch/mix plant to be established on property located in the General Industrial (I-1) zone on the north side of 420th Street, approximately Y, mile west of Highway 6 (Lot #36, Scott-Six Industrial Park). Kugler said the applicant indicates that the facility is intended to provide materials for construction of the streets within the Scott-Six Industrial Park, as well as for other projects. He said screening is being proposed along the north and east lines of the plant, and street trees are proposed along the two street frontages of 420th Street and Independence Road, and a portion of the north property line. Kugler said staff noted that this general area is zoned for industrial uses. He said a batch plant would facilitate street development within the industrial park and further development of the park itself, but staff is concerned with the use on such a visible property within the park. He said 420th Street is a future City arterial street that will connect Highway 6 with Taft Avenue, which will be a City arterial street itself. He said Board of Adjustment Wednesday, March 11, 1998 - 4:30 P.M. Page 9 the City is responsible for the construction and improvements of 420th Street, and the batch plant use could be visually unattractive. He said the applicant submitted a site plan with a second row of trees along 420t~' Street. Kugler said staff feels the extra trees, along with the deep setbacks along the two streets, could provide a more attractive entry into the industrial park, but staff is recommending some lower-level deciduous shrubs in combination with the trees to screen the view at the street level. He said the storm water detention facility is located along Independence Road, and staff is suggesting that the applicant design the facility as an amenity to enhance the entrance way into the park. Kugler said the proposed access to the site is along Independence Road, and no permanent access is being permitted along 420th Street, because it is a future arterial street. He said the applicant has indicated that a temporary access along 420~h Street may be requested for use pdor to development of the streets within the industrial park. He said normally, the City would require that the construction of Independence Road occur prior to the applicant receiving a building permit, but the City will allow situations where they would accept an escrow or a letter of credit for that portion of the street paving. He said if the applicant fails to do the paving after their building is complete, the City has the means to do so. He said in this instance, it seems reasonable to allow construction of the batch plant without the construction of that street, but requiring an escrow or letter of credit. Kugler said the Public Works Department is concerned with the impact of truck traffic from any industrial use in this area on 420th Street. He said the City has committed to reconstruct 420t~ Street at some point in the future, but until that occurs, maintenance of the road surface is a concern, because it is not designed to handle truck traffic. He said there will be access from this property to Scott Boulevard via paved City streets within the subdivision when the industrial park is developed, and users will be encouraged to travel that route instead of 420t~ Street. He said if 420"' Street begins to deteriorate, it may have to be embargoed. He said staff has had a number of letters submitted by adjacent property owners questioning the plant's appearance, its appropriate for this area, and the affect of dust and some of the chemicals associated with the batch plant on neighboring agricultural properties. He said he contacted the Johnson County Extension Office to investigate that issue, carbonate, properties, herbicides agricultural and he was told that limestone dust contains calcium and magnesium which has a tendency to increase the PH level of soils on adjacent but it will not totally take the value of the agricultural land away. He said that are not affected by the dust can be chosen, and some different practices may have to be used. Kugler said staff recommends that EXC98-0006, a request for a special exception to permit a cementitious concrete batch/mix plant to be established on property located in the General Industrial (I-1) zone at the northeast corner of 420t~ Street and Independence Road (the south 300 feet of Lot 36, Scott-Six Industrial Park), be approved, subject to the addition of low, deciduous shrubs among the street trees along 420th Street to provide additional screening in this area. L. Brandt said the neighbors' letters expressed concern with the dust and the noise made by the plant, and there is a reference to the belief that this industrial area was Board of Adjustment Wednesday, March 11, 1998 - 4:30 P.M. Page 10 designed for "clean" industries. Kugler said the I-1 zone is geared toward cleaner types of industries, and staff raised some concerns about the visibility of this use by 420t" Street, so that is why the extra screening was recommended. He noted that the City's zoning ordinance requires that the roads in the industrial park be hard-surfaced. Haigh asked if staff knew any of the other proposed businesse~ for this industrial park. Kugler said that this is the first application, and one of the reasons is because there are no streets available in the park at this point for people to request building permits. L. Brandt asked if there had been any discussion of zoning for adjacent properties. Kugler said the adjacent properties to the east and south are in the County, not within the City limits. He said the City Comprehensive Plan shows a bubble of industrial land to the east and the south in a conceptual plan, but no decisions have been made yet. Bender, Haigh and T.J. Brandt stated that they all had received calls before the meeting about the application, and all three told the caller that they could not discuss the application outside of the meeting. Public hearing opened. Jim Sauter. President of Hawkeye Ready Mix, said the company is looking to expand to this side of Iowa City. He said the plants are all equipped with dust-control equipment, both for receiving material and for the batching operation, and all the roadways will be paved. He said that the limestone coming into the plant is washed, so there is very little dust involved. He said they have to get air quality permits before the plant can operate. He said he was not aware of any letters of opposition, so he has not contacted any adjacent property owners, but they can work with staff and the owners for additional revisions. Sauter said they would like a temporary access off of 420th Street long enough to provide the concrete and the paving for Independence Road and the additional streets in the park. Kugler said if the proposed buildings are expanded, another special exception request will have to be brought before the Board. Sauter said they are considering adding a maintenance shop, underground storage and receiving hoppers in the future. Bender asked how long the Coralville plant has been in operation. Sauter said they have been involved in the last 10 years, but the plant started there about 40 years ago, and he is not aware of any complaints from neighboring property owners. Doug Paul. Profiles Corporation, said his publishing company is located on Highland Avenue, but they are negotiating a lease on Heinz road next to Blooming Prairie on the other side of Scott Boulevard. He said they use paper products, computers and printers in their business, and they may not be able to locate there because of the potential dust problem if this plant is allowed. C.W. Phillips. south of 420th Street, asked where the temporary right-of-way was going to be located. Kugler said one has not been applied for on this property yet, but a temporaw drive was granted to the west of this property to allow construction equipment to get in for construction of the subdivision. Phillips asked where the land would come from to widen 420th Street. Kugter said there is an adequate right-of-way on the north side, but there is not adequate right-of-way on the south side to construct the road. He Board of Adjustment Wednesday, March 11, 1998 - 4:30 P.M. Page 11 said they will not know the details of how much right-of-way is needed until the street improvement plan is designed. Brian O'Harra. American Iegion Road, said he did not object to having clean industries locate in that area, but he thinks the City is setting a poor precedent in letting the first industry there be a concrete plant. He said some of the best agricultural land in the area was annexed into Iowa City for this industrial park. Nancy Grea;,el. I 1/4 mile up on 470th Street from this project, said she was also concerned with setting a precedent with this request. She said the area is fiat and the wind is always blowing, and a cement plant is not clean industry. She said the intersection of 420th Street and Highway 6 is not a "'1'" intersection, and it has a very sharp curve dght after it. She said a lot of heavy truck traffic in this area is a bad idea, and she did not see concrete trucks using Scott Boulevard if they have the option of coming out on 420"~ Street. Carl Davis. east on 420~h Street and north on Taft Avenue from this project, asked how much of 420t~ Street is going to be paved. Kugler said just to the city limits for this project, and the rest will be completed later. Davis said 420~ Street has already been embargoed dudng the spdng. He said at the end of 420"' Street, there is a set of railroad tracks, and he is concerned with traffic safety. He questioned how much of the dust would wash out into the adjacent agricultural fields. Jim Greazel. I 1/4 mile up on 420"' Street from this project, said he was concerned with the proposal because high quality industry is what the park is supposed to have, not a cement plant. He said he was also concerned with traffic safety, and that the area is high density with the mobile home park. He said the plant and the trucks would be noisy in the area, which would result in noise pollution. He said the other Ready-Mix site in Coralville is ugly and an eyesore, and that is not the first thing that he wants people to see as they are coming into Iowa City. Linda Ridinauer. 470~ Street, said she was also concerned about the project. She said she has seen the amount of traffic increase on their road over the years, and it travels at a fast pace. She said the road is not very wide; it would be difficult for two large vehicles coming toward each other to maneuver and pass well. She said it will be difficult to dress up the plant's appearance and reduce the noise level. Dan Yeager. I 3/8 mile out on 420t" Street, said the road is not designed to carry this type of traffic. He said he did not oppose having the industrial site house clean industries, but he opposes this project. He said the project is inconsistent with the zoning ideas for the clean industrial park, the amount of traffic in the area will double and the plant is not in a very convenient location. He said the plant would have better access in the small industrial zone at Herbert Hoover Highway and 1-80. He said that 420th Street is currently a maintenance problem, and if the City waits five years to reconstruct it while it is being used as a temporary access road, there will be nothing left of it. He suggested having a count of traffic already turning from 420~h Street west bound onto Highway 6. He said some cement trucks use regenerative breaking, which is extremely loud, and the air quality in the area will decrease. He said while he is a good Hawkeye concrete customer, he feels that he has to oppose this proposal. Phil Prybil, said he opposes the concrete plant, because his family farms in the area. He Board of Adjustment Wednesday, March 11, 1998 - 4:30 P.M. Page 12 said on page 1 of the staff report, Kugler says the property to the east is vacant, and Prybil's family intends to farm that property until they can develop it. He said in staff's report, there is a belief that the plant needs to be located in the park for streets to be developed in the park. He said the plant in West Branch could bdng concrete to Iowa City without having to go through the City, and he thought that some of the other concrete businesses in the City would like the business of developing the streets in the industrial park. He said he shared the staff report with residents from the mobile home park, and those residents all signed a petition that he had created opposing the special exception. Prybil shared the petition with the Board members. Prybil said the landscaping sounds nice, but he did not think it would work. He shared photos of the Hawkeye plant in Coralville with Board members. He said he is for development on the east side of Iowa City, but he does not think that his family will be able to farm next to this industrial park if this plant is allowed. Harry Ficher. 420"' Street, suggested that the Board observe the traffic flow in the area so they understand why the residents are so upset about the issue. He said he was concerned with the road safety. Arleigh Clements. manager of Hawkeye Ready-Mix, described the neighborhood of the Ist Avenue plant in Coralville, and said that he has never had a complaint about dust from neighboring business owners. He said he has received complaints in the past from people that live in the apartments above Riverview Square about the plant starting operations too early in the morning. He said that the traffic on First Avenue is very dense, but they have never had an accident coming in or pulling out of the plant. Public hearing closed. MOTION: Bender moved to approve EXC98-0006, a request for a special exception to permit a cementitious concrete batch/mix plant to be established on property located in the General Industrial (I-1) zone at the northeast corner of 420t" Street and Independence Road (the south 300 feet of Lot 36, Scoff-Six Industrial Park), subject to the addition of low, deciduous shrubs among the street trees along 420th Street to provide additional screening in this area. L. Brandt seconded the motion. Kugler noted that the area is zoned for industrial uses, which will likely have truck traffic associated with them. He noted that the concerns expressed by the residents seemed to be related to the truck traffic issue, and not this specific use. He said the reconstruction of 420th Street has not been decided; it could happen as early as the Spring of 1999 if the Council saw fit to move it up, but nothing has been decided. He said most of the property within this industrial park will drain to the west into the storm water facility currently being constructed. He said if there are areas that will not drain that way, the plant will be required to provide storm water management in those areas. Bender said she appreciated all the neighbors coming to the meeting and presenting their side of the issue. She said she had some strong reservations about this project. She said she realized that the area was zoned for industrial uses, but this is a different area of town than in the previous special exception. She was concerned with the current and future condition of 420th Street. She said she was also concerned that this plant could diminish property value and agricultural value of property in the area, and she did Board of Adjustment Wednesday, March 11, 1998 - 4:30 P.M. Page 13 not think that she could support the motion. L. Brandt said he went to the area, and the amount of traffic in that area will keep increasing even without this project because it is an industrial area. He said this industrial park was intended to be clean, and the first business that gets approved here could set the tone for the rest of the park. He said there will be a lot of truck traffic, noise and mess while the area gets developed. He said he was concerned with approving this special exception at this time in the requested place. Haigh said he was concerned with traffic safety in the area, setting a precedent for what will be the first project in the park and the possible negative affect on the agricultural land in the area. T.J. Brandt said he thought they would be setting a precedent for this industrial area, and he would rather see some other industry go into the park first. Bender said the school distdct has received a grant of some land east of the park, and there may be another school in east Iowa City. She said that buses with school children in the area with cement trucks also concerned her. The motion failed by a vote of 0-4. BOARD OF ADJUSTMFNT INFORMATION: Kugler said that there needs to be a new appointee to the Airport Zoning Board of Adjustment from the Board. Holecek said she would look at the Board by-laws to see if the person needs to be elected or appointed by the Council. Kugler said staff will find out more information to present at the next Board meeting. Haigh said Corcoran cannot make the April 8 meeting, so he needed to know if anyone else could not make it. Holecek said she would not be attending. Bender said she did not think that she would be able to attend the May meeting. T.J. Brandt asked if they had made any more decisions about changing the meeting time to 5 p.m. or 5:30 p.m. Other members said they could try 5 p.m. Bender asked staff to call Corcoran to make sure that she can attend at 5 p.m. ADJOURNMFNT: MOTION: L. Brandt moved to adjoum the meeting. Bender seconded the motion. The motion carried by a vote of 4-0, and the meeting was adjourned at 7:35 p.m. Minutes submitted by Traci Howard. William Haigh, Board Chairperson plxladmin\minV~oa3-11 .doc MINUTES IOWa CITY BOARD OF ADJUSTMENT WEDNESDAY, APRIL 8, 1998 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS Subject to/ .pproval MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: Susan Bender, Lowell Brandt, T.J. Brandt, Bill Haigh Kate Corcoran Melody Rockwell, Dennis Mitchell, Traci Howard John Phipps, Dave V. Hodge, Sergio Espirosa, Ed Bruce W. Fischer Fitzpatrick, RECOMMF:NDATIONS TO COUNCIL: The Board of Adjustment recommends that Lowell Brandt be appointed as the Board's representative to the Johnson County/Iowa City Airport Zoning Board of Adjustment. CALL TO ORDFR: Chairperson Haigh called the meeting to order at 4:35 p.m. ROLL CALL: Bender, T.J. Brandt and Haigh were present for the roll call. CONSIDERATION OF THF MARCH 11. 1998. MFI=TING MINUTES: MOTION: Bender moved to approve the March 11, 1998, meeting minutes. T.J. Brandt seconded the motion. The motion carried by a vote of 3-0. SPECIAL EXCF:PTION ITEM: EXC98-0003. Public hearing on an application submitted by the Church of Jesus Christ of Latter Day Saints for a special exception to permit an expansion of a religious institution for property located in the Low Density Single-Family Residential (RSo5) zone at 2730 Bradford Drive. PubEc heari~"~)pened. Haigh announced that the applicant had requested a deferral to the May 13, 1998 Board meeting. He asked if anyone from the public wanted to speak on this item. Hearing none, he closed the public hearing. Public hearing closed. MOTION: Bender moved to defer item EXC98-0003, a special exception to permit an expansion of a religious institution for property located in the RS-5 zone at 2730 Bradford Drive to the May 13, 1998, Board meeting. T.J. Brandt seconded the motion. The motion carried by a vote of 3-0. Iowa City Board of Adjustment Minutes April 8, 1998 Page 2 VARIANCI= ITFM: VAR97-0004. Public hearing on a request from John and Diana Phipps for an extensio~ of a September 10, 1997, Board decision granting a variance to exceed the maximum density permitted for a rooming house in the Neighborhood Conservation Residential (RNC-20) zone for property located at 932 E. College Street. Rockwell said on September 10, 1998, the Board approved a variance to exceed the maximum density permitted for a rooming house in the RNC-20 zone. She said the applicants, Diana and John Phipps, are requesting "an extension of 30 days (or whatever is customary) to prevent our variance from expiring." The letter cites unavoidable delays in the property sale and financing arrangements. Now, it appears that closure is being reached and the applicants will soon be able to move forward with renovations of the property. At this point, the Board is not being asked to reevaluate its decision to grant a variance, but to determine whether an extension of the Board's decision is appropriate. She said staff views the request for the extension as reasonable, and recommends that the decision be extended as approved with conditions on September 10, 1997, to October 8, 1998. Public hearing opened. John Phipps. property owner said the business has been incorporated, and the bank financing and investors are lined up. He said closure is scheduled for Friday, April 10, pending the extension of the variance approval. Public hearing closed. MOTION: Bender moved to approve the extension to October 8, 1998, of the September 10, 1998, Board decision approving VAR97-0004, a variance permitting the maximum density for a rooming house in the RNC-20 zone at 932 E. College Street to be exceeded, as approved with conditions on September 10, 1997. T.J. Brandt seconded the motion. Bender said it was clear that the applicants faced unforeseeable delays concerning the sale of the property, which delayed the necessary financial arrangements for renovating the fraternity house and establishing the rooming house business. She said she thought it was a reasonable,.r.6~quest to move a worthwhile housing project forward. Haigh and T.J. Brandt agreed. The motion was carried by a vote of 3-0. SPECIAL EXCEPTION ITEM: EXC98-0009. Public hearing on an application submitted by Hodge Construction Co. for a special exception to permit a reduction in required off-street parking for property located in the Planned High Density Multi-Family Residential (RPM) zone at 130 Jefferson Street. (L. Brandt arrived at 4:45 p.m.) Rockwell said the applicant, Hodge Construction, is in the process of renovating a historic structure, the Park House Hotel, which is located at 130 Jefferson Street. The conversion Iowa City Board of Adjustment Minutes April 8, 1998 Page 3 has resulted in one additional parking space being required over and above what was previously required. She said the applicant is asking the Board to grant a special exception to reduce the required parking by one parking space to preserve a courtyard that has historically been part of the property. Rockwell said the Zoning Chapter provides that where it can be demonstrated that a specific use has characteristics such that the number of parking spaces required is too restrictive, the Board may allow a reduction in the required number of parking spaces. She said technically, the applicant cannot meet the criteria for granting a parking reduction. It would be difficult to argue that the parking requirement of two parking spaces per apartment is too restrictive in this area of the community where parking is at a premium, or that providing one parking space for a 50-bedroom apartment house is an unreasonable requirement. The only way that the parking requirement can be construed as restrictive is by the impact that the paving for a drive, parking space and turn-around area will have on the courtyard. Such paving would dissect the courtyard, could negatively affect the viability of the mature trees, and would probably result in an enforcement problem of having vehicles parking on the drive as well as in the parking space. The preservation of green space and large trees in this densely populated area of the city would be compromised. Rockwell said the tradeoff of one parking space for the preservation of an area that has historically been open space would seem reasonable, except that construction activities to renovate the Park House Hotel appear to have obliterated the green space and may have created a situation that will destroy the trees over time. Unless the applicant can provide an acceptable plan for restoring the green courtyard, including the specific soil aeration measures that will be instituted to assure the retention of the trees on the site, the requested parking modification should not be considered. Also, to assure that the courtyard is kept as green space and not converted to parking by a future landowner, staff suggests that a further condition of approval be that the courtyard be kept as landscaped open space in perpetuity. Rockwell noted that the applicant could reconfigure the building interior and compliance with the parking requirements could be achieved without reducing density. She said the end result may be to create a less acceptable living environment for the tenants of the Park House Hotel and to have no assurance that the open space would be preserved as a landscaped area. She said as the Board deliberates on its decision for EXC98-0009, staff would suggest that it balance the public benefits of providing a single parking space against the benefits o¥ retaining a landscaped courtyard that is thought to have been in place since the late 1800s. If the Board decides to grant the parking modification request, staff would suggest that such approval be subject to the applicant implementing a landscaping plan, approved by the City, to restore the courtyard to a green open space and to aerate the compacted soil to facilitate the long-term viability of the mature trees on the site, and subject to the understanding that the courtyard is to be retained as landscaped open space in perpetuity with no parking or buildings to be constructed on that portion of the site. Rockwell said she received calls from neighboring property owners. She said Ed Fitzpatrick indicated the people at the Newman Center would like to see the green space maintained over time. She said Reverend Bruce Fischer from the Congregational Church called to say that he was concerned about diminishment of parking in this area of the community. She said Phyllis Devoll from Gloria Dei liked the idea of preserving the green space, but could Iowa City Board of Adjustment Minutes April 8, 1998 Page 4 also see the advantage of having a parking space for tenants to load and unload as they move in and out of the building. Rockwell noted a letter from the applicant, Mike Hodge, was distributed just prior to the meeting. She said she had spoken with Hodge before the meeting, and he indicated that he was opposed to having the courtyard retained as green space in perpetuity. He was willing to do the aeration of the soil, renovate the space and return it to its green state, but did not want to be obliged to keep the courtyard as green space forever. She said it is staff's position that if this historic courtyard warrants preservation, such that the Board is being requested to waive the parking space requirement in order to preserve it, that the courtyard should be preserved over time and not just until it is convenient to change it to something else. Public hearing opened. Dave Hodge. 4548 Southwest Hazelwood said he is part-owner of the building and Hodge Construction. He said the letter from Mike Hodge summarizes their feelings about the project. He said the apartment layout reduction is not as simple as it sounds. He said they would need to change a three-bedroom apartment to a one-bedroom apartment to comply with the parking requirements; the layout would not work well and one-bedroom apartments are not really acceptable. He said Hodge Construction is for keeping the green space the way it is, but they do not want it tied up for another owner or a future use of the property. L. Brandt noted one of HoSge's arguments in the application was that the green space added enjoyment and property value to the neighborhood and green space is needed in downtown Iowa City. Hodge said a future property owner could want to tear down the hotel and build a building that would encroach into the green space, or want to use the green space for something else, and the perpetuity would lock Hodge Construction into retaining the green space on the property. L. Brandt asked if the parking space is not required and the green space can be removed by a future property owner, could another building be constructed without providing any parking spaces. Bender asked if Hodge would withdraw the special exception if the Board approved the item with the conditions suggested by staff. Hodge said yes, they would put the one parking space in, although they do not want to do that. Sergio Espirosc. 115 N. Dubuque said he is in support of conserving the green space. He said that mos~y Students live in the area and they do not need cars because of the location and being able to use the transit system. He said providing one parking space would have little effect, but a green space would provide benefits for years to come. Ed Fitzpatrick. 104 E. Jefferson said he is an adjacent property owner and he agrees with staff's recommendation for retaining the courtyard as green space in perpetuity, because of the historical nature of the building in context with the courtyard. He said he supports the recommendation as proposed by staff. Rockwell asked Hodge if rephrasing the recommendation to say "the green space should be retained as long as the existing buildings remain in place," would be an acceptable compromise for retaining the green space. Hodge said that sounds fine, but he would need to talk with his partner, Mike Hodge, before anything is decided. Iowa City Board of Adjustment Minutes April 8, 1998 Page 5 Rev. Bruce Fischer. 30 North Clinton, said he is the pastor of the Congregational Church on the corner of Clinton and Jefferson Streets. He said he is not opposing the specific proposal, but feels parking is a serious problem for their organization in this area of town. He said over time, a series of decisions have depleted the downtown parking supply. He asked the Board to be aware of decisions being made in this area near downtown, as it makes decisions in the future. Public hearing closed. L. Brandt asked what activities would generate a need for the applicant to come back before the Board. If the special exception was approved for the life of the building and the parking requirement was reduced, would the special exception be terminated if the building was torn down. Mitchell said yes. He said the Board could state that the parking space is not required as long as the courtyard is maintained. L. Brandt asked if the motion was for "perpetuity," would there be recourse for asking that to be modified. Rockwell said the applicant or a new owner could ask for the item to be looked at again by the Board. Mitchell said building a larger building on this site would be enlarging a nonconforming use. If no parking could be provided, the new owner would have to return to the Board for a parking special exception. L. Brandt said he agreed with staff's concern that if the need for parking is relieved, the green space should be saved. He said the "in perpetuity" language is clean, but he understood the difficulty in projecting the long-term future of the property. He said he was interested in attaching the special exception to the life of the historic building. Bender said she thought attaching the special exception to the life of the building is a reasonable compromise, even though she liked the "in perpetuity" because the neighbors and residents are expressing how important the green space is to them. She said if there was a major change in the future, it is likely the owner would have to come back to the Board for an approval of some sort anyway. With the condition, she thought there would be a record of the Board's interest in retaining the courtyard. She said she viewed the last part of the Hodge letter as a threat, and did not feel it was helpful to the process. T.J. Brandt said he thought everyone wanted to see the green space conserved, and he thought the proposed condition was a fine compromise. L. Brandt asked if the Board would approve staff's recommendation of "in perpetuity," could the owner disregard the special exception and pave in the parking space on the green space. Mitchell. said the owner could do that as long as they provide the parking space. Rockwell sai(~'e~/en if the parking space is constructed, the property is in the PRM zone so additional screening is required and some green space will need to be provided. MOTION: L. Brandt moved to approve EXC98-0009, a special exception to permit a reduction in required off-street parking for property located in the PRM zone at 130Jefferson Street, subject to the applicant implementing a landscaping plan approved by the city to restore the courtyard to a green open space and to aerate the compacted soil to facilitate the long-term viability of the mature trees on the site, and subject to the understanding that the courtyard is to be retained as landscaped open space with no parking or buildings to be constructed on that portion of the site so long as the existing structure at this address stands. Bender seconded the motion. MOTION: L. Brandt moved to table discussion on FXC98-0009 for 15 minutes while Dave Hodge called Mike Hodge. Bender seconded the motion. Motion carried 4-0. Iowa City Board of Adjustment Minutes April 8, 1998 Page 6 OTHFR ITFMS: Airport Zoning Board of Adjustment Appointment L. Brandt volunteered to replace Bender on the Airport Zoning Board of Adjustment. MOTION: Haigh moved to recommend to the City Council that L. Brandt be appointed as the Board's representative on the Johnson County/Iowa City Airport Zoning Board of Adjustment. T.J. Brandt seconded the motion. The motion carried by a vote of 4-0. Meeting Time Rockwell said she spoke with Corcoran, who is willing to have the Board meeting start as late as 5:30 or 6 p.m. MOTION: L. Brandt moved that the Board change their regular meeting time to 5 p.m. starting with the May 13, 1998, meeting. Bender seconded the motion. The motion carried by a vote of 4-0. Rockwell said due to a conflict with a City Council meeting, the Council Chambers will not be available for the Board's use on the second Wednesday in September 1998. She asked if members could meet instead on the third Wednesday, September 16 at 5 p.m. Bender said she may have a conflict, but the Board members agreed to schedule their September meeting on the 16th. BOARD OF ADJUSTMI:NT INFORMATION: Bender said she received a less than complete agenda packet for this meeting, and she had been receiving duplicates of other city documents and files. Rockwell said the duplicates may have occurred, because she was on both the Board of Adjustment and the Airport Zoning Board of Adjustment. L. Brandt said he would not be available for the Board's June meeting. EXC98-0009 (continued) Dave Hodge returned to the meeting at 5:40 p.m. He said he spoke by telephone with Mike Hodge, wh0"s~id that he and another partner own the 115 N. Dubuque Street property in an equal vpartnership. He said the Park House Hotel and that property share the green courtyard space, also in a 50-50 partnership. According to Dave Hodge, Mike Hodge said he did not want to make a commitment to attach the special exception to the life of the building without talking to his other partner first. Rockwell suggested that Dave Hodge request a deferral of the special exception until the Board's May meeting, so the ownership questions relating to the courtyard retention and the parking requirement can be resolved. Hodge requested that this item be deferred to the Board's May meeting. MOTION: L. Brandt moved to defer item FXC97-0009, an application for a special exception to modify the parking requirement for property located in the PRM zone at 130 Jefferson, to the Board's May 13, 1998, meeting. Bender seconded the motion. The motion carried by a vote of 4-0. Iowa City Board of Adjustment Minutes April 8, 1998 Page 7 ADJOURNMFNT: MOTION: Bender moved to adjourn the meeting. T.J. Brandt seconded the motion. The motion carried by a vote of 4-0, and the meeting was adjourned at 5:45 p.m. William Haigh, Board Chairperson Melod~-ckwell,~oard Secretary Minutes submitted by Traci Howard. SIGN IN SHEET IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, APRIL 8, 1998- 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS Name Address o 7. o 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. MINUTES IOWA CITY BOARD OF APPEALS MONDAY, MARCH 2, 1998 - 4:30 P.M. LOBBY CONFERENCE ROOM, IOWA CITY CIVIC CENTER MEMBERS PRESENT: Robert Carlson, Gary Haman, Wayne Maas, John Roffman, John Staska, Tom Werderitsch MEMBERS ABSENT: Anna Buss STAFF PRESENT: Ron Boose, John Bovey OTHERS PRESENT: Kathy Damell, John Oberg 1. CA1.1, TO ORDER The meeting was called to order at 4:40 p.m. by Chairperson Carlson. 2. CONSIDERATION OF THE MINUTES OF TIFF, JANUARY 5, 1998 MEETING Werderitsch moved to approved the minutes of the January 5, 1998 meeting as submitted. Staska seconded. The motion carried 4-0-1, with Maas abstaining since he was not present at the January 5 meeting, and Roffman not yet present. HEAR A REQUEST FOR A MODIFICATION OF SECTION 310.7 OF TIFF, UNIFORM BUll,DING CODE FOR A STRUCTURE AT 611 S. CI,INTON STREET Boose stated that he had received a new plan which he distributed to Board members. The new plan did not increase the floor area of the apartment unit, but made the space more functional. Carlson asked if this was an existing space that was being renovated. Oberg replied that this property had been a run-down rooming house and he and his parmer were updating the property by creating individual apaxtments and bringing the building into compliance with current codes. A part of that renovation included installing steel egress stairs at both ends of the building. Oberg said that these stairs pass outside the window and exterior wall of the unit in question. The unit does not have adequate floor area to meet minimum building code requirements for an apartment, and the egress stair prevents any expansion. Boose stated that the Building Division was more concerned with provision of adequate means of egress and in plan review, overlooked the fact that the apartment did not meet the minimum floor area requirement. The deficiency was noted during the framing inspection and Boose said the unit had approximately 165 square feet of floor area, while the requirement is 220 square feet of floor area. Boose stated that staff favors approving the modification since the life safety and fire-resistiveness of the unit are not lessened by the small floor area. Carlson moved to approve the modification since the floor area was an existing condition and did not lessen the life safety of the unit. Maas seconded. The motion carried unanimously, 5-0. Roffinan arrived at 4:50 p.m. Iowa City Board of Appeals March 2, 1998 page two HE. AR A REQUEST FOR A VARIANCE FROM TI-IF, REQUIREMENTS OF SECTION 14-5E- 17-K-4 (CEII,ING HEIGHT) OF THE IOWA CITY HOUSING CODE FOR A STRUCTURE AT 942 WEBSTER STREET Carlson said that an area of higher ceiling exists in this bedroom and he assumed that smoke detectors were installed. Carlson moved to grant the variance since smoke detectors are required and some higher ceiling height does exist, and based on previous decision of the Board in similar matters. Werderitsch asked if the adjoining bedroom would also have the same ceiling height deficiency. Bovey replied that the adjoining bedroom has a dormer and center support wall which alleviate the problem. Staska seconded Carlson's motion. The motion carried unanimously, 6-0. 5. El ,ECTION OF OFFICERS FOR 1998 Maas nominated Carlson for chair. Werderitsch nominated Roffman for vice-chair. Boose stated that there could be one vote on the slate of nominations. The Board voted unanimously, 6-0, to appoint Carlson as chair and Roffman as vice-chair. 6. OTI-IF.R BUSINESS Boose updated the Board on the status of 130 Jefferson Street and said that Mike Hodge had again decided to completely renovate the building and construct sixteen three-bedroom apartment units and install fire sprinklers in the building. Boose also said that all first-floor exterior doors were being removed and a main entrance to the building was proposed. Additionally, the Dubuque Street stairs will not be re-installed. Carlson asked if the Historic Preservation Commission approved these changes. Boose said that the HPC had no control over the interior. Carlson asked about the removal of the fu'st-floor exterior doors. Boose said that the architect was trying to match the exterior windows and not worry about the doors. Boose also said that the one-story addition to the rear of the building would be removed. Maas asked what would happen if the August 1, 1998 deadline for a certificate of occupancy is not met. Werderitsch said the Board would again be asked to consider an extension to the deadline. Carlson pointed out that Hodge was obligated to obtain a building permit by February 2, 1998 under the extension agreed to in January. Boose stated that Hodge had obtained a building permit, and was now amending the permit to reflect the recent plan changes. Boose said that if Hodge doesn't meet the August deadline, he probably wouldn't be too far behind since he would want to get the building leased and occupied prior to the start of the school year. 7. ADJOURNMENT Werderitsch moved for adjournment at 5:07 p.m. Haman seconded the motion. The motion was unanimously approved and the meeting adjourned. Robert Carlson, Board of Appeals Chair Date Minutes submitted by Kathy Zuckweiler. IOWA CITY PUBL.!,.:C., LIB':~:;~"~ BOARD OF TRUSTEES REGULAR MEETt~;"(~ -',<~' MEETING ROOM A . , THURSDAY, MARCH 26, 19gS - 5:00 PM Members Present: Li't~da Dellsperger, Stephen Greenleaf, Mary McMurray, Lisa Parker, ...~.. Singerman, Anne Spencer, Jim Swaim, Chuck Traw Members Absent: .... ~,~ALL TO ORDER: Jesse Mark Martin Susan Craig, Larry Eckholt, Debb Green, Martha Lubaroff, Liz Nichols, President Singerman called the meeting to order at 5:05 pm APPROVAl OF MINUTES: At this time it was pointed out that the date on the agenda was incorrect and should have read March 26 and not the 18th. Parker said that the statement in the minutes of February 26, 1998, attributed to her, indicating solid support from the Chamber for the building project was incorrect. What she pointed out at the meeting was that the transition of the Chamber Centerspace task force went well, rather than indicating any position on the part of the chamber. Concern was expressed regarding inaccuracies appearing in minutes that go out in Council packets. At this point Craig explained the practice on corrections to minutes. Although the minutes may go out in the packet with an inaccurate statement, the correction is indicated in the beginning of the next set of minutes. Singerman was in favor of Craig's suggestion that we send a "draft" copy of minutes in the packet and then send out a final copy after approval. Craig had a conversation with the City Clerk who described this system as an option some Boards and Commissions take. Singerman asked that we amend the minutes to clarify that the $5,000 from the building project budget line would be used to pay for focus groups. After these corrections were made, the minutes were approved unanimously after a motion by Parker/Greenleaf. UNFINISHED BUSINESS A. Building Project: Craig reported on the Council's discussion regarding the proposed sales tax which took place at the recent informal City Council meeting. There is a majority of the Council that is in favor of moving ahead with the sales tax. There seems no question that 40% of the revenue will be allocated to pay for the Library/CenterSpace project if the bond referendum also passes. There is some hesitancy however about assigning operating costs to this revenue since it implies a dependency on the sales tax forever. A new issue raised for use of some income from sales ICPL BOARD OF TRUSTEES MARCH 26, 1998 PAGE 2 tax was for sewer and water tax relief. Council asked what it would take to freeze the rates for these services where they are. There was a discussion regarding the significant timing issue that might involve Coralville's enthusiastic support of the sales tax. Coralville does not feel that they would be ready to take a position on how they would use the revenue until August. They would like to see the referendum moved to February/March of 1999 so there would be time to build a campaign. It could be hard from the Chamber's perspective to come up with a position until September. Other organizations may feel the same way. A question regarding what would happen if one Passes and the other one does not was raised. Council will need to define, but if the library portion gets passed and the sales tax does not, property taxes could go up. The pros and cons of a general election vs a special election were also debated. In response to Swaim's suggestion to put the building only on the ballot for this fall and then try again in February if it did not pass, Craig stated that she didn't think the Council would be in favor of splitting the project. It is the Board's position that sooner is better. We've been in this process for five years and really do not want to wait. Swaim has concerns about delaying the project and as a result delaying the convening of a campaign committee. Campaign committee. The project is still being defined. We are seeking input with the use of focus groups. The Board is comfortable where they are. We will hold on to the legal opinion until such a time as we form a campaign committee. The Board will continue building project discussion next month. NEW BUSINESS B. Community Survey. An RFP was sent to five different groups who do community surveys. We received two proposals back. We are moving ahead with the Social Sciences Institute from University of Iowa. They can meet our timeline and their price was less than the other bidder. We have had two very good meetings. The quote was slightly less than the amount we requested. Craig asked the Board about a question regarding potential services provided in the future. It concerned three types of facilitities. Reading room branch, bookmobile, larger main library The Board thought mention of any type of branch' should be deleted since no plans are underway and they don't want to mislead people. However, the question regarding a bookmobile should be left in because we are studying costs of bookmobile service. Focus group report for the Building Committee Monday night. Craig has had several conversations with Ann Seizer, a consultant from Des Moines who has considerable experience with focus groups. Four focus groups of 10-15 people each would be about $4,000-$5,000. Singerman felt this was important to move on quickly. ICPL BOARD OF TRUSTEES MARCH 26, 1998 PAGE 3 STAFF REPORTS. Volunteer Recognition events. A committee made up of members from each department has been working hard to plan the events. We will hold a reception on Friday, April 24 at 5:00 pm. Volunteers will be issued invitations. The staff chose a Chinese theme. The WINDOW has an original poem written by Maureen Delaney. The logo was designed by Sara Brown. Thursday, April 23 is the kids volunteer reception. Trustees can stop by at that party prior to the Board meeting. Internet information efforts. We are a little behind our time line. We hope that by May we'll have the brochure and a program ready before summer release from school. Craig included "'some information in the packet, and indicated that internet access is the hottest topic in the library world. Westgate lecture. An announcement was included in the packet. Hazel Westgate was a children's librarian here at ICPL for many years who left a bequest to the State Library to help with service to children. Craig will travel to Des Moines and present a special introduction at the event. Development Office report in the packet. Nineteen teams have registered so far for the spelling bee. Eckholt hopes to raise about $7,000 which will be used for meeting room furniture. Please come. March 31 at 7:00 pm at the Highlander. Universal service discount information. Staff have completed the first segment of forms to apply for this universal service discount program established by federal law. The purpose of the program is to assist educational institutions, and libraries to provide affordable telecommunications for students and library users. The library has to apply, be confirmed and then vendor receives funds from us and from the universal services fund. It is a time consuming process, but should save several thousands of dollars a year in .ongoing telecommunications charges. Web Page update. It has been and continues to be updated. We will have it set up next month for the Board to View. Dellsperger commented that she had heard very positive comments about it. Swaim commented on Nichols's talk at the United Way Directors meeting about the JCCN and what they can offer for nonprofit organizations in the way of web page assistance. The group was very receptive. The library is beginning to talk with the City on combining cable channels. Reminder to Board that certain criteria need to be met before they would be asked to approve anything, however the general concept was agreed to last fall. Dellsperger asked about PATV and where they would be relocating. They are starting a fund raising project and the hope is that PATV and the City's cable station can work towards the goal of having a shared facility. ICPL BOARD OF TRUSTEES MARCH 26, 1998 PAGE 4 Damaged ceiling tiles have been replaced throughout the library. P! A conference. Six staff members attended the meeting recently in Kansas City. They attended a great series of programs. 'Craig explained that this conference has workshops for Trustees, Friends and volunteers. Speakers from institutions all over the country are invited. We would like to send a trustee to the next meeting which is in two years in Charlotte, NC. Opinion Piece. This article from the Press Citizen was included. The author described missing "the most user-friendly library in the world". PRFSIDFNT'S REPORT Singerman appointed a committee to evaluate the Director. McMurray accepted the chair. Dellsperger and Traw will serve on the committee. They will report back to Trustees in June. ANNOUNCFMENT FROM MEMBERS Question from Parker regarding followup on outcome of asking CenterSpace people to revise some of the language in their visionary piece. Singerman said it had been mentioned and another meeting is set up for Monday. DISBURSEMENTS Review VISA expenditures. They were distributed at the meeting. There were no questions.. Approve disbursements for February. They were approved after a motion by Greenleaf/Parker SET AGENDA ORDER FOR APRIL MEETING The meeting was adjourned at 6:20 pm after a motion by Greenleaf/Spencer MINUTES PLANNING AND ZONING COMMISSION MARCH 19, 1998 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson, Phil Shive, Lea Supple MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Sarah Holecek, Scott Kugler, Anne Schulte RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, of SUB98-0004, a final plat of a Resubdivision of Lot 51, Walden Hills, a 2.9 acre, 25-1ot residential subdivision located at the northeast corner of Shannon Drive and Irving Avenue, subject to the approval of construction drawings and legal papers prior to City Council consideration Of the final plat, and subject to approval of the preliminary plat by City Council prior to City Council consideration of the final plat. Recommended approval, by a vote of 6-0, of SUB98-0005, a final plat of Westcott Heights, an 84.12 acre, 31-1ot residential subdivision located in Johnson County on the west side of Prairie du Chien Road, 1/4 mile north of Newport Road, subject to the approval of legal papers prior to City Council consideration of the plat and that the requirement for a 60-foot wide right-of-way be modified to require 50 feet for Morel Circle and West Ridge Court. Recommended, by a vote of 6-0, retention of the 100 person occupancy load restriction on restaurants in the amendments to the Title 14, Chapter 6, "Zoning," Article E, "Commercial and Business Zones," Section 2, "Neighborhood Commercial Zone" (CN-1) as voted on at the March §, 1998 meeting. CALL TO ORDER: Vice-chairperson Bovbjerg called the meeting to order at 7:38 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg said citizens should refer to the bulletin board in the Civic Center Lobby for vacancies or call the City Clerk. She added that there will be two vacancies on the Planning and Zoning Commission with terms beginning in May. Supple said the Northeast Planning District Sessions would be held on March 23 and March 26 at Lemme Elementary School. Miklo said this district includes the area east of First Planning and Zoning Commission March 19, 1998 Page 2 Avenue and Hickory Hill Park, north of Court Street, south of Interstate-SO and extending east into the county past Taft Avenue. RF7ONING ITFM: RE797-0011. Public discussion of a motion to reconsider an application submitted by H & O, LLC, on behalf of property owner Norwood C. Louis, to rezone 4.46 acres from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlay-8 (OSA-8) to permit 32 dwelling units for property located at 500 Foster Road. Bovbjerg stated that if the Commission' votes in favor of reconsidering this application, it would be discussed at the March 30, 1998 and April 2, 1998 Commission meetings. MOTION: Supple moved to reconsider RE797-0001, an application submitted by H & O, LLC, on behalf of property owner Norwood C. Louis, to rezone 4.46 acres from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlay-8 (OSA-8) to permit 32 dwelling units for property located at 500 Foster Road, at the April 2, 1998 meeting of the Planning and Zoning Commission. Shive seconded the motion. Supple said she would vote in favor of this motion, because a developer should be given every opportunity to put together an acceptable project. Chait said the developer is focused on addressing the concerns of the Commission. Ehrhardt said she reviewed the minutes and summary of the February 5, 1998 meeting. She said she came across some comments that stated that the desires of the Commission may not have been properly communicated to the developer. Ehrhardt said she felt the Commission did give feedback to the developer, but the developer did not respond to the Commission's comments. She said she would not vote to reconsider this application, because the developer does have other opportunities to present this project. Bovbjerg agreed with Supple that the Commission should use the chance to review the project, and she felt this was evidence of an open Commission and an open government. The motion carried on a vote of 5-1. with Fhrhardt voting no. Chait asked if the Commission would now be considering a modification of the project. Miklo said he believed the developer would be modifying the plan to attempt to address concerns regarding the size of the multi-family building. DEVELOPMENT ITEMS: SUB98-0004. Public discussion of an application submitted by Walden Woods Associates II for a final plat of a Resubdivision of Lot 51, Walden Hills, a 2.9 acre, 25-1ot residential subdivision located at the northeast corner of Shannon Drive and Irving Avenue. (45-day limitation period expires March 29) Kugler stated that the rezoning and the preliminary plat for this item are still pending before the City Council. He said if the Commission should choose to approve this final plat, it should be done subject to the approval of the preliminary plat prior to City Council Planning and Zoning Commission March 19, 1998 Page 3 approving the final plat. Kugler said the few deficiencies noted in the staff report have all been corrected. He said staff recommends that a number of provisions be added to the legal papers, mainly to deal with the extension of Shannon Drive north to provide access to this property prior to any dwelling units on this lot being occupied, the construction of sidewalks, and the closing off of the two connecting streets from this development to the existing neighborhood to the east while this project is under construction. Kugler said the Commission could incorporate language regarding these provisions into its motion, but it would not be necessary since the Conditional Zoning Agreement lays out most of these items. He said staff recommends approval of this subdivision, subject to approval of construction drawings and legal papers prior to City Council consideration of the plat, and subject to approval of the preliminary plat by City Council prior to City Council approval of the final plat. Bovbjerg asked Holecek if it would be necessary to include the provisions cited by staff in the motion. Holecek responded that the provisions would be in the legal papers prior to City Council consideration of the plat, and the motion will contain the provision that the plat be approved subject to the approval of construction drawing and legal papers. She said these provisions in the staff report point out to the developer and his attorney the things that will need to be addressed in those legal papers. Public discussion: There was none. Public discussion closed. MOTION: Chait moved to recommend approval of SUB98-0004, a final plat of a Resubdivision of Lot 51, Walden Hills, a 2.9 acre, 25-1ot residential subdivision located at the northeast corner of Shannon Drive and Irving Avenue subject to the approval of construction drawings and legal papers prior to City Council consideration of the plat and subject to approval of the preliminary plat by City Council prior to City Council consideration of the final plat. Ehrhardt seconded the motion. The motion carried on a vote of 6-0. SUB98-0005. Public discussion of an application submitted by James Anderson for a final plat of Westcott Heights, an 84.12 acre, 31-1ot residential subdivision located in Johnson County on the west side of Prairie du Chien Road, 1/4 mile north of Newport Road. (45-day limitation period expires March 29) Kugler said the final plat for this subdivision is in general conformance with City subdivision regulations, as well as the approved preliminary plat. He said the applicant is requesting that one of the City rural design standards be waived for this plat. Kugler said there is a requirement in the City rural design standards for a 60-foot wide right-of-way if curb and gutter are not being provided, to allow streets to be retrofitted with curb and gutter in the future if the property is ever annexed and the streets are brought up to City urban design standards. He said the applicant contends that the additional right-of-way will result in the homes being closer to and infringing on the slopes along the two streets named Morel Circle and West Ridge Court. Kugler said the applicant contends that roadside ditches with Planning and Zoning Commission March 19, 1998 Page 4 swales leading into the natural areas or the future storm water management easements provide a better long-term solution in terms of drainage, rather than going to curb and gutter and concentrating the runoff, resulting in increased erosion. Kugler stated that Public Works has reviewed the applicant's request and feels, given the short length of the roadways, the topography of the surrounding area, and the unlikelihood of annexation of this area in the foreseeable future, that this is a reasonable request and recommends granting the waiver down to 50 feet. Kugler said the proposed plat contains two stub streets leading to the west that could be extended in the future. He said there is also an outlot that could provide future access to the property to the south when it develops. Kugler said the street will not be constructed at this time, but there is a note on the plat and the legal papers should spell out that there needs to be a second connection from Prairie du Chien Road on the property to the south before the roadway is installed, so as not to increase the single-access situation. Kugler said staff recommends approval of this plat, subject to the approval of legal papers prior to City Council consideration of the plat and that the requirement for a 60-foot wide right-of-way be modified to require only 50 feet for Morel Circle and West Ridge Court. Ehrhardt asked if the Commission should be looking at the requirements for rural design standards and possibly easing up on them in this type of situation. Kugler said the Commission should be willing to consider the ditches with swales approach, especially when there are topography constraints. Ehrhardt asked if the Commission should be encouraging this, as opposed to curbs and gutters. Kugler said that would be a policy decision that would have to be made with the involvement of the Public Works Department. Public discussion: There was none. Public discussion closed. MOTION: Gibson moved to approve SUB98-0005, a final plat of Westcott Heights, an 84.12 acre, 31-1ot residential subdivision located in Johnson County on the west side of Prairie du Chien Road, 1/4 mile north of Newport Road subject to the approval of legal papers prior to City Council consideration of the plat and that the requirement for a 60-foot wide right-of-way be modified to require 50 feet for Morel Circle and West Ridge Court. Shive seconded the motion. The motion carried on a vote of 6-0. CODE AMENDMENT ITEM: Public discussion of amendments to the Title 14, Chapter 6, "Zoning," Article E, "Commercial and Business Zones," Section 2, "Neighborhood Commercial Zone" (CN-1) regarding size restrictions on restaurants. Kugler said the Commission recommended approval of proposed amendments to the CN-1 zone at its last meeting, recommending changing the threshold for whether a restaurant in the CN-1 zone requires a special exception from a floor area threshold of 2,500 square feet Planning and Zoning Commission March 19, 1998 Page 5 to an occupancy load threshold of 100 persons. He said the City Council then held a public hearing regarding this item at its March 10, 1998 meeting. Kugler said as a result of discussions at that hearing, the City Council has requested that the Commission consider establishing the occupancy threshold at 130 persons rather than 100 persons. He referred to a letter from Kirsten Frey, representing Plum Grove Acres, urging a threshold of 130 persons. Kugler said if the change were made, there would clearly be an increase in the size and scale of restaurant permitted in the CN-1 zone above the 2,500 square feet currently permitted. He said that Frey's most recent letter, stating that she feels staff's calculations expecting that a typical restaurant of 3,900 square feet could be constructed if the occupancy threshold is increased, is not a relevant argument to make. Kugler said staff was trying to find a way to compare the proposed 130-person occupancy with the current 2,500 square foot threshold. He said the same statistics as used for the February 19 memo show that, in general, a typical restaurant will have about 30 square feet of overall floor area per occupant, resulting in the 3,900 square feet figure. Kugler said Frey's March 3fd letter misinterprets staff's original report regarding the restaurants that staff felt might be appropriate for the CN-1 zone. He said Frey's letter mischaracterizes staff's statements about the restaurants listed in the table contained in the staff memo, saying staff sees them as perfect examples of restaurants for that zone. Kugler said the memo actually states that most of them seem appropriate, but that a couple would be pushing the limit. Kugler provided information requested by the Commission at its March 16 informal meeting. Kugler said that the Blimpie's restaurant at 115 South Dubuque Street has an actual seat count of 98 seats and the Cottage restaurant has an actual seat count of 90 seats. As listed in the February 19 memo. He said the building inspector reviewed the site plans and came up with actual occupancy loads for those restaurants. Kugler said Blimpie's has a total occupancy of 115, which includes six occupants for the outside seating area, which was not included in the reported seat count. He said the Cottage at 114 South Linn Street has an occupancy load of 127, which includes 11 occupants for the outdoor seating area which was not included in the reported seat count. Kugler said the figure also includes 34 occupants for a waiting area, so the figure is somewhat distorted to the high end. Public discussion: There was none. Public discussion closed. MOTION: Chait moved to retain the size restriction in the amendments to the Title 14, Chapter 6, "Zoning," Article E, "Commercial and Business Zones," Section 2, "Neighborhood Commercial Zone" regarding size restrictions on restaurants as voted on at the March 5, 1998 meeting. Gibson seconded the motion. Chait said he felt the motion passed at the previous meeting would allow for greater flexibility in terms of how large restaurants can be in the CN-1 zone. He said he thought it would allow for unlimited size in terms of square footage based on an occupant load as Planning and Zoning Commission March 19, 1998 Page 6 defined at 100. Chair said it would allow for a larger facility than 2,500 square feet, and he was comfortable with that. He said that to change the 100 figure to anything greater makes an even bigger restaurant possible, and he would not support that. Gibson said the logic Frey uses to propose a 130 threshold suggests that what has been allowed as the maximum under the special exception process become the norm, which does not make any logical sense to him. He said it would open the door to just about anything. Gibson said there has been a long history of dissatisfaction with the decisions the City has made with regard to a restaurant in this particular zone, and it is time to end this. He said that if an applicant wants a restaurant with an occupancy load of 130 or more, he should go somewhere where it is permitted in the zoning, rather than put it in the middle of a residential neighborhood. Chait said he understood that an applicant could still attempt to have a larger restaurant in the CN-1 zone via the special exception process, but not by right. Kugler confirmed this. Ehrhardt said it is important to remember the intent of this zone - that it is a neighborhood commercial zone, and to make it work, there must be some restrictions there. Bovbjerg said the consideration of how land is used is important and the motion from the previous meeting gives flexibility and certainly the ability to ask for even more flexibility. She said she felt that 100 was a good number relative to the neighborhoods and the history. Gibson said the original staff recommendation suggested 85, 90 or 100 as occupancy loads. He said he made a statement that sounded flippant in the minutes but was not intended to be, in recommending the use of 100 because it is a round number. Gibson said his intent was to convey that the Commission could spend a lot of time arguing over something that is, to a certain extent, arbitrary. He said he saw no point in any arguing so wanted to pick a number to go with. Gibson said he selected the largest number recommended by staff and said he still believes it is a reasonable number for the circumstances. Bovbjerg commended staff for the work done on this item. The motion carried on a vote of 6-0. CONSIDI=RATION OF THE MARCH 5. 1998 PLANNING AND TONING COMMISSION MEETING MINUTES, The minutes were approved, as amended at the informal meeting, by consensus. ELECTION OF OFFICERS: MOTION: Chait moved to nominate Supple for Chair, Bovbjerg for Vice-Chair, and Ehrhardt for Secretary. Gibson seconded the motion. The motion carried on a vote of 6-0. Supple presided over the rest of the meeting as the new chair. Planning and Zoning Commission March 19, 1998 Page 7 OTHFR RUSINFSS: Miklo said that interested parties were notified of the Northeast District Planning workshops on March 23 and March 26 at Lemme School at 7:00 p.m. He said over 1,500 postcards were sent out to Northeast District residents, signs were posted, Planning and Zoning Commission members and Parks and Recreation Commission members were invited, as well as those on other boards and commissions and those interested in the First Avenue expansion. Miklo said that approximately 100 people have signed up for the workshop, and there may be a second workshop session held in early April if there is enough interest. Miklo said the Monday meeting will be an introduction to the process and the Comprehensive Plan and will hopefully result in a land use plan, a plan for arterials and streets, and a plan for parks and open space. He said the Thursday meeting will include a discussion of residential development, neighborhood commercial development, and office park development. PLANNING AND TONING COMMISSION INFORMATION: Bovbjerg asl~ed if Commission members would be interested in watching the video "Back from the Brink" before one of the future meetings and then holding a discussion. Miklo said staff would have the video available at the next two meetings in the event the Commission had time to view it. ADJOURNMENT: The meeting was adjourned at 8:22 p.m. Pain Ehrhardt, Secretary Minutes submitted by Anne Schulte I~l~dadmin\mins~l~& Z3-19.doc MINUTES PLANNING AND ZONING COMMISSION APRIL 2, 1998 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS PRELIMINARY Subject to .A..pprovai MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chair, Pam Ehrhardt, Dick Gibson, Phil Shive, Lea Supple MEMBERS ABSENT: None STAFF PRESENT: Melody Rockwell, John Yapp, Sarah Holecek, Scott Kugler, Anne Schulte RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, of REZ97-0011, an application to rezone 4.46 acres from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlay-8 (OSA-8) to permit 32 dwelling units for property located at 500 Foster Road, subject to: 1) the applicant submitting a grading plan and 'construction plans for review and approval by the Public Works Department prior to Council consideration of the preliminary Sensitive Areas Development Plan, 2) the applicant providing utility easements for water, ~anitary sewer and stormwater sewer and paying the water main extension fee, sidewalk fee (if a sidewalk along Foster Road is required), escrow for right-of-way trees, escrows for other required public improvements, and the fee in lieu of neighborhood open space land dedication prior to administrative approval of the final Sensitive Areas Development Plan, 3) the building footprints and exterior materials for the five duplexes, one single-family residence and the 20-unit multi-family residential building being constructed in substantial compliance with the site plan date-stamped April 2, 1998, the elevations date-stamped March 26, 1998 and the floor plans date-stamped February 26, 1998, 4) the applicant providing a tree protection plan for review and approval prior to administrative approval of the final Sensitive Areas Development Plan, and 5) the closure of the private driveway to Foster Road for the Louis household at the end of Norwood C. and Betty Louis' tenure in the existing single-family residence, or the time of the ~oster Road widening project, whichever event occurs first. Recommended, by a vote of 6-0, that the City Council forward a letter to the Johnson County Board of Supervisors recommending that CZ9803, a request to rezone 10 acres of property from A-l, Agricultural to RS-10, Suburban Residential, for property located at the intersection of Lower West Branch Road and Wapsi Avenue, be approved. Recommended, by a vote of 6-0, that the City Council forward a letter to the Johnson County Board of Supervisors recommending that CZ9813, a request to rezone 3.94 acres of land from A- 1, Rural to RS-3, Suburban Residential, for property located on Utah Avenue approximately one- half milenorth of Herbert Hoover Highway be approved. Recommended approval, by a vote of 5-1 with Ehrhardt voting no, that City Code section 14-6% 5D regarding the use of lots of record combined with adjacent properties due to single ownership be amended to allow construction of single-family homes on lots of record that do not meet the lot width requirements of the Zoning Chapter, provided that they are at least 40 feet in width, as detailed in staff's memorandum dated March 27, 1998. CALL TO ORDER: Chairperson Supple called the meeting to order at 7:40 p.m. Planning & Zoning Commission April 2, 1998 Page 2 PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: The~was none. ANNOUNCEMENT Of VACANCIES ON CITY BOARDS AND COMMISSIONS: Supple directed interested citizens to check the vacancies posted on the bulletin board in the Civic Center lobby. She added that there will are two vacancies on the Planning and Zoning Commission to be filled in May. ZONING ITEMS: REZ97-0011. Public discussion of an application submitted by H & O LC, on behalf of property owner Norwood C. Louis, to rezone 4.46 acres from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlayo8 (OSA-8) to permit 32 dwelling units located at 500 Foster Road. Supple said it was brought to the Commission's attention that some interested parties were unhappy with the fact that the public was not allowed to speak at the meeting regarding reconsideration of this issue. Bovbjerg stated she understood from Robert's Rules of Order that while the Commission could discuss whether to reconsider the motion, the Commission could not discuss the merits of the project and that any discussion regarding the reconsideration would just be among Commission members. She said she was sorry if there was a misunderstanding regarding public input into reconsideration. Rockwell said the Commission voted to reconsider this plan at its March 19, 1998 meeting. She said the developer has now submitted two alternate proposals. Rockwell said for the first proposal, the developer submitted a ret/ised site plan and elevations for a 32-foot high, three-stow, 18-unit, multi-family building. She said the building has been reduced from what was originally proposed, in length from 132 feet to 102 feet, in width from 88 feet to 80 feet, and in height from 36 feet to 32 feet. Rockwell said the overall density for the site would be 32 dwelling units instead of 35. Rockwell said the developer also proposed an alternative plan for a 20-unit, three-stoW building with two-story wings. She said it had a similar footprint to the building in the proposal voted down by the Commission before, but was different in that it would be four feet narrower in width. She added that the height of the three-story portion of the building would be 33 feet and the overall density on the site would be 32 dwelling units - an RS-8 density. Rockwell said in both proposals, a new single-family residence has been added to the mix of housing on the site, and planted berms are proposed for the west side of the property. Rockwell said the requested cutaway views of the elevations have been posted for the Commission and the public to consider. She said one cutaway compares the existing townhouses to the west with the proposed buildings on the Louis condominium site. Rockwell said an additional provision suggested by staff is the closure of the private driveway to Foster Road for the Louis household at the end of Norwood C. and Betty Louis' tenure in the existing single-family residence or at the time of the Foster Road widening project, whichever event occurs first. Bovbjerg asked what the timetable is for the widening of Foster Road. Rockwell said the Foster Road project is currently being designed and will be bid for construction, which is anticipated to begin in the summer of 1999. Supple asked if the golf cart storage building is still on the site, and Planning & Zoning Commission April 2, 1998 Page 3 Rockwell said yes. Supple asked if all deficiencies and discrepancies had been cleared up. Rockwell replied that technical deficiencies had been taken care of. Supple asked if the building height would meet the City ordinances. Rockwell said yes the building height maximum in this zone is 35 feet and both of the proposals for the multi-family building are under that height maximum, Ehrhardt said the height on the east side is over 40 feet. Rockwell responded that the building height is figured by what the height is for at least 50% of the building, and in this case, more than 50% of the building is under the height maximum. Larry Schnittjer, 1917 S. Gilbert, discussed the cross sections displayed for the Commission. He said two of the cross-sections illustrate that there would be approximately 250 feet between the existing north townhouse on the property to the west and the large multi-family building. He said it also illustrates the wide open grassy area that is there now. Schnittjer said the second story of the existing townhouses would be almost level with the third story eaves line of the proposed three- story building. Ehrhardt said other staff reports have contained an approximation of open space. She asked Schnittjer how much open space would be lost by either putting in the additional house or with Plan B, whether the length is greater. Schnittjer answered that the original calculation for open space was not measured to the rear of the duplexes. He said the amount of open space would be basically the same. The property where the existing house is located was not counted as open space. Gibson said there may be a difference in definition, Ehrhardt said she was asking about common open space. Schnittjer said his calculation considered area that was not in the immediate back yard of the duplexes or what Bud Louis will maintain as his yard until he moves out of the existing house. He added that when Louis moves out of the house, the yard will be available for the use of the residents there. He said it is not public open space, but is private for the use of those who live on the property. Ehrhardt said Schnittjer had, at one time, discussed a visual barrier between people's back yard~' and the common open space. She said the common open space is still the same size. Schnittjer replied that the common open space has been taken up a lot by the amenities that have been added to it, including landscaping, berms, and formal garden areas. Public discussion: Pete Wilson, 562 Foster Road, asked about the area south of the existing single-family home. He asked Schnittjer if it would be held in common and if there could be any future development there. Schnittjer said the entire area is to be held in common and maintained by the homeowners association. He said the area to the south of the existing single-family home is for the Louis' use until they move. Schnittjer said any changes to the plan or additional structures added to the site would have to come back before the Planning and Zoning Commission for approval. He said there are no plans to add anything to that space. Wilson said if there are distinctions to be made for the use of that property, he would like to see it as common area and have it not be developable. Wilson added that any additions on that property would certainly increase the density. Wilson added that his concerns regarding the driveway have been addressed. He said having one access to the property makes a lot of sense for safety's sake. Wilson said he would like to see the large shed north of Louis's home moved out or placed east of Foman's townhouses. He said he would also like to see a little more common area. Wilson said he did not think it was reasonable to count the land to the north as open space. He said the amount of usable open space has become smaller and smaller. Wilson said he was not against this development 100% and did not have the Planning & Zoning Commission April 2, 1998 Page 4 kind of power to stop it. He said he appreciated Bovbjerg's comments that the more time taken in planning this project, the better it will be and said he wanted to see the best possible project. Gibson asked Schnittjer how the common open space for this project is defined as it relates specifically to the existing home. Schnittjer responded that he understood that the entire tract would be maintained by the homeowners' association. Gibson asked if the residents would share common ownership of the entire undeveloped parcel. Schnittjer did not know. Gibson said it raised a legal question in that if it is all, in fact, common area, then the possibility of coming back to ask for additional development would be very difficult to accomplish. He asked Wilson if he would be more comfortable with the situation in that case. Wilson said he thought it was only fair, but did not think it was entirely clear. Holecek stated that there are two forms of ownership of common elements in a condominium regime. She said there can be an undivided X interest, meaning that each person would have undivided interest in the common elements, such as open space and private drives, as declared in the condominium regime papers. Holecek said the other form of ownership of common elements is to have them deeded to the homeowners association, which is controlled by a board under articles of incorporation, which can be changed. She added that the City prefers to see this ownership under a Board regime, because if easements need to be acquired, each individual property owner does not need to be contacted. Gibson asked if under either arrangement, each property owner in the development would own an undefined and undividable piece of the common area. Holecek said no one way is for each property owner to have an undivided interest in the totality and the other way is where the common elements are deeded to a homeowners' association that has control over it, and the owners then have a vote. Gibson asked if it would be equally difficult to split off an additional piece of the common area for further development in the either arrangement. Holecek responded that she thought it would be very §imilar under either scenario and that any further development of the parcel would need an amended OPDH plan. Ehrhardt asked if the multi-family building were owned by one person and rented out, would the owner have 20 votes for 20 units. Holecek said depending on the covenants, the owner would typically have 20 votes for owning 20 units. Chair said he did not see the relevance of the discussion. He said the concem is future development. Chair said the entire parcel of 4.46 acres is being approved and any changes would have to come back before the Commission. He said there is no way to know if the developers would come back for changes the day after the vote or never come back for additional development. Gibson asked if the ownership authority were fragmented, if it would be more difficult to come back and propose further development. Chair said the members of the association would have to agree, but he felt it would be almost irrelevant, because the item would still have to come back before the Commission. Wilson said that future development could still meet density and height requirements without reducing the common area much. He said the common area is not being treated much differently than for a private residence. Chait said it is the concern of the members of the association and not a concern to anyone external to the OPDH. Holecek asked Wilson how the condominium association of which he is a member takes care of its common areas. Wilson replied that it is a boilerplate plan designed by the developer. He said that the vote is unfair if the majodty of the units are owned by one party, conceivably the developer. Holecek responded that with regard to the development of any condominium association, the Planning & Zoning Commission April 2, 1998 Page 5 developer always has the power dudng the construction and sale of the units, because he owns the most units until he sells a majority of them. She added that the developer has an interest in marketability and in continuing to sell units. Wilson said this development was very marketable but if more density were added, it would not enhance anyone's property value. Holecek stated that to discuss any additional development at this point was purely speculative and would have to come back before the Commission. She said the Commission has to make its decision based on the medts of the case before it. Supple asked Wilson if he had a preference for one building plan over another. Wilson said he did not, although he felt there was room for some changes with either one. He said that Mike Hodge had asked the neighbors to choose a building plan and added that the neighbors had suggested a lower density to him. Wilson said there are a lot of things that could be done and said that the area in the front stands out as something unique from the rest of the development in use and could possibly be developed in the future. Dean Oakes, 2969 Prairie du Chien, said he was one of the developers of this property. He said he has no intention of ex~:eeding the number of units currently proposed, and the Commission could make that part of the approval process. He said the developers do not intend to retain ownership of any of the units. Oakes said the large building will be a condominium building, and everyone who buys a unit will have a vote. Gibson asked if one person could purchase the entire building and have all the votes there. Oakes said it could be done, but would not be economically feasible. He said he would be willing to put a guarantee into the legal papers that no one could buy the entire building, if the Commission so desired. Bovbjerg said the plan approved by the Commission would be for a designated number of dwelling units in a designated configuration. Holecek confirmed this, saying that the construction must be consistent with the plan approved by the Commission. Gibson said the developer could come back later and ask for a readjustment to the density and a redevelopment plan for the entire area. Holecek said that could always be done with any application. Wendelin Guentner, 570 Foster Road, thanked Mike Hodge for his willingness to solicit input from the neighbors. She said she liked the three-story building with two-story wings more; she said the height would be less overwhelming from where she lives. Guentner said she would prefer the smaller, 18-unit building, but in order to get units in up front, the developer has to push the multi- family building further toward the north. She said she had asked Hodge if that would add more of a field between the 18-unit building and the ravine, and Hodge responded that it would not because the building would have to be pushed closer to the ravine. Guentner said she appreciated the addition of the berms and trees. She said she is not convinced by all the changes to support the rezoning, because she has always linked the large building with density and all that it will mean for Foster Road. Guenther said if the Press-Citizen is correct regarding the vehicle trips per day, given that there will be more development to the west, it seems like a lot of people to put on that piece of property. Guentner said she suggested to Hodge that he make the entire building a two-story building, removing six units, but Hodge said that would be too much to remove. Guentner said she appreciated the adjustments made, but still requested that the Commission not rezone the property. Margaret MacDonald, 400 Foster Road, thanked the Commission and staff for using their patience and expertise in the evaluation of this project. She said that after weeks of deliberation, the questions of the neighbors remained the same, as did the judgments. MacDonald said the size of Planning & Zoning Commission April 2, 1998 Page 6 the massive building remains a very large objection. She said it is not and cannot ever be compatible with the existing structures and the environment. MacDonald said the developer has now requested that even more time be spent in consideration of yet another plan. She said she supported the Commission in its study and intensive work and recommended that the Commission reaffirm its vote of March 5. Public discussion closed. Ehrhardt asked if the longer multi-family building would be closer to the ravine. Schnittjer said it would not - that the rear of the structure in both scenarios would be in the same location. He said the longer building has less room available in the front for duplexes so that there would be one less duplex with that plan. Schnittjer said there would basically be the same space between units. Gibson asked regarding density and the impact on traffic, what the approximate number of housing units would be on the Peninsula when it was fully developed. Chait said there were 60 to 80 acres to be developed on the City-owned land as well as some private land to be developed. Gibson stated that one or two units would not make a noticeable difference in the traffic if there will be at least 350 more units developed to the west of this property. MOTION: Chait moved to recommend approval of REZ97-0011, an application to rezone 4.46 acres from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlay-8 (OSA-8) to permit 32 dwelling units for property located at 500 Foster Road, subject to: 1) the applicant submitting a grading plan and construction plans for review and approval by the Public Works Department prior to Council consideration of the preliminary Sensitive Areas Development Plan, 2) the applicant providing utility easements for water, sanitary sewer and stormwater sewer and paying the water main extension fee, sidewalk fee (if a sidewalk along Foster Road is required), escrow for right-of-way trees, escrows for other required'public improvements, and the fee in lieu of neighborhood open space land dedication prior to administrative approval of the final Sensitive Areas Development Plan, 3) the building footprints and exterior materials for the five duplexes, one single-family residence and the 20-unit multi-family residential building being constructed in substantial compliance with the site plan date-stamped April 2, 1998, the elevations date-stamped March 26, 1998 and the floor plans date-stamped February 26, 1998, 4) the applicant providing a tree protection plan for review and approval prior to administrative approval of the final Sensitive Areas Development Plan, and 5) the closure of the private driveway to Foster Road for the Louis household at the end of Norwood C. and Betty Louis' tenure in the existing single-family residence, or the time of the Foster Road widening project, whichever event occurs first. Gibson seconded the motion. Gibson suggested that any Commission member not in agreement with this motion should suggest an amendment to the motion for one of the alternative plans so that the Commission could vote for approval or denial of that amendment, while the main amendment would still remain viable. No amendments to the main motion were proposed. Bovbjerg said she voted against the previous plan because of the overall density, the huge building, and the impact of this on Foster Road. She said that her concerns about overall density, as well as about the huge building, have been very much relieved, in that both the density and the building can now be considered appropriate to this site. Bovbjerg said that Foster Road is still of concern to her, but given the timing for reconstruction of Foster Road, she believed that this development can work. She added if the Foster Road work should be postponed, she would vote to reconsider this project. Planning & Zoning Commission April 2, 1998 Page 7 Ehrhardt said she still had a problem with the three-story multi-family building next to the duplexes and single-family homes. She said Chait has stated that this is the future for the Peninsula and. is a step toward that, but she hoped the Commission had not agreed to mixing these massive three- story buildings next to duplexes and single-family homes. Ehrhardt said she preferred to have the building with the two-story wings. Ehrhardt said she is not comfortable with adding the additional house; she said it makes it very crowded there, and the openness will be lost. Ehrhardt said she didn't know if something different would be any better. She agreed that this will not be a perfect thing, but she was willing to go along with it. Gibson said he shared Ehrhardrs concems. He said, however, that the reality of the situation is that when this is constructed, the market will decide whether this is an acceptable housing environment or not. Gibson said this is a relatively small environment that may be a good test of whether these types of housing can exist side by side as a comfortable setting for people to live in. Ehrhardt said she liked the berms added to the property and thought it could appease the neighbors if the plantings contained some diversity and if big trees were planted so that it does not take years before the screening actually exists. Chait said he was in favor of this project, mostly as a result of his commitment to the diversity of housing. He said an important distinction, with regard to this project having different housing types, is that when someone buys property here, they will know what they will be getting, because it is all laid out up front. Chair said in terms of setting a context for what may be the future ideas for the City-owned Peninsula land, the City property will be an RS-5 density, but will have this kind of mixed housing types. He thanked everyone who had participated in the process. Gibson agreed that there was civil, logical discourse throughout the entire process, and he appreciated that. Shive felt this was a good compromise, and there had been good discussion with the neighbors and the developers. He said this was a good-looking building that had come a long way from what was previously proposed. Supple also thanked participants for their intelligent, thoughtful, and helpful discussion. She said she liked the mix of housing. She said she believes a mix of housing should also include a mix of price ranges, but she felt this would be a good start. Supple said she has never been opposed to high density in the area and feels this is an appropriate spot for higher density housing. She added that the only altemative to high density in a growing city is sprawl. Supple said she would vote in favor of this because the developer had made some creative changes to the multi-family building that, through the design, make it a palatable building. She said that even though the mass of the building is still great, it accommodates its environment much better. The motion carried on a vote of 6-0. Holecek said this item would come before the City Council on Tuesday, April 7, 1998. CZ9803. Public discussion of an application submitted by Mariel Sotzen to rezone 10 acres of land from A-l, Rural, to RS-10, Suburban Residential, for property located on Wapsi Avenue north of its intersection with Lower West Branch Road. Yapp said this property is within Fringe Area B of the Fringe Area Agreement between the City of Iowa City and Johnson County. He said the applicant intends to deed the ten-acre property to her son, who intends to construct a home on the site; therefore it needs to be rezoned to a residential zone. Yapp said the policy for Fringe Area B states that for land outside the City's growth area, Planning & Zoning Commission April 2, 1998 Page 8 agricultural uses are preferred; however consideration is given to applications for single-family residential development at a density of one dwelling unit per ten acres. He said this property will not require any new public infrastructure, there is a ddveway currently approved off Wapsi Avenue, and staff feels the rezoning request is not contrary to the intent of the Fdnge Area Agreement. Yapp said staff recommends that the City Council forward a letter to the Johnson County Board of Supervisors recommending approval of this application. Supple said the Commission is voting only on the rezoning and not on the subdivision. Yapp said that is correct. He said in a subdivision of three or more lots, the Commission and the City Council would review the plans and would have actual approval authority over the application. Yapp said because this is a one-lot farmstead split, the Fdnge Area Agreement specifies that it be approved only by the County. Yapp said this property could not be split again without approval from the City. Wes Sotzen, 109 Dorothy Lane, said his intention is to live in the home with his family and that this is a family farm. He said he would never split this piece of land up for any other dwellings. Public discussion: There was none. Public discussion closed. MOTION: Bovbjerg moved to recommend that the City Council forward a letter to the Johnson County Board of Supervisors recommending that CZ9803, a request to rezone 10 acres of property from A-l, Agricultural to RS-10, Suburban Residential, for property located at the intersection of Lower West Branch Road and Wapsi Avenue, be approved. Gibson seconded the motion. The motion carried on a vote of 6-0. CZ9813. Public discussion of an application submitted by Louis Ernst to rezone 3.94 acres of land from A-l, Rural, to RS-3, Suburban Residential, for property located on Utah Avenue north of Herbert Hoover Highway. Yapp said this property is within Fringe Area A outside the City's growth area. He said that Fdnge Area A states that proposals to rezone land to RS-3, or one unit per three acres, be considered on a case-by-case basis. Yapp said the applicant is requesting that 3.94 acres be rezoned, which would allow one dwelling unit on the site. Yapp said there are a number of outbuildings and a well already on the property. He stated that no new public infrastructure would be required, and staff feels this is an appropriate site for a residential dwelling and it is not contrary to the Fringe Area Agreement. Yapp said staff recommends that the City Council forward a letter to the Johnson County Board of Supervisors recommending approval of the request to fezone 3.94 acres from A-l, Agricultural, to RS-3, Suburban Residential. Larry Lynch, 746 Juniper Drive, said he is the attorney for Louis and Ila Ernst and their daughter, Cathy West. He said that West intends to build a house on this property for her family. Public discussion: There was none. Planning & Zoning Commission April 2, 1998 Page 9 Public discussion closed. MOTION: Bovbjerg moved to recommend that the City Council forward a letter to the Johnson County Board of Supervisors recommending that CZ9813, a request to rezone 3.94 acres of land from A-l, Rural to RS-3, Suburban Residential, for property located on Utah Avenue approximately one-half mile north of Herbert Hoover Highway be approved. Chait seconded the motion. The motion carried on a vote of 6-0. CODE AMENDMENT ITEM: Public discussion of proposed amendments to City Code section 14-6T-5D to amend the nonconforming lot regulations contained in the Zoning Chapter. Kugler said the City recently received an application for a special exception for a lot on Morningside Drive to split off a non-conforming lot of record from an adjacent parcel. He said that neither the size of the lot nor the width of the lot conforms with the RS-5 zone; however, this is a lot that was established before those regulations were put in place. Kugler said in most situations, a lot like this could be built upon as long as the setback regulations could be met. He said because this lot is owned by the adjacent property owner, it is affected by a provision in the Zoning Chapter that states that in this situation the lots are deemed to be a single parcel in terms of enforcing Zoning Chapter regulations; the parcel cannot be built upon or sold as a separate lot. Kugler said the intent of the provision is that over time these lots would be acquired by the adjacent property owner, cease to exist, and would become a part of a larger parcel. Kugler said there is a provision in the City Code that allows the lot to be reestablished as a non- conforming lot of record and become a buildable parcel through approval of a special exception by the Board of Adjustment. He said the special exception may be granted when the lot does not meet the lot area requirements, but all other requirements are met. Kugler said that in the Morningside Drive situation, both the lot area and the lot width requirements cannot be met. He said staff feels that, in general, with these lots, there will likely be situations where both provisions cannot be met. He said one of the reasons there may not be enough lot area is because the lot is not wide enough. Kugler said staff is suggesting an amendment to this section of the Code to provide for this special exception approval process in situations where the lot area and lot width are inadequate to meet the requirements of the zone, but staff is also suggesting that a minimum lot width of 40 feet be established. Kugler said the Board of Adjustment, in reviewing the special exception, has the power to look at the building plans and must be comfortable that the proposed dwelling will be compatible with the surrounding neighborhood in terms of design, size, and scale. He added that this would only allow a single-family residence on such a lot. Kugler said he did not know how many parcels this would affect City-wide, but he suspected there were not many, or this request would have cropped up many times, given the demand for land in the City. He said there may be two lots on Summit Street that, if owned by an adjacent landowner, could take advantage of this provision. Kugler said there may be a few others in the Longfellow neighborhood and may be some throughout the older neighborhoods. He said that since the special exception is limited to single-family homes and there is design control already written into the regulation, staff recommends approval of this amendment establishing the lot width at 40 feet. Planning & Zoning Commission April 2, 1998 Page 10 Ehrhardt asked why staff selected 40 feet as the minimum. Kugler responded that 40 feet is generally wide enough for a single-family home with the sideyards. He said there is a provision in the Zoning Ordinance that does not allow a building width to be less than 20 feet, so that a lot width of at least 30 feet would be needed to meet that provision and have exactly the required five- foot sideyards. Kugler said there are general suggestions in the Sensitive Areas Ordinance and the Comprehensive Plan discussing 40 feet as a possible altemative to the wider 60 and 80-foot lots that are typically being platted. He stated that the RS-5 zone currently requires 60 feet, and the RS-8 zone requires 45 feet. Kugler said those would be the only two zones affected, other than the RR-1 zone, where there are probably not many lots of record like this. Ehrhardt said Kugler had stated that this would be appropriate in the Momingside Drive neighborhood because the other lots are similar in size. Kugler said there are a number of lots in that area platted at that size and that the majority of lots on the block are that size. Ehrhardt said she was concerned about doing this City-wide and potentially allowing a 40-foot lot into an area with an average lot size of 50 feet or 60 feet. Kugler said the Board of Adjustment would have the power to review the lot size and could deny an application if the lot size would not be consistent with adjacent development. Ehrhardt asked if a 45-foot minimum would allow the construction on Morningside Ddve. Kugler replied that it would -the lot on Morningside Drive is 50 feet wide. Ehrhardt said she would be more comfortable with a 45 foot minimum. Bovbjerg asked what the process would be for determining the appropriate compatible development for the neighborhood. Kugler said the Board of Adjustment would decide, and the planning staff would prepare a recommendation based on building elevations and building plans submitted. He added that when the building permit is applied for, the special exception would be on file and those conditions would have to be met. He said if the plans are different than those shown at the time of special exception, the plans would have to be brought in line or another special exception request would have to be filed. Kugler said if there is a lot of record that is not under single ownership, there is no special exception required and no control over the design other than the setback and building height requirements of the Zoning Ordinance. Gibson a~sked if the Commission is being asked to consider enabling someone to sell or build on a previously platted lot that they have purchased adjacent to their own lot. Kugler confirmed this, saying that the amendment basically allows the owner to file an application with the Board of Adjustment to see if the sale or construction could be permitted. Gibson said the only difference here requiring a special exception is if the neighboring property owner owns the adjacent lot. Chair asked if a 40-foot lot were not owned by the adjacent landowner, if it could be built on. Kugler responded that it could, if it were a legal lot of record. Public discussion: Karen Artus, 1921 Morningside Drive, said she owns the property referred to in stafrs memorandum. She said most of lots in the surrounding neighborhood are identical in size to the two parcels she owns. Artus said she would like to separate the lots, while keeping the integrity of the neighborhood. She stated that she bought the two properties at two different times from two different people. Artus said before she purchased the second lot, she consulted with the City to make sure it was a buildable lot. She said she was given incorrect information at that time, although she was told she would have to apply for a special exception. Planning & Zoning Commission April 2, 1998 Page 11 Gibson asked what the width of Artus' lot is. She responded that it is 50 feet wide. She said the lot widths on her block range from 50 to 57 feet, with four of the five homes on her block on 50-foot wide parcels. Public discussion closed. MOTION: Chait moved to recommend that City Code section 14-6T-5D regarding the use of lots of record combined with adjacent properties due to single ownership be amended to allow construction of single-family homes on lots of record that do not meet the lot width requirements of the Zoning Chapter, provided that they are at least 40 feet in width, as detailed in staff's memorandum dated March 27, 1998. Gibson seconded the motion. Kugler corrected an earlier statement he had made, noting that based on aerial photographs, the lots he had discussed on Summit Street and in the Longfellow neighborhood were in areas zoned RS-8. He said none of the lots were less than 50 feet wide, except for one on Summit Street, which was 40 feet wide. He said the RS-8 zone has a 45-foot lot width requirement, and most of the vacant lots that he referred to earlier meet that minimum and could be split off. Gibson asked if the lot were in excess of the minimum standard with the amendment, if the lot owner could change the lot designation to take the lot size down to the minimum width. He asked if the lot owner could make the adjacent vacant lot smaller before selling it and keep the extra property with his own lot. Kugler responded that he could not, under this amendment. Holecek stated that a property owner cannot create a new non-conforming lot. Gibson said he thought the 40-foot width was a logical number, given that five-foot sideyards are required. He said he felt that a 30-foot house was buildable, and the intent of this is to allow lots to be developed. Gibson said wider lots are less likely to be developed. He stated that the intent here is to allow infill development,- and he supported that intent. Holecek said this is allowing property owners to use the vested rights they have in the property. Chait said there may be lots platted in the City with even smaller widths. He said the Commission might want to consider changing the minimum from 40 feet to 30 feet. Chait said this would be allowing infill in previously platted existing neighborhoods that would be compatible with what is already the~:e. He said that this is not allowing something that was not pre-existing when the property was laid out and is not allowing something that was not previously intended. Chait felt there was no downside to a minimum lot width of 30 feet if the lot is pre-existing that way, and this would allow development as it was originally planned. Ehrhardt said this was trying to transpose what was done in Walden Hills, but this is in areas where people have lived for a long time. She stated that homeowners may have bought their property with the knowledge that the neighbor could not build on an adjacent lot, and if the law is changed, their neighbor can then sell the property or build there. Chait said the parcels were pre- platted and that to assume they would never be built on would not be logical. Ehrhardt said that not all existing neighborhoods were built on a grid and not all lots there are the same size. Gibson said it is not logical that anyone can build on a property except for the property owner who happens to own the adjacent lot. Ehrhardt said this amendment would change the philosophy of the ordinance. She said the intent of the Code was to get rid of non-conforming lots. Kugler said that is generally the intent of this type of regulation; that over time the non-conformity would go away. Ehrhardt said the new intent Planning & Zoning Commission April 2, 1998 Page 12 is to encourage filling in empty lots. Supple said the amendment would make the provision less discriminatory, as it is discriminatory to let anyone build on the lot but the next-door neighbor. Bovbjerg said allowing something that was the intent of the odginal plat is acceptable. She asked if the owner of two adjacent lots could obscure the property lines to make one lot. Holecek responded that it could be done by a vacation of a plat. Bovbjerg asked if the lots could then be resplit. Kugler said that if the lots did not meet the current standards, they could not be later subdivided. Supple said that the house on Morningside Ddve described in staff's memo is listed with an associate in her real estate office, but she did not feel it was a conflict of interest and would be voting on the amendment. The motion carried on a vote of 5-1, with Ehrhardt voting no. CONSIDERATION OF THE MARCH 19, 1998 PLANNING AND ZONING COMMISSION MEETING MINUTES: MOTION: Bovbjerg moved to approve the minutes of the March 19, 1998 Planning and Zoning Commission meeting, as written. Shive seconded the motion. The motion carried on a vote of 6-0. OTHER BUSINESS: Holecek referred to the memorandum from Dennis Mitchell, Assistant City Attomey, regarding the vacation and disposition of property on Benton Street. She said there was a need for a minor change in the amount of property being conveyed to Linder Tire Service after further study, but the findings of fact in the application were exactly the same as before. Holecek said the necessary changes will be made through the City Council. PLANNING AND ZONING COMMISSION INFORMATION: Bovbjerg said the City Council discussed the John Moreland development on the west side of the City. Bovbjerg said the City Council expects to someday have four lanes of traffic on Mormon Trek Road. Moreland proposed to build the third lane for traffic tumin9 into Westside Drive, which would alleviate anticipated traffic problems. Bovbjerg said she thought Moreland would be paying for all or most of the third lane. Kugler said additional Northeast District Planning Workshops would be held on Monday and Tuesday, April 6 and 7. He discussed the workshops previously held. Ehrhardt asked Commission members if they had heard of the term "building envelope" and if it could be used in the Sensitive Areas Ordinance. Kugler said the City has generally been requiring fencing around sensitive areas during construction. He stated that stream corridors and other sensitive areas are already fenced so that construction equipment does not go into those areas inadvertently. Planning & Zoning Commission April 2, 1998 Page 13 ADJOURNMENT: The meeting was adjourned at 9:37 p.m. Pam Ehrhardt, Secretary Minutes submitted by Anne Schulte 131xlad mm~mins~o&z4..2 .doc MINUTES PLANNING AND ZONING COMMISSION APRIL 16, 1998 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS Subject to ppmv l MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson, Lea Supple MEMBERS ABSENT: Phil Shive STAFF PRESENT: Sarah Holecek, Scott Kugler, Kristi Bales (Planning Intern), Anne Schulte OTHERS PRESENT: Larry Schnittjer, Dean Shannon RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 5-0, of SUB98-0006, a final plat of Walnut Ridge, Part 6, a 20.44 acre, 12-1ot residential subdivision located at the north terminus of Kennedy Parkway, subject to City Council approval of the preliminary plat prior to its consideration of the final plat, and subject to staff approval of construction drawings and legal papers, providing for the payment of fees in lieu of park land dedication prior to City Council consideration of the final plat. Recommended approval, by a vote of 5-0, of SUB98-0007, a final plat of Walnut Ridge, Part 7, an 11.09 acre, 8-lot residential subdivision located north of Kennedy Parkway, subject to City Council approval of the preliminary plat and the final plat for Walnut Ridge, Part 6, prior to its consideration of this final plat, and subject to staff approval of construction drawings and legal papers, providing for the payment of fees in lieu of park land dedication, prior to City Council consideration of the final plat. Recommended approval, by a vote of 5-0, of REZ98-0003, a City-initiated application to rezone approximately 5.4 acres from Community Commercial (CC-2, 2.4 acres) and General Industrial (I- 1, 3.0 acres) to Public (P) for property owned by Kirkwood Community College at 1808, 1810, 1814, and 1816 Lower Muscatine Road. CALL TO ORDER: Chairperson Supple called the meeting to order at 7:36 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Supple directed interested parties to check the bulletin board for current vacancies on City boards and commissions. DEVELOPMENT ITEMS: SUB98-0006. Public discussion of an application submitted by Southgate Development on behalf of the John W. Kennedy Estate and Dorothy J. Kisner, c/o Michael Kennedy, for a final plat of Walnut Ridge, Part 6, a 20.44 acre, 12-1ot residential subdivision located at the north terminus of Kennedy Parkway. (45-day limitation period expires May 10, 1998) Planning and Zoning Commission Minutes April 16, 1998 Page 2 Kugler said all of the deficiencies associated with this plat had been addressed. He said staff is recommending approval of the plat, subject to City Council approval of the preliminary plat pdor to its consideration of the final plat, and subject to staff approval of construction drawings and legal papers, providing for the payment of fees in lieu of park land dedication prior to City Council consideration of the final plat. Supple asked why this involved an OPDH plan. Kugler responded the property, when originally rezoned, was zoned as a PDH-1. He said this allowed the developer to install narrower streets and receive some other waivers, and there may be some lots that are actually less than one acre. Kugler said it was a planned development to allow the developer some flexibility. He added the underlying zoning is RR-1. Kugler said Parts 1 through 5 were developed based on the same modifications that were approved as part of this rezoning. Public discussion: Larry Schnittjer, 1917 South Gilbert, stated the reason this property was an OPDH was that the developer used different design standards than the City normally uses. He stated the property contained boulevard streets as well as narrower streets. Schnittjer said the rest of the infrastructure, with the exception of the sidewalks, is up to City standards. He added that all of the lots are at least one acre in size. Public discussion closed. MOTION: Bovbjerg moved to recommend approval of SUB98-0006, a final plat of Walnut Ridge, Part 6, a 20.44 acre, 12-1ot residential subdivision located at the north terminus of Kennedy Parkway, subject to City Council approval of the preliminary plat prior to its consideration of the final plat, and subject to staff approval of construction drawings and legal papers, providing for the payment of fees in lieu of park land dedication prior to City Council consideration of the final plat. Chait seconded the motion. The motion carried on a vote of 5-0. SUB98-0007. Public discussion of an application submitted by Southgate Development on behalf of the John W. Kennedy Estate and Dorothy J. Kisner, c_Jo Michael Kennedy, for a final plat of Walnut Ridge, Part 7, an 11.09 acre, 8-1or residential subdivision located north of Kennedy Parkway. (45-day limitation period expires May 10, 1998) Kugler said all deficiencies related to this plat had been resolved. He said this plat should be subject to the approval of Part 6, because Part 7 is not contiguous with the earlier approved portions of Walnut Ridge. Kugler said staff recommends approval of this plat, subject to City Council approval of the preliminary plat and the final plat for Walnut Ridge, Par[ .6, prior to its consideration of this final plat, and subject to staff approval of construction drawings and legal papers, providing for the payment of fees in lieu of park land dedication, prior to City Council consideration of the final plat. Public discussion: There was none. Public discussion closed. Planning and Zoning Commission Minutes April 16, 1998 Page 3 MOTION: Chait moved to recommend approval of SUB98-0007, a final plat of Walnut Ridge, Part 7, an 11.09 acre, 8-lot residential subdivision located north of Kennedy Parkway, subject to City Council approval of the preliminary plat and the final plat for Walnut Ridge, Part 6, prior to its consideration of this final plat, and subject to staff approval of construction drawings and legal papers, providing for the payment of fees in lieu of park land dedication, prior to City Council consideration of the final plat. Bovbjerg seconded the motion. The motion carried on a vote of 5-0. REZONING ITEM: REZ98-0003. Public discussion of a City-initiated application to rezone approximately 5.4 acres from Community Commercial (CC-2, 2.4 acres) and General Industrial (I-1, 3.0 acres) to Public (P) for property owned by Kirkwood Community College at 1806, 1810, 1814, and 1816 Lower Muscatine Road. Bales (Planning Intern) said the City initiated this rezoning in an effort to update the zoning map. She said Section 14-61 of the zoning ordinance states that land used by a governmental entity shall be zoned P, Public. Bales stated these parcels are owned by Kirkwood Community College and used for academic buildings and parking lots. She said staff therefore recommends this rezoning be approved. Public discussion: Therewas none. Public discussion closed. MOTION: Ehrhardt moved to recommend approval of REZ98-0003, a City-initiated application to rezone approximately 5.4 acres from Community Commercial (CC-2, 2.4 acres) and General Industrial (I-1, 3.0 acres) to Public (P) for property owned by Kirkwood Community College at 1806, 1810, 1814, and 1816 Lower Muscatine Road. Gibson seconded the motion. The motion carried on a vote of 5-0. CONSIDERATION OF THE APRIL 2, 1998 PLANNING AND ZONING COMMISSION MEETING MINUTES: MOTION: Bovbjerg moved to approve the minutes of the April 2, 1998 Planning and Zoning Commission meeting, as amended at the informal meeting. Gibson seconded the motion. The motion carried on a vote of 5-0. OTHER BUSINESS: Kugler said the final Northeast District Citizen Planning workshop would be held on April 23 from 7:00 to 9:30 p.m. in the City High cafeteria. He said everyone was welcome to attend. Ehrhardt asked about the process from that point on. Kugler said staff would prepare a draft report based on information and comments from the meetings for distribution to City departments, boards and commissions, and other interested parties. He said staff would then prepare a final draft for the Planning and Zoning Commission and the City Council. Kugler added that at any of those stages, before Council, this Commission, or when the plan appears before other boards and commissions, the public is invited to attend the meetings and provide comments. Planning and Zoning Commission Minutes April 16, 1998 Page 4 PLANNING AND ZONING COMMISSION INFORMATION: Supple said there was a wonderful article about Ann Bovbjerg in the Cedar Rapids Gazette. ADJOURNMENT: The meeting was adjourned at 7:50 p.m. Pam Ehrhardt, Secretary Minutes submitted by Anne Schulte 13f3dadm~/m~n/13&z0416.doe IOWA CITY PLANNING & ZONING COMMISSION MEETING THURSDAY, APRIL 16, 1998- 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS SIGN IN SHEET 1.'~i7~ 2. 3. 4. 5. 6. Z 8. 9. 10. 11. 12. 13. 14. 15. 16. 1Z 18. 19. Name Address POLICE CITIZENS REVIEW BOARD MINUTES - March 31, 1998 Lobby Conference Room CALL TO ORDER Chair P. Hoffey called the meeting to order at 7:00 P.M. ATTENDANCE Board members present: L. Cohen, P. Farrant, M. Raymond, J. Watson and P. Hoffey. Staff present: Legal Counsel D. Russell, City Clerk M. Karr, and Administrative Assistant S. Bauer. CONSENT CAL~.NDAR Motion by P. Farrant and seconded by M. Raymond to adopt Consent Calendar as follows: minutes of 3/4/98 meeting; Letter from Council Member Kubby regarding mediation. Discussion followed. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL · Receive PCRB Public Report on Complaint #98-3. POLICIES & PROCEDURES The Board discussed review of Police Department policies and procedures, and agreed to the following: · to receive the policies as they are forwarded from the Police Department; officially accept on the Consent Calendar and reflect in the minutes; and then decide whatever action the Board wishes to take on a case-by-case basis. When the Board decides to review a policy, it will be a separate agenda item. · "Public Discussion" on the agenda allows one in attendance at a meeting the opportunity to comment on items not on the agenda; · need to establish goal(s) for a hearing; · need to establish procedures for board meetings and hearings, specifically setting of dates, regular/special meeting formats, speaker limitations, and notices; · three-meetings-concept for discussing policies: 1. board members' discussion on what they feel the critical issues are and how they want to present these issues to the public; 2. the hearing; PCRB - Minutes 3/31/98 Page 2 evaluate the information from the hearing together with the Board's views and decide on recommendations to City Council. · select policies and practices to review; · consider a hearing open to any policies that are of general concern to the public regarding police conduct and community standards; · PCRB review of policies is different from Police Department review of policies for accreditation; · frustration of two separate complaint forms; · possible inclusion of public perception issues in Annual Report; · consider summer schedules and neutral site availability for meetings and hearings. Moved by J. Watson and seconded by L. Cohen to receive the memo from the Police Chief regarding Table of Contents for Policies and Procedures and the memo from City Clerk Karr outlining review of policies/hearing process. Motion carried, 5/0, all members present. The Board agreed to discuss these matters further at the next meeting. PUBLIC DISCUSSION/ BOARD INFORMATION L. Cohen reported on a recent conversation with Council Member Norton. He said the Council is .aware of the time and energy commitment required of the Board members. He also said the Council is aware that several complaints to the PCRB have come from one individual. P. Farrant referenced an article in ICON, which will be distributed in the next agenda packet. M. Raymond stated that the U.S. Supreme Court has decided to review an Iowa statute regarding "search incident to citation." The Supreme Court WIll be reviewing whether the statute is unconstitutional. L. Cohen noted Council Member Kubby's letter, already accepted in the Consent Calendar, and stated appreciation for her input and requested a response. In response to Ms. Kubby's letter, Legal Counsel stated "The policy is intended to bar the use of the PCRB o Minutes 3/31/98 Page 3 statements and records of the adverse party by complainant, Parties are barred from using information presented against them. The idea is to foster free and open exchange in mediation without any penalty." Staff was directed to personally thank Ms. Kubby for her concerns and comments. EXECUTIVE SESSION MEETING SCHEDULE Motion by M. Raymond and seconded by J. Watson to adjourn into Executive Session based on Section 21.5(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. Motion carded, 5/0, all member present. Executive Session commences at 7:55 P.M. Regular meeting resumed at 9:10 P.M. Motion by L. Cohen and seconded by P. Hoffey to approve PCRB Public Report on Complaint #98-3, as amended, and forward to the City Council, Complainant, City Manager, and Police Chief. Motion carded, 5/0, all member present. Motion by L. Cohen and seconded by J. Watson to review PCKB Complaints #98-4, #98-5, #98-6, and #98-7 at level 8.8.7 B(1)a, and assign each to the report-draffing subcommittee. Motion carded, 5/0, all member present. Future meetings dates: April 7, 1998 - 7:00 P.M.-9:00 P.M. April 15, 1998 - 7:00 P.M.-9:00 P.M. April 21, 1998 - 7:00 P.M.-9:00 P.M. April 28, 1998 - 7:00 P.M.-9:00 P.M. PCRB - Minutes 3/31/98 Page 4 BOARD INFORMATION (CON'T.) ADJOURNMENT M. Raymond advised of an Iowa Civil Liberties contact regarding a possible PCRB complaint. Ms. Raymond will provide them with PCRB complaint forms. Motion for adjournment by L. Cohen and seconded by M. Raymond. Motion carried, $/0, all member present. Meeting adjourned at 9:20 P.M. POLICE CITIZENS REVIEW BOARD MINUTES - April 7, 1998 Lobby Conference Room CALL TO ORDER Chair P. Hoffey called the meeting to order at 7:00 P.M. ATTENDANCE Board members present: L. Cohen, P. Farrant, M. Raymond, J. Watson and P. Hoffey. Staff present: Legal Counsel D. Russell and Administrative Assistant S. Bauer. CONSENT CALENDAR Motion by J. Watson and seconded by L. Cohen to adopt Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL None POLICIES & PROCEDURES Board members discussed the need to continue staffing support at the level currently being provided through the City Clerk's Office. It was originally understood that the City Clerk would attend Board meetings only during the orientation and training of the person hired specifically to support the Board. The Board is appreciative of the guidance provided by the City Clerk, but now it seems desirable to establish an end-date for achieving this goal. The Board continued their discussion regarding their review of Police Department policies and procedures, including: · Tentative approval of the three-meetings concept for discussing policies. · Scheduling a regular monthly meeting. Agenda items for these regular meetings would include review and discussion of specific police policies, procedures and practices. Complaint- related agenda items will be addressed at special meetings. · Public hearings on an annual basis for the public to address their concerns and issues. · Continuing concern regarding two complaint forms. Chair P. Hoffey advised Board members he will be meeting with Admin. Ass't. S. Bauer on Friday mornings to become better acquainted with the issues before the Board and assist in preparation of Board documents. PUBLIC DISCUSSION None PCRB - Minutes 4/7/98 Page 2 EXECUTIVE SESSION MEETING SCHEDULE BOARD INFORMATION ADJOURNMENT Motion by M. Raymond and seconded by P. Farrant to adjourn into Executive Session based on Section 21.5(a) oft he 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. Motion carried, 5/0, all member present. Executive Session commences at 7:33 P.M. Regular meeting resumed at 8:12 P.M. Future meetings dates confirmed: April 15, 1998 - 7:00 P.M.-9:00 P.M. April 21, 1998 - 7:00 P.M.-9:00 P.M. April 28, 1998 - 7:00 P.M.-9:00 P.M. Motion by J. Watson and seconded by L. Cohen to designate the second Thursday of each month, f~om 7:00 P.M. to 9:00 P.M. as their regularly scheduled meeting; special meetings will be scheduled when needed. Motion earned, 5/0, all members present. · Legal Counsel addressed the development of Standing Operating Procedures for the Board, including SOP's for developing their annual report. · Staff was directed to include a drat~ of the general SOWs in the next agenda packet. · After discussion, it was agreed that each Board member would bring a list to the next meeting of possible changes in the Ordinance establishing the PCRB. · The role of Board members was discussed. There was general consensus each member "works" for the citizens of Iowa City. Motion for adjournment by M. Raymond and seconded by P. Farrant. Motion carried, 5/0, all member present. Meeting adjourned at 8:38 P.M. POLICE CITIZENS REVIEW BOARD MINUTES - April 15 1998 Lobby Conference Room CALL TO ORDER Chair P. Hoffey c4filed the meeting to order at 7:03 P.M. ATFENDANCE Board members present: L. Cohen, P. Farrant, M. Raymond, J. Watson and P. Hoffey. Staff present: City Clerk M.Karr, Legal Counsel D. Russell and Administrative Assistant S. Bauer. CONSENT CALENDAR Motion by M. Raymond and seconded by P. Farrant to adopt Consent Calendar. Motion earfled, 510, all members present. RECOMMENDATION TO COUNCIL · Receive PCRB Public Report ~98-4 · Receive PCRB Public Report//98-5 · Receive PCRB Public Report #98-7 POLICIES/ PROCEDURES After discussion of room availability for the Board's regular monthly meetings, motion was made by L. Cohen and seconded by M. Raymond to change the regular monthly meeting to the second Tuesday of each month, 7:00 p.m., in the Civic Center Lobby Conference Room Motion carried, 5/0, all members present. The Board continued their discussion of public hearings, to include: · Public hearings would serve two functions: 1. solicit public input about what issues are the most significant for policy review; 2. present a specific issue for public discussion and input · The desire for the creation of a master list of organizations and institutions that could be informed regularly whenever the Board has a public heating, to include: 1. list of civic/social organizations; 2. names of people who applied to be on the PCRB; 3. indexed list of everyone who appeared during the formation of the PCRB; 4. University campus organizations 5. personal invitations · Public hearings ('~Community Forums") were scheduled for 7:00 p.m., $une 29, 1998, and October 27, 1998, at the Library, Room A. 2 Board will continue to develop procedures for public hearings (explanation of ground rules, time limitations, sign-up sheets, pre-registration, notices, press release,. .... ) STANDARD OPERATING PROCEDURES Staff was directed to put together a possible mailing list for review by the Board. Staff was also directed to prepare a draft letter for this mailing. The PCRB Standard Operating Procedures Draft is a staff- compilation of suggestions that have already been made by the Board. It is the Board's decision how much is formalized. Legal Counsel was directed to prepare considerations for PCRB Standard Operating Procedures for public hearings for the next meeting. Further discussion on PCRB Standard Operating Procedures was deferred. PUBLIC DISCUSSION None EXECUTIVE SESSION Motion by M. Raymond and seconded by L. Cohen to adjourn into Executive Session based on Section 21.5(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 reoeipt 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. Motion carried, 5/0, all members present. Meeting adjourned at 8:00 P.M. Regular meeting resumed at 8:40 P.M. Motion by J. Watson and seconded by L. Cohen to approve PCRB Public Report on Complaints 898-4, #98-5, and #97-7, as amended. Motion carried, 5~0, all members present. MEETING SC!~DULE The Board determined that their regular monthly meeting shall be held on the second Tuesday of each month, at 7:00 p.m., in the Lobby Conference Room; special meetings will be scheduled as needed. Future meetings dates confirmed: 3 BOARD INFORMATION ADJOURNMENT Special Meeting - April 21, 1998 - 7:00 P.M.-9:00 P.M. Special Meeting - April 28, 1998 - 7:00 P.M.-9:00 P.M. Regular Meeting - May 12, 1998 - 7:00 P.M.-9:00 P.M. Regular Meeting - June 9, 1998 - 7:00 P.M.-9:00 P.M. Regular Meeting - July 14, 1998 - 7:00 P.M.-9:00 P.M. The Board has scheduled "Community Forums" on June 29, 1998 and October 27, 1998, at 7:00 P.M., at the Library, Room A. The Board requested regular reports from the PCRB Administrative Assistant regarding contacts made to the PCRB office. The Board requested that they be provided the "Use of Force" monthly reports from the Police Chief. Motion for adjournment by L. Cohen and seconded by P. Farrant. Motion carried, 5/0, all member present. Meeting adjourned at 9:02 P.M. PCRB PUBLIC REPORT TO THE CITY COUNCIL IRe:.' Investigation of Complaint PCRB98-4 ' This is the Report of the Police Citizens Review Board (the "Board") review of the investigation of Complaint PCRB 98-4 (the "Complaint"). BOARD'S RESPONSIBILITY If a complaint is filed against the Police Chief, Section 8-8-2 J requires that the City Manager investigate the claim and report to the Board and the City Council. Under the City Code of the City of Iowa City, Section 8-8-7 B, the Board's job is to review the City Manager'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 '~ecause of the ... City Manager's... professional expertise." Section 8-8-7 B(2). While the City Code directs the Board to make "findings of fact," it also requires that the Board recommend that the City Manager reverse or modify his findings only if they 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 8-8-7 B(2)a, b, and c. BOARD'S PROCEDURE On February 17, 1998, this Complaint was received at the Office of the City Clerk. As required by Section 8-8-5 of the City Code, the Complaint was referred to the City Manager for investigation. The City Manager completed his Report and submitted it to the Board on March 18, 1998. The Board voted to review the Complaint in compliance with Section 8-8-7 B(1 )a, which means that it chose to review the matter on the record before it, without additional investigation. The Board met on March 31, April 7, and April 15, 1998 to consider the Report. FINDINGS OF FACT This Complaint is one of seven filed in 1997 and 1998 by this complainant. The complainant states that he does not want the police to be at his house. In February 1998, the Police Department responded to a service call received at approximately 11:30 a.m. The call concerned fishing line across the sidewalk and loosely attached at a height of four to six inches above ground level to a chain link fence at the residence of the complainant. The officers knocked at the door of the complainant's residence and asked him and his wife to look at the line. The complainant tried unsuccessfully to remove the line. The officers asked permission to cut the line, removed it, and thanked the couple. The complainant told the officers that he had previously told the Chief that he did not want any police officers on his property without a search warrant. The officers told the complainant they were unaware of this and they left. The investigation by the City Manager consisted of a review of the police incident reports arid an interview with the Chief. The City Manager addresses the following allegation in his Keport: The Police Chief participated in some manner in harassment of the complainant. CONCLUSION Allegation: The Police Chief participated in some manner in harassment of the complainant. The two police officers came to the complainant's home as the resul~ of a service call involving the eomplainant's property. A police officer attempting to contact a person at home under such circumstances is not trespassing. There is no evidence or allegation that the Police Chief was directly involved in the matter the complainant described or had any contact with the complainant. There is no evidence of harassment. Accordingly, the allegation is NOT SUSTAINED. DATED: April 15, 1998 PCRB PUBLIC REPORT TO THE CITY COUNCIL This is the Report of the Police Citizens Review Board (the 'q~oard") review of the investigation of Complaint PCRB 98-5 (the "Complaint"). BOARD'S RESPONSIBILITY If a complaint is filed against the Police Chief, Section $-$-2 J requires that the City Mmmger investigate the claim and report to the Board and the City Council. Under the City Code of the City of Iowa City, Section 8-8-7 B, the Board's job is to review the City Manager's Report ("Report") oftils 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 '~c, ause of the... City Manager's... professional expertise." Section $-$-7 B(2). While the City Code directs the Board to make 'T~ndings of fact," it also requires that the Board recommend that the City Manager reverse or modi~ his findings only if they are "unsupported by substantial evidence," are '~nreasonable, arbitrary, or capricious," or are "contrary to a Police Department policy or practice or any Federal, State, or local law." Sections 8-8-7 B(2)a, b, and c. BOARD'S PROCEDURE On February 17, 1998, this Complaint was received at the Office of the City Clerk. As required by Section 8-$-5 of the City Code, the Complaint was referred to the City Manager for investigation. The City Manager completed his Report and submitted it to the Board on March 18, 1998. The Board voted to review the Complaint in compliance with Section 8-8-7 B(1)a, which means that it chose to review the matter on the record before it, without additional investigation. The Board met on March 31, April 7, and April 15, 1998 to consider the Report. 2 FINDINGS OF FACT This Complaint is one of eight filed in 1997 and 1998 by this complainam. The complainant states that he does not want the police to be at his house. In February 1998, at 8:30 p.m., police officers came to the home of the complainant to obtain additional information for the County Attorney's Office concerning a pending case. The complainant's wife informed the officers that she would provide information to the county attorney, not to them, and the officers let~. The investigation by the City Manager consisted of an interview with the Chief. The City Manager also reports that he offered to meet with the complainant but that the complainant failed to respond. The City Manager addresses the following allegation in his Report: The Police Chief participated in some manner in harassment of the complainant. CONCLUSION Allegation: The Police Chief participated in some manner in harassment of the complainant. The officers came to the complainant's home to obtain information for a case pending with the County Attorney's Office. A police officer attempting to contact a person at home under such circumstances is not trespassing. There is no evidence or allegation that the Police Chief was directly involved in the matter the complainant desert'bed or had any contact with the complainant. There is no evidence of harassment. Accordingly, the allegation is NOT SUSTAINED. DATED: April I$, 1998 PCRB PUBLIC REPORT TO THE cl'rY COUNCIL IRe: '" ~:lnvesfig'ation of'/.complaintPCRB98:-7 ' :~,' , This is the Report of the Police Citizens Review Board (the '~3oard") review of the investigation of Complaint PCRB 98-7 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code ofthe City of Iowa City, Section 8-8-7 B, the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint against an officer; and Section 8-8-2 $ requires that the City Manager investigate the claim asserted against the Police Chief and report to the Board and the City Council. Under the City Code of the City of Iowa City, Section 8-8-7 B, the Board's job is to review the Police Chief's and/or City Manager's Report (''Report") of the investigation of a complaint. Section 8-8-7 B(2) of 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 or City's Manager's respective professional expertise." While the City Code directs the Board to make "findings of fact," it also requires that the Board recommend that the Police Chief or City Manager reverse or modify his findings only if they 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 8-8-7 B(2)a, b, and c. BOARD'S PROCEDURE On March 17, 1998, this Complaim was received at the Office of the City Clerk. Because the Complaint concerned an officer and the Police Chief, copies of it were referred to both the Police Chief and the City Manager for investigation, as required by Section 8-8-5 of the City Code. The Chief completed his Report and submitted it to the Board on March 31, 1998. The City Manager completed his Report and submitted it to the Board on the same day. The Board voted to review the Complaint in accordance with Section 8-8-7 B(1 )a, which means that it chose to review the matter on the record before 2 it, without additional investigation. The Board met on March 31, April 7 and April 15, 1998 to consider both Reports. FINDINGS OF FACT This Complaint is one often filed in 1997 and 1998 by the complainant. The complainant states that he does not want the police to contact him by telephone. He also states that he previously conveyed this message in writing to the City Manager. In March 1998, a police officer called the complainant's home and left a message on the complainant's answering machine. The officer made this call in the course of investigating an earlier complaint filed with the PCRB by this complainant. The investigation by the Chief apparently consisted of a discussion with the officer who left the message. The Chief addressed the following allegations in his Report: 1. The police have harassed the complainant. 2. The complainant is being denied his right to live in peace. The investigation by the City Manager consisted of an interview with the officer who left the message. The City Manager addressed the following allegation in his Report: 1. The police, through the officer who left the message, harassed the complainant. CONCLUSION/The Chief's Reoort Allegation 1: The police harassed the complainant. The officer left a message on the complainant's answering machine in the course of investigating a previous complaint filed by this complainant. This contact was made in accordance with City Code 8-8-5 B(4), requiring that complainants be interviewed during the investigation of complaints. There is no evidence of harassment. Accordingly, the allegation is NOT SUSTAINED. Allegation 2: The police are denying the complainant his right to live in peace. There is no evidence to sustain this allegation. Accordingly, the allegation is NOT SUSTAINED. CONCLUSION/The City Mana~,er's Report Allegation 1: The police harassed the complainant. There is no evidence of police harassment in the contact that is the mbject of this allegation, either by the officer who left the message or by the Police Chief'. Accordingly, the allegation is NOT SUSTAINED. DATED: April 1~, 1998 POLICE CITIZENS REVIEW BOARD MINUTES - April 21 1998 Lobby Conference Room CALL TO ORDER Chair P. Hoffey called the meeting to order at 7:05 P.M. ATTENDANCE Board members present: L. Cohen, P. Farrant, M. Raymond, J. Watson and P. Hoffey. Staff present: City Clerk M. Karr, Legal Counsel D. Russell and Administrative Assistant S. Bauer. CONSENT CALENDAR Motion by P. Farrant and seconded by J. Watson to adopt Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL · Receive PCRB Public Report #98-6 COMMUNITY FORUM The Board continued their discussion regarding plans for a community forum, and agreed to: cablecast; · the forum shall be two hours in length, allowing the first hour and 30 minutes to scheduled speakers at 3-5 minutes intervals (advance sign up), and the last 30 minutes for those who sign up that night; · use green/red light; · letter/notices should encourage written comments from speakers; any comments received prior to June 22 will be provided to the Board prior to the forum. · accept correspondence from viewing audience; · the Chair shall prepare a draft letter which will include the general overview and limitations of the forum. Pre'~ information regarding a mailing list was discussed. The Board directed staffto request one copy of the various lists, at which time it will be made available in the PCRB office for review. Chair P. Hoffey advised that the mailing should be ready to go by June 1. EXECUTIVE SESSION Motion by M. Raymond and seconded by P. Farrant to defer Agenda Items 4 and 5 and to adjourn into Executive Session based on Section 21.5(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. Motion carded, 5/0, all members present. Meeting adjourned at 7:33 P.M. Regular meeting resumed at 8:40 P.M. Motion by L. Cohen and seconded by M. Raymond to amend the level of review of PCRB Complaint//98-6 to include level 8-8-7 B(1)c. Motion carried, 5/0, all members present. Motion by P. Farrant and seconded by J. Watson to approve PCRB Public Report on Complaint #98-6 and to forward it to the City Council. Motion carried, 5/0, all members present. STANDARD OPERATING PROCEDURES After discussion, motion by P. Farrant and seconded by L. Cohen to defer further discussion of standard operating procedures to the May 12, 1998 meeting. Motion carried, 5/0, all members present. 2 PUBLIC DISCUSSION None MEETING SCHEDULE The April 28, 1998 meeting was canceled. Future meeting dates: Regular Meeting - May 12, 1998 - 7:00 P.M.-9:00 P.M. Regular Meeting - June 9, 1998 - 7:00 P.M.-9:00 P.M. Regular Meeting - July 14, 1998 - 7:00 P.M.-9:00 P.M. BOARD INFORMATION None ADJOURNMENT Motion for adjournment by L. Cohen and seconded by P. Farrant. Motion carried, 5/0, all member present. Meeting adjourned at 9:00 P.M. PCRB PUBLIC REPORT TO THE CITY COUNCIL ~ '¢ 7~":.'~~ * ' '. ' '~ : .... ~. ' .~ ~"~'~.;~;~?:~(C.~ This is the Report of the Police Citizens Review Board (the '~oard") review of the investigation of Complaint PCRB 98-6 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8-8-7 B, 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 8-8-7 B(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 they 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 8-8-7 B(2)a, b, and c. BOARD'S PROCEDURE On February 24, 1998, this Complaint was received in the office of the City Clerk. As required by Section 8-8-5 of the City Code, the Complaim was referred to the Police Chief for investigation. The Chief completed his Report and submitted it to the Board on March 23, 1998. The Board voted to review the Complaint in accordance with Section 8-8-7 B(1)a, which means that it chose to review the matter on the record before it, without additional investigation, and in accordance with Section 8-8-7B(1)c, which means that it chose to interview the named officer The Board met on March 31, April 15 and April 21, 1998 to consider the Report. FINDINGS OF FACT This Complaim is one of nine filed in 1997 and 1998 by this complainant. 2 The Complaint arises out of what appears to be an ongoing dispute between the complainant and a male neighbor. The neighbor called the Iowa City Police Department and said that the complainant had followed him to his grandmother's house. Officer 830701 went to the scene and found that the complainant was driving past the grandmother's address, about twelve minutes ai~er the initial call by the neighbor. The officer pulled the complainant's car over. The complainant denied doing anything wrong and said that the neighbor had spit on his windshield. The officer asked the complainant if he and his neighbor were involved in a relationship, apparently because the behavior of the complainant and the neighbor resembled behavior he associated with broken relationships. Officer 770411 learned that the complainant had been stopped and came to the scene to serve three misdemeanor citations on the complainant. No charges were filed against either the complainant or the neighbor arising out of this incident, though officer 830701 advised the complainant and his neighbor to stay away from each other. The complainant contends that there was no probable cause to stop his car, that the police did not pursue his complaint against the neighbor for spitting on his car, that the first officer at the scene called him a homosexual, and that he was harassed by the police. The Chief's investigation included review of the case report and review of interviews concluded with the two officers on the scene. CONCLUSION Allegation 1: The complainant alleges that the stop of his vehicle was without probable cause. The stop was, however, based on the neighbor's claim that the complainant was following him. Accordingly, the conclusion in the Report that the stop of the complainant's car was based on probable cause is supported by substantial evidence and is not unreasonable, arbitrary or capricious. This allegation is NOT SUSTAINED. Allegation 2: The complainant alleges that the officers' refusal to act on his complaint against his neighbor violated his rights. Officer 830701 did address the matter, but chose to handle it without recommending prosecution. In light of these facts, the Board finds that the conclusion in the Report regarding Allegation 2, that the officer did address the complainant's allegations against his neighbor, is supported by substantial evidence and is not unreasonable, arbitrary or capricious. Accordingly, Allegation 2 of the Complaint is NOT SUSTAINED. Allegation 3: The complainant alleges that Officer 830701 called him a homosexual. The Chief's Report concluded that Officer 830701 did not call the complainant a homosexual and did not sustain the allegation. The officer did not call the complainant a homosexual. He did, however, inquire whether the complainant and his neighbor had been involved in a relationship. Had they been, certain other issues - whether there was a history of domestic violence or of an order of protection - might have become relevant. While the question might have been phrased more tactfully, the information sought was relevant and there was no evidence that it was asked with a discriminatory purpose. Accordingly, the Report's conclusion that Officer $30701 did not call the complainant a homosexual is supported by substantial evidence and is not unreasonable, arbitrary or capricious. Allegation 3 is NOT SUSTAINED. Allegation 4: The complainant alleges that in serving the misdemeanor citations on him, Officer 770411 harassed him. The Report's conclusion that Officer 77041 l's actions were part of his duties is supported by substantial evidence and is not unreasonable, arbitrary or capricious. Allegation 4 is NOT SUSTAINED. DATED: April 21, 1998 MINUTES RIVERFRONT AND NATURAL AREAS COMMISSION SPECIAL MEETING MONDAY, MARCH 9, 1998 CIVIC CENTER - LOBBY CONFERENCE ROOM MEMBERS PRESENT: Cortney Daniels, Richard Hoppin, Joe Kral, Lynn Rose, Larry Wilson, Tom Riley, David Thayer, Gretchen Grimm, Lori Goetsch MEMBERS ABSENT: Dan Mascal, Barbara Endel STAFF PRESENT: Brad Neumann OTHERS PRESENT: Nancy Seiberling CALLTO ORDER: Chairperson Daniels called the meeting to order at 5:35 p.m. DISCUSS ARBOR DAY AND OTHER SPECIAL EVENTS: Daniels opened the discussion on the Arbor Day project by stating that she wanted to divide the duties in order to complete the project. Neumann said that he discussed the program and with Terry Robinson, Iowa City's Parks and Forestry Superintendent. Neumann stated that Robinson would be happy to help in the event planning and program. Robinson would again like to use the RNAC program as part of the City's Tree City USA program. Daniels discussed last years successful Arbor Day Program. Wilson thought that last years program was about the right length. Daniels read some ideas from the National Arbor Day Society brochure. Wilson suggested that RNAC put up a display at the Iowa City Library, similar to RNAC's past river month display. Daniels asked the commission to choose a location for the program. Crandic Park, Terrel Mill Park, City Park, and Dubuque Street were discussed. The commission discussed using environmental stewardship as a theme rather than tree planting. Rose recommended contacting Iowa City's Trees Forever Committee about ideas, Mid-America Utility Company for tree funding. or Heritage Trees for promotion of one of their projects. The idea of focusing on the maintenance of trees was discussed. Nancy Seiberling suggested that Iowa City needs to focus on their forestry program and take care of the older heritage trees first rather than plant more trees. Seiberling suggested using the Manville Heights area as the program location since Heritage Trees would soon be conducting a tree survey and this would be a good way to promote the survey and solicit volunteers. Wilson suggested a program pertaining to the proper pruning of older trees as well as mulching techniques. Rose suggested that RNAC invite Mark Vitosh of the Iowa State University Forestry Extension Office to be the guest speaker. Seiberling suggested inviting Kate Klaus of Project Green. Daniels asked Neumann to follow up with phone calls to Mark Vitosh, Terry Robinson and Kate Klaus and invite them to the program. Daniels also asked Neumann to contact Terry Robinson about locations, pruning and mulching of older trees, and about the Tree City USA designation for the City. Daniels also asked that Neumann look into another Arbor Day Proclamation and to invite the mayor to the event to read the proclamation. Daniels stated that RNAC will discuss this again at the March 18 meeting. ADJOURNMENT: The meeting was adjourned at 6:35 p.m. ppdad min~'~tn\mac0309.cloc MINUTES RIVERFRONT AND NATURAL AREAS COMMISSION WEDNESDAY, MARCH 18, 1998 CIVIC CENTER-LOBBY CONFERENCE ROOM MEMBERS PRESENT: Cortney Daniels, Tom Riley, Lynn Rose, Lori Goetsch, Gretchen Grimm, Joe Kral, Rex Pruess, Richard Hoppin MEMBERS ABSENT: Dan Mascal, Larry Wilson, David Thayer STAFF PRESENT: Brad Neumann, Rick Fosse, Julie Tallman CALL TO ORDER: Chairperson Daniels called the meeting to order at 5:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA There was none. CONSIDERATION OF THE MINUTES OF THE FEBRUARY 18, 1998 MEETING: There were no changes. MOTION: Motion to approve minutes from the February 18, 1998 meeting as presented was carried on a vote of 8-0. ! DISCUSS FLOOD PLAIN MANAGEMENT ORDINANCE: Rick Fosse was present to give a slide show presentation on 'flood plain management and the National Flood Plain Insurance Program. Iowa City's flood plain management regulations are a product of the National Flood Insurance Program and are .based on a model ordinance used throughout the nation. In Iowa City, the program is regulated by Housing and Inspection Services, technical support is provided by the Engineering Division, and is monitored by the Iowa Department of Natural Resources. The goal of the National Flood Insurance Program is to reduce public expense of flood damages by identifying areas of risk, protecting a portion of the flood plain, providing insurance, and regulating the use of the flood~ plain. Fosse also discussed how Iowa City's flood plain management program performed in 1993. Prediction of flood elevations was excellent, but prediction of flood plain boundaries needs improvement. Damage to properties preceding the flood plain ordinance was as expected. Three lessons were learned from the '93 flood: 1) the horizontal boundaries of the flood plains need to be refined, 2) flood duration in Iowa City is longer than the norm because we are downstream from the reservoir, and 3) design standards needed improvements to prevent the long term inundation of major streets. Tallman discussed the FEMA Community Rating System (CRS) and how Iowa City could benefit from additional protection standards. Residents could receive lower flood insurance Riverfront and Natural Areas ~ommission March 18, 1998 Page :2 rates if the City enhanced public education about flood protection and developed other programs. While the CRS is not a high priority for the city, Tallman's office is developing public information to be distributed by the Board of Realtors to new home buyers and may also send the information out with water bills. So far, these public education activities could earn 500 CRS points for Iowa City, giving Iowa City a Level 9 status. At Level 8, residents would save 10% on their flood insurance, or about (;48 per year per household. Tallman will look into whether widening the buffer as was discussed at the last meeting would earn more CRS points for the City. Tallman asked the members of the commission to inform the City Council if they think flood insurance reductions should be a priority. Kral asked why dredging the river is never discussed as one way to improve the capacity of the river. Rose explained that the sediment is toxic as a result of pesticides use and dumping the sediment would be problematic, and there would also be logistical problems in dredging the river. UPDATE ON PENINSULA AND WATERWORKS PARK PLANNING: Neumann reported that proposals are coming back from design consultants for the waterworks park and peninsula and that a consultant will be chosen after all proposals have been received. SPECIAL EVENTS SUB-COMMITTEE REPORT: Daniels and Neumann reported that Terry Robinson agreed to help with the Arbor Day program at City Park to take place on Saturday, April 25. The program will feature a hands- on mulching and pruning demonstration by Robinson and 126 trees will be given away to those in attendance. Daniels suggested that information regarding long term maintenance and location should accompany the trees. Daniels stated that publicity for the Arbor Day event should begin at least two weeks in advance, that the school districts should be contacted about the event, a written program is necessary, and that some sort of award should be presented at the event. Neumann reported that Mayor Lehman has agreed to attend the event and may read the proclamation. Daniels also stated that the activities sub- committee will need to meet again next Wednesday, March 25, at the Library at 5:30 p.m. REPORT FROM JCCOG REGIONAL TRAILS AND BICYCLING COMMITTEE (RTBC): RTBC report was tabled. REPORT FROM PARKS AND RECREATION COMMISSION REPRESENTATIVE: Pruess commented on the upcoming council discussion pertaining to the Iowa River Corridor trail, specifically the Burlington Street to Napoleon Park segment. Daniels distributed a letter she wrote and delivered regarding this issue. The commission proofread and passed a resolution to accept the letter and present it to the City Council. Riverfront and Natural Areas Commission March 18, 1998 Page 3 OTHER BUSINESS: Neumann distributed a letter supporting Coralville's brownfield area assessment project. Motion to approve letter, including revisions discussed, was passed. Daniels reported that the Ralston Creek cleanup will take place after the April commission meeting, and that members of this commission should take part this year. Neumann distributed Municipal Directories. Daniels announced the Northeast Distrcit Neighborhood Workshops to be held at Lemme Elementary School, March 23 and 26 at 7:00 p.m. to 9:30 p.m. ADJOURNMENT: The meeting was adjourned at 7:00 p.m. g:/shared/jccog/rncamin.doc MINUTES PUBLIC ART ADVISORY COMMITTEE THURSDAY, FEBRUARY 26, 1998 - 4 P.M. LOBBY CONFERENCE ROOM - CITY CIVIC CENTER MEMBERS PRESENT: Rick Fosse, Deborah Galbraith, Kevin Hanick, Bill Nowysz, Nancy Purington, Terry Trueblood, Lesley Wright STAFF PRESENT: Karin Franklin, Joyce Carroll, Traci Howard CALL TO ORDER: Franklin called the meeting to order at 4:02 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. CONSIDERATION OF THE FEBRUARY 4, 1998, MEETING MINUTES: Wright said to change the word "development" to "develop" in the second sentence of the first paragraph on page 2. Galbraith said to correct the spelling of Hallie Cohn's name in the second sentence of the second full paragraph on page 3. Purington said on page 3 in the first full paragraph, the amount for the Snelson piece should be $60,000 and the amount for the Field piece should be $20,000. Purington said in the third full paragraph of page 5, the last words should be "policies and procedures" instead of "objectives". Trueblood said in the eighth sentence of the third full paragraph of page 5, he meant to say "...will incorporate an art component..." MOTION: Wright moved to approve the minutes as amended. Fosse seconded the motion. The motion carried by a vote of 7-0. (Bill Nowysz arrived at 4:07 p.m.) DISCUSSION OF THE MISSION STATEMENT: Galbraith said the first proposed statement is the simplest. She said they threw in the phrase, "as stewards of the citizens of Iowa City" because the Committee will be the vehicle for what they think is best for the City in terms of public art. She said statements two through four are more elaborate and contain information that Purington gathered from other cities. Purington said she would like the statement to be finely tuned and as clear as possible. She said she included lengthier descriptions for the mission statement, and that many communities are identifying themselves with their riverfronts. Hanick asked if the Committee should choose the first statement because it is the least restrictive and defining, and would allow more latitude in developing as the Committee does, or should they choose something that would tie them down to working with specific City aspects. Purington said that the specifics could be laid out in the objectives so the Committee can keep their options open. Hanick said that if the mission statement is too closed or restrictive, it might give leverage to any of the Committee's future opponents. Franklin noted that the Committee's work will be measured by the mission statement and objectives, and the objectives should flow from the mission statement. PUBLIC ART ADVISORY COMMITTEE FEBRUARY 26, 1998 PAGE 2 Trueblood said he thought a mission statement should be short, sweet and easily remembered. He said that he favored adopting a reduced version of either the first or second proposed statement. Wright distributed her proposed statement. Fosse said he liked the simplicity of the first statement, and he thought it would be good to add the management component. Trueblood suggested the management component be saved for an objective. Fosse said he thought the Committee should not be limited to visual art because art can also have tactile and olfactory components. Purington said she would like to keep the Committee's pervue to the visual arts. Franklin said working with visual art was the idea when the Committee was developed, and she did not know how public art could not have a visual component. Fosse said he thought there was a delineation between aesthetics and art because the City is already committed to aesthetics and are looking to take it one step further with this program. Purington suggested keeping "aesthetics" in the mission statement because it could cause debate in the community and provide the Committee an opportunity to educate on the topic. Nowysz said he did not think it was possible to legislate a level of aesthetics. Wright said the Committee could keep the second proposed statement and remove the word "aesthetic". Franklin said the Committee's charge includes privately- owned space that is publicly accessible and has City-owned art displayed. Galbraith said some projects may involve a private-owner's cooperation with sites. Wright noted that the first statement discusses the integration and placement of the art, while the second statement discusses the art's selection and placement. Hanick said he thought integration implied placement. Galbraith suggested keeping the second statement, and using the other proposed language, like "public art should excite, stimulate and delight citizens" for the pieces of public information the group will distribute, including brochures and application forms. Hanick said he thought the Committee was "steward citizens of Iowa City", not "stewards of the citizens of Iowa City" because they are representing and acting on behalf of the Iowa City citizens. Trueblood said he thought the whole introduction sentence was not important. MOTION: Wright moved that the Committee's mission statement should read, 'The Public Art Advisory Committee, as .stewards for the City of Iowa City, asserts that art is an important component of daily life. The mission of the Public Art Advisory Committee is to enhance the appearance of the City through the selection and integration of art in a public environment. Purington seconded the motion. The motion failed by a vote of 2-5, with Nowysz, Trueblood, Fosse, Ha~ick and Galbraith voting no. MOTION: Galbraith moved that the Committee's mission statement read, "The mission of the Public Art Advisory Committee, as stewards for the City of Iowa City, is to enhance the appearance of the City through the selection and integration of art in a public environment." Purington seconded the motion. Galbraith accepted a friendly amendment from Hanick to replace the phrase, "stewards for the City of Iowa City" with "stewards of the City of Iowa City". The motion was carried by a vote of 5-1, with Trueblood voting no. Galbraith suggested forming a subcommittee to develop Committee objectives. Purington suggested that each Committee member write two cognitive and two affectlye objectives PUBLIC ART ADVISORY COMMITTEE FEBRUARY 26, 1998 PAGE 3 and bring them to the next meeting. Galbraith said the objectives should be specific and measurable. Wright asked if the Committee needed objectives because they have a mission statement and powers and duties. Fosse suggested going ahead and seeing how the group works together, and if objectives are necessary later they can be created. Purington said she thought it would be good to have the objectives written out. Fosse suggested that every Commission member bring two or three individual, underlying objectives related to public art to the next meeting. Hanick asked about the latest downtown streetscape redevelopment proposal.. Franklin said the project was scaled back to $2.7 million from $3.5 million by City Council. She said staff is looking for ways to cut those funds, and have discussed limiting the project's geographic scope by removing Phase III or looking at different materials for the planters. She said the public art component of Phase I includes placement of sculpture pads, and Phase II includes the water feature. She said construction will not start until July 1998. She said Phase I also includes the Dubuque Street leg of the pedestrian mall, the playground replacement and the lighting and trees on Dubuque Street, Clinton Street, and on Washington Street between Dubuque Street and Clinton Street. DISCUSSION OF FY99 PROJECT: Fosse said the water plant side needs design amenities, so this is an opportunity to integrate art into the planning phase. He said the project cost would be the artist's salary, assuming what the artist proposes is already being added to the area. Galbraith asked how trafficked the area would be. Fosse said that the only roads would access well heads, but there will be many trails in the area, that will be a component in the Iowa River Corridor Trail. Franklin noted that there will be fewer people in that area than downtown. Galbraith said that the Committee could take on a major project and help get an artist involved in the water plant site. Franklin said that criteria the Committee could use in project selection could be timing, cost and amount of public exposure. She said that there is a place within the water plant building site for some public art, and that area faces Interstate-80. Trueblood said that he thought the Committee should focus on something highly visible for the FY99 project. Franklin said that staff has done some work on downtown wall murals, so that is also a possibility. She said that the Human Rights Commission and the University are interested in having one of the murals be something pertinent to human rights. Franklin made a list of possible projects for the Committee including the water plant site, downtown streetscape, water plant building, Scott Boulevard Park sidewalk and downtown murals. She said that Trueblood and Fosse would distribute prospective project lists, and the Committee can discuss it at their next meeting. ELECTION OF CHAIRPERSON: MOTION: Fosse nominated Wright for Chairperson. Trueblood seconded the motion, MOTION: Galbraith nominated Hanick for Chairperson. Purington seconded the motion. MOTION: Trueblood moved that the nominations close. Galbraith seconded the motion. The motion carried by a vote of 7-0. PUBLIC ART ADVISORY COMMITTEE FEBRUARY 26, 1998 PAGE 4 Each member voted by ballot. Hanick was selected Committee Chairperson and Wright was selected Committee Vice Chair. The next meeting time was set for April 2, 1998, at 3:30 p.m. Galbraith suggested having an agenda item for new business or commission information and discussion. Galbraith and Purington will be attending the Arts Council meeting in Des Moines on March 13-14. Galbraith said that the University dosent tour has been postponed. Purington said that the member's objectives/values should be submitted to Franklin by March 25. ADJOURNMENT: Fosse moved to adjourn the meeting. Trueblood seconded the motion. The motion was carried by a vote of 7-0, and the meeting was adjourned at 5:15 p.m. Minutes submitted by Traci Howard. ppddirgmins~oart 2-26.doc MINUTES PUBLIC ART ADVISORY COMMITTEE THURSDAY, APRIL 2, 1998 - 3:30 P.M. COUNCIL CHAMBERS - CITY CIVIC CENTER Subject to/ ppr0vai MEMBERS PRESENT: Rick Fosse, Deborah Galbraith, Kevin Hanick, Nancy Purington, Clara Swan, Terry Trueblood, Leslie Wright STAFF PRESENT: Karin Franklin, Joyce Carroll CALL TO ORDER: Chairperson Hanick called the meeting to order at 3:30 p.m. PUBLIC DISCUSSION: There was none. CONSIDERATION OF THE FEBRUARY 26. 1998. MEETING MINUTES: Wright said on page 3 under "Discussion of FY99 Project" the word "side" in the first sentence should be "site". She said on page 4 in the second full paragraph, the word "docent" is misspelled. MOTION: Wright moved to approve the February 26, '1998, meeting minutes as amended. Fosse seconded the motion. The motion carried by a vote of 6-0. DISCUSSION OF VALUE STATEMENTS: Members discussed their proposed objective statements and values. Hanick said he liked the "daily life" aspect of Wright's first objective. Purington said some of her objectives were taken from other cities' public art objectives and guidelines. Franklin said the Committee will probably use the objectives most frequently to defend a project, unless the group does community education. Wright said a clear mission statement and set of objectives shows that the group is serious about their cause. Purington added the Committee needs to develop parameters and specifics so artists understand the direction of the public art program and the committee does not get overwhelmed with proposals from artists. Franklin said she thought the objectives should be fairly broad and be narrowed as the Committee gets closer to a particular project and a call for artists. The Committee discussed the pedestrian bridge and it's surrounding issues. Fosse said that his values regarding public art are "value", "sustainability", and "enhancement vs. encumbrance". (Galbraith arrived at 3:50 p.m.) Purington noted that some contracts state that a piece of art will be displayed for no more than 15 years, and she thought the Committee needed to think about doing something like that. Members discussed other contractual and ethical issues regarding public art. Galbraith noted that the Committee will be working with City legal staff and negotiating with the artists during the process. Hanick said a value that he had was "safety". Galbraith said that one thing she heard at the Arts Conference she recently attended was the importance of public involvement throughout the entire public art process. Franklin said that she thought public involvement was important because the Committee would be working through this in a public process. Wright Public Art Advisory Committee April 2, 1998 Page 2 said she thought the Committee has a certain amount of expertise thatl needs to be respected. She said that public involvement needs to be dealt with carefully be(~,ause the Committee is asking for input, not for the public to make the final decision. Purington suggested having a selection committee for each project, an3ther level of the Public Art Advisory Committee, which would be comprised of a variety of community members to provide input. Hanick wrote down the key words of "public involvemere", "quality", "education", "collection", "excite and stimulate", and "enhance" to create objectives. Purington said "quality" could be based on reviewing the credentialsl and experience of the artists appropriate for the project. Trueblood said that quality and public 'nvolvement will have to be done in varying degrees for each project. Wright said she thought it was an important task of the Committee to educate people about why a project would be high quality. Galbraith said that arts education should be included as a part of every project they dO, and quality could be explained then. Purington said maintenance of the public art is part of the Committee by-laws. Wright said that "curating a collection of art for the City" means that the Committee is both aware of the pieces they already have and are looking ahead to other projects. Fosse sai¢ the Committee should consider the context of the public art, for example a piece that would fit iin well downtown might not fit in a park, and vice versa. Hanick said he was thinking of context~in a piece designed for the millennium or to mark an important event. Wright said an artist designed a sculpture after the Olympic Torch passed through Cedar Rapids and it was placed inl a park with no athletic significance. She said that it might have been better to place it near One of the city's athletic venues. Galbraith and Purington agreed to take the key words and create objectives for the Committee to review at the next meeting. COMMITTEE TIME/NEW BUSINESS: Franklin said the City Council's Rules Committee met and reviewed the proposed by-laws. She said they want to refer the by-laws back to the full City Council, and then have the full City Council refer the by-laws back to the Committee and have a joint meeting with the Committee to discuss the by-laws. She asked if Monday, April 27 around 7-7:30 p.m. was a possible time for that. She said as the by-laws are written, the Committee would be making the art selections, contracting with the artists and purchasing art work. She said the Committee does not have the fiduciary responsibility to purchase art; it would have to be purchased by the City Manager, his or her designee, or the Council. She said the Rules Committee would like to consider that everything be recommended to the Council and the Council has the final say on a piece of art, an artist, a site, etc. She said that the Mayor feels that the responsibility rests with the City Council in that they will have to answer to the public on this issue, and this Committee is ap~pointed and serves as advisory to the Council. She said she talked about censorship and the political process with the Rules Committee. The discussion during the work session would!be about where the Committee's authority lies. Hanick said he was concerned that the Committee would prepare a project, take it to the Council for review and the Council would start title-tuning it instead. He said that it would be fine if the Council would just give a "yes" or "no" answer and an explanation if they turned down a project because they are the ultimate responsible party. Public Art Advisory Committee April 2, 1998 Page 3 Franklin said the public funding part of the by-laws can be solved by the Committee recommending to the City Manager, and then the City Manager or his or her designee could sign off on a check to pay the artist. She said the Rules Committee thinks the Council should have the final say with the piece of art and the artist. Franklin said the way the Committee frames how they make their decisions, like using public involvement throughout all the processes, should minimize the danger of presenting a project to the Council and having it say "no." Purington said that the Committee needs to educate the Council regarding the public art process. Hanick suggested having a Councilperson involved on the selection committee for each project. Wright said that the Committee could go to Council work sessions to let them know the projects they have selected, their goals and where the Committee is headed. Franklin indicated that was a good idea. She said the full Council could pass the by-laws even though the Rules Committee wants to refer them back to the Public Art Advisory Committee, and there would not even need to be a work session, but she did not think that would happen. She said she would give Committee members further notice after the full Council makes a decision. DISCUSSION OF FY99 PROJECT: Wright said she divided the capital projects into five different categories--parks, downtown, streetscape, public works and pedestrian projects. She said the Committee could chose an area they wanted to emphasize, and then select a specific project. MOTION: Wright moved that the Committee's first public art project be a downtown project. Swan seconded the motion. The motion carried by a vote of 7-0. Galbraith said she thought the murals should be part of the larger downtown project. She said she thought the Committee needed to define what they wanted to do, and then see if the murals would be appropriate. Purington noted that the mural proposals are on walls that are not City Property, and she did not think that those would be investments that she could defend as the Committee's first project. Hanick said that all members needed to have a copy of the Downtown Streetscape and Iowa Avenue Streetscape plans. Franklin said the water feature is part of the second phase of the Streetscape plan. She said construction is planned for next year, but it might be a good project for the Committee to get involved in because the design work will start in June or July of 1998. Galbraith said she originally thought it would be good to have an outdoor sculpture as the entrance to the pedestrian mall, but now she thought that the public art could be incorporated into the lighting fixtures, the playground, the water feature and then the sculpture would fit into the area. Franklin said the design for the lighting and the playground is complete, but an artist could do something like design benches for the plaza area and have the standard benches placed too. Purington wrote down the following possible downtown projects: entrance to pedestrian mall on Dubuque Street and Washington Street, Black Hawk Mini-Park, artist designed benches and a design competition, pedestrian mall garbage cans, water feature, and murals. Galbraith said she would like a project that incorporated the work of school children. Purington said that requires a lot of organization, and Wright said that the opening of a project could incorporate a project for children to do that day. Franklin asked if the Committee would be okay with the murals being done without them or Public Art Advisory Committee April 2, 1998 Page 4 without using their funding. She described the three downtown mural projects and their locations. Purington asked if the Committee could review the submitted designs. Wright asked if the Committee could meet with the kids doing the alley murals to let each other know what they are doing. Purington asked if the murals would be permanent. She said she was not comfortable getting behind the Human Rights mural for the Committee's first project because it is a political project. The Committee set their next meeting time at Thursday, April 9, 1998, at 3:30 p.m. (Wright left at 5:25 p.m.) Hanick said the focus of the next meeting would be the objectives and the downtown projects. Galbraith said she had a correction for the February 26, 1998, meeting minutes. She said that on the first page under "Mission Statement Discussion", the second sentence should read, "... because the Committee will be the vehicle for what they believe represents the interest of the public best." Trueblood said that the typed version of the mission statement should read, "stewards of the citizens of Iowa City" and not "stewards for the citizens of Iowa City." Fosse said he thought the Committee should either get involved with the murals or completely divorce themselves from the issue. Hanick said he thought the Committee should not be involved with the mural projects because they do not seem like the first projects the Committee wants to do. Swan agreed, but said she thought the Committee should encourage the projects. Purington said she thought the murals would be associated with the Committee regardless of their participation, so she thought they should be involved by reviewing design plans and artists' credentials, and setting up parameters. Hanick said if the Committee did work with the murals, they would have to pay for them. Hanick said that he thought the murals would be difficult to take on as a first project because the Committee is trying to identify some guidelines, objectives and procedures and the mural projects as they stand are not focused well. He said that the Committee could generate their procedure based on a more defined plan or strategy. Purington said she did not want the Committee to pay for the murals if they are not involved in the process. As a whole, the Committee agreed the alley mural project involving youth on City Plaza could go forward independent of the Committee; the Human Rights mural and the City-sponsored mural were put on the list of possible projects for FY99. MOTION: Purington moved that before the Committee accepts any projects, they design the procedures, policies and prospectus that lays out a project's parameters. Franklin said that is already an item on the work program. The motion failed for lack of a second. ADJOURNMENT: MOTION: Swan moved to adjourn the meeting. Trueblood seconded the motion. The motion carried by a vote of 6-0, and the meeting was adjourned at 5:38 p.m. Minutes submitted by Traci Howard. ppddirVnins~art4-2.doc