HomeMy WebLinkAbout1998-06-16 Bd Comm minutesMINUTES
IOWA CITY CIVIL SERVICE COMMISSION
CIVIC CENTER, LOBBY CONFERENCE ROOM
MAY 20, 1998
MEMBERS PRESENT:
Lyra Dickerson, Michael Kennedy
STAFFPRESENT:
Dale Helling, Sarah Holecek, Sylvia Mejia,
Andy Rocca, Machele Wiebel, R.J. Winkelhake
GUESTS PRESENT:
John Kelly, Adam Riss
RECOMMENDATIONS TO CITY MANAGER AND STAFF: None.
RECOMMENDATIONS TO CITY COUNCIL: Commissioners recommended that
Council accept the certified lists for the positions of Fire Battalion Chief and Fire
Captain.
SUMMARY OF RELEVANT DISCUSSION:
Chairperson Kennedy called the meeting to order at 8:20 AM. First item for
discussion was the motion to dismiss an appeal which was not timely filed. For
the record, Holecek questioned Winkelhake regarding the termination date of
David Brucher, and how the termination was communicated to Brucher. She
also presented as exhibits the Memorandum of Termination written by Chief
Winkelhake on April 14, 1998, and personally delivered to Brucher and the
notice to request appeal made to the Civil Service Commission by Brucher on
May 8, 1998. Holecek concluded that iowa Code Section 400.20 (1997) states
that an appeal is to be filed within 14 calendar days of the date of discharge.
Her count indicated that 24 days had passed after discharge before the appeal
was filed and it is the City's position that Brucher is outside of his appeal rights
and that the Civil Service Commission has no jurisdiction over the matter.
Kennedy asked Winkelhake if he personally handed the termination notice to
Brucher. Winkelhake replied 'Yes'.
Dickerson questioned if Brucher was aware of the time frame for filing an
appeal? Holecek responded that she didn't know if there was a statement made
to that effect. She stated that there is no duty on the part of the City to make him
aware of that. He did file a grievance under the contract in a timely fashion but
she couldn't speculate on his knowledge regarding the Civil Service appeal.
Dickerson requested to discuss the notice of right to appeal under New
Business.
Mejia stated that the assessment centers for Fire Battalion Chief and Fire
Captain had been held and scored and lists were provided to the Commission for
approval. She explained that the consultant would be back to discuss scores
and provide feedback to the candidates.
Kennedy moved to certify the lists for Fire Battalion Chief and Fire Captain as
presented. Dickerson seconded. Motion passed unanimously.
Old Business:
Rocca reported that he was preparing information about the educational
requirements for Fire command staff and would provide that to the Commission
when they meet to certify the list for Fire Lieutenant.
Fire Lieutenant Kelly noted that the Firefighters would like to have input into the
decision process and will attend and provide input at the next meeting. Mejia
commented that anyone is welcome to attend Civil Service Commission
meetings and that their input would be appreciated.
Mejia announced that Lon Moeller has resigned and will be going to the
University of Wisconsin. Dickerson asked when the vacant chair would be filled
and Helling indicated that it is hoped there will be applicants for the City Council
to choose from at the June 15 meeting.
New Business:
Dickerson expressed concern about notifying employees of what their rights are
when disciplinary action is taken. She felt it would make management more pro-
active if something is provided in writing to employees about their right to appeal
and the time frame involved.
Mejia expressed her concern that this would place additional responsibility on
staff to ensure the employees were notified of the time frames involved in a
disciplinary action when such action is not required by Code. She was
concerned that this could provide additional liability to the City if staff failed to
notify employees adequately.
Dickerson repeated that she would like to feel comfortable in knowing that
people know how to pursue their appeal rights. Mejia suggested providing a
copy of Chapter 400 in orientation packets given to new employees and
Dickerson indicated this would suffice.
Winkelhake commented that when an Internal Investigation is done, employees
are informed in writing of their dght to have a union representative present. He
added that he was certain Brucher had met with a labor attomey.
Holecek echoed Mejia's concern of creating an affirmative duty on the part of
staff which is not required by Code. Dickerson responded that the manner in
which the information is provided isn't critical, it's just the point that it is done so
employees are aware of it. Mejia repeated that the information would be added
to orientation packets for new employees.
Holecek asked who will keep the exhibits from this meeting and Mejia responded
that the City Clerk will keep them and Personnel will also attach them to the
minutes of this meeting.
Kennedy move to adjoum the meeting at 8:40 AM. Dickerson seconded.
Motion carried unanimously.
MINUTES
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
THURSDAY, APRIL 16, 1998 - 6:30 P.M.
LOBBY CONFERENCE ROOM - CITY CIVIC CENTER
MAY
MEMBERS PRESENT:
Dan Coleman, Denita Gadson, Rick House, Jayne Moraski,
Kathleen Renquist, Gretchen Schmuch, Bill Stewart,
MEMBERS ABSENT:
Dan Cilek, Sandy Kuhlmann
STAFF PRESENT:
Maurice Head, Steve Long, Steve Nasby, Doug Boothroy,
Maggie Grosvenor
RECOMMENDATIONS TO COUNCIL:
The Commission voted, 7-0, to recommend the approval of the changes to the Section 8
Administrative Plan and the Public Housing Admissions and Occupancy Plan as amended.
CALL TO ORDER:
Chairperson Schmuch called the meeting to order at 6:30 p.m.
CONSIDERATION OF THE MARCH 12. 1998, MEETING MINUTES:
MOTION: Stewart moved to approve the March 12, 1998, meeting minutesoMoraski
seconded the motion. The motion carried by a vote of 7-0.
PUBLIC/MEMBER DISCUSSION OF ITEMS NOT ON THE AGENDA:
There was none.
IOWA CITY HOUSING AUTHORITY UPDATE:
Grosvenor said the Housing Authority is meeting with three approved families for the Tenant to
Ownership program. She said occupancy rates for the Section 8 programs are 94% for
certificates and 89% for vouchers. She noted there are currently seven vacancies in Public
Housing.
Discussion of Federal and Local Preferences
Grosvenor said the memo she sent out articulates the four items (eliminating federal
preferences, establishing local preferences for homeless people, increasing minimum rents
from $25 to $50 per month, and changing the definition of family to meet HUD guidelines) that
the Housing Authority is proposing for the Section 8 Administrative Plan and the Public Housing
Admissions and Occupancy Plan. She gave some background information on each issue.
Schmuch noted that the four proposed agencies for the homeless local preference do not serve
elderly people. Grosvenor said that elderly and disabled persons receive a preference for the
housing anyway. She said the federal preference elimination takes City Council approval and
adoption of the local preference takes a public hearing.
For the proposed rent increase, Grosvenor said the Commission could do a flat exemption for
elderly and disabled persons or could use the current hardship exemption. The Commission
decided to leave the exemption the way it is described. She said the format for the family
definition comes from the Code of Federal Regulations, and the Housing Authority also looked
at other different definitions of family used by the City. She said the proposed definitions
address a variety of parameters for family units to be eligible for assistance. Nasby asked if a
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
APRIL 16, 1998
PAGE 2
group of students living together would meet the first definition. Grosvenor said they added the
sixth part to define a single person. Moraski suggested moving the portion in parents, (as
defined in ¢¢6 or below), to the end of the sentence in the first definition. Stewart said the "group
of persons" part of the first definition leaves a lot for interpretation, and it could be left out.
Renquist said she thought it should be left in.
MOTION: Moraski moved to formally recommend approval of the changes to the Section
8 Administrative Plan and the Public Housing Admission and Occupancy Plan as
amended. Stewart seconded the motion. The motion carried by a vote of 7-0.
REVIEW OF THE FY99 ALLOCATION PROCESS:
Stewart said he thought the rankings were just a base to start from. He said the rankings should
either not be released or everyone should put their name on their own rankings if they are going
to be released. Coleman said he thought more could be done with the rankings if there was
more time to discuss them. He said he envisioned a process that looked at the areas where
there was not agreement among Commission members, and then members could discuss their
reasoning behind their rankings. He said that might also help in the justification process later on.
Schmuch asked if there was a way that Commission members could discuss their feelings on
projects without tying it to a lot of paperwork. Stewart said he thought the group improved their
discussion of projects this year.
Coleman said the group should all agree on the objective parts of the allocation process, and
the more subjective elements could be discussed more later during the process. Head said staff
had a difficult time scheduling the meetings in March, and while staff wants to provide the
necessary information of the Commission to make allocation decisions, they only had one day
to turn the information around to Commission members. He said there needs to be more of a
realistic timeline, and it helps staff if members turn in the information and rankings on time.
Stewart suggested starting the process a month earlier. Head said that would work with the
budget allocation. Long said while it probably would not be a problem, agencies are currently
picking up applications in December for projects that would start in July, so if the process
started earlier they would have to plan even farther in advance.
Stewart he was less satisfied with the overall rankings this year than last year, even after the
group went over them and made changes. He said he thought last year's allocations were
better, and the group made some errors this year. Renquist agreed, and said that the agencies
that can pay the money back tend to get the most benefit, and she did not like that. $chmuch
said she felt more comfortable with how the leveraging looked this year.
Moraski said that Kuhlmann told her she would like a better discussion about the applicant's
capacity to undertake projects or a different way to rank it because the term is vague and has a
lot of room for interpretation. Head said that "experience" is much easier to define and
"capacity" is a perception of ability of the applicant to do the project, but the Commission does
not know about their experience. Stewart suggested forming a subcommittee to revisit the
ranking sheets and make recommendations. Moraski said she liked the fact that the
Commission did not totally follow the ranking sheets for funding projects; she liked the
discussion among members. Stewart, Coleman and Renquist volunteered to revisit the ranking
sheets.
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
APRIL 16, 1998
PAGE 3
UPDATE ON HART APPLICATION FOR HOUSING REHAB:
Head said staff submitted an application to the State for $240,000 for the rehab funding. The
State's process is also very competitive, and he thinks their priority is to create new units. Long
said staff should hear about the application in the next week or so. Head said the funding from
the Commission is part of the local match for the State funds.
AFFORDABLE HOUSING FUNDING POOL CRITERIA SUBCOMMITTEE:
Head said the Affordable Housing Funding Pool is one of the strategies that Council considered
at their recent meeting, and one that they would like to move forward with. He said they would
like to have some criteria developed for the funding pool before they approve this strategy. He
said since part of the money for this project comes from the HOME program, staff thought it was
appropriate to get some input from the Commission as to what criteria should be developed.
Stewart, Schmuch and Moraski volunteered for the subcommittee.
FIRST HOME DOWNPAYMENT ASSISTANCE CRITERIA SUBCOMMITTEE:
Long said some of the discussion during the funding cycle suggested taking a closer look at the
program, reviewing how the IHAP funds are used and reworking the program if needed. He said
he would like to sit down with a couple of Commission members to discuss these issues and
review the guidelines. House, Renquist and Gadson volunteered for the subcommittee. Stewart
suggested dropping the guidelines to 60% of median income, and not use it in conjunction with
IHAP funds unless it is to rehab a building and bring it up to code. He also suggested lowering
the mortgage amount. In response to a question, Nasby said the assistance has always been in
the form of a loan that is repaid to the program when the home is sold.
(The Commission took at 10-minute break.)
MONITORING REPORTS:
ESA Aid to Agencies - Gadson
Gadson said she spoke with Jean Mann, who said the agency is contracting out more middle-
level jobs, such as bathroom repairs and ramp construction, than in the past. She said they
have served 35 households, mostly low-income persons with disabilities, and one of her goals is
to reach more people under the age of 65 with disabilities. The average job costs about $188 to
complete, but a few projects ran higher than $1,000.
ISED Microenterprise Training - Stewart/Gadson
Stewart said they have spent $16,963 of the $20,000 allocated, and the rest of the money will
be spent this year. Currently, they have a class of 25, four businesses started this year and
three more that are planned to start by the end of the contract period. He said there are 19
businesses up and running from this and previous programs, and Jason Friedman would like to
create a business network to keep the owners aware of things going on.
OLD BUSINESS:
Community Development Celebration
Schmuch asked if members wanted to wait to hold the celebration in the fall until the Crisis
Center is ready or choose another site to hold the celebration. Nasby said the Crisis Center
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
APRIL 16, 1998
PAGE 4
should be ready in late August. Members decided to wait to hold the celebration until the Crisis
Center received their occupancy permit. Schmuch and Gadson volunteered to be on the
Community Development Celebration subcommittee.
Housing Market Analysis Update
Head said the document is still being edited, and it should be available to the Commission at
their May meeting.
Heartland Candleworks Update
Stewart asked what was going on with Heartland Candleworks. Head said he recently talked
with the accounting firm and they stated that the audit report should be wrapped up in May. The
Commission will receive the audit report, and at that point can decide if that is enough
information to consider releasing the funding or to request a full audit.
Long said staff hosted two HUD representatives last week, who were here to review the
program, and they were very pleased with the way things have been going.
NEW BUSINESS:
Moraski said she spoke with City Attorney Eleanor Dilkes, and she told Moraski that there is no
conflict of interest regarding the Iowa City IHA Senior Housing Project.
ADJOURNMENT:
MOTION: Stewart moved to adjourn the meeting. Renquist seconded the motion. The
motion carried by a vote of 7-0, and the meeting was adjourned at 8:05 p.m.
Minutes submitted by Traci Howard.
ppdcdbg~mins\hcdc4-16.doc
MINUTES
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, MAY 13, 1998 - 5:00 p.m.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
Susan Bender, Lowell Brandt, Kate Corcoran, William
Haigh
MEMBERS ABSENT:
T.J. Brandt
STAFF PRESENT:
Melody Rockwell, Sarah Holecek, Lisa Randolph
OTHERS PRESENT:
Jeff Edberg, John R. Rummelhart Jr., David L. Brost,
Cordell Jeppsen, Karen Artus, Mike Speer, Kirsten Frey,
Dennis Boelk
CALL TO ORDER:
Chairperson Haigh called the meeting to order at 5:03 p.m.
ROLL CALL:
L. Brandt, Corcoran, and Haigh were present for the roll call.
CONSIDERATION OF THE APRIL 8, 1998, MEETING MINUTES:
MOTION: L. Brandt moved to approve the April 8, 1998 meeting minutes. Corcoran seconded
the motion. The motion carried by a vote of 3-0.
VARIANCE ITEM:
VAR98-0001. Public hearing on an application submitted by Blackhawk Partners, on behalf of
Office Depot, for a variance to the sign regulations for property located in the Community
Commercial (CC-2) zone at 425/445 Highway 6 East.
Rockwell said the applicant, Blackhawk Partners, is requesting a variance to allow a third
freestanding sign to be installed on a tract of land located in the Community Commercial (CC-2)
zone. In the CC-2 zone, two freestanding signs or two monument signs, or one freestanding
sign and one monument sign are permitted on a single lot. The 425/455 Highway 6 East
property is part of a tract. That is, as defined in the Zoning Chapter, it is one of "an abutting
group of lots developed for a use or uses which share common facilities, including off-street
parking, loading and driveways. A 'tract' shall be considered a single lot in the application of the
regulations of this Chapter."
(Bender arrived at 5:07 p.m.)
Rockwell said the tract contains two freestanding signs - the maximum number permitted per
single lot in the CC-2 zone. The Boyrum Plaza freestanding sign is located in the northeast
corner of the tract, and the Parts America freestanding sign is in the northwest corner. The
applicant is proposing that a third freestanding sign be located in-between the two existing
freestanding signs along the Highway 6 frontage of the tract.
Rockwell said according to City Code subsection 14-4B-4C, no variance to the strict application
of any provision of the Zoning Chapter shall be granted by the Board unless the applicant
demonstrates that all of the elements of unnecessary hardship and public interest are met. All
Board of Adjustment
May 13, 1998
Page 2
three tests of hardship must be met, and it is staff's view that the applicant has failed to
demonstrate that there could be no reasonable return for the property without the additional
freestanding sign, that the applicants circumstances are unique, or that the standards were
arbitrarily imposed on the property, and the problem is other than of the landowner's own
making.
In considering the reasonable return test, Rockwell noted that the Zoning Chapter takes into
consideration that a business needs to advertise on-site. She pointed out that the existing
freestanding signs on the property have room for additional signage to be added. More tenant
panels could be added to the Boyrum Plaza freestanding sign and 54 square feet of signage
could be added the Parts America freestanding sign. In addition, the applicant is permitted to
have facia, canopy, awning and window signs. Rockwell said the applicant has not
demonstrated that the permitted alternative signage will prevent sufficient advertising for
businesses occupying the site.
Concerning the uniqueness test, Rockwell pointed out examples of other large commercial
tracts in the CC-2 zone that function with two freestanding signs, or as in the case of the Wal-
Mart tract with only one freestanding sign. Rockwell noted one reason for the restrictions on
freestanding signs is to limit the proliferation of signage within a major entranceway corridor into
Iowa City. She said there appears to be no uniqueness with regard to the applicant's burden of
compliance, as all other businesses located on tracts of land in the CC-2 zoned commercial
corridor along Highway 1 and 6 have to comply with the same or more limited signage
requirements.
Rockwell noted that the zoning standards are clear in terms of the signage allowed, and these
regulations have been in place for many years. She said the applicant notes that the closure of
the second drive onto Boyrum prevents the addition of a third freestanding sign on the property.
Rockwell said the applicant was involved in the development process for the new Hy-Vee store
and was aware of the pending drive closure. Even if the drive had not been closed, a third
freestanding sign would not be permitted. She said the problem in this situation appears to be
one of the landowner's own making.
Rockwell said the request for a third freestanding sign does not appear to be in contradiction to
the intent of the CC-2 zone "to provide for major business districts to serve a significant
segment of the total community population," but it would not be consistent with the
Comprehensive Plan goals to "promote unobtrusive signage... by enforcing the municipal sign
ordinance" and "create and maintain attractive entrances to Iowa City." Rockwell said the public
interest may be viewed in terms of the aesthetic quality of a commercial corridor, particularly
one that is an entranceway into the community. Allowing a variance to the sign regulations to
suit each new business tenant could lead to an increasing number of signs along the highway
frontage. She said staff feels that it would not serve the public interest to grant special privileges
to one entity, where there are no unique, limiting circumstances involved and there has been no
demonstration of hardship.
Rockwell said in staff's view, VAR98-0001, a request for a variance to allow a third freestanding
sign for property located in the CC-2 zone at 425-445 Highway 6 East, does not meet the tests
of hardship for granting a variance, is not consistent with the Comprehensive Plan, and would
not serve the public interest.
Public hearing opened.
Jeff Edberg. a real estate broker, said businesses are downsizing and requiring smaller spaces.
The former K-mart building in Coralville is 70,000 square feet and is still vacant. The space in
Board of Adjustment
May 13, 1998
Page 3
question is 31,000 square feet. He said he has been unable to secure a tenant for this size
space. He did secure a tenant for the 8,200 square feet on the north side of the building that
fronts Highway 6. The remaining 22,000 feet has been looked at by several tenants, and each
one required a freestanding sign in their lease proposals. They feel because they are on the
south side of the building, even though they may be a viable business, no one will be able to
see them. Parts America has a sign and highway frontage, and according to the sign code, they
can use 25% of the building and paint a sign on the highway side of the building. Edberg said
he has a tenant that is willing to locate on the south side of the building, but only with a free
standing sign as part of the lease proposal.
John Rummelhart, Jr. representing Blackhawk Partners, said they are interested in having
reasonable use of the property. They have control over one lot on this tract. They have a
problem with the existing wording of the sign ordinance for the definition of "tract." With three
properties, and thousands of feet of frontage down Waterfront Drive, they are allowed just two
freestanding signs. In his application, under unnecessary hardship, he questions why the word
"tract" and "lot" have the same meaning. His request is for just one additional sign. On the
frontage for his lot, he proposes a sign that is almost twice the distance from another sign, as
allowed under the code if his property were considered one lot, instead of part of a larger tract.
He wondered if there could be some consideration of a smaller sign.
Rummelhart asked staff to define reasonable return on a piece of property. Rockwell said the
ordinance cannot be confiscatory in nature. A property owner should be able to get a
reasonable return while following the ordinance. If the ordinance causes a diminished return to
the point of confiscation of a property, that would constitute denial of a reasonable return.
Rummelhart questioned the wording "the standards are not arbitrarily imposed on the property"
from the staff report. He read from the sign ordinance that the Board has the authority to allow
the variance where the granting of a variance is not contrary to the intent of the Zoning Chapter.
Rummelhart continued by saying the ordinance provides a reasonable opportunity for sign
users to display signs without interference from other signage. Further, he said the ordinance
allows for two signs 150' apart for multi-tenants on a site. His signs would be almost twice that
distance apart.
Rummelhart said he cannot demonstrate that the permitted alternative signage will prevent
sufficient advertising for businesses occupying the site, because he cannot get a tenant in the
building. Rummelhart questioned the staff suggestion that he has not suffered apparent
economic hardship. He has been attempting to lease the space for 1 ¼ years. He's paying
taxes as if the building were occupied. It's a retrofit, not new construction. Comparable sites
such as Wal-Mart, Kmart, and Econofoods have better access than this site. The site is
landlocked, and none of the comparable sites are properties that are being redeveloped.
Blackhawk Partners is attempting to redevelop an old grocery store that will be a draw to Iowa
City. He said it may even compete against the mall in Coralville.
Regarding comments in the staff report on the landowners own making test, Rummelhart said
he was aware of the pending drive closure. If the drive were still there, and if there were a
barricade of some type in the lot, to his understanding, this would have created two lots, and
each lot could have had two signs.
Rummelhart referred to the staff report wording "not be consistent with Comprehensive Plan
goals to promote unobtrusive signage." He said that "unobtrusive signage" doesn't mean "no
signage." Rummelhart read from the commercial opportunities section of the Comprehensive
Plan that "opportunities in this sector of the economy are important not only for the jobs such
businesses create, but also for the goods and services provided to the residents of the City.
Board of Adjustment
May 13, 1998
Page 4
Redevelopment or reuse of existing commercial buildings is one opportunity for new
commercial development. Redevelopment and reuse are encouraged in the downtown and
other existing commercial corridors. Signage which is informative, but unobtrusive is important
particularly near neighborhoods and in entrance corridors to the City. These features and
amenities can be accomplished by the joint cooperation and participation of the City and
business owners." Rummelhart suggested that staff read the Comprehensive Plan.
Rummelhart referred to the staff report wording "crowded, jumbled perspective along the
commercial streetscapes." He said public interest can be viewed in a lot of terms. He read from
the economic well-being section of the Comprehensive Plan that "encourages commercial
activity to take place in existing core areas, or neighborhood commercial centers, and
discourages the proliferation of new major commercial areas, and encourages the creative use
of existing commercial sites that are vacant or underutilized."
L. Brandt pointed out that the standards for variances are different than the standards for
special exceptions. He said a lot of what Rummelhart is pointing out is an argument against the
existing sign ordinance. He said Rummelhart appears to have a problem with the way the
Zoning Chapter is written. L. Brandt said the legislative bodies, such as the Planning and
Zoning Commission and the City Council, put those rules in place. The role of the Board of
Adjustment in granting a variance is to take a huge step and say that even though the
community has elected legislative bodies to put certain rules in place, the Board of Adjustment
will ignore those rules in this particular instance. That's why variance regulations require
applicants to meet each and all of the standards. He said it's a very different level of
consideration than for special exceptions.
Corcoran asked if Blackhawk Partners owned the property when it was occupied by Hy-Vee.
Rummelhart said it was a unique situation in that they had owned the ground underneath the
building, but not the building.
L. Brandt said Rummelhart mentioned the uniqueness criterion, which is one of the standards
that has to be met. L. Brandt continued that one of the things in the uniqueness category that is
important to the Board of Adjustment is that if a variance is granted in this case it sets a
precedent, saying that even though the existing ordinance has a limit of two freestanding signs
for a tract of land, the Board will change it for this applicant. L. Brandt said the question then
becomes when does or doesn't the Board change it? Why this applicant and not everybody
else? If it should be changed for everybody else, L. Brandt said he thinks it is a Zoning Chapter
problem that should be changed through the appropriate legislative process.
Rummelhart responded that regarding uniqueness, this is a totally redeveloped site, and is
completely landlocked. He asked is it the same as the other areas? He doesn't think it is,
though he feels the Board does. He said it is not the Board's worry that the site has been
vacant for 1 ½ years. He hoped that it would be the concern of the City on a tax base situation,
that if the site isn't rented, in one year, it gets tagged as being vacated and does not get taxed
as a going entity.
Rummelhart said they are listening to the people that are coming to them who say they will take
the front half of the site, but that part is already occupied. He said he is trying to accommodate
a substantial business that he thinks would be welcomed by the citizens of Iowa City. He didn't
know whether this is unique enough. He said Hy-Vee faces the highway, and he doesn't know
how high the letters are on its sign. Hy-Vee is 2 ½ -3 times the size of his building. The old Drug
Town is right at the corner where people are stopping. He said his building is in the middle of
the block. He doesn't know how much redevelopment there is, or how much ground is left on
the highway to work with. He said the intent of the ordinance should not deny him being able to
Board of Adjustment
May 13, 1998
Page 5
install a second sign, when the sign would be over twice the required separation distance away
from the nearest sign.
Corcoran said she understands that prospective tenants want to have some kind of sign on
Highway 6. She noticed that in the property drawing, there is part of the building that faces
Highway 6 that is not occupied by Parts America. She said Rummelhart could have signs there,
along the exterior of the building that would be visible from the road, even if not a tall sign.
Rummelhart said he is not certain of that, because of the requirement of how much of a side
elevation can be used for a sign. He thinks it might be 15%. He doesn't know if the percentage
for that side is already used up by Parts America.
Rummelhart asked Holecek if this application is denied, do all Board members have to give the
basis for their denials. Holecek said this Board is good about articulating its findings. Anything
the Board decides upon is also put in writing. In addition to the hearing itself, written decisions
are issued with findings of fact and conclusions of law about what the Board findings are in
regard to each test that has to be met in this particular circumstance.
Rummelhart asked if after this public hearing, his case was closed. Holecek said this application
before the Board would be closed, but that his recourse could be to file a petition of writ of
certiorari to the District Court.
Public hearing closed.
MOTION: Corcoran moved to approve VAR98-0001, a request for a variance to allow a
third freestanding sign on property located in the CC-2 zone at 425/445 Highway 6 East.
L. Brandt seconded the motion.
Bender stated for the record that she has a business relationship with Edberg in that he is one
of her husband's business partners. She doesn't have any ownership interest in the business,
and therefore doesn't think there is a statutory conflict of interest. She said even though she
has this attenuated connection to Edberg, she doesn't feel it will compromise her ability to make
a fair and unbiased decision on this application.
Brandt said the Board is dealing with its first variance of the year. The standards that have to be
met in order to approve a variance are much more demanding than they are with special
exceptions in that the Planning and Zoning Commission, with the approval of the City Council,
have established certain rules that in this case don't authorize the Board to grant a special
exception. Consequently, the decision to grant a variance is significant and serious. That's why
all the applicable standards must be met. He appreciated what the applicant is saying, and what
he has to go through to lease the property. He feels it is in everyone's best interest to find a
tenant. However, he said the uniqueness and landowner's own making standards are not met in
this case. There are a number of properties that are large tracts, and the ordinance applies to
all of them, regardless of size. The limit of two signs per tract is clear in the ordinance. The
provision has been in existence for some time, and there isn't anything unique about this
situation. He said he cannot support the variance, because he feels it doesn't meet the
standards.
Corcoran said she cannot support granting the variance, because she doesn't feel the applicant
has demonstrated that any greater burden has been placed on him by the ordinance than has
been placed on owners with property in like circumstances. The ordinance was passed by the
City Council to limit the number of signs on streets such as this. She said while some people
might view this as a hard thing, it is the law in Iowa City. She said she doesn't feel it is in the
public interest to grant the requested variance.
Board of Adjustment
May 13, 1998
Page 6
Bender said she looks at it differently in that what the Board of Adjustment is charged with is the
responsibility of putting humanness and some interpretation into the strict zoning regulations..
The part that bothers her is the strict application of the definition of a "tract" as a single lot. The
large amount of land viewed as a single lot doesn't make sense to her. She understood the
applicant's concern when he said that if they added barriers, the tract might be considered
separate lots and the requested signage might be allowed. She said she doesn't see how
granting the variance would be contrary to the public interest. She said a single sign on
Highway 6 in that spot as far apart as the signs would be located from each other doesn't seem
like an unreasonable request to her. She said she would argue, too, about the uniqueness test,
given that the site is landlocked, and doesn't have the kind of access that comparable tracts
have.
Bender said, however, the reasonable return test is not met in that there are alternatives, such
as adding space to other signs, or possibly something on the face of the building. Since the
variance has to meet every test, and due to her concern that the no reasonable return test is
not met, she cannot vote for the variance.
Haigh said for the Board to pass the variance, the request would have to meet all three tests of
hardship, and he doesn't believe that it meets the hardship standards. There might be a little bit
of uniqueness, but it seems to him that there could be some work with the fascia, the canopy
and the awnings for signage, and possibly working a sign in with the Parts America sign. He
said he has a problem passing this variance and setting a precedent for other similar tracts in
Iowa City.
The motion was denied by a vote of 0-4.
SPECIAL EXCEPTION ITEMS:
Haigh noted that item #4 (EXC98-0009) and item ¢¢5 (EXC98-0010) would be deferred until the
Board's June 10 meeting.
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 (RS-5) zone at 2730 Bradford
Drive.
Rockwell showed on the location map how the site relates to Mercer Park and Southeast Junior
High School to the south, and residences to the north and east. Rockwell said in February
1998, the applicant, the Church of Jesus Christ of Latter-Day Saints, submitted a request for a
special exception to permit the expansion of a religious institution to allow the construction of
two one-story additions on the east side of the church facing Baker Street and to expand the
parking area to a total of 170 parking spaces.
Rockwell said the church requested a deferral at the March 11 Board meeting, and again at the
April 8 Board meeting. Both deferrals were granted by the Board. The church submitted a
revised site plan for the Board's consideration that scales back the amount of parking area
being requested and creates a wider landscaped buffer between Baker Street and the existing
parking area on the east side of the church. The total parking request has been reduced by the
applicant from 170 parking spaces to 146 parking spaces; 113 parking spaces currently exist on
the site.
Board of Adjustment
May 13, 1998
Page 7
Rockwell said an expansion such as this is permitted in the RS-5 zone when the additional
regulations of Article L are met. Those include access to an arterial or collector street, or a
street with paving wider than 28 feet. Neither street is greater in width than 28 feet, but Bradford
Drive is a collector street. The minimum lot area for a religious institution in the RS-5 zone is
40,000 square feet, and the property under consideration is 118,174 square feet (2.72 acres) in
size. This is well beyond what is required. The setback requirements are substantially met as
well, so the applicant has satisfied the requirements of Article L.
Rockwell said because the building additions are proposed to be only one story in height, and
because of the ample setbacks that the additions would have from the lot lines, the proposed
expansion should prove appropriate in scale to the surrounding residential neighborhood.
Because of the way in which the additions are proposed to be integrated as part of the existing
building, any perceived increase in the mass of the building should be minimal. The north
addition will also serve to screen the air conditioning units, satellite dish, and electric
transformer from view from the Baker Street side of the building.
Rockwell said the extent of the previously proposed parking expansion of approximately 1/~ acre
within a low density residential area raised some concerns. The church is now proposing to re-
stripe the east parking area, to remove a 33-foot by 85-foot (2,805 square feet) area of paving
from the east edge of the existing parking area along Baker Street, to remove the paved area
(1,560 square feet) of the south parking drive off Baker Street, and add approximately 7,396
square feet of paving to the site for parking and an access drive to Bradford Drive to create 33
more parking spaces for its use. The 3,031 square foot increment of paving increases the
impervious surface on the site by approximately 2.5 percent. To improve on-site traffic flow, the
applicant proposes to close one access drive on Baker Street and construct a new access drive
on Bradford Drive. Rockwell said staff feels this will lessen the effects of traffic for the
residences along Baker Street. There are no residences and no conflicting drives in Mercer
Park directly across from the proposed, new Bradford Drive entry drive.
Rockwell said the buffer area will be 33 feet wider along the existing paving to the north, and
with this plan new evergreen and deciduous trees and shrubs will be added, and existing,
mature trees will be preserved on the site. This mix of deciduous and evergreen trees on an
expanse of lawn will serve as a green, softening buffer of the religious institution use. Staff feels
the parking request is fairly moderate. Reconfiguring the parking area and closing the drive on
Baker Street lessens the impact of the religious institution use of the parking area on
neighboring residential properties.
Rockwell said in summary, if the Board considers approving this exception, staff would suggest
as a condition of approval to require the applicant to implement the building and parking area
expansions consistent with the site plan date-stamped April 23, 1998, with particular attention to
installing the landscaping and the access drives as shown on the referenced plan. Rockwell
said the applicant has requested that the Board's decision be extended beyond the usual six
months to allow time to implement the project under the requirements and procedures set forth
by the church board for its own facilities. Staff feels this would be reasonable.
L. Brandt asked for clarification that there will now be three driveways, two off Bradford and one
off Baker in the very northeast corner of the property. Rockwell said three already exist. The
new Bradford drive is a tradeoff for the one on Baker Street that is being removed.
Board of Adjustment
May 13, 1998
Page 8
Public hearing open.
Dave Brost, architect, said the church has been built in four phases. This is the fifth phase and
final addition to the building. Any further expansion would be done with a new church in another
location. Brost said they are proposing adding on a north 48' x 35' addition, a south 24' x 35'
addition or a little over 2,000 square feet, and about 30 parking spaces. The cutback from the
previous site plan to the current site plan is because the church redid its standards in the last
month. It originally felt 170 spaces were needed with the new additions, but now it feels it only
needs 146.
Brost explained that the driveway in the extreme corner of the property will be located further to
the south so they can get in a new row of parking along the north property line. He felt it would
make traffic flow in a much more organized fashion. The other Baker Street drive will be
removed. A green area will be added along the edge of the existing paving.
Brost said matching the red brick is a problem, because different batches of clays produce
different colors of bricks. He said the church plans to have all new brick on the new and existing
sides of the east wing of the building so the additions will blend in with the existing building.
L. Brandt said staff has recommended a condition that the last site plan submitted be adhered
to, which includes extra landscaping, including trees along the north. He asked Brost if this was
a problem. Brost said this wasn't a problem, because the last site plan submitted is attached to
his contract, so the Latter-Day Saints in Salt Lake have approved the site plan. He has received
a notice to proceed with the project, and if approved by the Board, it is likely to be under
construction after the first of the year.
Cordell Jeppsen, Latter-Day Saints State President, said Church ecclesiastical leadership is
pleased with the second plan, more so than with the first plan, because they can take the green
space in the front of the property and add it down the side. It preserves green space they want
to keep. They enjoy the trees and lawn, and want construction with as little impact on the
appearance of the building as possible. They agree with the staff assertion that the original
proposal was chopping up too much green space.
Public hearing closed.
MOTION: L Brant moved to approve EXC98-0003, a request for a special exception to
expand a religious institution by constructing two additions of approximately 30 feet by
35 feet, and 48 feet by 35 feet on the east side of the existing church structure, and to
expand the parking area to accommodate up to 146 parking spaces for property located
in the RS-5 zone at 2730 Bradford Drive. Attached to this approval would be a condition
that the Board requires the applicant to implement the building and parking area
expansion consistent with the site plan date-stamped April 23, 1998, with particular
attention to installing the landscaping and the access drives as shown on the referenced
site plan. In addition, the Board extends the order to one full year from the date of
approval to allow the applicant sufficient time to get the project completed. Bender
seconded the motion.
Bender said she was happy to see the revised site plan. She said she was concerned with the
first site plan in terms of the amount of parking and the amount of concrete being proposed in a
residential neighborhood. The impact on the residential neighborhood was her biggest concern,
along Bradford, up to Dover, and across Baker Street. She said the revised plan, with additional
screening on the north, helps. She thought the neighbors must be satisfied with the site plan as
well, as there was no one protesting this plan as there had been with the original plan. She said
Board of Adjustment
May 13, 1998
Page 9
the new plan will help to camouflage the additional concrete in the neighborhood. She sees no
detrimental effects, and thinks the relocation of the drive will have a better impact on not only
the church, but the neighborhood, and probably will be a little safer. She said it is an
appropriately-sized building for the amount of land that the church owns. She said she won't
object to the special exception, because it meets all the standards.
L. Brandt agreed that each standard has been met. He said this is a much improved plan. He
commented that the Board's concerns with the original plan involved the impact on the
neighborhood. He said churches are often located in residential neighborhoods. The Board
appreciates that the church would like to retain green space for the people that attend the
church, but because the church is located in a neighborhood, the impact on a residential
neighborhood is of concern to the Board. The expansion will have an impact, but he thought
this plan provided a reasonable accommodation. He said he was relieved to hear that if there
are any future church expansions, they will likely occur at a different site.
Corcoran said she will vote in favor of granting the special exception. She congratulated the
applicant for working so well with staff when staff identified concerns. She said it is in the public
interest to promote this kind of use.
Haigh said the building phase is relatively minimal. It isn't a huge, overbearing building. The
parking as designed now is more appealing than what was presented earlier, especially the
reduction in the amount of concrete and with parking available across the street at Mercer Park.
He said the church will have access to the Mercer Park parking area during the evenings and
on Sunday when it is likely to be in session.
The motion carried by a vote of 4-0.
EXC98-0007. Public hearing on an application submitted by Karen Artus for a special exception
to allow the construction of a single-family home on a nonconforming lot of record for property
located in the Low Density Single-Family Residential (RS-5) zone at 1923 Morningside Drive.
Rockwell showed a location map of the property, which is located directly across the street
(west) of City High. She mentioned that an Iowa City Community School District letter was
received that raised a concern about visibility on the corner.
Rockwell said
contain 6,000
Single-Family
square feet of
the applicant, Karen Artus, owns adjoining lots that each are 50 feet wide and
square feet of lot area. This property is located within the RS-5, Low Density
Residential zone, which requires a minimum of 60 feet of lot width and 8,000
lot area. The lots do not meet the dimensional requirements of the RS-5 zone.
Rockwell said platted and/or recorded lots established prior to the adoption of the current RS-5
zone requirements are considered established lots of record and are generally regarded as
legal building lots within the RS-5 zone. However, City Code section 14-6T-5C states that when
a lot of record comes into single ownership with an adjacent parcel, both parcels are considered
to be a single parcel in terms of the enforcement of the Zoning Chapter, and they cannot again
be legally split or sold unless both remaining parcels meet the dimensional requirements of their
respective zones.
Rockwell said the City Code allows lots of record without sufficient lot area to be split if the
Board grants a special exception to do so. The City Council is considering a change to the
ordinance to allow the same process to occur if a lot doesn't meet the lot width requirements.
City Council has not voted yet, but staff anticipates a favorable result. Rockwell said staff
suggests that Board approval be conditioned on the ordinance amendment being in place.
Board of Adjustment
May13,1998
Page 10
Rockwell raised the issue of appropriate compatible development. She showed the buildable
area on an overhead transparency. Three building plans have been submitted. Rockwell said
the scale of development of each plan is appropriate. Staff does not favor Plan C because it
includes a carport on the east side of the house with a driveway onto Morningside Drive. Plans
A or B are recommended because they provide for access on High Street. Rockwell mentioned
that staff had received three letters in support of the project. The letter from the Iowa City
Community School District, while supportive of the project, raised questions of the impact of
development on traffic visibility. Rockwell said the City traffic engineering planner reviewed the
site and reported that there would be no encroachment into the required vision triangle on the
corner lot if a house is built on the lot that meets the setback requirements for the RS-5 zone.
Rockwell said if the Board is inclined to approve this request for a special exception to allow the
construction of a single-family dwelling on a nonconforming lot of record for property located in
the RS-5 zone at 1921 and 1923 Morningside Drive, staff would suggest the following
conditions: 1) the approval of proposed amendments to City Code Section 14-6T-5D currently
pending before City Council, 2) the use of the subject lot of record at 1923 Morningside Drive
being limited to the construction of one single-family dwelling and accessory buildings, 3) the
single-family dwelling constructed on the lot substantially conforming with Plan A or Plan B, as
provided by the applicant in association with this application, or in the event that alternative
plans are submitted, the plans being subject to review and approval by the Director of Planning
and Community Development to ensure development that is appropriate and compatible with
the surrounding neighborhood, and 4) some action being taken to establish the lot of record at
1923 Morningside Drive as a separate parcel from the adjoining property at 1921 Morningside
Drive, through the sale of one or both of the lots to separate parties or by obtaining a building
permit to construct a single-family dwelling at 1923 Morningside Drive within twelve months
from the date the Board's decision is filed with the City Clerk.
L. Brandt asked if the Board could consider this special exception with or without the approval
of the amendment by the City Council. Rockwell said if passed, the City Council action would
allow the special exception to be considered. L. Brandt asked, if the special exception is
granted, could the owner sell the lot, make it a separate lot, or build a single-family home.
Rockwell said the owner either has to sell the lot and/or build a home within the one year
period. L. Brandt asked for the staff opinion of condition #3. Rockwell said alternative building
plans to Plan A or Plan B would be reviewed by staff.
Public hearing opened.
Karen Artus, applicant, said the Planning and Zoning Commission has pointed out that granting
special exceptions like these are in line with encouraging infill development and her building
plans are being developed in accordance with the original plat of the area. Artus said the
standard setbacks aren't a problem for her. She said Morningside Drive is a high traffic area,
but that is an issue separate from her special exception application.
Haigh asked if Artus had any problem with the building plans conforming to Plan A or B, or
being submitted to staff for review and approval. Artus said the structures proposed are suitable
to the neighborhood environment.
Public hearing closed.
MOTION: L. Brandt moved to approve EXC98-0007, a request for a special exception to
allow the construction of a single-family home on a nonconforming lot of record for
property located in the Low Density Single-Family Residential (RS-5) zone at 1923
Board of Adjustment
May 13, 1998
Page 11
Morningside Drive, with the following conditions: 1) the approval of proposed
amendments to City Code Section 14-6T-5D currently pending before the City Council, 2)
the use of the subject lot of record at 1923 Morningside Drive being limited to the
construction of one single-family dwelling and accessory buildings, 3) the single-family
dwelling constructed on the lot substantially conforming with Plan A or Plan B
(attached) as provided by the applicant in association with this application, or, in the
event that alternative plans are submitted, the plans being subject to review and
approval by the Director of Planning and Community Development to ensure
development that is appropriate and compatible with the surrounding neighborhood, and
4) some action being taken to establish the lot of record at 1923 Morningside Drive as a
separate parcel from the adjoining property at 1921 Morningside Drive, through the sale
of one or both of the lots to separate parties or by obtaining a building permit to
construct a single-family dwelling at 1923 Morningside Drive within twelve months from
the date the Board's decision is filed with the City Clerk. Corcoran seconded the motion.
L. Brandt moved to amend the main motion to delete the section from condition #3 that
refers to the single-family dwelling constructed on the lot substantially conforming with
Plan A or Plan B. Condition #3 as amended would read: 3) the single-family dwelling
plans being subject to review and approval by the Director of Planning and Community
Development to ensure development that is appropriate and compatible with the
surrounding neighborhood. Bender seconded the amendment. The amendment carried
by a vote of 4-0.
Bender said she saw no negative neighborhood impacts from the project. The building plans
were in line with homes of the same size in the surrounding residential neighborhood.
Regarding ingress/egress, she favors access from High Street and not Morningside Drive.
Parking is a nuisance in the area, but she is more concerned with the safety issues of traffic
and visibility. Bender said it is reasonable to extend the time limit to one year. She said she
likes the staff provision to review building plans.
L. Brandt said his main concern is how this fits in with the rest of the neighborhood. He said the
lot is an unusual size, but is a nice spot for a nice home. He mentioned to Artus that the City
Historic Preservation Commission is available to consult on projects like this.
Corcoran said a home in this spot will be a nice addition to the neighborhood. She will vote for
the special exception. She said it will have a positive impact.
Haigh said the exception is not injurious to neighboring property owners. It will not decrease
property values. He was pleased staff resolved the ingress/egress issues.
The motion carried by a vote of 4-0.
EXC98-0008. Public hearing on an application submitted by S & J Development for a special
exception to permit a club to be established in a Rural Residential (RR-1) zone for
approximately 2.5 acre property located at the end of Phoenix Drive extended.
Rockwell said the applicant's intent is to establish a private recreational area containing a
swimming pool and tennis courts within a residential area yet to be developed. The applicant
has filed a preliminary plat for a portion of the surrounding property, which includes the subject
property, and has indicated that the approval of the facility at this time will assist in marketing
the pending development. The facility would be developed along with the construction of Phase
I of the residential subdivision.
Board of Adjustment
May 13, 1998
Page 12
Rockwell said clubs are permitted by special exception in the RR-1 zone, subject to the
requirements of Article L, of the Zoning Chapter, which specifies that clubs shall have access to
arterial streets or to streets with paving wider than 28 feet, and meet certain dimensional
requirements. Staff feels the proposed club can meet these standards.
Rockwell said the applicant has indicated that membership in the club will be limited to
residents of Country Club Estates only. If membership is not limited in this manner, it could
result in excessive traffic traveling through Southwest Estates along Phoenix Drive. Rockwell
said development of the recreational facility will require that sanitary sewer and water facilities
be extended from the east to serve the area.
Rockwell said the evaluation of the Country Club Estates preliminary plat was discussed in a
City Joint Staff meeting on May 12, the previous day. Concerns were raised at that meeting
about the relationship between the recreational facility and the surrounding residential uses.
The facility is potentially a neighborhood gathering place, yet is hidden behind the rear yards of
surrounding lots, creating a less than desirable situation for those lots in terms of privacy. Staff
felt that the facility should be opened up to the street to make it more visible within the
neighborhood, and to minimize the impacts of the facility on neighboring residential properties.
She said the proposed club is intended to be a recreational amenity within an area being
planned for residential development. If well planned, it could be a positive neighborhood
feature, particularly if the site is designed with extended frontage along a public street and not
tucked in back of residential lots. Rockwell said staff also has concerns about the design and
layout of the pending preliminary plat for Country Club Estates that may impact the exact
design and location of the proposed club. She said the Board can decide to allow the special
exception to go forward and give staff the ability to work out the details through the platting
process, or the Board can request the applicant defer this item until a more specific plan is
submitted.
Rockwell said if the Board is inclined to approve a special exception to permit a club at this site,
staff suggests that the approval be subject to 1) the approval of preliminary and final plats for
Phase I of the proposed Country Club Estates, 2) membership in the club being limited to
members of the Country Club Estates homeowners association, as specified by the applicant,
3) the exact location of the recreational facility within the RR-1 zone being identified and
finalized as part of the preliminary and final plat review process, with the recreational facility
being platted in such a way as to have extended frontage on a street with 31-foot wide paving
to make it more of a neighborhood focal point and to minimize and buffer its impacts on
neighboring residential properties, and 4) the final design of the facility, including issues such as
parking layout, screening, lighting and access being subject to review and approval by the
Director of Planning and Community Development prior to the issuance of a building permit.
Haigh asked if his understanding that the club will be built before houses are built is correct.
Rockwell said this is up in the air. The applicant stated at one time that if approved, the pool
would be built this summer, and recently the applicant has said this feature would probably be
built with the development of the houses.
Haigh asked if the Board approves the special exception as is, would construction have to start
in six months. Rockwell said yes.
Board of Adjustment
May 13,1998
Page 13
Public hearing opened.
Mike Speer, applicant, said the intention is to start construction of the facilities this fall if Phase
1 of the Country Club Estates subdivision is approved. He wants to start the facility, put the pool
in, and then construct the outbuildings.
In response to a question from Bender, Speer said he thinks the RR-1 parcel was notched out
of the RS-5 zone about 25 years ago when technology allowed development to that point
without any upgrade for sewers.
Haigh asked if a street would be built out to the area. Speer said yes.
Haigh asked if the clubhouse would be ready before homes were developed. Speer said yes.
The residential lots and the club would be built during the same phase. The club would likely be
built before any lots are sold, unless the lots are presold. Speer said he has had a difficult time
marketing the pool until he gets Board approval, because people want to live here only if they
are certain of the amenity of the club, or else they will live elsewhere.
Speer said he is comfortable with conditions 1, 2 and 4 recommended by staff, and appreciates
the staff recommendations. Condition #3 was brought up at a meeting about 45 days ago. He
said staff didn't like the club tucked behind homes. Planners were invited to see this design in
other cities. These clubs are not developed on main roads because they are private. It doesn't
give the club a lot of visibility. It cuts down on vandalism, etc. through a neighborhood watch
system. The lots around the club were the first to sell. He felt the club should be placed in an
area that is inconspicuous. He agreed it is the focal point of the neighborhood, but not the visual
focal point. The row of parking closest to the three lots adjacent to the club could be eliminated
so cars wouldn't be turning toward those houses. The club would be closing at dusk, so
headlights wouldn't be a nuisance.
L. Brandt asked about marketability of the three lots closest to club. He said since the facility is
coming first, buyers could decide whether they wanted to live near it or not. Speer said he
would be living in one of those three houses. He said a large budget is allocated for this
development. The pool is a beach entry pool, where members can walk safely right into the
pool. Corcoran asked if there would be just the clubhouse, in addition to the tennis courts and
pool. Speer said there would be a small bathhouse and a gazebo pavilion, which will be the
gathering place for the neighborhood. There is extra space for future expansion.
Corcoran asked if the homes to the north would be condominiums or single-family homes.
Speer said it may be single-family homes, or maybe some townhouses, but the zoning is not in
place for anything other than single-family homes right now. He said his company will be
making a PUD application for that shortly. The townhomes would be fairly expensive and large.
He said they could easily go to single-family homes if townhomes aren't permitted.
Speer said his other concern with condition #3 is tying it into the preliminary and final plat
review process. This is a long-term, 111 acre project, to be built out over seven to ten years.
Tying it to a preliminary and final plat may delay the project. Rockwell said the condition could
be made more specific by tying it to the Phase I platting process. Speer said that would be
better, but he would rather eliminate condition #3 altogether.
Public hearing closed.
Board of Adjustment
May 13, 1998
Page 14
MOTION: L. Brandt moved to approve EXC98-0008, a special exception to permit a club
on approximately 2.5 acres of property located within the RR-1 zone at the terminus of
Phoenix Drive extended. Attached to this approval are the following conditions: 1) the
approval of preliminary and final plats for Phase I of the proposed Country Club Estates,
2) membership in the club being limited to members of the Country Club Estates
homeowners association, as specified by the applicant, 3) the exact location of the
recreational facility within the RR-1 zone being identified and finalized as part of the
preliminary and final plat review process of Phase 1, with the recreational facility being
platted in such a way as to have extended frontage on the street with 31-foot wide
paving to make it more of a neighborhood focal point and to minimize its impact on
neighboring residential properties, and 4) the final design of the facility, including issues
such as parking layout, screening, lighting, and access, being subject to review and
approval by the Director of Planning and Community Development prior to the issuance
of a building permit. Bender seconded the motion.
Bender said given the nature of the plan, with the recreational facility being built prior to the
homes, the applicant made a good case of why it doesn't need to be in a more out-front
location. She would be concerned from a public safety standpoint that kids could get in there if
the facility had an exposed frontage. She said surrounding neighborhoods are going to know
about it anyway.
AMENDMENT TO THE MAIN MOTION: Bender proposed an amendment to the main motion
that condition #3 would read the exact location of the recreational facility within the RR-1
zone being identified and finalized as part of the preliminary and final plat review
process of Phase 1. Bender thought the applicant was going to do things to minimize the
impact and buffer with landscaping. L. Brandt seconded the amendment to the main motion.
The amendment to the main motion carried on a vote of 4-0.
Haigh said he doesn't have a problem with the concept, but he was concerned with the club
being proposed in the middle of nowhere, without direction about what's going in around it. He
said he would like to see a deferment until the Board has a better idea of what's happening in
the area.
Bender said she understands the point, but even though she had the same initial reaction that
this is different from the way the Board usually conducts business, she feels comfortable that
City staff has the option to review the details for this facility and she has faith in that planning
process. She said she doesn't feel like the club is in the middle of nowhere. Haigh said he
meant the Board doesn't know how the area around the club is going to be developed. Bender
responded that's why we have City staff. She said she is comfortable with it as long as the
condition that all of the platting and approval go before staff and Council. Corcoran said its
inherent in this kind of project that as Mr. Speer pointed out is a seven to ten year project.
Bender said the applicant made a valid point in that it makes sense for marketing the property
when there is a real asset as opposed to some proposed concept. It would be to their
advantage in marketing the neighborhood plan. It's not how the Board has traditionally done
business, and this concept is new to Iowa City. She said she has faith in staff and the layers of
bureaucracy that thiswill have to go through.
L. Brandt said he is less concerned about the Board giving authority over to City staff, primarily
because there isn't anything developed in the immediate area. It's just in the planning stages,
and there isn't anybody immediately affected by it. He said in the six month time frame
something has to start happening, so prospective buyers will know what to expect. In terms of
Board of Adjustment
May 13, 1998
Page 15
the standard for special exceptions concerning impact on the neighborhood, it's not negatively
impacting anything at all. The basic standards are met.
Corcoran said she will vote in favor. She said the standards are met.
The amended main motion carried on a vote of 4-0.
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 (PRM) zone at 130 Jefferson Street.
MOTION: Bender moved to defer EXC98-0009 indefinitely to a future meeting of the
Board. Corcoran seconded the motion. The motion carried by a vote of 4-0.
EXC98-0010. Public hearing on an application submitted by The Place/Commercial Real Estate
for a special exception to permit an auto and truck-oriented use, a drive-up service for the
Walgreens Pharmacy, for property located in the Community Commercial (CC-2) zone at First
Avenue and Muscatine Avenue.
MOTION: L. Brandt moved to defer EXC98-0010 to the June 10, 1998 meeting. Bender
seconded the motion. The motion carried by a vote of 4-0.
EXC98-0011. Public hearing on an application submitted by Hodge Construction for a special
exception to permit a restaurant with an occupancy load greater than 100 to be established and
for a special exception to permit parking in excess of 110% of the required off-street parking for
property located in the Neighborhood Commercial (CN-1) zone at 200 Scott Court.
Rockwell said last year Hodge Construction requested a special exception to permit a 4,666
square foot restaurant, and to allow over 110% of the required off-street parking. On October 8,
1997, the Board denied this request, feeling that this use would be more intense and regional in
nature, and would generate more vehicular traffic than is intended or suitable for businesses in
the CN-1 zone. The Board's decision was based on comparing characteristics and attributes of
other restaurants with similar square footage in the community. The Board found that the
proposed overall size of the restaurant, including accessory spaces could create unacceptable
levels of traffic and parking demands.
Rockwell said on April 7 1998, the City Council approved an amendment to the Zoning Chapter
which changed the calculations for the size of restaurants in the CN-1 zone from being based
on floor area square footage to being based on occupancy load. The idea was that some
restaurants might have a lot of storage, large kitchens, and a modest-sized seating area, but
their square footage would be counted just the same as a restaurant with a small kitchen, small
storage areas, and a large seating area. To make it more equitable according to the actual
intensity of use, the Zoning Chapter was amended to permit restaurants with an occupancy
load of 100 or less on a provisional basis in the CN-1 zone, but restaurants with an occupancy
level over 100 are only permitted by special exception.
Rockwell said Hodge Construction now requests that the Board consider its application for a
special exception to establish a restaurant with an occupancy level that exceeds 100, and to
grant a special exception to allow over 110% of the required off-street parking for the restaurant
to be installed on the property. The application involves the same size restaurant (4,666 square
feet) as previously reviewed by the Board in 1997, and shows 35 parking spaces and 11
landbanked spaces as were approved on May 8, 1996, for the 3,376 square foot restaurant.
Board of Adjustment
May 13, 1998
Page 16
Rockwell said the Board is aware of the intent of the CN-1 zone, the level of development and
the types of businesses that are most suited for the zone. The CN-1 zone regulations
encourage the development of small-scale restaurants to serve the surrounding neighborhood.
It provides an additional level of public scrutiny through Board of Adjustment review of
restaurants with an occupancy load greater than 100. This allows the Board to determine on a
case by case basis whether a larger restaurant may be appropriate.
Rockwell said the proposed restaurant would have an occupancy level of 110, according to the
calculations of the City Housing and Inspection Services Department of the most recently
submitted restaurant floor plan. When the original floor plan was submitted by the applicant, an
occupancy level of 138 had been calculated by the applicant's engineer. The applicant then
submitted a revised floor plan that reduced the seating from 127 to 115 by reconfiguring the
seating area within the restaurant and changing all fixed booths to chairs and tables. The only
fixed seating left were the counter stools. The occupancy level has been reduced to 110.
Rockwell said with an occupancy level of 110, the proposed restaurant is likely to have only a
slightly higher intensity of business than restaurants with an occupancy level of 100 that are
permitted in a CN-1 zone by right and are considered appropriate for the CN-1 zone. The 110
occupancy load is comparable to the Dubuque Street Burger King on the pedestrian mall and
Hungry Hobo/That's Rentertainment on Riverside Drive, and would be less than the 135 indoor
occupancy load of Jimmy's Brick Oven Cafb that is located on the Walden Square CN-1 zone
off Mormon Trek Boulevard. Rockwell said it should be noted that the seating capacity of 115
that is now proposed for the Streit restaurant is in fairly close alignment to the 110 seating
capacity cited for the 1996 application that was approved by the Board.
Rockwell said in looking at parking for this restaurant, 21 parking spaces are required, and
without a special exception, a maximum of 23 parking spaces would be allowed. The applicant
has included additional buffering and pedestrian links in the site plan to offset the impact of the
parking on the surrounding residential area, and is willing to landbank 11 of the parking spaces
until the need for additional parking is documented. Because the property is located on a cul-
de-sac street, and the design of this particular CN-1 zone does not provide for shared parking,
it may be advisable to allow the higher level of parking spaces to reduce the possibility of
spillover parking onto adjacent, but separate commercial properties.
Rockwell said the intensity of the proposed restaurant with an occupancy level of 110 appears
to meet the intent of the CN-1 zone to provide a neighborhood, not a regional business. The
applicant's proposed landscaping and willingness to provide more than the required parking on
the site will help alleviate the impacts of vehicular traffic on neighboring commercial and
residential properties. Locating the building on the north part of the site places a structural
buffer between the restaurant parking area on the south and the residential uses immediately
north of this property.
Rockwell said if the Board decides to approve EXC98-0011, staff would suggest that the
approval be subject to the following conditions: that the applicant will install curbing at the east
end of the 35-space parking lot and will seed or sod the landbanked area prior to a certificate of
occupancy being issued for the restaurant, and that the 11 additional parking spaces shown in
the landbanked parking area on the site plan may be installed only upon approval by the
Director of Planning and Community Development if the applicant, after a period of at least six
months from the date of occupancy of the building, clearly demonstrates a need for the
additional parking.
Rockwell said because there have been cases in the past where site plans have been
submitted at the time of the Board hearing, but not carried out at the time of construction (for
Board of Adjustment
May 13, 1998
Page 17
example, sidewalks, landscaping, screening shown on site plans, but not installed), the Board
may want to consider an additional condition to make approval subject to the sidewalk and
landscaping being installed consistent with the site plan submitted with the application and date-
stamped April 16, 1998.
Haigh said he was under the impression that if sidewalk and landscaping were on a site plan, it
would have to be done. Rockwell said that is not the case. The permit can be issued based on
a site plan approved according to the technical requirements of site plan review, which would
not require a sidewalk or landscaping as shown. The minimum requirements would be met, but
may not reflect the sidewalks and landscaping as shown on the site plan.
L. Brandt asked if a certificate of occupancy would need to be issued before the restaurant can
be used. Rockwell said yes. L. Brandt asked if that was a City process. Rockwell said yes. L.
Brandt asked if a condition should be put on the approval that said the sidewalks and
landscaping would be put in place before a certificate of occupancy were issued. He wondered
if the Board has that authority. Rockwell said yes, but the Board may want to allow some
latitude so that the landscaping can be installed as weather conditions allow. Holecek said the
additional condition bolsters the City's ability to enforce and follow up on the inclusion of
landscaping and buffering as shown on the site plan. She said it is an additional mechanism
that will give the City more leverage if it is necessary to do an enforcement action.
L. Brandt asked if it were possible to put a condition that all the rest of the property that showed
landscaping and buffering in this CN-1 zone should be in place before this Board approval goes
into effect. Holecek said that is not under the Board's jurisdiction at this time. L. Brandt asked
what if it were the same property owner. Holecek said this is a separate application. Previous
applications have nothing to do with the particular request now before the Board.
Rockwell said she thinks the intention of the applicant is to provide landscaping and sidewalks
as shown. She noted that the Board often uses this type of condition to get some assurance
that the site plan will be implemented as shown to the Board. Some of the positive aspects of
this application involve the landscaping, the way the building is placed and the pedestrian
access as shown on the site plan.
L. Brandt said that what the Board is looking at is an application that is the same as what the
Board approved in May 1996, minus the basement. The footprint is the same. Five seats have
been added. But, the code has been changed to look at occupancy load rather than square
footage. Rockwell said it was Council's feeling that occupancy load is a truer measure of how
the building is being used.
Public hearing opened.
Kirsten Frey, counsel for the applicant, said it is important to note that the applicant has worked
hard to meet the needs of City staff, the neighborhood, and the proposed restaurant. She thinks
the plan is an example that this can be done. This application is very similar to the application
that was approved in 1996 and the subsequent application in 1997 that was denied, because of
the square footage included the basement. That was appropriate under the then-existing
regulations. At that time she didn't think the basement should be included in the square footage
calculations, because it really didn't impact the community. It didn't need more parking. It didn't
have additional people sitting down there. Now that battle is won.
Frey said basing the application on the occupancy load is a fair measure of what the impact on
the community will be. The application does request an occupancy load of 110. It is smaller
Board of Adjustment
May 13, 1998
Page 18
than other restaurants that have been approved in CN-1 zones. Jimmy's has an indoor
occupancy of 135, and an additional occupancy of 60 outside, for a total of 195.
Frey said the parking is exactly the same as was approved in the 1996 application, so shouldn't
have any additional impact, The application has had a lot of public support, City Council
support, and applicant support, and the applicant has been working with staff to develop staff
support for the application. She said she thinks the application is consistent with the purposes
of the CN-1 zone.
Holecek asked if the application was for 110 or 115. Rockwell said the restaurant is proposed to
have a 115 seating capacity, and a 110 occupancy level. Frey said the occupancy load is
determined according to the uniform commercial building code. The code looks at various areas
and determines how many people per square foot the area has, so it is different from seating.
L. Brandt asked Frey if she had any concern about the conditions recommended by staff. Frey
said she had no problem with the one she'd seen before the meeting. She had no idea that the
second condition was coming. She thought no other properties were involved here, and the
applicant has the full intention of providing the landscaping and screening as shown. She didn't
think it was appropriate to get into other issues.
Holecek said the staff recommendation wasn't regarding other properties. It was a condition
that landscaping and sidewalks be added to the site per the site plan submitted with the
application. Frey said she understands that, but it is her understanding that the justification for
that condition was based solely on other properties and information having nothing to do with
this property. Holecek said a condition that is saying that one will follow through with that which
is included on a site plan bolsters enforcement mechanisms. Frey said her client doesn't have a
problem complying with the site plan, but she wondered about the appropriateness of
considering things that aren't before the Board.
Rockwell said a similar condition was placed on the Latter-Day Saints project heard earlier
tonight. She said staff thinks the church fully intends to implement the site plan submitted for
the Board's consideration, but the condition assures that what is proposed will be carried out.
Frey said she has no problem with the condition, she has problems with the presentation of
arguments about things having nothing to do with this property before the Board. Rockwell said
there has been a precedent set in this CN-1 zone that sidewalks shown on site plans have not
been installed. Holecek said for the Board's purpose, it is very common to place as a condition
of approval that things that are shown on the site plan will be installed. It's not an unusual
condition being placed on this application.
Dennis Boelk, Construction Manager with Hodge Construction, said in all the projects he has
run over numerous years, he has had to turn a site plan in to get a CO. He has had to have the.
trees planted, the sidewalks installed, the bike rack installed, or the dumpster screened. He
doesn't understand why other people haven't had to have theirs done. Rockwell said the
difference is this zone is a commercial subdivision with a private street, and sidewalks were not
part of the platting process. Boelk said if it shows it on the site plan, is it not required to do it as
the site plan specifies. Rockwell said no, not unless there is a condition that it will be done.
Boelk said he builds according to site plans. Rockwell complimented him for doing so.
Public hearing closed.
MOTION: Bender moved to approve EXC98-0011, a special exception to allow a
restaurant with an occupancy level of 110 to be established, and a special exception to
modify the parking requirements to allow 35-parking spaces to be installed on property
Board of Adjustment
May 13, 1998
Page 19
located in the CN-1 zone at 200 Scoff Court with the following conditions: 1) that the
applicant will install curbing at the east end of the 35 space parking lot and will seed or
sod the landbanked area prior to a certificate of occupancy being issued for the
restaurant, 2) that the 11 additional parking spaces shown in the landbanked parking
area on the site plan may be installed only upon approval by the Director of Planning and
Community Development if the applicant, after a period of at least six months from the
date of occupancy of the building, clearly demonstrates a need for the additional
parking, and 3) the sidewalks and landscaping being installed consistent with the site
plan submitted with the application and date-stamped April 16, 1998. Corcoran seconded
the motion.
Bender said she is glad to see this issue resolved before the Board of Adjustment. She said the
applicant made an effort to work with staff, and she is happy that the City Council clarified the
occupancy load versus square footage issue. Bender said in essence this application was
already approved. It has a good deal of public support. She said she has no problems with the
restaurant conditions or intensity. She said she sees it as appropriate in the CN-1 zone. She
said staff made a good point in addressing the parking issue, because she would hate to see
parking spill over into the neighborhood. She guessed that the landbanked parking will have to
be used soon. She hoped this restaurant will remain a neighborhood restaurant.
L. Brandt said the standards were met when the Board approved this in May 1996. The
arguments made then are still in place. When it came back to the Board after the square
footage dispute, the Board suggested the need to go back to City Council and the Planning and
Zoning Commission and examine the issue for legislative remedies.
Corcoran said she wasn't on the Board when it looked at this application in 1996, but is happy
the applicant worked so well with the City.
Haigh said this is the same application as what was approved in May 1996. He said he is
pleased the applicant and staff have worked well together.
The motion carried by a vote of 4-0.
OTHER
Rockwell distributed the Board/Commission Business Listing. She said some City contracts with
consultants are not bid out in a public bidding process, but are done through requests for
proposals that give the City more flexibility in choosing who will do consultant work. There is a
provision in the State Code that says if a City Board or Commission member is an owner of a
certain percentage of stock in a company (5%), a contract cannot be offered by the City to that
company as such a contract would be null and void.
Holecek said any remuneration or compensation that is affected by any contracts would have a
statutory conflict of interest. The next issue looked at for conflict of interest is if there is an
appearance of impropriety or if the Board members are uncomfortable making a determination.
This is an attempt to identify any conflicts a Board or Commission member may have prior to
mandating a resignation.
Corcoran asked if it had to be ownership in a corporation. Holecek said yes. Rockwell said this
affects only the request for proposals type of contractual arrangement. It does diminish the
number of capable people able to serve on City Boards and Commissions.
Board of Adjustment
May 13, 1998
Page 20
Members expressed support for continuing to have no staff recommendation attached to the
staff reports. It was felt that it was better in terms of public perception that the Board was
making its own decision, although the Board feels that occurs regardless of whether there is a
staff recommendation.
Haigh said the new 5:00 p.m. Board meeting time needs to be consistently put forward for the
public. There was some confusion between the notice letters and the postings about the
meeting starting time.
BOARD OF ADJUSTMENT INFORMATION:
L. Brandt said he will not be present for the June meeting. Haigh said he will not be able to
vote on the Walgreen item at the June meeting because of conflict of interest, so it is important
that the other three members are able to attend and vote on this item at the June meeting.
ADJOURNMENT
The meeting was adjourned at 7:53 p.m.
William Haigh, Board CHairperson
Melod R~ck el~_~ard Secretary
Minutes submitted by Lisa Randolph
ppdadmin\mins\boa5-13.doc
SIGN IN SHEET
Name Address
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IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, MAY 13, 1998 - 5 P.M.
CIVIC CENTER COUNCIL CHAMBERS
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MINUTES
IOWA CITY BOARD OF APPEALS
MONDAY, APRIL 6, 1998 - 4:30 P.M.
LOBBY CONFERENCE ROOM, IOWA CITY CIVIC CENTER
MEMBERS PRESENT:
Anna Buss, Robert Carlson, Gary Haman, Wayne Maas, John Staska,
Tom Werderitsch
MEMBERS ABSENT:
John Roffman
STAFF PRESENT:
Ron Boose, Roger Jensen, Dennis Mitchell, Bernie Osvald
OTHERS PRESENT:
Dan Bontrager, Dave Hodge, Craig Pettit
I. -, CALL TO ORDER
The meeting was called to order at 4:40 p.m. by Chairperson Carlson.
2. CONSIDERATION OF THE MINUTES OF THE MARCH 2, 1998 MEETING
Maas moved to approve the minutes of the March 2, 1998 meeting as submitted. Buss seconded. The
motion carried unanimously 6-0.
CONSIDER A PROPOSAL FOR AN AGREEMENT WITH THE METRO PLUMBING BOARD
OF EXAMINERS FOR A LIMITED OPEN EXCHANGE OF JOURNEYMAN PLUMBERS
LICENSES
Haman said that he believed this agreement would be acceptable since it did not include master plumbers
and a master's license was necessary to obtain permits. Maas expressed concerned about whether the metro
area plumbers had passed the Block examination. Boose said that the metro area requires the Block exam
and that this agreement at>plies to plumbers with older licenses earned under the local exam, before the
Block exam was used. Haman pointed out that this agreement was only for a limited time and applied only
to journeyman plumbers. Osvald said that a reciprocal agreement had been in place with Cedar Rapids until
the Metro licenses were issued. When Metro licenses were issued, only journeyman plumbers who had
passed the Block exam were granted reciprocity rights with Iowa City. This agreement would allow those
plumbers kolding older licenses tO become licensed in Iowa City. Osvald also pointed out that continuing
education will be required under the new agreement. Boose said that an Iowa City plumber who gets a
Metro license under this agreement will be required to take continuing education courses in order to keep
the Metro license.
Carlson moved to approve the agreement as enumerated in the letter dated April 6, 1998 and addressed to
the Metro Plumbing Board of Examiners. Haman seconded. The motion carried unanimously.
Iowa City Board of Appeals
April 6, 1998
page two
HEAR A REQUEST FOR A MODIFICATION OF THE REQUIREMENTS OF SECTION
1006.11 AND SECTION 3204 OF THE. UNIFORM BUILDING CODE FOR A HISTORIC
STRUCTURE AT 130 JEFFERSON STREET
Boose said that the developer is required to install two conforming exits as a part of the renovation of this
building. Under the amended building plans, bedrooms are planned for the back of the building and the
egress windows for those bedrooms are approximately 4.5 feet from the exterior stairs at the back of the
building. Boose said that the code requires building openings within ten feet horizontally of an exterior
stair tower must be three-quarter hour fire protected. Boose pointed out to the Board that the historic
building preservation code would allow modification of the UBC requirement. Carlson noted that fn'e-rated
windows are available and wondered why a modification was needed if windows are available which meet
the code standard. Pettit said that fire-rated windows are not egress windows. Carlson asked why. Pettit
said their distributor was unable to find any fire-rated windows large enough to meet egress requirements.
Carlson said he had spoken with a company who carried fire-rated egress windows. Boose asked if the fire-
rated windows were available in any size. Carlson replied that this company said they could custom-make
the windows to any specifications. Buss asked for the Fire Department's opinion. Jensen said that fire-
rated windows would certainly be preferable. Jensen also said that the tire-rated windows would be an
improvement over what previously existed. Hodge said they could find a three-quarter hour window with a
metal frame, but that the window was not self-closing in the event of a tire. Carlson said that the window
he found was a single-hung window that was balanced so that it would stay open or closed but also has a
fusible link which will overcome the balance at a certain temperature and close the window. The window
could be reopened after the fusible link had closed the window but without the aid of the balance. Hodge
said he had not seen the windows Carlson found, and indicated that they are trying to match all the
windows. Maas asked how much weight must be lifted to raise the window after the fusible link had closed
the window. Carlson replied that the weight of the glass would have to be lifted to open the window, which
depending on the size of the window could be heavy. Maas wondered if these windows would perhaps pose
a greater threat if considerable strength was required to open them once the fusible link dropped and closed
the window. Jensen said the Fire Depmhnent would prefer the heavier fire-rated window to an unrated
window. Maas asked if this would be preferred even if the weight of the window kept a person from
opening the window to escape. Jensen said that if the temperature at the window was sufficiently high to
cause the fusible link to drop, the Chances of a person being in the room trying to open the window were not
good. Carlson also said the window closing would protect persons exiting the building via the stair tower.
Carlson asked Hodge how soon an answer was needed on this modification and would Hodge contact the
company who makes the fire-rated windows and research the feasibility of using them. Boose said the
building permit for this project had been delayed pending a decision on the windows. Hodge said they
would like to get the permit and would take a week to look into these tire-rated windows but the bottom line
was cost and appearance. Boose stated that, in terms of appearance, the back side of the building would
probably be the least noticeable since the windows will be right next to the stairs. Werderitsch suggested
that Hodge take a week and investigate the option of fire-rated windows and if the cost is comparable, the
fire-rated windows should be used. Carlson disagreed with the idea that life-safety issues should hinge
upon cost. Werderitsch said that there should be a reasonable limit placed on the cost of the improvements
required. Maas said that the fire-rated windows would probably cost considerably more than unrated
Iowa City Board of Appeals
April 6, 1998
page three
windows. Boose said three windows would be affected by the decision. Hodge said the total number of
windows being replaced in the building is 143.
After some discussion of how to best render a decision once the additional information had been obtained
by Hodge, Carlson moved to defer the request for a modification on the windows. Werderitsch seconded.
The motion carried unanimously.
Carlson asked if any of the Board members had an objection to the request for a modification to
accommodate the reconstruction of the balcony on the south face of the building. Werderitsch asked if a
similar balcony had previously existed. Hodge said it had. Werderitsch moved to grant the modification.
Haman seconded. The motion carried unanimously.
HEAR A REQUEST FOR A MODIFICATION OF SECTION 310.6.1 OF THE UNIFORM
BUILDING CODE FOR A STRUCTURE AT 1350 SANTA FE DRIVE
Werderitsch asked if this was a new house. Bontrager replied that the house was built in 1990. Werderitsch
asked how the problem developed. Boose said that Bontrager had applied for a permit for a basement finish
and typically the only plans required for such a permit are floor plan drawings of the basement. Boose said
elevation drawings are not usually required and therefore, no determination on ceiling height can be made,
but there usually is no problem. When an inspector went to look at the framing, it was discovered that over
half of the basement room is under a sunken living room on the main floor and subsequently does not meet
the ceiling height requirement of seven feet, six inches, which must be met in at least two-thirds of the
room. Boose said that this request meets some of the requirements for granting a modification, but staff
fails to see how the test of a special individual reason which makes the strict letter of the code impractical is
met. Werderitsch asked if the suggestion then is to not allow the basement to be finished. Carlson said the
first 17 feet (of23 feet) of the basement could be finished, because the two-thirds ceiling height requirement
could be met in that area, but the back six feet could not be finished, and could be used as storage, for
example. Boose said that a two-foot closet currently exists at the back of the basement, which mitigates the
amount of floor area that does not meet the ceiling height requirement. Werderitsch said when the house
was constructed the basement under the living room should have been similarly set down to maintain proper
ceiling height. Bontrager said the basement had been used as a computer area, and finishing the basement
will not substantially alter the use of the space. Werderitsch asked if the unfinished basement was
considered a violation. Boose replied that it was not a violation since it was considered nonhabitable space
and suggested that moving the wall and designating the space as a home office would reduce the ceiling
height and natural light requirements. Boose said that staff does not see a practical problem with the
modification but cannot see how the request meets the code language. Carlson asked what made this
property different from other basements which have not met the ceiling height requirement and have
requested a modification. Boose said that a local amendment had been adopted to allow seven-foot ceilings
for basements in houses which had been constructed before 1989. Boose said that the permit for this house
was issued six months after the adoption of the local amendment. Werderitsch said that he agreed with
Boose about the strict language of the code but believed that this was perhaps a matter of timing and
thought granting the modification was reasonable. Carlson asked if the Fire Department had any objections.
Jensen replied that he did not. Carlson moved to grant the modification since it would be unreasonable to
require the applicant to raise the sunken living room floor to use the basement space as it is currently being
used, and allow the basement to be finished which would increase the safety of the house by installing a
Iowa City Board of Appeals
April 6~ 1998
page four
gypsum ceiling to protect the bottom of the floor joists. Buss seconded. Maas asked how this met the
language of the code. Carlson replied that this modification could be granted under the hardship clause and
not the uniqueness clause. The motion carried unanimously.
6. OTHER BUSINESS
Boose said that a letter had been received from Block and Associates which proposed changing all parts of
the Master Plumber and Journeyman Plumber exams to open-book. Boose said that currently the tests are
half open-book and half closed-book. Haman said there are certain things a plumber must know without
opening a book, and ifa plumber does not know those things, he or she should not be licensed. Haman said
he did not favor a completely open-book exam. Boose said staff agreed with Haman's position.
Werderitsch said plumbers previously passed the test with a closed-book portion and did not understand the
need for a change. Boose said he would respond to Block and Associates and indicate that Iowa City does
not favor a completely open-book exam.
7. ADJOURNMENT
Buss moved for adjournment at 5:20 p.m. Werderitsch seconded the motion. The motion was unanimously
approved and the meeting adjourned.
Minutes submitted by Kathy Zuckweiler.
Approved:
Robert Carlson, Board of Appeals Chair
Date
MINUTES
IOWA CITY HISTORIC PRESERVATION COMMISSION
THURSDAY, MAY 14, 1998 - 5:30 P.M.
COUNCIL CHAMBERS - CIVIC CENTER
PRELIMINARY1
Subject to Approval
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
Lars Anderson, Ann Cairns, Trudy Day, Mike Gunn, Betty Kelly,
Doris Malkmus, Pam Michaud, Michaelanne Widness
Frank Gersh
Scott Kugler
Marlys Svendsen, Kevin Hanick, Kirk Walther, Eleanor Steele,
Gretchen Holt, Lyell Henry, Jr., Nancy Swisher, Linda Shope, Jane
McCune, Sharon Malthreri, Gary Calhoun, Sharon Calhoun, George
Lance, Phyllis Lance, Henry Madden, Mary Ann Madden, Pam
Ehrhardt, Harrison Kan, Jeff Schabilion, Joni Kinsey, David
Arkush, Helene Lesage Arkush, Garrett Stewart, Ruedi Kuenzli,
Cecile Kuenzli
CALL TO ORDER:
Interim Vice Chair Kelly called the meeting to order at 5:36 p.m.
ELECTION OF OFFICERS:
MOTION: Kelly moved to nominate Malkmus as
seconded the motion.
Malkmus said her term is finished in March.
Commission Chairperson. Widness
MOTION: Anderson moved to nominate Kelly as Commission Vice Chairperson. Malkmus
seconded the motion. Both motions carried by a vote of 7-0.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
Cairns introduced her neighbor, Linda Shope, who is interested in Cairn' s Commission seat
when her term is finished.
Kugler said that Gunn would arrive at the meeting around 6:30, so the Certificate of
Appropriateness Review for 621 South Summit Street should be postponed in the agenda
until the because Gunn is the representative from that area. Commission members agreed
to postpone the item until Gunn arrived.
HISTORIC PRESERVATION AWARDS PROGRAM FOLLOW-UP:
Michaud said she is responsible for sending out the 'Thank You' notes to the speaker,
caterer and contributing organizations, but she needed a complete list. Kugler said he
would take care of the memo to the City Cable Department and to the City Manager, and
to have the catering bill sent directly to him.
Anderson said he thought there were about 75-80 people at the program. Svendsen said
the Masonic Temple was a great place to present. Malkmus said the Temple representative
HISTORIC PRESERVATION COMMISSION
MAY 14, 1998
PAGE 2
asked the Commission to hold the program there next year. Anderson suggested that
someone book the Temple for next year' s program. Cairns said one thing was that one of
the refreshments tables was already set for the Temple' s dinner, but the volunteers just
had to clear it off and reset it after the program was over. Kelly said she thought that
Svendsen's presentation was very good and educational. Anderson said he liked the
before/after and historical slides of the properties.
Svendsen suggested that a Commission member or two should be charged with finding
possible nominations throughout the year so more photos could be taken during the
renovation process. Anderson said the Commission usually uses the approved Certificates
of Appropriateness to find nominees. Kugler said when he could, he used the photographs
that the nominee had to submit for the Certificate of Appropriateness. Malkmus suggested
soliciting members of Friends of Historic Preservation to help with that. Widness asked
about including property within the County or other cities in the area. Kugler said the
program rules currently state that the Commission is limited to nominating Iowa City
properties. Cairns said she liked the shorter length of this year' s presentation, but maybe
the County could nominate a few properties during the presentation and the City would
reduce their number of nominees to keep the same program length. Kugler said he received
good comments on the signs in front of the nominated properties. Members discussed
expanding the nomination boundaries to include Coralville and University Heights.
DISCUSSION OF OWNERSHIP OF NAPOLEON PARK ARCHAEOLOGICAL ARTIFACTS:
Kugler said there is no catalog of the artifacts, but he has been told that while the artifacts
would be of interest to archaeologists, they would probably not be of much interest to the
public. He said that turning the artifacts over to the State Archaeologist's Office would
mean that they would be stored by a facility that closely meets the federal artifact storage
standards. He noted that the State Office is actually part of the University of Iowa, so it
will likely say in town. The artifacts would always be available for displays or study.
MOTION: Kelly moved to recommend to the Public Works Director to turn the Napoleon
Park Archaeological artifacts over to the State Archaeologists Office. Cairns seconded the
motion.
Kelly suggested that the Commission include a recommendation that accessibility to the
artifacts be guaranteed for educational purposes if necessary.
The motion carried by a vote of 7-0.
DISCUSSION OF GRANT PROJECTS:
Longfellow Neighborhood Survey, Phase II
Kugler said Naumann is waiting for comments on the report draft from the Commission
and the public. She is preparing the site form and the final report, and her deadline is
July 31, 1998.
HISTORIC PRESERVATION COMMISSION
MAY 14, 1998
PAGE 3
Original Town Plat Survey, Phase II
Kugler noted Svendsen's memo regarding properties that could be eligible for individual
City designation. He said that Mercy Hospital is closing on two homes (230 North Gilbert
and 411 Bloomington) by June 1, and there are other houses in that area that may be in
danger. Svendsen said Mercy also owns 218 North Gilbert, which is currently a gravel
parking area. Malkmus said that there are a number of houses on Market, Bloomington and
Gilbert that would be individually eligible, but there is not enough information at this time
to designate the entire area a historic district. Svendsen said she thought that a historic
district with a blend of commercial and residential buildings probably would be justified
along Gilbert Street, but she did not know the boundaries of it yet. Malkmus said that
Mercy could acquire the two houses, demolish them and preclude the historic district from
existing.
Kugler said a representative from Mercy attended the Original Town Plat II neighborhood
meeting, and said the hospital had no current plans for the buildings. Kelly suggested the
Commission decide which properties are the most valuable and get information to support
the nomination effort. Svendsen said she thought that Mercy could expand in any other
direction and be less historically damaging. She said she would be finalizing the site forms
on Monday. She said that Mercy could expand toward the one-way streets because the
area is contiguous that could serve as a fine buffer between the hospital and the
neighborhood. She said she was interested in knowing Mercy's programming needs in
terms of space, and if those needs could be served through the rehabilitation of one or two
of the buildings.
Kugler suggested inviting a Mercy representative to a Commission meeting or sending a
Commission subcommittee to one of Mercy's Board meetings. Svendsen said that if the
Commission is considering locally landmarking the buildings they need to start the process
immediately. Kugler said that the Commission would have to have a special meeting/public
hearing regarding the issue, prepare a nomination/report for the Planning and Zoning
Commission and City Council.
Kugler said the four properties that could be individually nominated are 230, 214 and 210
North Gilbert and 411 Bloomington. He said that 204 and 402 Market are likely to be
contributory properties if a historic district was formed in that area. Malkmus suggested
nominating the four individual properties as Iowa City landmarks, and then see if they could
be included as part of a historic district. Commission members decided to set the public
hearing for May 28. Svendsen said that she would forward the site forms for the four
properties, and Malkmus and Anderson said they would put that information into a
nomination report.
Early Neighborhood Northeast of the Original Town Plat Survey, Phase III
Kugler said the HRDP grant application was sent in, and he will know the
September or October.
results in
HISTORIC PRESERVATION COMMISSION
MAY 14, 1998
PAGE 4
REPORTS FROM TASK GROUPS:
Conservation Districts
Michaud said that the draft of the menu items for the districts is finished, and they just
need the illustrations to accompany the text. Kugler said no progress has been made on
this item. He said the base standards have been developed and will be taken to the
neighborhoods in June or July.
Historic Landmarks
Malkmus said that the ethnic theme they are planning to use is 'African-American
Community in Iowa City" and they have three properties in mind. She said that the Tate
Arms Boarding House, the first property, will be very difficult to designate as an Iowa City
landmark. She said that the second property, 942 Iowa Ave., was the Iowa Federation of
Colored Women's Association and a boarding house for African-American women
students, and it could benefit from Friends grants for rehabilitation. She said the African
Methodist Episcopal Church is the third property and it already has a historic designation,
so they are ready for a National Historic Landmark Designation.
Malkmus said she is trying to turn some of the work and research over to interested
community members. She said that there is also a building that was a shoe repair business
on Clinton Street that could be part of the grouping, but more research needs to be done
on that.
Maps/Brochures
Widness and Kelly said that the question and answer form has been redrafted. They said
the map was their next project. Kugler said there are less than 50 copies of the maps left,
and noted that the City has gone through 14,000+ copies. He said the original map was
printed in the late 1980' s and was reprinted again in the early 1990' s.
Financial Incentives
Kugler said that this group is defunct because the Commission decided no action needed to
be taken this year. Day said that she would like to be on the Historic Landmarks task
group, and Kugler said he talked to Gunn about being on the Certificate of Appropriateness
task group.
Code Issues
Kugler said Shaw said he will continue to work on this issue even though he is no longer a
Commission member.
NOTICE OF DECLARATION OF DANGEROUS BUILDING: 127 E. COLLEGE STREET:
Kugler said that some mortar or back plastering fell through the roof of the walkway
between this building and the Holiday Inn. He said a repair order has been issued, but there
may need to be a special meeting to review any exterior changes or improvements. He said
that it could be scheduled during the May 28 meeting if necessary.
HISTORIC PRESERVATION COMMISSION
MAY 14, 1998
PAGE 5
CONSIDERATION OF THE APRIL 9, 1998, MEETING MINUTES:
Malkmus said on page 4 under 'Historic Landmarks'; the sixth sentence should say that 'It
is not a realistic possibility...", and in the first sentence of the last paragraph of that
section it should read, 'Malkmus said they are planning to turn some leadership of the
project over to..."
MOTION: Anderson moved to approve the April 9, 1998, meeting minutes as amended.
Kelly seconded the motion. The motion carried by a vote of 7-0.
COMMISSION INFORMATION/DISCUSSION:
Kelly said the Amana Society is presenting a workshop called, 'Restore Your Old-House
Landscape"and Scott Kunis will be the speaker. She said the cost is $10, and the morning
session is for houses built from 1800-1870, while the afternoon session is for houses built
from 1870-1940.
Svendsen asked if the Commission was still interested in having her present a workshop on
historic paint colors. Malkmus suggested presenting the workshop in the fall. Kelly
suggested bringing in another speaker on another topic to make it an all-day workshop that
could be advertised state-wide. Svendsen said she would bring in fall dates that she would
be available the next time she was in town.
(Gunn arrived at 6:47 p.m.)
Kugler passed out a form for Commission members to fill out informing the City of
ownership interest in any business or entity that the City might do business with. He said
the forms should be turned in over the next couple of weeks.
CERTIFICATE OF APPROPRIATENESS REVIEW: 621 S. SUMMIT STREET:
Kugler showed overhead transparencies of the proposed site plans, floor plans and
elevations for the property, and said the application is for an addition to the rear of the
home to provide accessibility and a more compatible living space for a disabled occupant.
He explained that the Commission operates under the Secretary of Interior' s Standards for
Rehabilitation to determine if the proposed addition is appropriate and the standards are
being met.
Gary and Judith Calhoun said they are coming back to Iowa City, and are interested in the
house at 621 S. Summit Street. J. Calhoun said that the house and its Georgian
architecture is similar what they are currently living in, and explained why G. Calhoun
cannot fully access two of the four rooms on the first floor of the house because the
doorways are not wide enough for his wheelchair to pass through. She said they
considered retro-fitting an elevator, but if the electricity goes out or the elevator breaks
down G. Calhoun would be trapped on the second or third floor of the house. She said the
addition includes an attached garage because the current garage does not meet current
ADA standards and it is very far from the house. She said that they are proposing to take
HISTORIC PRESERVATION COMMISSION
MAY 14, 1998
PAGE 6
all of the handicapped elements and put them inside the addition, which would include the
garage, one bedroom, two bathrooms, a small den, and a laundry facility, and the actual
interior of the house would not be changed.
Malkmus said that it is not unusual for the Commission to deal with modification requests
due to special needs. She said the Commission would like more information regarding the
applicants attempts to covert the existing space inside the house.
J. Calhoun said their architect is David Daininn, and she said they cannot accommodate
their special needs without changing the architectural integrity of the house, which is
something they do not want to do. G. Calhoun said someone suggested ramping, and he
thought that would destroy the look of the house. He said there were no accessible
bathroom options on the first or second floor.
Malkmus said that the Commission is obligated by the City to protect the historic integrity
of the building, and she said she thought the mass of the addition overwhelmed the historic
nature of the house as it is currently proposed.
Public discussion was opened.
Ruedi Kuenzli, 705 S. Summit Street, said that the Summit Street historic district was
created in 1973, and is the oldest in the City. He said that a historic district has added
restrictions for historic preservation purposes. He noted two other houses in the district
have been modified and made accessible within the structure, and the proposed addition
for 621 S. Summit Street is larger than most of the family houses. He urged the Calhoun' s
to make use of the approximate 4,000 square feet inside the structure, and offered
alternative suggestions such as building a driveway to the porch on the south side of the
house, enlarging and enclosing the porch for the van, access the house through the living
room, install an elevator and convert a bedroom to a wheelchair accessible bathroom.
Nancv Swisher, 917 Bowery, said the alley between the Henry's and her house was not
considered to be a through street, and she did not think there should be additional traffic in
the alley. She said she thought the proposed changes caused by the addition would be
apparent from Summit Street.
Lvell Henrv, 921 Bowerv, said he thought the back yard of 621 S. Summit Street would
disappear if the addition is built. He also said that neighbors will be able to see the addition.
George Lance, 609 S. Summit, said he thought that people would see the addition from
Summit Street. He said there is a slope of five feet from the back of the house to the
proposed parking pad, so a large amount of fill would have to be added, and that could
cause drainage problems for immediate neighbors. He also noted that the alley is not
currently paved.
Cecile Kuenzli, 705 S. Summit, said that she was concerned about the limited future use of
the house if the addition is built. She said that she has seen houses that grow larger or are
too large for single families to keep up and afford turn into fraternity and sorority houses,
HISTORIC PRESERVATION COMMISSION
MAY 14, 1998
PAGE 7
or multi-residential facilities. She said the need is valid for the Calhoun' s use, but it would
be a destabilizing factor for the neighborhood when they move out.
David Arkush, 730 S. Summit, said he sympathized with the Calhoun' s needs, but he was
astonished about the addition size, and he thought the addition was out of proportion with
the rest of the house and with the rest of the historical district. He said if the addition was
passed it would set a frightening precedent for the district.
Joni Kinsey, 423 Church, said she was the President of Friends of Historic Preservation,
and she was supporting the neighbors. She said that the Secretary of Interior' s Standards
emphasize the minimal impact for any alterations on a historic structure for the integrity
and aesthetics of the building and the space around the building. She said that she thought
the future use of the building was also important. She said it is the stewardship of the
Historic Preservation Commission and others interested in historic preservation to guard the
integrity of the neighborhoods for their future historical significance. She said that she
thought there could be another way to accommodate the Calhoun's needs without
destroying the scale and the character of the yard and the neighborhood.
Eleanor Steele, 710 S. Summit, said she thought historic preservation was a community
based idea, and she did not feel that this type of building needed to get any larger than it
already is. She said that she thought the Commission needed to remind district residents of
their responsibilities regarding their properties, and she thought when people live in a
community it was important that they do things in a neighborly way.
Kevin Hanick, 1830 Friendship, said he thought it was incumbent for the Commission to
encourage and accommodate the requests for Certificates of Appropriateness. He said
when he was a member of the Historic Preservation Commission, the Commission was
always able to work with the applicants when there was a problem.
Steele asked if Hanick had a vested interest as a realtor, and she asked that anyone else
who spoke would identify if they had a particular interest. J. Calhoun said the addition was
1,500 square feet, not including the garage, and she thought that some people were
operating under misconceptions about it's size. Cairns said she did not think that it was
necessarily the square feet that bothered people as much as it was the addition' s visual
mass.
Michaud noted the letter from David Perret, who is a former Summit Street resident. Kugler
also noted the letter from absent Commission member Frank Gersh. Kugler read the main
concerns from both letters. J. Calhoun said that they are willing to work with people, and
the proposed plan is not totally complete. She said that the attached garage is a necessity,
so if the Commission has a problem with that to please let them know. R. Kuenzli showed
his driveway proposal on the overhead transparency. G. Calhoun said that the garage level
has to be raised so high for him to be able to access it, and he cannot imagine anyone
preferring a garage on the south side of the house instead of the porch that is currently
there. J. Calhoun said that putting the garage on the south side of the house would result
in a significant encroachment onto the Kuenzli's property. G. Calhoun said that the
chimney and the fireplace are also in the middle of the suggested area.
HISTORIC PRESERVATION COMMISSION
MAY 14, 1998
PAGE 8
Henry Madden, 426 S. Summit, said he thought the concept of the historic property
included the entire property, not just the building.
Michaud said that Perret's letter said the east-west access to the house will be so
extended the house will not be the original shape.
Jeff Schabilion, 431 Rundell, said he thought the proposal has legitimate reasons to fit the
Calhoun's needs, and he thought it was good that they proposed a minimum of
modifications to the original house. However, he noted the Commission's duty to hold
preservation and integrity as its highest goals.
Public discussion was closed.
Kugler said the Commission has the options of approving the certificate, approving the
certificate with conditions, deferring the action until a later meeting with the permission of
the applicant, or deny the request. He said in the past the Commission has tried work with
an applicant to come up with acceptable solution. Kelly said she thought there were four
issues regarding the request, which were the property terrain, the size of the addition as
compared to the size of the original house, visibility and setting precedent for future use of
the property. She asked if the Calhoun' s would consider a reduction in the addition size
because she thought a compromise could be reached if they did that. Anderson said he
also thought the size was the main issue, and suggested that a new design be created with
a size reduction.
J. Calhoun said they are open to other ideas regarding the landscape architecture. She said
that G. Calhoun has to be out of his current residence by Sept. 15, so they need to move
forward with the project. Anderson said the Commission could schedule a special meeting
to accommodate the Calhoun' s if the item was deferred.
Anderson asked if some of the addition could be shifted directly behind the house so some
of the yard could be saved. Malkmus suggested that the Calhoun's work with a local
architect who has worked with the Commission and Iowa City historic districts in the past.
J. Calhoun noted that the attached garage is not a negotiable issue for them, so the
Commission needs to let them know if that is a problem. Michaud suggested constructing
an enclosed breezeway between the house and a detached garage, which would spread out
the mass and give G. Calhoun a safe, covered way to access the house.
Kugler said since the Commission has not dealt with an application for an attached garage,
he would try to find some more information about that before the next meeting. Malkmus
said that it was the combination of the garage, the one-story addition and the two-story
addition that make the mass and the scale so large. Widness said she would like to see a
greater effort to retrofit the existing structure.
MOTION: Anderson moved to defer the item to the next meeting.
HISTORIC PRESERVATION COMMISSION
MAY 14, 1998
PAGE 9
Malkmus said she would like to hear each member' s opinion before a motion.
Gunn said that his biggest concern for the project was the overall scale that it imposes on
the neighborhood. He said he would try to find a way to accommodate an attached
garage. J. Calhoun said that it was fine with them to defer the item to a later date.
(Kelly left the meeting at 7:57 p.m.)
Cairns noted that the applicants do not have to match the materials of the original house
with the addition. She said it is often recommended that an addition be made from
different materials, and that it could be removed in an affordable way at a later date. She
said this would also leave a clue that the addition is not part of the original house.
MOTION: Day moved to defer the Certificate of Appropriateness on 621 S. Summit Street
until the Commission' s next regular meeting or a special meeting if necessary. Anderson
seconded the motion. The motion carried by a vote of 7-0.
(Anderson left at 8 p.m.)
Kugler said that everyone who attended this meeting would be notified of the meeting time
that this item would be reconsidered.
ADJOURNMENT:
MOTION: Michaud moved to adjourn the meeting. Cairns seconded the motion. The
motion carried by a vote of 6-0, and the meeting was adjourned at 8:04 p.m.
Minutes submitted by Traci Howard.
ppdadmin~min\hpc5-14,doc
IOWA CITY HUMAN RIGHTS COMMISSION
MINUTES
April 27, 1998 Meeting
COMMISSION MEMBERS PRESENT:
Tom Dickerson, Pat Harvey, Joan Jehle,
Major, Diane Martin, Ann Shires,
Thomopulos, Art Vincent, Jan Warren
Charles
Mettie
COMMISSION MEMBERS ABSENT: None.
STAFF PRESENT:
Heather Shank, Kaci Carolan
CALL TO ORDER:
Chairperson Harvey called the meeting to order at 7:05 p.m.
APPROVAL OF MINUTES: Carolan noted one correction to the March minutes. The
minutes were then approved as amended. Shires/Jehle. All in favor; no opposed.
RECOMMENDATIONS TO COUNCIL: None.
SENIOR CENTER PANEL: The panel presentation at the Senior Center is set for May 20, 1998 at
2:00 p.m. The panel will consist of Tom Dickerson, Joan Jehle, Art Vincent, and Kaci Carolan;
Heather Shank will act as moderator/facilitator. Shank will distribute a list of potential questions to
the panel members, so they can think about their responses. The questions will be based on those
commonly posed to Shank by the general public. Carolan will walk through the investigative
process and any pertinent law. The discussion will then be opened for questions. The panel will be
videotaped.
Shank indicated that we will be ready to hold more of a discussion-oriented program if the
crowd is very small. Harvey suggested the panel also cover some of the differences between the
local ordinance and the state and federal laws.
Harvey asked whether the Commission was still interested in preparing an
expanded/extended version of this panel as an evening program at the library. Shank expressed the
opinion that a lot of people in Iowa City don't know the Commission exists or that they can come
to us with complaints. Vincent noted that most of the students he goes to school with don't know
we exist. Warren inquired as to potential audience. Shank indicated that she felt many employers
would attend, because they just don't understand what we do or what's involved--and unless a
complaint is filed against them, they don't have an opportunity to gain this information.
The Commission expressed interest in doing the general evening panel. However, there is
already have an evening program scheduled for June (Jonathan Wilson). The summer months
don't seem to be a good time since so many people go out of town. Therefore, the Commission is
tentatively considering this for September.
In terms of getting the word out about who we are and what we do, Warren suggested
Shank contact the Office of Admissions at UI. They prepare a handbook each year with University
and community resources, and Warren suggested we at least ask if a brief paragraph on the
Commission could be included for the 1999-2000 school year. (1998-99 handbook has already been
printed.)
Human Rights Commission
April 27, 1998 Minutes
Page 2
OLD BUSINESS:
ICRC Training. Shank had the gas and per diem food money for attendees. She indicated
that Martin (who is driving) wants to leave at 9:30, so the other Commissioners riding with her
need to be at the Civic Center before then. Jehle said she thought the Commissioners should
contribute something themselves, and that she would not accept the food per diem.
Keynote Speaker for '98 Breakfast: Shank has written and e-mailed Professor Anaya. He
is currently in Sweden, but should be returning to Albuquerque soon. She hopes to have a response
from him within the next few weeks. This item will be placed back on the agenda for the May
meeting.
Accessible Caucus Sites: Warren has the cover letter and form drafted; she will give copies
to Harvey and Martin for their input/feedback. Shank indicated that Dilkes has said she thinks it's
okay for City buildings to be used for political meetings, but is doing further research on the matter.
The letter will be mailed to the appropriate people at the University and to the schools. Shank said
she would compile the information for the City buildings. Shank relayed a message from Martin
(who had not yet arrived at the meeting). Martin talked to a school board member. The school
board acknowledges that some of the school buildings are not accessible--for example, Horace
Mann. Therefore, the surveys must be mailed to each individual school. This item will be placed
back on the agenda for May.
Town Meeting on Race Relations II: Attendance was approximately 175 people. Press
coverage (before and after) was good; Warren has the clips if anyone wants to look at them. Most
Commissioners had gotten positive feedback. Vincent indicated that almost all the feedback he had
heard had been neutral to negative. One person described the meeting as "lame and tame." Vincent
clarified that he didn't share that view, but he wanted to pass those cormnents along to the
Commission.
As for future plans, the DiverseCities steering committee is meeting on May 21. They will
plan the next full D-Team meeting (inviting all of the people who have expressed interest in the
course of the Town Meetings). The D-Team will hopefully then take over this project and plan
Town Meeting III. There was some discussion of whether or not the Commission should fully
withdraw from the planning of the third event. The consensus was that the Commission should
give this to the D-Team, and if it becomes necessary, the Commission can take the project back
over at a later date.
HUD Substantial Equivalencv: Shank reported on the legal opinion we recently received
from HUD regarding the revised Human Rights Ordinance. HUD had requested several changes
(one of which at least is somewhat complicated) and one of which is in direct contradiction to an
earlier change they had requested (which had been made). Shank reported on her conversations
with various HUD personnel about this, expressing how difficult it would be to go to Council to
request changes when HUD had assured us (in the pre-amendment review) that the last set of
changes would be sufficient. HUD wanted to sign a memorandum of understanding with the
City/Commission (outlining how the law is to be interpreted and enforced) instead of revising the
law again. Shank declined; if the law is to be enforced, it must be clear what that law is. The
Human Rights Commission
April 27, 1998 Minutes
Page 3
revisions will be made and the Ordinance submitted to counsel once again.
Revision of By-Laws: Administrative Closure: Major and Vincent hope to have an
opportunity to do this during their free time in Des Moines this week. They will try to have a draft
ready for next month. This item will be placed back on the agenda for May.
NEW BUSINESS:
Libby Creger: Libby was an investigator for the Dubuque Commission. She died in
childbirth last week at the age of 30. Shank sent a floral arrangement to the visitation on behalf of
ICHRC. Commissioners who wanted to could contribute toward this may do so. The money was
not taken from the ICHRC budget.
Letter to ICRC on Sexual Orientation: There was a draft letter in the packet. Shank
explained that it had been drafted in response to recent statements/public appearances by two state
Commissioners. The State Commissioners said they didn't feel sexual orientation should be
included as a protected category under state law because homosexuals could "change" and therefore
didn't need protection. Shank inquired whether the Commission as a whole wanted to write a letter
to the ICRC (incorporating some, all, or none of the points in the draft). Harvey will prepare a draft
for Commission review. Harvey also noted that this is perhaps fortuitous timing, in that if we
intend to ask once again that the ICRC put this topic on their Fall Agenda, we need to make that
request fairly soon. For the benefit of the new Commissioners, Warren briefly outlined the history
of our Commission and the state Commission on this topic.
NEW BUSINESS
Regional Civil Rights Conference: ICRC will pay for one Commissioner to attend the
regional conference in Des Moines on July 16 and 17. There was discussion about the agenda and
whether it would be worthwhile for someone to go. Vincent offered to attend on behalf of the
Commission.
Harvey: had some follow up questions regarding the article in the packet about civil rights
commissions across the country.
Dickerson: There is a disability self-advocacy group starting up. Their first meeting will be
Thursday, May 21, at 6:00 p.m. at Shakey's in Coralville.
Dickerson: brought up a letter that ran in two newspapers from Carol DeProsse regarding
the treatment of Karen Kubby by other City Council members.
REPORTS OF COMMISSIONERS:
Shank: Reported that she and Bill Crews gave a speech to City High students Monday
afternoon on same sex marriage. The group to whom they spoke was the Multi-Cultural Anti-
Discrimination Anti-Sexist organization.
Warren: told a story regarding a UI student's encounter with Governor Branstad.
Vincent: spoke about the negative feedback he received on the Town Meeting.
Jehle: Asked if anyone attended the UNA event on 4/18. Also discussed a presentation by
Human Rights Commission
April 27, 1998 Minutes
Page 4
the Bahai', at which she was the only attendee. Also passed along that those folks were very
interested in the D-Team.
Major: shared his perception of the Town Meetings. Also indicated that one of the Bahai'
individuals had specifically said that they had asked the Commission to do something of this nature
several years ago, and that Commission declined.
Major: went to a Peace Brigade meeting. The Peace Brigade are volunteers who go to
countries in conflict and escort people--go with them to work, shopping, wherever they go.
STATUS OF CASES:
There are two cases in legal. There were two voluntary withdrawals and two administrative
closures. There is one appeal pending.
NEXT COMMISSION MEETING: The May meeting will be May 18, 1998 in the Civic Center
Lobby Conference Room.
ADJOURNMENT: The meeting adjourned at 8:28 p.m. Dickerson/Vincent.
04/30/98 transcribed by kkc
IOWA CITY HUMAN RIGHTS COMMISSION
MINUTES
May 18, 1998 Meeting
COMMISSION MEMBERS PRESENT:
Tom Dickerson, Pat Harvey, Joan Jehle, Charles Major,
Diane Martin, Mettie Thomopulos, Jan Warren
COMMISSION MEMBERS ABSENT: Ann Shires, Art Vincent
STAFF PRESENT:
Heather Shank, Kaci Carolan
CALL TO ORDER:
Chairperson Harvey called the meeting to order at 7:01 p.m.
APPROVAL OF MINUTES: Martin moved, Jehle seconded to approve the April minutes.
All in favor; no opposed. The Minutes were approved.
RECOMMENDATIONS TO COUNCIL: None.
SENIOR CENTER PANEL: Coming up this week, Wednesday, May 20, 1998 at 2:00 p.m. Some
draft questions were in the packet. We've been scheduled for an hour-and-a-halE
OLD BUSINESS:
Keynote Speaker for '98 Breakfast: Professor James Anaya has declined. Shank subsequently
asked Reverend Reggie Blount. Thomopulos spoke to him regarding this, and reports that he would
have been honored to speak, but he is leaving the area. There's a chance he might remain the
Reverend for the church here, but he won't know for about a month. There was discussion about
whether the Commission wanted to wait and see if Reverend Blount would still be available, or
whether they wished to ask someone else. Other potential speakers were discussed, as were
networking resources for additional ideas. The Commission decided to wait until June to see if
Reverend Blount would be available, and if he cannot be the speaker, be prepared to swiftly ask one of
the other possibilities. This item will be placed back on the agenda for June.
Accessible Caucus Sites: Warren, Martin, and Harvey passed around the form and cover letter
for the Commission's approval. The list of recipients was again reviewed, including the University
contacts. A self-addressed stamped envelope will go out with the forms to improve the response rate.
Shank reported on the legality of caucuses being held in City buildings. The meeting rooms in
the Civic Center are available only ifa City staff person is present. However, other City buildings are
available--specifically, the Rec Center, the Transit Building, the Senior Center, and the IC Public
Library. Shank said she would compile the City info if Warren would provide her with the forms.
Revision of By-Laws: Administrative Closure: Major reported that he had spoken to Shank
and Carolan about the admin provisions in the Ordinance itself. He had reviewed these with Vincent.
They concurred that this language was clear and f'me, and therefore should just be added into the by-
laws. Harvey indicated that we might want to try to make the passages a little more concise for the by-
laws. Carolan agreed she would do this and have a draft in the next packet. This item will go back on
the agenda for June. This matter will have to go before the Council by-law committee.
Human Rights Commission
May 18, 1998 Minutes
Page 2
Letter to ICRC on Sexual Orientation: Carolan passed around a revised draft of the letter
which was in the April packet for Commission consideration. Warren suggested two small changes,
which were approved by the rest of the Commission. The Commissioners all signed the letter.
Carolan will send the letter to Don Grove for inclusion in the next ICRC meeting packet. Discussion
was held about other people/organization to whom the Commission wished to send a copy of this
letter. It was agreed that the letter would be sent to the media contacts, the other local Commissions,
and the state legislators. It was noted that McCormick, who is a gubernatorial candidate, has said that
he will try to get sexual orientation added to the state civil rights law if he's elected.
NEW BUSINESS
Contact with Council re: upcoming agenda items: If there is another occasion where the
Council is going to be considering an agenda item on which the Commission wishes to express an
opinion, it will be up to the individual Commissioners to contact the Council directly. Staff will not
act as a liaison in this regard, although Council members may be told to contact Shank should they
have specific questions about the HR ordinance, etc. Harvey indicated that she felt strongly that this
issue was a two-way street. She believes there have been times when Council has directed calls or
comments to Shank or other staff personnel which should more properly be directed to the
Commissioners or to Harvey as Chair. Several other Commissioners agreed. Carolan passed out the
new Council contact information sheet.
Open Meetings Law: Shank reminded Commissioners that everything that is said in the
Commission meetings must be recorded and included in the minutes. Therefore, if Commissioners
have comments or concerns which they do not wish reflected in the minutes, the comments should not
be made. Shank will include the Open Meetings statute in the June packet.
Commissioner Use of City Vehicles: Shank reported that if there is another occasion where a
Commissioner wants to check out a City car, she or Carolan will need to make a xerox copy of the
Commissioner's driver's license. City employees provide this when they commence employment, but
it hadn't arisen in relation to Commissioners before because no one had ever used a City car.
Gay Pride Parade: is scheduled for Saturday, June 20, 1998. We have a table, from 10 a.m.
until 4:00 p.m. Shank and Martin will staff the table from 10:00 until 1:00; Carolan and Jehle from
1:00 until 4:00 p.m. Major said he could be a backup for the afternoon shift.
GLB Panel: Lori Haag has put together a panel on gay/lesbian rights. She had asked if the
ICHRC would co-sponsor. Mainly ICHRC's involvement will be in helping to publicize the event--
posting posters, etc. The panel will be Tuesday, June 9, 1998 at 8:00 p.m. in meeting room A of the
ICPL.
Shank: asked the Commissioners to complete the business ownership forms, and to correct
their contact information for the municipal directory.
REPORTS OF COMMISSIONERS:
Major: reported on the local Commissioner training that he, Jehle, Martin, and Vincent
attended. He found it very interesting and was glad to go. He said Shank was very good on her panel,
and it was well received. Major was very impressed by Walter Reed (from Waterloo). Major was
somewhat surprised at what he perceived to be a cool attitude toward the Iowa City Commissioners.
Human Rights Commission
May 18, 1998 Minutes
Page 3
He also talked about SST Communications (a group that does skit-type presentations to provoke
thought and discussion).
Martin: Spoke some more about SST, and that she found them really impressive. Martin was
also very impressed with law professor Peter Blank, who spoke on the ADA.
Jehle: noted that she felt it was a very worthwhile conference to Commissioners to attend as
often as possible.
Jehle: reported on the meeting at Old Brick on sexual orientation and the church (Revs. Steve
Sabin and Jimmy Creech).
Jehle: also pointed out that Theresa Kopatich, a former Human Rights Award winner, is
expanding her program/efforts. She hopes to buy the Iowa Lodge (on the Coralville strip) and convert
a large portion of it into transitional housing.
Warren: commented on NYC Mayor Rudy Gulliani's efforts to extend New York City
benefits to same sex partners; it sounds as if those efforts will be successful. She also noted that this
makes a salient counter-argument to those people who claim the addition of same-sex partners to
benefit programs will bankrupt their city. There was a letter to the editor in the Cedar Rapids Gazette
along those lines.
Harvey: reported briefly on the recent City Council meeting, at which she and Martin
represented the Commission vis-h-vis the changes to the Housing Authority guidelines. Harvey
expressed her thanks to Shank and Martin for attending. Warren commended Harvey on her
presentation.
Maior: Noted that ENDA and its effect the state civil rights laws had also been discussed at
the Commissioner training. Shank indicated that ENDA is still in the Senate, they're waiting for one
more vote (which they think they have); after the Senate vote, the measure will go to the House.
STATUS OF CASES:
There is one case in legal; Team B has a case. Notification letters in one appeal will go out this
week. There's one investigative summary pending. There are two mediations scheduled for May.
NEXT COMMISSION MEETING: The June meeting will be June 22, 1998, 7:00 p.m., in the Civic
Center Lobby Conference Room.
ADJOURNMENT: The meeting adjourned at 8:20 p.m. Warren/Thomopulos.
05/25/98 transcribed by kkc
MINUTES
IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES
REGULAR MEETING
MEETING ROOM A
THURSDAY, APRIL 23, 1998 - 5:00 PM
Agenda item 3A
Members Present:
Linda Dellsperger, Mary McMurray, Mark Martin, Lisa Parker, Jesse
Singerman, Anne Spencer, Jim Swaim,
Members Absent: Stephen Greenleaf, Chuck Traw
Staff Present:
Barbara Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green,
Martha Lubaroff, Hal Penick, Bridget Quinn-Carey
Others:
CALL TO ORDER:
President Singerman called the meeting to order at 5:05 pm
APPROVAL OF MINUTES:
The minutes for the regular meeting of March 26, 1998 were approved unanimously after a
motion. Parker/Martin
UNFINISHED BUSINESS
Unfinished Business
A. Building Project:
Craig reported that no firm conclusions had been reached at the most recent City Council
discussion of the sales tax and its use. Although the Library remains a central focus of the
sales tax component, there are other issues that have not been resolved. During a discussion
by Council regarding excluding operating costs for a new facility as a portion of the tax
proposal, Craig reminded Council that the reason we did not have a referendum last year was
because of the issue of operating expenses. They decided to leave 10% for operating costs
for both facilities in the proposal for the time being. There is a possibility that a proposal might
be ready and on the agenda for Monday night's meeting. If not then, maybe in the month of
May. The Board discussed when the vote might take place. It seems that Council members
feel committed to a November referendum in order to keep their word to the Library Board,
however if discussions continue over weeks and if Coralville indicates that they would prefer
waiting, Council may be willing to wait but be concerned about their commitment to the Board.
The question of what happens if one portion of the referendum passes and the other one does
not remains to be resolved. There is feeling on the part of some Council people that if 60%
of the people vote for a new library and the sales tax does not pass, somehow the library
should be built. Parker informed the Board that she is serving on the Chamber's Sales Tax Task
Force and is frequently asked about how the Library Board feels about issues related to their
discussion. Craig reminded the Board that a focus group study for the expansion project and
CenterSpace will be conducted next week.
ICPL BOARD OF TRUSTEES
APRIL 23, 1998
PAGE 2
Agenda item 3A
Craig asked the Board for feedback about the timing of a referendum. At what point will we
say it is too late to do it in November? Dellsperger stated although she would like to see it on
the ballot in November, if things aren't set up, she could be comfortable waiting until February.
We need time to mount a campaign. Swaim recommends that we advise anyone who asks that
since timing is related to our success at the ballot, and if it is believed that in order to succeed,
a postponement would be helpful, he would be comfortable with it. However he would want
to be clear that the Board believes they could mount a successful plan for a November ballot.
The latest Council could approve language for a November referendum would be August but
realistically this is not enough time fora campaign. Craig feels certain that both the tax and
the building referendum would be on the same ballot. A decision should be made by May if it
is going to be on the ballot by November. Singerman will send a letter to Council stating the
Board's position on timing.
Craig included information on local sales option taxes in the packet. She asked if there were
questions.
NEW BUSINESS
Community Relations Policy. This new policy came about when we were reviewing the
Community Relations policy last year and realized that what we actually had was a Public
Relations policy. It was renamed, and this new policy proposal developed. Spencer questioned
the wisdom of having a Board policy that dictates what staff do routinely. The response from
staff was that it is reassuring and validating to have the Board believe in the importance of
these guidelines. There was an addition to paragraph 700.4. It will read "membership in the
Chamber of Commerce and other civic organizations will be maintained".
The policy was adopted unanimously after a motion by Swaim/Martin
Park & Shop. During our budget process for FY99, Craig estimated that it would cost over
$40,000 a year to offer some sort of free parking. However, at the actual budget hearing, the
library was encouraged to look into the issue and told that the cost would not necessarily be
taken out of our operating budget. Both the City Manager and Council members encouraged
the Board to pursue it. The City would provide the one hour free parking in an attended lot or
parking garage. The Board was in favor of pursuing it since parking is one of the issues with
which the public is most dissatisfied. Craig will discuss with Atkins how to proceed.
STAFF REPORTS
Demo of Library's Web Page
Clark and Penick demonstrated the Library's Web Page. Clark explained the many links that
would be coming in the future and the wide variety of information that would be available. The
most recent project is working with Transit to get the bus route maps up. They look really
good.
RFP Update: A series of meetings was held with our consultant during which seven responses
from vendors were reviewed. The field was narrowed down to three companies. We will have
ICPL BOARD OF TRUSTEES
APRIL 23, 1998
PAGE 3
Agenda item 3A
them here for three 2 day sessions and then meet with the consultant, select a vendor, make
a recommendation to the Board in June, and sign a contract in July. When schedules are
firmed up, we will send them to Board members so they may look at the systems if they wish.
Carver Grant. This past Tuesday we received a letter from the Carver Trust informing us that
we were awarded $60,000 to be used to enhance the total automation project. With this
additional funding we should be able to really do the project right. Part of the funding is for
training materials and time. This Iowa-based foundation is very supportive to libraries. We are
very proud to have received three major technological grants this year. Craig explained that one
of the great features of the Gates grant that we received last month is that one person from
each library awarded a grant is invited to a two week expense paid, training session in Seattle.
If we choose to send an additional person they will waive tuition.
Development Office: Report included in packet. A mailing went out last Friday and returns have
been good. Sustaining fund is doing well. Smart Alec is ready to make himself known in June.
PRESIDENT'S REPORT
Building committee meets next week.
COMMITTEE REPORTS
The Director Evaluation committee will meet next Tuesday to talk about modifying the
instrument/tool used to evaluate Craig. Then it will then be mailed out to Board members.
FINANCIAL REPORTS
Nine month reports:
Gifts & Bequests report looks typical for this time of year. We are just beginning to spend the
funds in 53112and 53113 which is endowment money to be spent on library materials.
Receipts: Three quarters through the year and we have collected over 80% of projected
receipts for the general fund. Enterprise fund is up a little from last year. The number of
photocopies is dropping, largely due to printing from other sources. A problem we have to
solve is how to print from other sources and charge for it. We plan to have a solution by next
year.
Open Access is up slightly. State Legislature is finished for the year. The end result is that we
did not get funding for Enrich Iowa and had to fight attempts to take money from other library
programs to provide one-time grants. There was some increase in Open access funding and
funding for State operated electronic resources was retained.
Budget comparison. The operating budget reflects 73.6% spent at three quarters through the
year.
ICPL BOARD OF TRUSTEES
APRIL 23, 1998
PAGE 4
Agenda item 3A
Other reports
Circulation by User. Coralville circulation is up. Craig pointed out that when percentage of
reciprocal borrowing goes up, the percentage of county users goes down which affects our
funding from Johnson County.
DISBURSEMENTS
Review VISA expenditures.
Disbursements for March were approved after a motion. Dellsperger/Spencer
SET AGENDA ORDER MAY MEETING
No policies for next month. Craig suggested a brief overview of collection development.
Building update.
Martin raised the issue of replacing Trustees on the Friends Foundation Board and asked for
clarification about when it was done. Eckholt explained that It takes place at the meeting in
June. The slate is presented, two library board members are appointed and then elected in
June. They take office at the July quarterly meeting of Foundation Board. Eckholt explained
the system and the linkage for checks and balances. Eckholt believes that this should be
looked at, some streamlining done and bylaws reviewed. How active a participant should
library board members be? Does the Foundation lose something having two Board members
who are unable to carry out additional responsibilities? Eckh01t explained that it is a formality;
that the responsibilities are to this Board and acting as a representative of library Board for one
year.
Will we have a Trustee dinner in July? No new Trustees are coming on the Board. There was
agreement to continue the tradition.
ADJOURNMENT:
Meeting was adjourned at 6:30 after a motion by Spencer/Martin
Minutes taken and submitted by Martha Lubaroff
MINUTES
PARKS AND RECREATION COMMISSION
MAY 13, 1998
MEMBERS PRESENT:
Ken Fearing, Judith Klink, Bruce Maurer, Matt
Pacha, Rex Pruess, Allen Stroh, Kathy Wallace
MEMBERS ABSENT:
Barbara Endel, Ross Wilburn
STAFF PRESENT:
Terry Trueblood,
Marilyn Kriz
Mike Moran, Terry Robinson,
GUESTS PRESENT:
David Dawes (Pepperwood Neighborhood Association);
Jane Klitzka and Mary Lewis (Grant Wood
Neighborhood Association); Jeffrey Schabilion and
Pam Ehrhardt (Longfellow Neighborhood Association)
FORMAL ACTION TAKEN
Moved by Maurer, seconded by Stroh, to aDDrove the April 8, 1998 minutes
as written. Unanimous.
FY99 PIN GRANT APPLICATIONS
Marcia Klingaman, Neighborhood Services Coordinator, presented a brief
summary of the grant applications from neighborhood associations for
funding through the 1999 PIN Grant Program, and introduced
representatives present from various neighborhood associations.
Jeffrey Schabilion, Longfellow Neighborhood Association representative,
addressed the commission with respect to their three PIN Grant
applications: Ralston Creek Trail Perennial Plantings and Tree/Plant
Identification; Longfellow Trees IV; and Backyard Conservation.
The Ralston Creek Trail project is at the final phase of the project to
plant trees and shrubs along the west bank at the old ADS site between
Sheridan Avenue and the railroad tracks. Plantings will be labeled with
permanent identification markers to provide an added educational aspect.
The Longfellow Trees IV project is an extension of a program restoring
native street trees. The targeted area is on the north and south sides
of East College and Burlington Streets between Summit and Muscatine
Streets. Trees will be planted in the public right-of-way if it is
large enough to accommodate the trees; if not, adjoining property owners
will be asked to plant the trees on their property. Residents have
volunteered their time to identify sites, select appropriate trees and
plant and care for them until they are established. Klink asked if
adjoining property owners had been contacted, with Schabilion indicating
preliminary contacts had been made and no tree will be planted if the
property owner does not want it, even if it is to be planted in the
adjoining city right-of-way.
Parks and Recreation Commission
May 13, 1998
Page 2
The Backyard Conservation project is to increase conservation awareness
and efforts of neighborhood residents. During the proposed Kick-off
Fair~ there will be demonstrations on tree planting and recycling
techniques. Pruess asked if they anticipated controversy to building
and erecting bat houses; Schabilion stated this will be part of the
educational process to do proper maintenance on houses to prevent bats
getting into them and providing alternative sites for bats. Klink noted
recycling yard waste produces marvelous compost but some people do not
like compost piles. Schabilion stated it is an issue that is not
emotionally neutral and this is their way of doing a pilot project to
allow questions to be asked and answered. Klink commended the
Longfellow Neighborhood for their energy in putting the grant
applications together and their neighborhood beautification efforts.
Schabilion indicated Pam Ehrhardt deserved the credit for putting
together the grant applications.
Mary Lewis, the Grant Wood Neighborhood Association representative,
addressed the commission with respect to their grant application to
purchase and install play equipment in Fairmeadows Park. Magazines
depicting the equipment they would like to purchase were circulated.
She indicated they would like to purchase and install a "Balance Walk"
and a sign explaining the various exercises that can be done with it, an
8' aluminum swinging bench, and a "4-Wheeler" play structure and "Giant
Outdoor Muscle Man". She stated the park is becoming much more heavily
used, and the extra equipment will help take care of the explosion of
people the park is experiencing.
David Dawes, the Pepperwood Neighborhood Association representative,
addressed the commission with respect to their grant application to
purchase and plant trees on the north and south sides of Sandusky Drive
from Keokuk to the end of the development. There is a 10' median which
meets the minimum criteria to plant trees in the city right-of-way.
There are very few trees in this relatively new neighborhood and trees
will help beautify it. Pruess asked about last year's application to
plant trees on lower Sandusky Drive from Taylor Drive to Keokuk Street;
Dawes indicated they will finish planting those trees later this summer.
Maurer indicated it was his understanding that trees planted on city
property had to be approved by the Parks and Forestry Superintendent.
Robinson stated he worked with Klingaman and the various neighborhood
groups re tree species, with all being very appropriate.
Pruess commented on the well organized neighborhood groups, noting it
was his perception that the same groups tend to get the funding year
after year. Klingaman stated that approximately 13 of the 20 organized
neighborhood associations have applied for and received funding. She
noted it is the well organized neighborhoods who are willing to do the
work involved in preparing the PIN grant applications and to do the work
once it has been approved. The commission had no objections to any of
the grant applications, and Klingaman stated she would forward the
commission's comments to the Neighborhood Council.
Parks and Recreation Commission
May 13, 1998
Page 3
OAKLAND CEMETERY EXPANSION UPDATE
Trueblood reviewed the conceptual cost estimate and projected
years/annual averages of lot sales. Phase I encompasses Area I which
includes earthwork, planting and some paving. Also included is a
mausoleum to make use of the steep hill in this area. A primary trail
in Hickory Hill Park comes into Areas III and IV, and should not be
greatly affected by Phase I. Area I will accommodate lot sales for 50-
64 years. The design firm has been instructed to submit a proposal to
do the final design work and construction documents; some construction
may be seen this fall. Trueblood noted once the boundaries are set for
Phase I staff will tag trees and make a special effort to try to save as
many of them as possible. He reported the City Council has agreed to
abide by the wishes of Gaulocher family members to designate the
remaining land for park use, but not dedicate it as parkland.
PENINSULA AND WATERWORKS PARKS UPDATE
Trueblood reported two consultants have been hired; Conservation Design
Form for the "peninsula park" site and Dunbar Jones for the waterworks
site. With respect to the peninsula area, he reported that the Elks
Club would like to lease about five acres of the parkland portion of the
Peninsula for a driving range. He expressed his feeling that perhaps it
would be an opportunity to negotiate a trade to provide for trail
access, connecting the Peninsula trail to Taft Speedway per the original
plan. There will likely be further discussion about this at a future
meeting. Wallace noted the need for the two consultants to consult each
other, in that the committee did not want the areas designed the same.
ANNUAL PARK TOUR
After discussion, the park tour was set for Wednesday, June 10. The
commission meeting will start at 4 p.m., with the tour to take place
shortly thereafter. Various sites mentioned as possibilities to include
on the tour are the Willow Creek trail south to Highway 6, the
Miller/Orchard area, the newest section of the Iowa River Corridor
Trail, Ned Ashton Park, the peninsula area, Napoleon Park, and the area
under the railroad tracks in the Longfellow neighborhood. Trueblood
asked the commission to either FAX or call him within the next two weeks
with any additional sites they would like to tour. Wallace and Maurer
indicated they would not be able to attend.
Parks and Recreation Commission
May 13, 1998
Page 4
COMMISSION TIME
Fearing indicated he received a request to spray Ryerson's Woods for
mosquitos. The person and his wife were walking the trails in the park
and had to leave due to the abundance of mosquitos. Various members
expressed their disapproval, noting the natural plants and inherent
nature of a wooded area.
Pruess stated during Council time at last night's City Council meeting
there was discussion on replacing the "parkland" in Hickory Hill Park
that will be used for cemetery purposes and the need for more land
around Hickory Hill Park for a buffer. He suggested that the Commission
should look at possible land acquisition in this area, and asked staff
to investigate the possibilities. With respect to the Willow Creek
trail, he noted there are three 6' x 12' culverts, one by Dane's Dairy
which is dry and could be used to cross the highway, allowing the trail
to continue along the airport to Ryerson's Woods. Trueblood stated
permission would need to be obtained from the Iowa Department of
Transportation. Pruess also noted during the City Council meeting it
had been mentioned that the Parks and Recreation Department's budget was
being used to pay for the trail from Benton Street down to Dane's Dairy.
Trueblood stated this was technically incorrect, noting that projects of
this nature are part of the City's overall Capital Improvement Program.
While it may be a Parks and Recreation project and a responsibility of
the department, it doesn't effect the operating budget until maintenance
begins to occur.
Klink indicated she had attended the workshop for development of a
neighborhood in the peninsula area. She stated it was an excellent
presentation by the group doing the design work. Her initial interest
was to be sure this area was linked to neighboring trails, elements of
which were covered.
Stroh noted the annual problem of weed growth in the rip rap at the
Scott Boulevard dam and an area on north Scott Boulevard along the
retaining wall, between the wall and sidewalk. Robinson stated spraying
would need to be done in order to take care of the problem, noting the
only thing opportunistic to grow in this area is weeds.
DIRECTOR'S REPORT
Trueblood reported on the following:
Board/Commission Member Business Listing - Board/Commission members are
being asked to complete the form listing any business in which they own
more than five percent. There is a State law which prohibits the City
from doing more than $1,500 worth of business annually with such a
business, other than competitive bidding.
Parks and Recreation Commission
May 13, 1998
Page 5
Skateboard Facility. Wooden obstacles were built last year and were
placed in the Civic Center parking lot for skateboarders to use after 6
p.m. The skateboard group wants to continue this practice this year.
The obstacles needed repaired, and the City purchased the materials and
the skateboard group was to complete the repair. Staff has been
instructed to gather information and develop a proposal for a skateboard
facility. A location has not been determined, but City Park and Terrell
Mill Park have been suggested.
Grass Mowing. Staff is behind schedule in grass mowing due to the rainy
weather, but is steadily making progress. One problem is low lying
areas that take time to dry out in order to mow them.
Boys Baseball Parking. On the opening night of the season 17 parking
tickets were issued to vehicles parked on the grass when there were
parking spaces available. Last year there was a problem with lack of
parking available in the parking lots due to Girls Softball games also
being held in City Park. This year the number of boys participating in
Boys Baseball is slightly down and Girls Softball is no longer using the
park for games. At this time notices are being placed on illegally
parked vehicles informing them that effective Monday, May 18 all
illegally parked vehicles will be ticketed. Fearing noted that parents
with small children expressed concern with speeding at the entrance to
the Boys Baseball diamonds and the Police Department has set up a speed
indicator that indicates how fast a vehicle is traveling.
NaDoleon Park. Due to the very wet Spring, the parking lot is not fully
completed. Opening day of the Girls Softball season is Monday, May 18.
City has hired Simpson Security to direct traffic into parking spaces
for at least the first two weeks. Maurer noted Girls Softball has also
staggered their game times. There are drainage problems with two of the
north fields probably due to the sewer project; will be remedied before
next year.
Miller/Orchard Area. A letter has been sent to the Ruppert family
expressing the City's interest in purchasing land for parkland.
The meeting was adjourned at 6:30 p.m.
MINUTES
PLANNING AND ZONING COMMISSION
MAY 21, 1998- 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
PRELIMINARY
Subject to opr0val
MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson,
Dean Shannon, Phil Shive, Lea Supple
MEMBERS ABSENT: None
STAFF PRESENT:
Bob Miklo, John Yapp, Sarah Holecek, Anne Schulte
OTHERS PRESENT: David Darr, Sandy Pickup, Chris Stephan, Howard Horan
RECOMMENDATIONS TO COUNCIL:
Recommend approval, by a vote of 7-0, of SUB98-0009/REZ98-0006, an application submitted
by Homes of Hoogerwerf, for a rezoning from Low Density Single-Family Residential (RS-5)
zone to a Sensitive Areas Overlay (OSA-5) zone, and a preliminary plat of Green Mountain
Meadow, a 6.53 acre, 15-1ot residential subdivision located at 2727 Rochester Avenue.
Recommend approval, by a vote of 7-0, of SUB98-0010, a request for preliminary and final plat
approval of a resubdivision of Lot 7, WB Development, a 1.78 acre, three-lot commercial
subdivision located at Naples Avenue and Escort Lane subject to: no building permits being
issued for the subdivision prior to the applicant demonstrating how many gallons per day of
sewage will be assigned to the lot, that there is capacity in the lift station serving WB
Development to accommodate the proposed use, no building permit being issued for Lot 3 prior
to the installation of a sanitary sewer service, and the approval of legal papers prior to Council
consideration.
Recommend approval, by a vote of 7-0, of VAC98-0003, a request to vacate Second Avenue
Court, located between First Avenue and Second Avenue, north of Muscatine Avenue, subject
to 1) the applicant obtaining letters of no objection from all the properties abutting the north and
south sides of Second Avenue Court, 2) the site plan generally conforming to the landscaping
plan submitted to the Department of Planning and Community Development on May 14, 1998,
3) the light from the site being no more than one foot-candle along the west and north property
lines, 4) pedestrian connections being included from the sidewalks along First Avenue and
Muscatine Avenue to the store entrance, 5) two feet of width being added to the landscaped
area between the sidewalk and the parking lot along the First Avenue frontage, 6) the entrance
drive along First Avenue being no wider than it needs to be to accommodate truck turning
movements, 7) the applicant dedicating 7 feet of frontage along Muscatine Avenue as public
right-of-way, and 2.5 feet of frontage along First Avenue as public right-of-way, 8) the store not
accepting truck deliveries between 10 p.m. and 6 a.m., and 9) the Director of Planning and
Community Development approving the height of the light poles on the west and the north sides
of the site.
CALL TO ORDER:
Chairperson Supple called the meeting to order at 7:38 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
Planning and Zoning Commission Minutes
May 21, 1998
Page 2
DEVELOPMENT ITEM:
SUB98-0009/REZ98-0006. Public discussion of an application submitted by Homes of
Hoogerwerf, for a rezoning from Low Density Single-Family Residential (RS-5) zone to a
Sensitive Areas Overlay (OSA-5) zone, and a preliminary plat of Green Mountain Meadow, a
6.53 acre, 15-1ot residential subdivision located at 2727 Rochester Avenue.
Miklo stated Public Works and the City Forester have both completed reviews of the subdivision
and have signed off on it. He said it meets all technical requirements and the City Forester finds
that the landscape buffer proposed for along Rochester Avenue at the back side of the double-
fronting lots will be a sufficient screen for those dwellings.
Miklo said there was a question as to whether this subdivision would be able to use the basin to
the south in an existing subdivision for storm water management. Miklo said that possibility
would be explored by the applicant's engineer before the final plat is submitted. He said the
preliminary plat does show storm water management on Lots 11, 12, 13, 14 and 15 of this
subdivision. Miklo said staff is recommending approval of this application.
Public discussion:
There was none.
Public discussion closed.
MOTION: Gibson moved to recommend approval of SUB98-0009/REZ98-0006, an
application submitted by Homes of Hoogerwerf, for a rezoning from Low Density Single-
Family Residential (RS-5) zone to a Sensitive Areas Overlay (OSA-5) zone, and a
preliminary plat of Green Mountain Meadow, a 6.53 acre, 15-1ot residential subdivision
located at 2727 Rochester Avenue. Shive seconded the motion.
Ehrhardt stated she hoped the buffer would not take 20 years to reach a sufficient height for
screening. Hoogerwerf replied he intends to start with six-foot high trees. Supple said she
usually votes no on a subdivision in which the present driveway is not eliminated. She said she
understood why this driveway cannot be eliminated and added that to eliminate this driveway at
the Riegler house would be a burden for whoever lives in the house because of the street
configuration. Supple said she would therefore be voting in favor.
The motion carried on a vote of 7-0.
SUB98-0010. Public discussion of an application submitted by Howard Winebrenner for a
preliminary and final plat approval of Lot 7, WB Development, a 1.78 acre, three-lot commercial
subdivision located at Naples Avenue and Escort Lane.
Yapp said this subdivision complies with all of the City's subdivision regulations, and the legal
papers have been submitted and are under review. He said the main issue concerns the lift
station that was installed when the development was first subdivided. Yapp said the lift station
has limited capacity because its design was based on the development being a collection of
automobile sales and service uses, which do not require a lot of sewage capacity. The applicant
has since decided to reinvest in their Stevens Drive location, and is marketing these lots for
other uses.
Planning and Zoning Commission Minutes
May 21,1998
Page 3
Yapp said the lift station has an excess capacity of roughly 4,000 gallons per day. He said as
building permits are taken out for each lot, staff recommends the applicant designate how many
gallons per day will go to that lot and provide the information to staff so that the engineering
staff will be able to check to see that the total capacity of the lift station is not being exceeded.
Regarding access, Yapp said both Lots 1 and 2 front on Escort Lane and will have access onto
Escort Lane. He added there is a note on the plat stating that Lot 1 shall not have access to
Naples Avenue. Yapp said Lot 3 only fronts on Naples Avenue, which is considered to be a
collector street. He said there is no sight distance problem for a driveway to Naples from Lot 3,
and staff would permit an access onto Naples Avenue. Yapp said although access onto Naples
would be acceptable to staff, staff feels an access from the south would be preferable. The
property owner is negotiating with Jeff Maxwell, who owns the property to the south, to
purchase the south half of Lot 7, and provide access to it.
Yapp said additional resubdivisions of these lots may limit the ability of the development to
function, given the capacity of the lift station and the possibility of access problems with
additional subdivisions of lots to the east. There is capacity in the lift station reserved for each
lot in the subdivision. However, a use which requires a lot of sewer capacity may use up much
of the capacity reserve, leaving little flexibility for future uses on remaining lots.
Yapp said staff recommends this subdivision be approved subject to: no building permits being
issued for the subdivision prior to the applicant demonstrating how many gallons per day of
sewage will be assigned to the lot, that there is capacity in the lift station serving WB
Development to accommodate the proposed use, no building permit being issued for Lot 3 prior
to the installation of a sanitary sewer service, and the approval of legal papers prior to Council
consideration.
Ehrhardt asked if the distance between the two streets at the intersection would still be alright if
the driveway were located in the far south corner of Lot 3. Yapp replied during site plan review,
staff would ensure that the driveway was at an appropriate location.
Bovbjerg asked if restrictions on the sewer capacity are such that redevelopment in this area
could be halted by the City if capacity is reached. Yapp said the City would have that power. He
said it is written in the lot owners' association papers for this development that each lot has a
certain amount of gallons per day issued to it and shall not exceed the total gallons per day that
the lift station can handle. Yapp said it is also spelled out in the subdivision papers so that the
City could deny a building permit for a lot if there is not sufficient sewer capacity. Holecek said
the restrictions were designed so that the City could track them through the building permit
process to ensure there will be sufficient capacity for any building constructed on Lots 1 through
7, which would include the new Lots 1 through 3.
Public discussion:
There was none.
Public discussion closed.
MOTION: Bovbjerg moved to recommend approval of SUB98-0010, a request for
preliminary and final plat approval of a resubdivision of Lot 7, WB Development, a 1.78
acre, three-lot commercial subdivision located at Naples Avenue and Escort Lane,
subject to: no building permits being issued for the subdivision prior to the applicant
demonstrating how many gallons per day of sewage will be assigned to the lot, that there
Planning and Zoning Commission Minutes
May 21, 1998
Page 4
is capacity in the lift station serving WB Development to accommodate the proposed
use, no building permit being issued for Lot 3 prior to the installation of a sanitary sewer
service, and the approval of legal papers prior to Council consideration. Ehrhardt
seconded the motion.
Gibson said there has been some discussion about future access to any similarly subdivided
Lots 5 and 6, in terms of the south portion of those lots. He said he was concerned that the
developer not allow himself to get into a situation where he had to fall on the Commission's
mercy to provide access to such lots. Gibson said it needs to be accommodated some way, and
the best way appears to be getting access through Outlot A.
The motion carried on a vote of 7-0.
VACATION ITEM:
VAC98-0003. Public discussion of an application submitted by The Place/Commercial Real
Estate to vacate Second Avenue Court, located between First Avenue and Second Avenue,
north of Muscatine Avenue.
Yapp said the applicant is developing a plan for a 15,700 square foot Walgreen's store and
pharmacy to occupy the south % of the block at the northwest corner of First and Muscatine
Avenues, an approximate 1.8-acre site. He stated Second Avenue Court currently provides
access to a few residential properties. Yapp said the applicant intends to purchase all of the
properties abutting Second Avenue Court on the north and south sides; therefore Second
Avenue Court would no longer be needed for access to individual residential properties.
Yapp said the Commission is considering the vacation of Second Avenue Court, and the
applicant has submitted a site plan, which gives details on what would be developed at this site.
He said by vacating the street, the City would be making possible a larger-scale commercial
development than would currently be possible. He added the development would be adjacent to
a residential neighborhood and is at the intersection of two arterial streets. Yapp said the
applicant has submitted a fairly detailed preliminary site plan and landscaping plan which shows
how adjacent properties will be buffered from on-site lights and headlights, how the rear of the
building will be screened, and how the development is compatible with existing commercial
development in the immediate area.
Yapp said the plan includes a keystone retaining wall and vegetative screening along the west
and north portions of the site and a decorative solid fence on the west and north perimeters of
the site to block headlights and to help screen the site. He said additional trees and shrubs will
be planted along the base of the retaining wall to help soften its appearance from nearby streets
and additional shrubs will be planted along the First Avenue and Muscatine Avenue frontages.
Yapp said the applicant is also proposing parking lot islands landscaped with deciduous and
evergreen shrubs. He said staff has recommended additional landscaping along the east
elevation of the building with the intent of having that view be softened by a few additional
shrubs, or, as an alternative, staff recommends the wall be broken up with some architectural
features if the additional shrubs are not acceptable.
Yapp said two access points to the property are proposed with one on First Avenue and one on
Muscatine Avenue. He said the one on Muscatine Avenue would replace four residential
driveways, and the one on First Avenue would replace one commercial driveway and the
Second Avenue Court access. Yapp added these access points are as far away from the
Planning and Zoning Commission Minutes
May 21, 1998
Page 5
signalized intersection as possible to allow the maximum amount of room for traffic to stack up.
Yapp said there is one pedestrian crosswalk shown on the landscaping plan, and staff
recommends that pedestrian accesses be installed from both the Muscatine Avenue sidewalk to
the entrance, as well as the First Avenue sidewalk. Concerning lighting, Yapp said staff is
proposing that there be a maximum of one foot-candle lighting standard at the property lines. A
similar standard is in place for the Hy-Vee across the street. He said a foot-candle is a unit of
measurement derived from the amount of light given off by one candle in one square foot.
Yapp said a concern raised by neighborhood residents is the timing of delivery trucks. He said
the applicant has stated he believed that most of the deliveries would take place in the morning
between 6 a.m. and 10 a.m. Yapp said it might be difficult to enforce this, but the applicant
informed him that he thought Walgreen's would be amenable to requiring that there be no
deliveries prior to 6 a.m.
Yapp said staff has requested the applicant dedicate seven feet of frontage along Muscatine
Avenue and two and a half feet of frontage along First Avenue as public right-of-way to bring the
right-of-ways of those streets up to the City's current standard of 85 feet and allow for the
installation of turning lanes or the widening of those streets in the future, should the need arise.
Yapp said staff recommends approval of this vacation subject to: 1) the applicant obtaining
letters of no objection from all the properties abutting the north and south sides of Second
Avenue Court, 2) the site plan generally conforming to the landscaping plan submitted to the
Department of Planning and Community Development on May 14, 1998, 3) the light from the
site being no more than one foot-candle at the property line, 4) pedestrian connections being
included from the sidewalks along First Avenue and Muscatine Avenue to the store entrance, 5)
two feet of width being added to the landscaped area between the sidewalk and the parking lot
along the First Avenue frontage, 6) the entrance drive along First Avenue being no wider than it
needs to be to accommodate truck turning movements, 7) the site plan showing additional
landscaped screening, such as shrubs, near the base of the east building wall, or architectural
features being included along the east wall, to help visually break up the wall, and 8) the
applicant dedicating 7 feet of frontage along Muscatine Avenue as public right-of-way, and 2.5
feet of frontage along First Avenue as public right-of-way.
Ehrhardt asked about the height of the lights. Yapp said the applicant has proposed using 30-
foot tall poles; he said Hy-Vee uses 35-foot tall poles on a three-foot base, making the lights 38
feet high. Shannon asked if the cedar trees along Second Avenue would remain. Yapp replied
both the City Forester and the developer are proposing the cedar trees be removed. He said
there are maple trees behind the cedars. Yapp said the City Forester has determined the cedar
trees are not as healthy as the maples, and it would be beneficial to remove the cedar trees to
allow the maple trees to mature to their maximum tree canopy.
Bovbjerg asked if condition number one required staff to receive letters of no objection or if it
means staff has not received any letters. Holecek said she has discussed with the applicant the
type of letter the City Attorney's office would like to receive, and it would contain a notarized
signature affirming that the abutting property owner has no objection to the vacation and
disposition. She said this condition requires an affirmative action.
David Darr, 2819 Wood Cliffe, San Antonio, Texas, 78230, said the letters of no objection from
properties abutting the north and south sides of Second Avenue Court will be issued. He said
the site plan will be submitted as shown and in response to staff's concerns regarding softening
the buffer between the commercial and residential uses. Darr said the lighting will follow the one
Planning and Zoning Commission Minutes
May 21,1998
Page 6
foot-candle restriction, but asked if that would be along Second Avenue. Yapp replied staff is
recommending it be along the property lines of the site, but the Second Avenue frontage is the
one staff is most concerned with. Darr said he probably cannot maintain one foot-candle at the
intersection of First Avenue and Muscatine because of the commercial businesses that are
already there and the streetlights the City has there.
Regarding pedestrian connections along First Avenue and Muscatine Avenue, Darr said he has
incorporated the pedestrian access along Muscatine Avenue and will extend it to the sidewalk.
He said along First Avenue, he would like to have steps to take pedestrians to the parking lot,
but depending on where the walkway is incorporated, it will begin to take away parking spaces
from the lot, if striping is required to designate the area as a pedestrian access. Darr said it also
asks pedestrians to come across two lanes of two-way traffic and would remove at least four
parking spaces from the plan. He asked if one pedestrian connection would be sufficient if he
provided steps from the sidewalk to the parking lot on First Avenue. Gibson said if there is no
pedestrian crosswalk, the people who park in the spaces along First Avenue have no different
path to travel than anyone who comes off the sidewalk, which is not uncommon in parking lots.
He said he thought Darr had a good point and did not see what would be served with a
pedestrian crosswalk there.
Bovbjerg asked if a more useful designation for a sidewalk, especially since most of the houses
are to the north, would be to use the north part of the current entryway as a sidewalk, going
along the north side and then crossing to the northeast corner of the building. Yapp said
pedestrians generally take the most direct route, and that is why staff has designated the most
appropriate spot for a crosswalk. He said he felt the parking lot stalls could be modified slightly
not to lose as much parking. Yapp said the reason for a designated crosswalk is that it gives a
place for people to go and gives drivers notice if they see the striping on the pavement.
Gibson asked Darr if the language in condition number four would be acceptable to the
applicant. Darr said it was acceptable, but he would prefer putting in the steps along First
Avenue and no walkway there. He said they would take into consideration the option of putting
a walkway along the north side to the northeast corner of the building. Ehrhardt asked Dart how
he felt pedestrians would get to the building before this discussion. Darr responded it was
discussed in the neighborhood meeting, and the applicant felt it would be more likely for
pedestrian traffic to come in from Muscatine.
Gibson asked Darr if he could live with the language in condition number four, because if it is
voted on this way, it will go into the record, and he will be accountable for it in the coming
months.
Chris Stephan, MMS Consultants, Inc., said the only problem is if a marked crosswalk is
required across the parking lot when the site plan process occurs. Bovbjerg asked if it would
work for the applicant if the word "entrance" were removed from the condition so that a
crosswalk could come to the store, but not necessarily the entrance. Steffan said it might be
worse for pedestrians to be coming on the north side and looking behind them for traffic, rather
than to the sides. Yapp said the intent of the language is to provide a pedestrian connection so
people are not walking over landscaped areas to get to the store. He said he thought it could be
worked out through the site plan how the connection could best be made. Holecek said this item
could be fined tuned during the site plan review process.
Darr said there was no problem with the dedication of the two feet along the sidewalk and the
parking lot. He said condition number six was acceptable as was number seven. Bovbjerg
asked where the arbor vitae trees would be in relation to the building. Steffan gave a
Planning and Zoning Commission Minutes
May 21,1998
Page 7
perspective of the building from along F Street looking south. Darr said condition number eight
would be acceptable to the applicant. He suggested an additional condition regarding the timing
of delivery trucks, saying Walgreen's has confirmed to him that deliveries will not be made
before 6 a.m.
Darr said the top of the light pole would be approximately 32 feet. As far as screening the
building, Darr said the original request was to enhance the landscape on the perimeter of the
site and not incorporate shrubs up against the building, really just to keep water away from the
slabs. He said he tried to incorporate screening the entire property with shrubs and trees along
the perimeter and into the parking to create a second level of visual relief from First Avenue and
Muscatine Avenue. He said they wanted to keep the landscaping away from the building. Darr
said they talked about a visual screen of the east wall. He said their preference is to spend the
money to enhance the site further away from the building. Darr said he will work with staff to
incorporate landscaping near the building if necessary, but it would require dedication of one or
two parking spaces.
Ehrhardt said the landscaping plan indicates twelve trees would remain on the property, but
said she only counted eight on the property and eight on the plan. Yapp said there are twelve
existing trees on the plan, including the four cedar trees to be removed, leaving eight. Ehrhardt
asked if there would be 22 total trees on the right-of-way, and Darr confirmed this.
Ehrhardt asked how far out from the property neighbors were notified about the neighborhood
meeting concerning this item. Darr responded the requirement was for 200 feet, and he believed
letters went out to owners as far as 300 feet away. Yapp clarified neighbors within three blocks
were notified of the meeting.
Public discussion:
Sandy Pickup, 818 Third Avenue, said she believed the zoning code is partly intended to protect
neighborhood integrity. She said it seems the demolition of apartments on the property is
counter to the purpose of neighborhood integrity. Pickup said she had concerns about the
number of tenants living in the apartments, how many of those apartments are low-income, and
how those people will be re-housed.
Pickup said she read in the staff report that Hy-Vee was used as an example of how things
might work. She said she felt that was misleading in that there is a lot more area around the Hy-
Vee site, including a cemetery on one side and a creek on another. Pickup said the Waigreen's
site would practically be right up next to people's houses. Supple asked Pickup if she received
notification of the neighborhood meeting that was held by the developer, and Pickup said she
did.
Public discussion closed.
MOTION: Shannon moved to recommend approval of VAC98-0003, a request to vacate
Second Avenue Court, located between First Avenue and Second Avenue, north of
Muscatine Avenue, subject to 1) the applicant obtaining letters of no objection from all
the properties abutting the north and south sides of Second Avenue Court, 2) the site
plan generally conforming to the landscaping plan submitted to the Department of
Planning and Community Development on May 14, 1998, 3) the light from the site being
no more than one foot-candle at the property line, 4) pedestrian connections being
included from the sidewalks along First Avenue and Muscatine Avenue to the store
entrance, 5) two feet of width being added to the landscaped area between the sidewalk
Planning and Zoning Commission Minutes
May 21, 1998
Page 8
and the parking lot along the First Avenue frontage, 6) the entrance drive along First
Avenue being no wider than it needs to be to accommodate truck turning movements, 7)
the site plan showing additional landscaped screening, such as shrubs, near the base of
the east building wall, or architectural features being included along the east wall, to help
visually break up the wall, and 8) the applicant dedicating seven feet of frontage along
Muscatine Avenue as public right-of-way, and two and a half feet of frontage along First
Avenue as public right-of-way. Bovbjerg seconded the motion.
Bovbjerg suggested adding an additional condition limiting delivery times to specific hours.
AMENDMENT TO THE MAIN MOTION: Bovbjerg moved to amend the main motion to add
condition number nine reading, "the store not accepting truck deliveries between the
hours of 10 p.m. and 6 a.m." Gibson seconded the amendment. The amendment to the
main motion carried on a vote of 7-0.
AMENDMENT TO THE MAIN MOTION: Gibson moved to change condition number three
to read, "the light from the site being no more than one foot-candle along the west and
north property lines." Bovbjerg seconded the amendment.
Gibson said the north and west property lines are the only critical property lines and are
probably the only two that the developer can realistically control. Ehrhardt asked if that would
allow any brightness at the corner of Muscatine and First Avenues. Yapp said there is a citywide
glare performance standard which is 1.5 foot-candles and added that the streetlights also follow
that standard. Ehrhardt said the glare from Hy-Vee is very bright. She said Karen Kubby's
backyard on Second Avenue is lit up from Hy-Vee. Ehrhardt said she is concerned about the
property owners that would live right next to the building. Miklo said when Hy-Vee opened it was
over-lit. He said the City did some tests, and the store had to use shields to tone down the
lighting. Ehrhardt asked if something else could be done on the west side. She said the spruce
trees would take some time to grow and there is a big space between the deciduous trees that
are there now, which is right where the house is.
Ehrhardt asked if the four-foot solid fence could be higher. Miklo asked Stephan if he knew how
tall the light poles would be at that location. Stephan said they had discussed having the lights
be the same height all the way around the building. He said they had discussed setting the
lights at the perimeter of the lot and shining them back in toward the building, rather than having
them mounted on the building and shining out. Gibson suggested the developer examine
mounting lights on lower poles on the west and north sides of the building, possibly 20-foot
poles, because there does not need to be the same light disbursement. Darr said he shared the
neighbors' concerns about the lighting with the architect. He said they could continue to terrace
the keystone wall further along Second Avenue toward Muscatine so that the trees could be
planted further above the street and the tree canopy would begin to develop more quickly. Darr
said they could extend the depth of the terracing from the wall to the outside so that there is
adequate room to plant trees.
The amendment to the main motion carried on a vote of 6-1, with Ehrhardt voting no.
AMENDMENT TO THE MAIN MOTION: Gibson moved to delete condition number seven
from the main amendment. Bovbjerg seconded the amendment.
Gibson said he finds the architecture perfectly acceptable on the elevations shown to the
Commission. He said he assumed this is a tried and true design used in a number of locations.
Gibson said he thought the building was well balanced and added there is a lot of detail in the
Planning and Zoning Commission Minutes
May 21, 1998
Page 9
southern two-thirds of the building and to add more detail at the north end would not improve its
architecture. He stated this will never be seen exactly as it is shown in the elevations anyway,
because of cars and vegetation in the way, so it is not necessary to get into this kind of detail.
The amendment to the main motion carried on a vote of 7-0.
Ehrhardt suggested an amendment requiring the lighting on the west and north sides be on
lower poles because the Commission will not have an opportunity to review this application
again.
AMENDMENT TO THE MAIN MOTION: Ehrhardt moved to amend the motion to include
the condition, "the Director of Planning and Community Development approving the
height of the light poles on the west and the north sides of the site." Gibson seconded
the motion.
Shannon said having shoder poles would not guarantee that the light would be decreased. He
said the 15-foot high poles at College Green Park initially put out a great deal of light. Miklo said
the motion would allow staff to do some more research. Darr said the applicant would give its
best efforts to work with everyone. He said some engineers would say that having shorter light
poles actually creates more light. Darr stated they are willing to explore the options.
The amendment to the main motion carried on a vote of 7-0.
The main motion, as amended, carried on a vote of 7-0.
REZONING ITEM:
REZ98-0005. Public discussion of an application submitted by the City of Iowa City to rezone
approximately 22.20 acres from Public (P) to Public (P)/Intensive Commercial (C1-1) for property
located at 1801 South Riverside Drive.
Miklo said the Airport Commission has identified portions of the airport that are no longer
necessary for aviation purposes. He said some of the properties were rezoned in 1990 to allow
commercial uses. Miklo said with the new Airport Master Plan, the area at the end of the
north/south runway, which will be closed, has also been identified as no longer necessary for
aviation purposes. He said the proposal is to fezone the property from (P) Public to (P/CI-1)
Public/Intensive Commercial. Miklo said this would allow the Airport Commission to lease the
property to private parties or individuals for private use, even though it would be retained by a
public entity, the airport.
Miklo referred to a letter from Thomas Hobart, representing the Kenshaws, raising some
concerns and objections about the rezoning. He said the concerns mostly refer to storm water
management. Miklo also cited a memorandum from Karin Franklin, Director of Planning and
Community Development, addressing those concerns. He said in this case it is simply a
rezoning of the property. Miklo said a development plan is in the works that will certainly
address storm water management issues.
Miklo said the development plan calls for a street connecting Ruppert Road to Riverside Drive
through the property. He said the actual alignment has not yet been determined, but the
committee working on the plan is finalizing that. Miklo said staff is recommending approval of
this rezoning.
Planning and Zoning Commission Minutes
May 21, 1998
Page 10
Supple asked if the area to the far east, where the green line shows there would be a proposed
street, had a zoning designation. Miklo said it is zoned (P) Public and is owned by the School
District. Supple asked if there has been any development on the other parcels of land that have
been rezoned in this manner. Miklo said he believed the only thing there is a salvage barn that
is partially a City-operated project, but a non-profit organization operates it.
Ehrhardt asked if this property would be on the tax roll. Holecek said that is a very complex
question as to what type of development comes in and the structural arrangement as to what
the function of the development is and involves questions such as who owns the business,
lease arrangements, etc. Ehrhardt asked if a warehouse could go on the property and not be
taxed. Holecek said that would not be likely. She said it depends on whether the use actually
serves a public purpose and whether or not it is being run by a public or non-public entity.
Holecek said there are also profit aspects. Bovbjerg asked if the property is currently paying
taxes. Holecek said if it is currently being used for the airport, it probably is not.
Howard Horan, 2407 Crestview, said he is the chair of the Airport Commission. He said he
hoped the Commission would approve the rezoning. Horan said it would be consistent with what
has been established since 1990, and the ultimate goal is that the revenue from this
development will provide revenue to take the operating expenses of the airport off of the City
budget.
Horan said he felt this was a good use of the land. He said according to the Airport Master Plan,
the Federal Aviation Administration (FAA) says the airport only needs two runways to operate.
Ehrhardt asked where the revenue would come from. Horan said the land would be leased. He
stated the City owns the land and because the City has accepted FAA funds as an airport
sponsor, the airport cannot sell the land. Horan said the land can be leased and developed, as
long as it does not interfere with aviation. He said the FAA is very conservative about that and
reviews each plan very carefully. Regarding storm water management, Horan said the airport
will follow the City directives.
MOTION: Chait moved to defer REZ98-0005, an application submitted by the City of Iowa
City to rezone approximately 22.20 acres from Public (P) to Public/Intensive Commercial
(P/CI-1) for property located at 1801 South Riverside Drive, to the Planning and Zoning
Commission meeting of June 4, 1998. Gibson seconded the motion. The motion carried
on a vote of 7-0.
CONSIDERATION OF THE MAY 7, 1998 PLANNING AND ZONING COMMISSION MEETING
MINUTES:
MOTION: Bovbjerg moved to approve the May 7, 1998 minutes, as written. Gibson
seconded the motion. The motion carried on a vote of 7-0.
OTHER BUSINESS:
Miklo said a new rotation schedule has been established for Commission members to attend the
City Council meetings.
Holecek stated the City women's softball team defeated the WRAC team by a score of 12-4.
Planning and Zoning Commission Minutes
May 21,1998
Page 11
PLANNING AND ZONING INFORMATION:
Bovbjerg said parts of the Northeast District planning sessions and the Peninsula planning
sessions have been videotaped. Miklo said the follow-up presentation for the Peninsula is on
video and will be broadcast. He said they could also be checked out for viewing, as could the
Northeast District planning sessions.
Ehrhardt asked about the conflict check sheets distributed to other commissions. Miklo said
they would be coming out in the next packet. Holecek said there is a State law that states if you
are a proprietor of a business, there are certain prohibited conflicts with regard to sitting on a
board or commission. She said the conflict check sheets should be filled out by Commission
members so staff can examine them to see if there are any possible conflicts.
ADJOURNMENT:
The meeting was adjourned at 9:07 p.m.
Pam Ehrhardt, Secretary
Minutes submitted by Anne Schulte
ppdadr~VminJp&z0521 .doc
IOWA CITY PLANNING AND ZONING COMMISSION MEETING
SIGN IN SHEET
2.
3.
4.
5.
7.
8.
9.
15.
16.
THURSDAY, MAY 21, 1998- 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
Name
Address
POLICE CITIZENS REVIEW BOARD
MINUTES- May 20, 1998
Engineering 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 · Receive PCRB Public Report #98-8;
· Receive PCRB Public Report #98-9;
· Receive PCRB Report of Summary Dismissal of #98-10
MEDIATION
LETTER
Annie Tucker's letter of May 12, 1998 was discussed as follows:
1 & 2. Uniforms and street clothes and Wearing guns to
mediation. It was agreed that individual mediators should set
the ground rules for each mediation. Possible board
recommendations were discussed. Staff was directed to
maintain an evolving list of recommendations which will
subsequently be presented to the City Council for approval. (No
changes will be made to present mediation guidelines at this
time.)
Confidentiality. Issues involving confidentiality were raised.
Board members and staff may not disclose the contents of a
complaint except in their public report to the City Council.
However, the complainant, police officers, witnesses, or any
other person are not held to such confidentiality.
The PCRB complaint form is not a public record, but the
information in it is subject to the Board's public report. Board
members agreed they would like the complaint form to reflect
what the Ordinance states regarding confidentiality. Legal
Counsel will prepare alternate proposed language to be
distributed at the next meeting.
2
Regarding other confidentiality matters in Ms. Tucker's letter,
the Board members understand those issues as not being
complaint-related
COMMUNITY
FORUM
Perception. To prevent the perception of conflict of interest,
the Board agreed that the PCRB should have its own stationery.
After discussion, Motion was made by M. Raymond and
seconded by J. Watson that the PCRB wishes to get its own
stationery. The stationery should reflect that the PCRB is a
board of the City of Iowa City; the address should remain the
same as on City stationery, but the telephone number should
reflect the PCRB office number. Motion carried, 5/0, all
members present.
The Board continued their discussion regarding plans for the
Community Forum, as follows:
· The draft letter was approved, with changes. Staff was directed
to utilize PCRB stationery (as stated in the previous item).
· the notice was approved and will be included with each letter.
· reviewed the notice which was placed in the water bill
newsletter;
· directed staff to send letter/notices to the Police Chief, City
Manager, City Council members, and Kevin Berg as the crime
prevention community service officer
· letter/notices should be sent to all news media;
· P. Hoffey will prepare opening remarks, to include introduction
of board members.
· requested that the next regular meeting (June 9) be held at the
Library, Conference Room A, (is possible) so as to acquaint
members with that room;
· Board members agreed to stay as long as necessary to
accommodate citizens in attendance;
· legal counsel was asked to be in attendance at the Forum.
PUBLIC DISCUSSION None
EXECUTIVE
SESSION
Motion by M. Raymond and seconded by P. Farrant 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(1 l) 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 8:30 P.M.
Regular meeting resumed at 8:45 P.M.
Motion by L. Cohen and seconded by P. Farrant to approve PCRB
Public Report on Complaints #98-8 and #98-9 and to forward to
the City Council. Motion carried, 5/0, all members present.
Motion by M. Raymond and seconded by P. Hoffey that PCRB
Complaint #98-10 be summarily dismissed as not filed within the 60
days required by the Ordinance. Motion carried, 5/0, all members
present. Staff was directed to telephone the complainant and to
follow-up with written correspondence.
Motion by J. Watson and seconded by P. Farrant to request from
the Chief of Police the results of the investigation of the incident
involved in Complaint 98-10. Motion carded, 5/0, all members
present.
Legal Counsel noted that for the first time since this board was
incorporated, it does not have a pending complaint before it.
PROCEDURE FOR
COMPLAINTS FILED
AFTER 60 DAYS After discussion, Motion by M. Raymond and seconded by P.
Farrant asking staff to refer to the board any complaints that
suggest an untimely filing before sending it onto the Chief.
Motion carded, 5/0, all members present.
MEETING
SCHEDULE
Scheduled meetings:
· 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
INFORMAT[ON
In response to an excerpt from a Council Work Session
regarding PCRB news coverage, the Board members agreed
that media contacts by the Board chairman are not necessary at
this time.
2. At the request of the Chair, staff was directed to place the
Standard Operating Procedures on the next agenda.
ADJOURNMENT
Motion for adjournment by P. Farrant and seconded by L. Cohen.
Motion carded, 5/0, all members present. Meeting adjourned at
9:08 P.M.
PCRB PUBLIC REPORT TO THE CITY COUNCIL
IRe: Investigation of Complaint PCRB98-8
This is the Report of the Police Citizens Review Board (the "Board") review of the
investigation of Complaint PCRB98-8 (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 those findings are "unsupported by substantial evidence," are
"um-easonable, arbitrary or capricious," or are "contrary to a Police Department policy or
practice or any Federal, State or local law." Sections 8-8-7B(2)a, b, and c.
BOARD'S PROCEDURE
On March 31, 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 Police
Chief for investigation. The Chief completed his Report and submitted it to the Board on
April 30, 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 by the Board. The Board met on May 12 and May 20,
1998, to consider the Report.
FINDINGS OF FACT
This Complaint is one of eleven filed in 1997 and 1998 by this complainant.
The complainant states that Officer 880919 gave the complainant's unlisted phone
number to a neighbor; that Officer 880919 contacted and harassed and questioned his
employer about the complainant; and that Officer 880919 provided false information about
the complainant to his subsequent employer.
As a result, the complainant made the following allegations against Officer
880919: harassment, illegal investigation, and right to live in peace violated.
The investigation by the Chief included an interview with Officer 880919. Because
the complainant had requested that he not be contacted, the complainant was not
interviewed.
CONCLUSION
Allegation 1: Harassment. Officer 880919 denied giving the complainant's
telephone number to anyone. Officer 880919 also denied contacting either of the
complainant's employers. The Board finds that the conclusion in the Report regarding
Allegation 1, that Officer 880919 did not provide the complainant's telephone number to
the neighbor and did not contact either employer is supported by substantial evidence and
is not unreasonable, arbitrary or capricious. Accordingly, Allegation 1 is NOT
SUSTAINED.
Allegation 2: Illegal investigation. Officer 880919 denied contacting the
complainant's employer. The Board finds that the conclusion in the Report regarding
Allegation 2, that Officer 880919 did not contact the complainant's employer, is
supported by substantial evidence and is not unreasonable, arbitrary or capricious.
Accordingly, Allegation 2 is NOT SUSTAINED.
Allegation 3: Right to live in peace violated. The Board finds that the conclusion
in the Report regarding Allegation 3, that Officer 880919 did not interfere with the
complainant's ability to live in peace, is supported by substantial evidence and is not
unreasonable, arbitrary or capricious. Accordingly, Allegation 3 is NOT SUSTAINED.
DATED: May 20, 1998
PCRB PUBLIC REPORT TO THE CITY COUNCIL
IRe: Investigation of Complaint PCRB98-9
This is the Report of the Police Citizens Review Board (the "Board") review of the
investigation of Complaint PCRB98-9 (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 those findings are "unsupported by substantial evidence," are
"unreasonable, arbitrary or capricious," or are "contrary to a Police Department policy or
practice or any Federal, State or local law." Sections 8-8-7B(2)a, b, and c.
BOARD'S PROCEDURE
On April 1, 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 Police Chief
for investigation. The Chief completed his Report and submitted it to the Board on May
1, 1998. The Board voted to review the Complaint in accordance with Section 8-8-7
B(I )a, which means that it chose to review the matter on the record before it, without
additional investigation by the Board. The Board met on May 12 and May 20, 1998, to
consider the Report.
FINDINGS OF FACT
This Complaint is one of twelve filed in 1997 and 1998 by this complainant.
Charges were filed against the complainant after a review by the County
Attorney's Office of incidents reported to the Police Department. The charges were
subsequently incorporated into a single charge of harassment by the County Attorney's
Office. The charge was pending court action at the time of the Report.
The complainant states that Officers 770411, 880919, 780911, 670916, 950829,
and 950830 filed the charges against the complainant and that the officers knew the
charges were false and malicious. The complainant also states that the officers were
helping a neighbor and Officer 880919 to stalk the complainant.
As a result, the complainant made the following allegations against the officers:
police harassment and denial of right to live in peace.
The investigation by the Chief included interviews with the officers. Because the
complainant had requested that he not be contacted, the complainant was not interviewed.
2
CONCLUSION
Allegation 1: Police Harassment. The charges against the complainant were
reviewed by the County Attorney's Office before they were filed. All the officers involved
denied any knowledge that the charges were false or malicious. Officer 880919 denied
that he engaged in any conduct that could be viewed as stalking. The Board finds that the
conclusion in the Report regarding Allegation 1, that the officers named did not engage in
police harassment, is supported by substantial evidence and is not unreasonable, arbitrary
or capricious. Accordingly, Allegation 1 is NOT SUSTAINED.
_ Allegation 2: Denial of right to live in peace. The Board finds that the conclusion
in the Report regarding allegation 2, that the complainant was not denied the right to live
in peace is supported by substantial evidence and is not unreasonable, arbitrary or
capricious. Accordingly, Allegation 2 is NOT SUSTAINED.
DATED: May 20, 1998
PCRB REPORT OF SUMMARY DISMISSAL TO THE CITY
COUNCIL
IRe: Investigation of Complaint PCRB98-10
PCRB Complaint 98-10, filed May 6, 1998, was summarily dismissed as required
by the City Code, Section 8-8-3 D and 8-8-3 E, requiting that the complaint must'be filed
within sixty (60) days of the alleged misconduct.
DATED: May 20, 1998
MINUTES
PUBLIC ART ADVISORY COMMITTEE
MONDAY, MAY 4, 1998 - 3 P.M.
CITY MANAGER' S CONFERENCE ROOM
MEMBERS PRESENT:
Deborah Galbraith, Rick Fosse, Kevin Hanick, Nancy Purington,
Terry Trueblood
MEMBERS ABSENT:
Lesley Wright, Clara Swan
STAFF PRESENT:
Karin Franklin, Joyce Carroll, David Schoon
OTHERS PRESENT:
Bob Kost and Auggie Wong, BRW
CALL TO ORDER:
Chairperson Hanick called the meeting to order at 3:05 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
DISCUSSION WITH BOB KOST OF BRW CONSULTANTS REGARDING THE DOWNTOWN
STREETSCAPE PLAN AND THE FY99 PUBLIC ART PROJECT:
Kost said BRW Consultants are about halfway through preparing documents for
construction bidding for the first phase. Kost showed the larger scale plans and outlined
the first phase boundaries. He said the Dubuque Street portion north of the Pedestrian Mall
will consist of repairs and replacing some of the current parking meters with double-headed
meters. He said that some of the new features will be street trees, replacing street lights
with pedestrian lights, replacing the current bicycle racks and installing posting pillars,
litter receptacles and benches. He said that they are planning to use five-headed light
fixtures in the Pedestrian Mall entrances.
Purington asked if brick was an option for the planters instead of limestone. Kost said no
because concrete would have to be poured as back-up, the planter would have to be
capped and the planters are various sizes so it would be difficult to use brick. He said that
they are planning to use fractured stone form liners. He said the concrete will be rough and
sandblasted, and it will be a tannish creme color that is similar to limestone. Franklin said
that the City Council had a lot of discussion about materials for the planters, and if that
discussion was reopened it would slow the entire process down more. Purington said that
she was fine with the cast concrete planters. Kost said the contractor will do a mock up of
the planters so people can see what they will look like. He said that they will also bid the
project in stone, and a comparison will be evaluated.
Kost said that regarding public art, there has been some flexibility in the foundations for
the sculpture pads. He said he recognized the need for public art, but noted the timing
problem for Phase I. He said that functional art pieces, such as a bench, could be switched
out with standard City pieces later in the summer. He said in their preliminary plans that
they show five 5'x5' sculpture pads in Black Hawk Mini-Park for a sculpture gallery.
Purington said those pads sizes are sufficient to hold the sculpture weights the Committee
discussed. She said she thought the proposed sculpture gallery plan was good because the
PUBLIC ART ADVISORY COMMITTEE
MAY 4, 1998
PAGE 2
pads were placed as part of a cohesive plan. Kost showed four opportunities Or places for
Pedestrian Mall entryway pieces. Galbraith said that she had envisioned an arch way or
passage way for the entryway piece. Kost said that there will be a 13-foot tall kiosk on the
Dubuque Street Pedestrian Mall entrance, and he showed the detailed plan for the kiosk.
Purington asked when the Committee could look at the elevations. Kost said that there is
not time for creation of models. Franklin said in order to commission an artist the
Committee would need to provide working parameters for the area. Kost said that the
artist could use the final plan with dimensions and the survey information as parameters.
Franklin asked if any surface work will be done in this Phase. Kost said mostly repairs and
filling in with bricks or planters. Purington said she liked the placement of the sculpture
pads because it is compatible with the formality of the renovation area. She said she
envisioned a gallery with revolving exhibits to give different people in the community the
opportunity to display sculpture pieces. Galbraith said she would like to see the sculpture
pads dispersed through the Pedestrian Mall, and not grouped together in the Mini-Park.
Purington said the other five sculpture pads could do that, and the first five could be left in
the Mini-Park. Kost suggested that art in the Pedestrian Mall be functional. He said that
one thing that needs to be done is to have the white plastic chain around the planters
replaced, and an artist could do that. Fosse said he liked the idea of having the sculptures
dispersed because there might be more pressure to keep the five pads filled with
compatible sculptures. Trueblood said if the five pads are a gallery, they would not have to
relate. Kost said two of the pads could be removed from the Mini-Park or the entire five
pads could be scratched from the plan.
Purington asked if Kost had any other ideas about the Mini-Park space because she knew
that a performance space or platform was suggested for the area. Kost said they were
trying to open up the area for more flexible uses. He said that the area in the middle is
empty and the pads are on the outside to serve as a boundary. He said that the sculptures
could be removed during a performance or gathering so they would not be harmed. He said
the seating was primarily eliminated except for the south portion. Purington asked if BRW
had discussed any lighting options for the sculpture pieces. Kost said that many light
sources could be necessary, depending on the piece, and said that only pedestrian lighting
is planned.
Galbraith asked what colors are part of the renovations. Kost said charcoal gray for the
painted metal, green for the plant and flowers, a reddish-brown from the brick and the
benches are a wooden reddish-brown with a charcoal-gray painted arm.
(Kost and Wong left the meeting at 3:40 p.m.)
Hanick said that not much room was left for the Committee to work on an entryway piece,
and he thought that the entire first phase is already designed and does not leave a lot for
the Commission to work with. Franklin said that the project is not going as fast as staff
had originally anticipated, and they are pushing BRW to get some phase of the project
done this year. Hanick said that he envisioned a lot of latitude to be given to the artists in
designing the art pieces. Purington said the artist needs to know parameters before they
design something, and should not have broad latitude.
(Trueblood left at 3:50 p.m.)
PUBLIC ART ADVISORY COMMITTEE
MAY 4, 1998
PAGE 3
Committee members discussed past work of the Downtown Streetscape Committee on
this project. Schoon asked how easy the sculpture pieces would be moved because Kost
seems to be thinking that the pieces can be moved easily when a group wants to use the
performance/gathering place. The Committee decided that would be too difficult to move
the pieces each time, and damage could be done to the sculptures in the moving process.
Fosse said when the pads are not being used, a compatible panel could be placed on the
area where the pad was. Purington said that since the seating from the park was removed,
some temporary seating could be arranged for performances or gatherings.
Franklin suggested that the Committee focus some of their time and energy on what is
possible to accomplish with Phase I given how far along the plans are, but put more time
and energy into what is possible for the second Phase because the Committee can be
involved in the Phase II planning process. She noted that the staff expectation is that this
Committee will be involved with the water feature design in Phase II. She said that the
fountain location at the juncture of College and Dubuque Street is not set and is part of
Phase II, so there would be time for the Committee to design something to go there.
Purington asked if the Committee could commission an artist to design metal gates to
cameo the kiosks in the Pedestrian Mall entrances. Hanick said he thought that BRW
already has a design vision, and the Committee needs to focus on the Mini-Park in the first
phase and the water feature in the second phase. Galbraith said that the sculpture pads
could be dispersed throughout the Pedestrian Mall. Hanick said he thought that the
concept was already done. Franklin reminded the Commission that the sculpture garden
can be removed from the Mini-Park if they do not like it, or the garden can be kept in the
proposed space. Schoon said the Downtown Streetscape Committee wanted a place for
sculpture in the downtown area.
Purington said that the sculpture installation and removal could be planned around annual
events that would use the Mini-Park. For example, the sculptures could be put on the pads
in August and removed in May, so the pads could be taken out and the performance area
could be used for larger gatherings in June and July. Purington showed a picture of a
fountain in the shape of a compass located in Celebration City, Calif.
The Committee decided to drop the entryway project idea, and meet on Thursday, May 7,
at 3:30 p.m. to further discuss the Black Hawk Mini-Park issue. Galbraith suggested that
Committee members walk through the Mini-Park before Thursday' s meeting to get a feel
for the area. Members decided to meet at the Civic Center and walk to the Mini-Park,
weather permitting.
COMMITTEE TIME/NEW BUSINESS:
Purington updated the Committee on the University Biology Building skywalk. She asked
about the Iowa Avenue project. Franklin said that no one has been hired to do construction
plans. Galbraith said that Iowa Avenue already has the Old Capitol as a focal point, and
maybe the Committee should spend their money somewhere else that needs a focal point.
ADJOURNMENT:
The meeting was adjourned at 4:40 p.m.
ppddir\pa5-4.doc
MINUTES
PUBLIC ART ADVISORY COMMITTEE
THURSDAY, MAY 7, 1998 - 3:30 P.M.
LOBBY CONFERENCE ROOM -- CITY CIVIC CENTER
MEMBERS PRESENT:
Rick Fosse, Deborah Galbraith, Kevin Hanick, Nancy Purington
MEMBERS ABSENT:
Clara Swan, Terry Trueblood, Lesley Wright
STAFF PRESENT:
Karin Franklin, Joyce Carroll
CALL TO ORDER:
Chairperson Hanick called the meeting to order at 4:38 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
CONSIDERATION OF THE APRIL 2 AND APRIL 9 MEETING MINUTES:
Galbraith said that Lynette Pohlman's named is misspelled in the April 9 minutes.
MOTION: Fosse moved to approve the April 2 and April 9 meeting minutes as amended.
Purington seconded the motion. The motion carried by a vote of 4-0.
SHOWING OF THE VIDEO, PENNY ON THE DOLLAR:
Members watched the video that discussed public art in various communities.
(Fosse left at 3:52 p.m.)
DISCUSSION OF THE FY99 PROJECT:
Franklin said that staff discussed the sculpture garden and how the space is being used.
She said staff is debating how much to open up the Mini Park area, and how gradually it
should be done. She said that this piece of the downtown streetscape is open for design
options, and if the Committee likes the sculpture 9arden concept defined by BRW
Consultants that is one option. She said staff has also discussed the option of putting the
sculpture pads within some of the planters that have problems staying planted. Another
option is to scatter the pads more around the downtown. Members looked at both the
current and proposed downtown maps.
Franklin asked if Hanick thought the elevation of the stage in the performance area was
useful. Hanick said yes, and the back of the stage ramped up to accommodate a
wheelchair. Purington asked if temporary seating could be available for the performance
area. Franklin said that was an option, but the City does not have a place to store the
temporary seating, so it would have to be chained or bolted down so it cannot be stolen.
She said she was not sure how practical temporary seating would be. Purington said she
spoke with a woman in Cedar Rapids who is partially responsible for the "Sculpture on
Second" display, and she said that the sculpture grouping is useful for students to view
the pieces, compare and contrast them and write papers about them. Hanick said it was
PUBLIC ART ADVISORY COMMITTEE
MAY 7, 1998
PAGE 2
difficult for him to visualize the sculpture garden idea because there is a variety of
sculptures that could be displayed, and that would change the garden's look. Purington
said the Pad size define what is possible for sculpture.
Franklin said that the Committee has to decide if they want the sculpture garden, whether
the sculptures would be permanent or part of a rotating display, and if the sculptures
would be created individually or by a single artist with a common concept. Purington said
she thought that the sculpture garden in the Mini Park could be easily accessed to change
the pieces. Franklin said that the sculpture garden would take out the space for the stage.
Purington said she thought that both the garden and the stage should both be
incorporated. Franklin said if the Library/CenterSpace Project passes there will be more
options for performances or gatherings downtown.
Purington asked if backless benches could be incorporated into the Mini Park, and the
raised platform kept. She said those benches could be permanent art that the Committee
purchases. Galbraith suggested taking out the middle sculpture pad and leaving in the
raised platform.
Present members decided to go walk around the Pedestrian Mall and Black Hawk Mini-
Park, and the meeting was ended at 4:10 p.m. (See attached memorandum for
conclusions after site visit.)
Minutes submitted by Traci Howard.
ppddir\mins\art5-7.doc
City of Iowa
M E M O R A N
Date:
To:
From:
Re:
May 8, 1998
Public Art Advisory/~.ommittee
~: r~l~rr:n k': rde~ Plaza
From the discussion of the three members of the Public Art Advisory Committee on May 7,
1998, it is my understanding that the following is the consensus of those in attendance:
· Generally speaking the Committee endorses the concept of a sculpture garden in what was
formerly known as Blackhawk Mini-Park.
· The plan presented by Bob Kost at the May 4 meeting could be amended to show six
sculpture pads with the one located in the stage area being relocated to the north boundary
of City Plaza between the two pads shown, and an additional pad placed near the south
planter, just north of the pergola, in line with the three pads defining the west boundary of
the former performance area and demarcating a southern boundary for the entrance to the
Paul-Helen Building (see attached).
· The most southerly planter and pergola should be retained.
· The existing stage area should be retained, with the planters removed, the timbers replaced
with the material used for the new planters, and additional stage area provided in the space
previously occupied by the planters.
It is the desire of the Committee that seating be provided in this area through artist-designed
benches that are placed such that they may be used for viewing the sculptures, the
performance space, and still allow the openness and flexibility of space desired by the
Downtown Streetscape Committee. The Committee did not decide on a specific number or
placement of benches.
Assuming the full Committee concurs with these suggestions, the suggestions will be forwarded
to Bob Kost for consideration in the construction plans. Members should contact me as soon as
possible if you disagree with this summary of your discussion, or for the members who were not
in attendance, if you disagree with the conclusions reached (356-5232).
cc: Bob Kost, BRW
David Schoon, Downtown Coordinator
Rob Winstead, Project Engineer
Im~mem\kf5-8.doc
MINUTES
PUBLIC ART ADVISORY COMMITTEE
THURSDAY, JUNE 4, 1998 --3:30PM
CITY MANAGER'S CONFERENCE ROOM
PRELIMINARY
Subject to pproval
MEMBERS PRESENT:
Rick Fosse, Deborah Galbraith, Kevin Hanick, Nancy Purington,
Terry Trueblood, Lesley Wright
MEMBERS ABSENT:
DRC representative
STAFF PRESENT:
Karin Franklin
CALL TO ORDER:
Chairperson Hanick called the meeting to order at 3:40 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
RECOMMENDATIONS TO COUNCIL:
Recommend approval, by a vote of 6-0, adoption of the revised by-laws amended by the City
Council Rules Committee March 23, 1998.
CONSIDERATION OF THE MINUTES OF THE MAY 4 AND MAY 7 MEETINGS:
Wright pointed out that on p. 1, paragraph 3 of the May 4 minutes, under discussion of the
streetscape, the minutes indicate Purington stated the sculpture pads would be sufficient to hold
the weight of the sculptures the Committee had discussed. Wright stated she did not recall such
a discussion. Purington stated the reference should be to the scale, not the weight, of the
sculpture.
Galbraith stated that on p. 3, paragraph 4, Celebration City is in Florida, not California. Galbraith
also raised the issue of not abandoning the idea of an entry piece to the pedestrian mall at
Washington and Dubuque streets. Discussion of this issue was deferred to another time.
Wright moved and Galbraith seconded approval of the May 4 minutes as amended; approved 6-
0.
Fosse moved and Wright seconded approval of the May 7 minutes; approved 6-0.
CONSIDERATION OF THE REVISED BY-LAWS:
Franklin explained that the revised by-laws reflected the amendments offered by the Council's
Rules Committee and the discussion the Committee had with the full Council. Hanick noted that
the significant change was in the section dealing with the powers and duties of the Committee.
Purington questioned the vacancy section amendment. It was clarified that this section referred
to officers of the Committee only.
Fosse moved and Wright seconded a motion to approve the by-laws as amended; approved
6-0.
Public Art Advisow Committee Minutes
Thursday, June 4,1998
Page 2
UPDATE ON DOWNTOWN STREETSCAPE PLAN
Franklin reviewed the latest plans, pointing out the compromise that had been reached between
those who wanted to open up the former Blackhawk Mini-park, those who wanted to retain
some vegetation and seating area, and the concept of the sculpture gallery. The resulting plan
removed the stage, one of the planters internal to the area, rebuilt the existing planters which
define the area, retained the healthy tree at the northwest corner of the area, and provided two
sculpture pads.
Purington discussed her suggestion of using topiary as a way to blend art with the landscaping.
The planting plan allows the opportunity for topiary if it is desired in the future.
Galbraith stated she was reassured by Bob Kost's statements that the Committee would be able
to consider an entry piece for the mall sometime in the future. Galbraith advised reconsidering
this after the kiosk is in place and the skywalk at the University is constructed.
There was general discussion of the two pads as a more feasible proposal than the six
sculpture pads. Wright moved and Fosse seconded a motion for the Committee to endorse the
plan showing two sculpture pads in the former mini-park; approved 6-0.
DISCUSSION OF ACQUISITION/COMMISSION PROCEDURES:
Wright presented the Sculpture on Second program in Cedar Rapids, describing the acquisition
process for this rotating sculpture exhibit. This program is run by the Renaissance Group and
the Downtown Association of Cedar Rapids, both private non-profit groups. Annually a call for
artists is sent out. The artists are given a $200 honorarium and are expected to ship and install
their own work. The work is displayed for approximately one year during which time the work
may be sold. The city of Cedar Rapids has purchased one piece for installation at a site other
than Second Street. If the artist does not sell the work, the artist must retrieve it at the end of the
rotation period. The Byers family underwrites the cost of the call and the administration of the
program; the city of Cedar Rapids covers the insurance costs; and a private company supports
the installations. Purington reported that in Ames the city covers everything.
Discussion followed of the relationship between the honoraria and the quality of the work
submitted.
Wright also submitted, for the Committee's consideration at the next meeting, a proposal for a
joint Iowa City/Cedar Rapids Sculpture competition.
Franklin distributed the "Master Plan for the Art in Public Places Program" for the city of
Rockville, Maryland, stating that she felt this document was a good model for Iowa City since it
included all of the procedural areas the Committee needed to address. Discussion followed of
the selection processes outlined in the plan; the processes ranged from open competition to
direct invitation. The Committee agreed that the first acquisitions/ commissions should be
competitive and not invited.
Purington expressed the urgency of finding an artist to work with BRW on the water feature for
Phase II of the downtown streetscape project. She indicated Bob Kost had advised engaging
the artist by September if at all possible. Franklin asked whether the Committee wished to
pursue at least one sculpture for FY99. The Committee felt it was important to have a tangible
result of their work in the near future and expend the funds allocated for FY99. Trueblood
Public Art Advisory Committee Minutes
Thursday, June 4, 1998
Page 3
suggested that a call be put out for sculptures for both pads. Franklin asked whether the
sculptures would be rotating or permanent at the mini-park site. The Committee agreed that
these sites should eventually be for permanent installations.
Franklin suggested that the staff will draft general procedures for acquisition of art but asked
that someone from the Committee work on the specific Call for Artists for the water feature and
the sculpture. Purington agreed to work on the call for the water feature. Discussion followed of
the specific parameters that may already be set for this feature. It was agreed to try and set up
a meeting with Bob Kost when he was in town on June 15 or 16 to discuss the parameters to
convey to the artists and to discuss the timeframe for including the artistic component in the
water feature planning. Wright and Galbraith also agreed to work on the call for artists.
The Committee then discussed the concepts that might be suggested in the call to narrow the
pool of respondents. It was agreed that the concepts of a compass, direction, historical
connections, and time were all acceptable.
COMMITTEE TIME/NEW BUSINESS:
The next meeting was set for July 9 to avoid the July 4th holiday. Items to be placed on the
agenda include: water park planning schedule; the Iowa City/Cedar Rapids Sculpture
competition proposal; call to artists draft; draft of procedures for acquisition; and a proposed
budget breakdown for FY99 and FY2000.
The meeting was adjourned at 5:15 p.m.
Minutes submitted by Karin Franklin.
ppddidmin/art6-4.doc
MINUTES
RIVERFRONT AND NATURAL AREAS COMMISSION
WEDNESDAY, APRIL 15, 1998
CIVIC CENTER-LOBBY CONFERENCE ROOM
MEMBERS PRESENT: Cortney Daniels, Lori Goetsch, Joe Kral, Gretchen Grimm, Richard
Hoppin, Lynn Rose, Barb Endel, Larry Wilson
MEMBERS ABSENT: Tom Riley, Dan Mascal, David Thayer
STAFFPRESENT:
OTHERS PRESENT:
Brad Neumann, Lisa Randolph
Nancy Seiberling
CALLTO ORDER
Chairperson Daniels called the meeting to order at 5:45 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA
There was none.
CONSIDERATION OF THE MINUTES OF THE MARCH 18, 1998 MEETING
Daniels said to change "there" to "their" on page two, paragraph one, line four. She also said to
change "Daniels" to "Neumann" on page two, paragraph four, line eight.
MOTION: Motion to approve the minutes of the March 18, 1998 meeting as amended
carried on a vote of 9-0.
CONSIDERATION OF THE MINUTES OF THE MARCH 9, 1998 SPECIAL MEETING
MOTION: Motion to approve minutes of the March 9, 1998 Special Meeting as presented
carried on a vote of 9-0.
DISCUSS ARBOR DAY SPECIAL EVENT
Wilson asked why the event would not be held at City Park. Daniels pointed out that it was
shifted from City Park to Lincoln School. Daniels also reported that posters were distributed to
all 22 schools in the Iowa City School District, and that some form of the poster should be
included in the students' newsletters. Daniel's press release for the event went out April 15. She
distributed copies of the poster and press release. The program concept has been refined to
focus on both tree maintenance and tree planting. Terry Robinson will present planting
techniques and maintenance, and will provide follow-up literature. Mark Vitosh will not be in
attendance, so Jeff Schabilion will host the walk along with Leon Lyvers. Lyvers takes care of
Heritage Trees in Manville Heights. Kate Klaus will kick-off the Heritage Trees survey in
Manville Heights, attend the walk, and explain Heritage Trees. Heritage Trees is hoping to
solicit volunteers at the Arbor Day event to help with the survey this summer. Schabilion, Klaus,
and Daniels walked the route, which takes 45 minutes from start to finish. Nancy Seiberling will
be present to accept an award. Daniels encouraged RNAC members to spread the word about
the event, and those who will attend should arrive at 8:00 a.m. Kral will provide a water tanker,
while Neumann will supply peat moss, bags, and ties. Daniels questioned the need to cancel or
postpone the event in case of rain. Wilson suggested holding the event rain or shine. This
suggestion met with general agreement. Daniels wondered if Lincoln School would open its
gymnasium in case of rain to hold the non-walking events such as the awards ceremony.
Neumann will contact the school principal. Neumann reported the 126 trees to give away
Riverfront and Natural Areas Commission Minutes
April 15, 1998
Page 2
include 50 Sugar Maples (8"-20" in size), 26 Red Maples (8"-24" in size), and 50 Northern Red
Oaks (6"-24" in size). These are in the same size range as last years' trees. When Daniels
wondered if these species were native to Iowa City, Nancy Seiberling noted that oaks are
natural in the Manville Heights area. Daniels hoped the press would cover the event. Last year
a TV station from Waterloo featured the event.
UPDATE ON RALSTON CREEK CLEANUP
Daniels reported the cleanup was canceled because of the presence of toxic metals and
sediments in the soil.
(Grimm arrived at 6:05 p.m.)
A press release explained the discovery of the pollutants. Daniels hopes if the event is held
next year that RNAC could be a joint sponsor.
DISCUSS FLOODPLAIN ORDINANCE
Daniels was pleased with the floodplain ordinance presentation last month by Rick Fosse and
Julie Tallman. Neumann said RNAC should make recommendations on the ordinance to the
Planning and Zoning Commission. Wilson questioned the status of the floodplain map.
Neumann said it is close to completion. Slight changes in the map will include the extension of
some floodplains and the elimination of others. Neumann stated that Sandy Rhodes
recommended that buildings be built two foot above the floodplain, rather than the one foot
requirement. According to the Engineering Department, the floodplain ordinance worked during
the 1993 storms, since every building built according to the ordinance escaped damage. Rose
expressed the need for RNAC to comment on economic disincentives to building in the
floodplain. Wilson wondered what the impact of the Coralville Dam on the new floodplain
ordinance is, since it is still silting in. He also noted the need for RNAC to comment on the
protection of both vegetation and vegetative characteristics along riverbanks. Neumann
questioned what strategy RNAC should take for commenting on the ordinance. He
recommended a committee be formed to brainstorm what RNAC would like to accomplish with
its comments. Daniels suggested the issue be placed on the agenda of the May 20, 1998
RNAC meeting. Neumann will facilitate the brainstorming. Grimm questioned the status of the
FEMA map. Neumann said it is coming soon. He will talk to Fosse about it.
UPDATE ON PENINSULA AND WATERWORKS PARK PLANNING
Neumann noted that three consultants for the lower peninsula will be interviewed beginning
April 22: Conservation Design Form, Schneider and Associates, and Dunbar and Jones. He
asked if there were any questions RNAC would like included in the interview. Wilson suggested
questioning what role a Landscape Architect would have in the initial design. He also suggested
asking the discipline of the project manager. Endel noted the importance of determining the
expertise of the interviewees in natural area conservation versus landscaped city park planning.
She would also like to ask which would be the priority-focusing on land uses or on development
aspects of the project. Daniels said the transition area between the upper and lower peninsula
is important, and advised including a question about how the consultants would work with the
project already underway on the upper peninsula. Wilson suggested that if contracts have not
been drawn up yet, a clause could be included to require consultants to integrate their work in
the two areas. Neumann reported that Saturday, May 2, 1998 is the tentative date for a charette
on the upper peninsula development design. This will be an opportunity for public input in the
conceptual phase of the design plan.
Riverfront and Natural Areas Commission Minutes
April 15, 1998
Page 3
REPORT FROM JCCOG REGIONAL TRAILS AND BICYCLING COMMITTEE
Neumann reported RTBC has not met recently.
REPORT FROM PARKS AND RECREATION COMMISSION
Endel did not attend the meeting, but she did mention that the Iowa City City Council will not
drop the trail project from Burlington Avenue to Napoleon Park.
REPORT FROM APRIL 7, 1998 CITY COUNCIL MEETING
Wilson reported three or four people spoke on behalf of the Iowa River Corridor Trail project.
One person spoke against certain elements of the project, but was not strongly opposed. The
vote was 6-1 for the project. Mayor Lehman voted for the project. Wilson expressed Dean
Thornberry favored running the trail out an existing sidewalk to save money. Wilson noted that
with this option, the trail would no longer be a river corridor trail. Dee Vanderhoef would rather
see it incorporated into the Backbone/Open Space plan. Neumann said the trail would go out
for bid on April 28, 1998, with construction scheduled to begin in June. If costs are higher than
anticipated, parkland money may be sought for construction. Wilson mentioned he needs to
secure Board of Regents approval of the University of Iowa share of the costs soon. He added
if costs increase, the university may have trouble meeting its financial obligation.
REPORT ON NORTHEAST PLANNING DISTRICT MEETINGS
Daniels attended one of the two meetings. They were very well attended. Participants divided
into teams, received a map of the area, and told to envision what they would like the area to
look like in 10-15 years. Their vision could include elements such as parks, public facilities, etc.
Planners will synthesize the information from these meetings and present the findings at a
meeting on Thursday, April 23, 1998, in the City High cafeteria.
OTHER BUSINESS
Neumann noted attachments to the meeting agenda, including the letter from RNAC to the City
Council re: Iowa River Corridor Trail--Burlington to Benton segment; the memo from Tallman to
the Riverfront Commission re; National Flood Insurance Program (NFIP) Community Rating
System (CRS); and the letter from RNAC to the EPA re: City of Coralville request for EPA
Brownfields Assessment Demonstration Pilot Project.
Wilson distributed copies of the University of Iowa Sesquicentennial Heritage Walk Tour Guide.
ADJOURNMENT
The meeting adjourned at 6:55 p.m.
Minutes submitted by Lisa Randolph
plxladm/min/rnac4-15.doc
MINUTES
SENIOR CENTER COMMISSION
TUESDAY, APRIL 21,1 998
MEMBERS PRESENT
Bebe Ballantyne, Joanne Hora, Terri Miller, Kenneth
Mobily, Allan Monsanto, Deborah Schoenfelder, and
Philip Zelt
MEMBERS ABSENT
M. Kathryn Wallace and Wilma Conner
STAFF PRESENT
Michelle Buhman, Linda Kopping, Julie Seal and
Susan Rogusky
GUESTS PRESENT
Tom Muller, Willa Jones, Jeff Davidson Assistant
Planning and Community Development Director, Joe
Fowler Director of Parking and Transit
CALL TO ORDER
Miller called the meeting to order at 3:05.
MINUTES
Motion: To approve March minutes as distributed. The motion carried on a
vote of 7-0. Ballantyne/Monsanto.
PUBLIC DISCUSSION -Tom Muller
Muller suggested moving the Senior Center to the vacant RandalIs store near
Sycamore Mall. Benefits include: A one level building with over 27,000 square
feet of space; bus route location; and plenty of ground level parking.
WOODWORKING SHOP RESOLUTION -MILLER
Motion: To close the woodworking shop. The motion carried on a vote of 7-
0. Zell/Monsanto
Discussion of how to dispose of the woodworking shop equipment followed.
PARKING RAMP UPDATE - Davidson, Fowler
The proposed parking ramp will displace the Senior Center's and Ecumenical
Tower's parking lots, and the Cottage and Harmon buildings. The ramp will
provide between 375 and 450 parking spaces, and 12,000 square feet of non-
parking space. The Commission discussed the following concerns regarding the
parking facility:
The total number of Senior Center parking spaces
Safety and the perception of safety
· Parking costs for Senior Center participants
· Additional space for Senior Center programming
· Parking during the construction phase
· Volunteer parking
MINUTES
SENIOR CENTER COMMISSION
TUESDAY, APRIL 21,1998
2
COMPILATION OF PARKING ISSUES FOR PRESENTATION TO THE CITY
COUNCIL - MILLER
Will be discussed at the May Commission meeting.
COUNCIL OF ELDERS/SENIOR CENTER COMMISSION COMMITTEE
REPORT - ROGUSKY
Motion: To approve the committee report as distributed. The motion
carried on a vote of 7-0. Mobilyl Schoenfelder
ACTIVITY ASSOCIATION RECOMMENDATIONS - VAN DEUSEN; SEAL
From the outset, the Activity Association has suffered from a lack of purpose and
participation. It appeared that many members felt the group was performing a
function already provided for the Senior Center by the Council of Elders.
Representatives from the Activity Association met to discuss this matter and
decided to ask all members to vote on whether to continue or disband the group.
A letter and return ballot were mailed out and the group overwhelmingly voted to
disband.
Motion: To accept the Activity Associations report and allow the group to
disband. The motion carded on a vote of 7-0. BallantynelMonsanto.
G13 MURAL - WORTMAN; KOPPING
Kopping has been talking with local artist Deanne Wortman about painting a
mural on the east wall of the fitness room(G13).Wortman, who has done similar
projects in the past, distributed samples of her work and discussed different
styles of murals that would be appropriate for this room. The mural can be
painted either directly on the wall or fabric attaches to the wall and will actively
involve participants in the design and painting process.
SENIOR CENTER UPDATE
Operations - Kopping
Kopping is reviewing the current lease agreements with in-house agencies. The
Board of Supervisors have inquired about attending the May Commission
meeting.
Pro.qrams - Seal
Events occurring in May were reviewed.
Volunteers - Rogusky
An update of volunteer programs and opportunities were given.
COUNCIL OF ELDERS -Visitor
A report from the Council of Elders was given.
MINUTES
SENIOR CENTER COMMISSION
TUESDAY, APRIL 21,1998
COMMISSION VISITS
City Council - Zell
A report of the City Council meeting was given.
Board of Supervisors -Mobily
A report of the Board of Supervisors meeting was given.
Motion: To adjourn. Motion was carried on a vote of 6-0. Zell/Monsanto
The meeting was adjourned at 5:00.
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