Loading...
HomeMy WebLinkAbout1995-01-31 Bd Comm minutesRIVERFRONT AND NATURAL AREAS COMMISSION WEDNESDAY, DECEMBER 21, 1994 - 5:30 P.M. SENIOR CENTER CLASSROOM MEMBERS PRESENT: Larry Wilson, Nancy English, Catherine Pugh, Jim Pugh, Richard Hoppin, Courtney Daniels, Jessica Neanj, Les Kuehl, Don Otto MEMBERS ABSENT: Barb Hinkel, John Pelton STAFF PRESENT: Denney, Schweitzer GUESTS PRESENT: Terry Dahms, Marie Ware, Jan Hubel CALL TO ORDER, INTRODUCTIONS, AND ANNOUNCEMENTS: Chairperson Wilson called the meeting to order at 5:37 p,m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Denney requested the Commission take a look at a citizen suggestion for a system of warning buoys on the Iowa River, Wilson added this item to the agenda following item F, CONSIDERATION OF THE MINUTES OF THE NOVEMBER 9, 1994 MEETING: Wilson amended the minutes to say "Chairperson and Vice Chairperson" in the first paragraph on the third page. He asked what the sentence "The Iowa River Corridor Trail Program plans to promote groups ddss" meant, as he didn't remember any discussion of along these lines. He said the Commission had discussed getting together to ride the trail as a group. As no one else on the Commission thought the sentence was relevant, the sentence was deleted. Pugh moved and English seconded to approve the minutes of the November 9, 1994 meeting as amended. The motion carried unanimously. ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON: Wilson said the group could either take a ballot or take nominations. Pugh asked if it was possible that Wilson could serve as chairperson again. Wilson said it was possible, but he thought it was time for a change of leadership. Daniels said she would appreciate it if any one who wanted to be the chairperson would speak up, because she was new to the Commission and would like to have some more information. Wilson suggested the Commission members intro- duce themselves and say a little about their backgrounds. Wilson said he and Karen Mumford had split the duties between chairpemon and vice chairper- son. He handed around a list of esch position's responsibilities. Otto and Ware entered the meeting at 5:42 p.m. Catherine Pugh said she would like to have nominations for the position. Jim Pugh suggested nominating English, but she said she felt she was too new to the Commission. She suggested Jim Pugh. He said he didn't think he would have the same ability to disseminate information like Wilson, as he doesn't have a computer. Daniels said she would like to nominate Kuehl, because she had been impressed by his communications skills at the last meeting. Hoppin moved to close nominations. Jim Pugh seconded. Wilson noted the new Chairperson was Les Kuehl. Riverfront & Natural Areas Commission December 21, 1994 Page 2 Jim Pugh nominated Barb Hinkel for the position of Vice-Chairperson. Kuehl nominated Wilson. Jim Pugh moved and Hoppin seconded to close the nominations. Hinkai was chosen by a majority vote by secret ballot. ' DISCUSSION OF RIVER BANK MAINTENANCE: Ware introduced hereelf as the Coralville Recreation Director. She said she walked along the trail that day as there was nice weather. She said that there were numerous places where the flood had damaged the riverbank, and that the bank was within three feet of the trail in one location, She noted that Federal Emergency Management Agency (FEMA) had allocated $6,800 for rip rap in this location. A problem with the FEMA funds is that the City of Coralville has to spend the money first and then FEMA will decide if they will reimburse the city or not, She said the repairs will-undoubtedly exceed the $6,800, and the City does not have the money to lose if FEMA decides not to reimburse. Ware noted that a section of the trail had been removed and replaced as a result of drainage improvements related to the Highway 6 construction project. She also indicated that other sections of the trail appear to have been damaged as a result of construction activities, Denney agreed with this assessment. Ware said that she would contact the City Engineer to discuss the situation. Hoppin said there were was low spot in the trail. He suggested they look at increasing the grade on that if they can. Wilson said Nancy Seiberling had some questions because Project GREEN had done some plantings along the trial. Neary said that she had been on the trial and there were some interesting vegetation that developed because of the flood, English said she had no experience with the trail at all, and asked if it was necessa~ to have the trail so close to the river. Ware indicated that the trail could not be moved away from the river at this point because of the existing topography and location of the railread tracks. Denney said he thought Project GREEN was interested in replacing the plantings with something more flood-proof. Wilson said he knew Seiberling had hoped to coordinate with Ware in using volunteer groups to go and clean up the debris left from the flood. Neary said she was concerned about the use of rip rap in that it is not attractive and doesn't always work. Ware said there really are not many alternatives to rip rap. Wilson said the University was looking at bank stabilization the river from Park Road to Burlington. He said that they have biogeoengineering expert from Oregon who is going to do the consulting on the project and that Ware was certainly welcome to come to the meeting scheduled for January 4, 1994. He said their hope was to use a minimum of rock and to rely mostly on plants--but the difficulty was in .selecting plants that will stabilize the bank without blocking access to the river. Neary said that "Iowa Vanes" had been used on Clear Creek to help lessen the flow of water that hits the riverbank. Ware said the only thing holding the riverbank in Coralville now was the line of trees, She said the flood damage would have been much worse had the trees not been there. Dahms asked how much bank was gone, Wars said she was going to go back to the trails original construction plans to see where the bank was at that time and then compare to the present. Riverfront & Natural Areas Commission December 21, 1994 Page 3 FILL VACANCIES ON STANDING COMMI'I-I'EE AND RIVER MONTH COMMITTEE: Wilson said he would send around sign-up sheets for the Committees and encouraged new members to sign up. Wilson described the activities that the Commission has sponsored in the past for River Month. RIVER WARNING SYSTEM: Denney said that a woman had come in two years ago to show him pictures of a waming system set up in Chippewa Falls, WI to warn people of the upcoming dam. He said it is a system of fiberglass buoys. He said he had brought the proposal to the Commission in the past, but thoro was no groat enthusiasm for the buoys or against them. He said the Commission in the past has not been pleased with the appearance of the buoys, but the City Manager requested that the Commission look at the system again in the light of the recent tragedies on the river. He suggest- ed the members look at the pictures and then give a recommendation at the next meeting. RIVER CORRIDOR TRAIL UPDATES: Denney saidthat the IMU Bridge to Iowa Avenue and the Burlington Street to Highway 6 would be going ahead in the spring. He said the Highway 6 to Napoleon Park project has been resubmitted to the state ISTEA fund, He said the Crandic connection was done shortly after Thanksgiving. Otto said that Joye Ashton McCusick is now working with the art department on the appearance of the memorial area in the park and that the general lay out of the park will be set up as original. ly drawn. UPDATE ON DEVELOPMENT ITEMS: Denhey said there was no update other than the city's Sensitive and Natural Areas Commission had it's first meeting. COMMI3-1'EE REPORTS: There were no committee reports. COMMISSIONERS' REPORTS: There were no Commissioner's reports. FIRST REPORT: Dahms said that FIRST had met with B-Bops to discuss having a stroll for high school, junior high, and elementary school children ending at city park in the camival area. He said FIRST had also been talking with Parson Road Races and the annual Bike and Hike will possibly be listed as a warm-up/training activity for the Hospice Road Race. He said FIRST was participating in two trail concept plans for Willow Creek and Clear Creek. Denhey said he and Casey Cook had meet with the principal of West High School, School Board members and School District repre- sentatives to discuss the Willow Creek trail, Wilson said the University was hoping to connect to that trail once the location has been set. Riverfront & Natural Areas Commission December 21, 1994 Page 4 Wilson presented Denney with a certificate of appreciation for all h,;~ in support of the Riverfront and Natural Areas Commission. Jim Pugh said the Democratic Central Committee of Johnson County has been concerned about the herbicide application that Johnson County is planning for the ditches. He said nobody really has disclosed what herbicide will be used and what application methods will be used, so the Commissioner's should keep their eyes open fo~ further developments. ADJOURNMENT: Jim Pugh moved to adjourn the meeting at 6:45 p.m. Minutes submitted by L. Schweitzer. ppdadminVninsVno1221 .min MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES SPECIAL MEETING 2ND FLOOR ADMINISTRATIVE CONFERENCE ROOM THURSDAY, JANUARY 12, 1995 - 5:00 PM Members Present: Margaret Cox, Steve Greenleaf, Jeri Hobart, Philip Hubbard, Katherine Moyers, Jesse Singerman, Anne Spencer, Chuck Traw Members Absent: Anne Hatgrave Staff Present: Barb Black, Susan Craig, Larry Eckholt, Debb Green, Martha Lubaroff, Elizabeth Nichols, Others Present: Steve Arkins, City Manager; Jon Yates, Press Citizen; Jim Meismer (KCJJ-1560 am) CALL TO ORDER: Greenleaf called the meeting to order at 5:03 pm Greenleaf introduced CiW Manager Steve Arkins. Atkins was invited to the meeting in order to assist and inform the Board in a discussion of financial possibilities pertaining to the expansion plans. The Board hopes that his knowledge and experience will assist them to determine the place of the library's proposal in relationship to other projects in Iowa City and to have some sense of what amount of money would be reasonable and what concerns City he felt Council and voters might have. Arkins said the immediate concern has to be whether or not a referendum will pass. The timing of such requests are critical; i.e., what other projects have or will be brought to the public in the near future. The public is generally supportive of capitol projects if they feel they are needed and well planned. Borrowing for the project is not much of a problem, although it becomes a property tax issue, It is possible to take a longer debt period like 15 or 20 year payout rather than the traditional 10 years to reduce annual costs to tax payers. Atkins's biggest concern is our operating expenses and the personnel needed to staff an expanded building, He explained that the general fund has little room to grow, If the State reduces its machinery and equipment tax it will have a direct impact on the general fund. The option of purchasing the Lenoch & Cilek building was raised and Atkins felt it had merit. A new building on the site would allow us to continue to operate during construction and provide an attractive facade on the plaza. There are many advantages in maintaining commercial space on the first floor with the library on top. A building plan such as this would keep current commercial space on the tax roll. A suggestion of a private public partnership was made which would mean that a private developer would build it and lease a portion to the library. Arkins said there are a variety of options to such an arrangement and he would be glad to help explore them. Greenleaf reported to the Board that he had contacted Jerry Meis of Lenoch & Cilek. They lease the building which is owned by a partnership of the Koza family, the Schuperts and the ICPL BOARD O~ TRUSTEES JANUARY 12, 1995 PAGE 2 heirs of Louis Shulman. Greenleaf had contacted John Koza who said he would be willing to explore purchase options. Atkins suggested that our architect be requested to prepare a quick plan to show whether the building could support what we needed. He reiterated that building, repairing, etc. which are one time only capital expenses are manageable. Ongoing personnel expenses are harder to commit too. Other referendums mentioned that might be in the future are the Cultural Center and the Iowa City school District. The Board expressed its appreciation to the City Manager for taking the time to meet with them. The Board then looked at the information that Craig included in the packet including a few handouts that were updates of originals. it was noted that the preliminary price of the original project was reduced.' This reduction would hinge upon a construction issue that would allow us to only add two new pilings instead of three at each column. However, this would not be known until the columns were opened and found to be poured exactly where they were supposed to be in the original plan. Other ways to reduce expenses are to reduce the square footage of new and remodeled space, reduce exterior changes, reduce quality of finishes. We could also save money by moving out during construction, but similar expenses could be incurred in rent and relocation expenses. Greenleaf suggested eliminating some of the options in order to move ahead with the plan. He opened the discussion by suggesting the elimination of all options that would consider building on another site. There was unanimous approval of this step. The Board next agreed that building out only on the south into the plaza was riot something they wanted to consider. Two options remained; the project as originally proposed, and acquiring the Lenoch & Cilek property for expansion to the west. Craig was instructed to contact the architect with a request to look at the Lenoch & Cilek building site and prepare plans based on this option. Greenleaf will pursue the next step with the owners. The possibilities of public/private partnership will be explored. Greenleaf asked the Board about the project presented 12/15/94. The Board agreed to keep it in reserve for now. The possibility of purchasing the Lenech & Cilek building will be pursued at this time keeping the present plan in reserve and ruling out all other options. The. Board asked Craig about operating costs and additional personnel. Specifically, how different would it be than our current needs. Craig said that she could not make a firm commitment, but believes that given the new space, with library business as it stands now, would require an addition of 2 to 3 staff. She thought that we would need an additional librarian, library assistant and maintenance person. Operating expenses would increase with extra utilities and maintenance. This is much less expensive than operating expenses associated with a branch library. ICPL BOARD OF TRUSTEES JANUARY 12, 1995 PAGE 3 The Board agreed to the following plan of action: Craig will contact architect's office regarding possible expansion to the west. Craig, Moyers, and Greenleaf will contact the local owners of the Lenoch & Cilek property to explore the possibility of acquiring the building. An update report will be given at the regular January meeting. ADJOURNMENT: Adjournment at 6:10 pro. Singerman/Cox Minutes taken and prepared by Martha Lubaroff. Not an official meeting due to lack of quorum. MEETING NOTES BTC MEETING MONDAY, DEC. 19, 1994 MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: Trey Stevens, Roger Christian Cordell Jeppsen, Eric Rothenbuhler, Tim Finer Shaffer, Brau, Helling, Burnside, Hardy Beth Fisher, Rene Paine, Carol Spaziani, Brad Parkel, Barbara Black, Doug Allaire, Mary Jo Langhorne SUMMARY OF DISCUSSION Burnside reported she forwarded an opinion to Shaffer stemming from a complaint from a fraternity that they should be charged a single subscription rather than separate accounts for all who have cable in separate rooms. Burnside did not agree with the fraternity. Paine reported that PATV will hold a workshop for the Science Center Dec. 29. PATV is planning to include a sample letter in their next newsletter to members of Congress lobbying them on telecommunications legislation and especially the City's need and right to franchise video providers. Aliaire noted that PATV's community programming proposal was a proposed cooperative effort and not necessarily proposing that PATV undertake community programming alone. Fisher reported a sesquintcentennial video project meeting will be held Jan. 11. An analysis of the library channel showed that 26% of the programming could be considered community programming. Langhorne reported the schools video production equipment will be housed in the two high schools, alternating schools each month, to facilitate their use. Shaffer reported representatives of the Iowa City Public Library, the University of Iowa, the Iowa City Community School District, the City, and Johnson County attended part of the refranchising negotiating sessions and were instrumental in altering the company's posture. Completion of negotiations is hoped by the end of January. LEGAL REPORT Burnside reported she forwarded an opinion to Shaffer regarding a fraternity's complaint that they should not be charged separate accounts, but should be considered additional outlets. Burnside did not agree. PATV REPORT Allaire reported that the five new board members were brought up to speed at the last PATV Board meeting. Allaire asked about the Commission's request from the Government Cable TV Office for a proposal to provide community programming. Stevens said the government channel programs a fair amount of community programming and, as such, a proposal was requested, Aliaire noted that PATV's proposal was a cooperative proposal and not necessarily a proposal for PATV to undertake community programming alone. Paine reported Bob and Dave Kinney's feature-length movie, Demons. had a premier showing sponsored by PATV in Library Meeting Room A. On December 29 PATV will hold a workshop for the Science Center. ?ATV has purchased a new mixer. The next issue of PATV's newsletter will contain a sample letter to members of Congress expressing the concerns of the access community as it relates to telecommunications legislation likely to be introduced early next session. A mailing is planned once Congress is in session. Stevens said phone calls are also effective as members of Congress usually rely on tallies of public input. Allaire noted that such lobbying activities may be close to a violation of nonprofit rules. Burnside said PATV's legal advisors should look into that matter. LIBRARY REPORT Spaziani introduced Barbara Black who will be assuming responsibility .for AV operations, including cable TV, after Spaziani retires Dec. 31. Fisher reported the library's character generator broke, slowing productions. A sesquintcentennial video project meeting will be held Jan. 11 and will be open to the public. An analysis of channel 10's programming was distributed which indicated 26% of the library's programming might be considered community programming. ECC REPORT Langhorne reported the ECC met and discussed alternative programming for the educational channel. The school's Technology Planning Task Force has nearly completed their work and will present a report to the school board Jan. 10 Langhorne thanked Shaffer and all community representatives for their impact and work on this project. Plans include enhanced applications of video. The video production equipment has been moved to the two high schools on alternating months to facilitate student usage. CABLE TV ADMINISTRATOR REPORT Shaffer reported he has been a participant in th~ school's Technology Planning Task Force and said the task force has had lots of community involvement and support. Representatives of the Iowa City Public Library, the University of Iowa, the Iowa City Community School District, the City of Iowa City and Johnson County met with TCI's refranchising negotiation team during the last 'negotiating session to express their interest and intended use of the infrastructure improvements initially promised in negotiations. A grant proposal to the National Telecommunications and Information Administration is planned for late Spring. Shaffer reported six complaints, three about the rate increase, one about the company's policy of not supplying a PPV program if the customer has $50 in past charges, one about the quality of the FOX signal, and one about the quality of PATV's signal. TCI's refranchising proposal is due by the next BTC. meeting. REFRANC~S~G Shaffer reported the last round of negotiating sessions were quite productive. Representatives of the Iowa City Public Library, the University of Iowa, the Iowa City Community School District, the City, and Johnson County attended pa~t of the refranchising negotiating sessions and were instrumental in altering the company's posture. The company will confer with TCI's corporate offices on 4-5 issues. The draft franchise will be sent to the company by Rice, Williams in the first week of January. Completion of negotiations and the final report to the City Council by Jean Rice is hoped to be completed by the end of January. Respectively submitted, ~'gm. ",~'~w Shaffer~~ Cable TV Administrator IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, JANUARY 19, 1995 - 7:30 PM CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Pete Cooper, Sally Dierks, Dick Gibson, Jane Jakobsen MEMBERS ABSENT: Tom Scott, George Starr STAFF PRESENT: Denney, Holecek, Kugler, Miklo, Haring RECOMMENDATIONS TO COUNCIL: Recommend approval, by a vote of 5-O, to recommend that the City Council forward a letter to the Johnson County Board of Supervisors strongly recommending that CZ9465. an application submitted to Johnson County by Jerry Eyman to rezone approximately 12.48 acres from A1, Rural, to CP-2, Planned Commercial, for property located in Fringe Area 5 west of the 1-80 interchange with the Herbert Hoover Highway, be denied, because, the proposed rezoning would he in conflict with the mutually agreed upon Fringe Area Policy Agreement for Fringe Area 5, would result in urban uses being developed in a rural setting, would prematurely expand a commercial zoning district for which an actual market has not yet been demonstrated, and would result in inappropriate land uses being established along a major entryway into the community. CALL TO ORDER: Vice-Chairperson Bovbjerg called the meeting of the Planning and Zoning commission to order at 7:51 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: ANNEXATION AND REZONING ITEM: ANN94-0009, REZ94-0018. Public discussion of a City-initiated annexation and rezoning of the proposed water treatment plant site, a 230 acre parcel located north of 1-80 and west of N. Dubuque Street from County A1, Rural, to P, Public. Denney said the subject site is the location of the proposed new water treatment plant site. The area to be annexed includes the right4of-way for 1-80, north of the centerline, where it is contiguous to the current Iowa City City limits, and the western half of the Dubuque Street right-of-way. The City owns the 230 acre site to the centerline of Dubuque Street. The State of Iowa owns the right-of-way of 1-80. The State has consented to the annexation of the rij~ht-of-way. Denhey said that it is in the City's interest for municipal facilities to be located within the city limits when possible. The proposed annexation area is contiguous to the current city limits of Iowa City and is therefore eligible for annexation into Iowa City. Planning and Zoning Commission January 19, 1995 Page 2 By annexing the property the City will gain full control over zoning of the property and of what uses are or are not allowed on the property. Denney said annexation of this property would be consistent with the Comprehensive Plan. The Plan states that "annexation of land may be desirable in areas where the City wishes to exercise greater land use control than permitted under the Fringe Area Agreement." As discussed previously the City has an interest in gaining full land use control of property which it owns. Denhey said the proposed use of the site as a water treatment facility is compatible with the surrounding land uses. To the north and west is a qvarry operation, to the south is 1-80 and to the east are residential uses. The large size of the site and vegetation will provide an adequate transition from municipal uses on the property to the existing residences in the area. Denney said vehicular access is available via Dubuque Street. A maintenance agreement between the City and Johnson County will have to be negotiated because the annexation includes half of the right-of-way for Dubuque Street. A similar agreement exists for American Legion Road adjacent to the Windsor Ridge development. The agreement would spell out the maintenance responsibilities of both parties. Denney said as previously mentioned the annexation area includes a portion of the right-of-way pf 1-80. Staff has contacted the Iowa Department of Transportation (IDOT) regarding this issue and they do not object to the annexation. Staff is working with the IDOT to get a formal indication of consent to the annexation. Denney said staff recommends that ANN94-0009, the annexation of approximately 230 acres located north of Interstate 80 and west of Dubuque Street and REZ94- 0018, the rezoning of the property to P, Public, be approved. Jakobsen said that at the informal meeting the Commission had discussed the desire to see a site plan. Denney said staff will present a site plan at the next meeting, though he reminded the Commission that the site plan will not necessarily come back through the Planning and Zoning Commission for approval, unless the Commission were to condition their recommendation to have review of the site plan. Holecek said that a conditional zoning agreement was not practical in this case as the City would be conditioning itself. Holecek pointed out that due to the notoriety of this item fairly detailed and up to date site plans are readily available. Dierks said she would like to learn more about measures that will be taken for screening, in particular along the east edge of the development towards Dubuque Street and the residential development on the other side of the road. Denhey said the site plan should address this fairly adequately, but staff will enclose a site plan in the next Commissioner packets. Public discussion: Planning and Zoning Commission January 19, 1995 Page 3 Richard S. Rhodes. 2014 Rochester Avenue, noted that there has been some adjustments in several aspects of the development that are not addressed in the most recent site plan, for instance, the shape of the sludge basins. Second, Rhodes said he detects a double-standard arising betweeh what measures are taken by t~e City to detect and protect environmentally sensitive areas, as opposed to those of private developers. Rhodes said the site contains a large number of sensitive elements, yet he does not feel the City is imposing the same high standards to protect these area as it would impose upon the private developer. Jakobs~n asked staff if these comments are correct and is the City addres. sing them. Miklo said private developments can opt to not have conditions placed on their site by adjusting the layout and design, etc. Miklo said this property is being annexed for a municipal facility and the City, State, County and School District are exempt from all zoning requirements. Miklo said the site plan should adequately address all environmental concerns on the site. Jakobsen said that the City should be responsible for the same measures that the public must undertake. Public dtscusstdn closed. M~3TION.: Jakobssn moved to defer ANN94-0009, REZ94-0018, to the February 2, 1995, meeting ofthe Planning and Zoning Commission. Gibson seconded. The motion carried on a vote of 5-0. REZONING ITEMS: REZ94-0020. Public discussion of an application submitted by East Hill Subdivision, Inc. to rezone approximately 13.09 acres located at 655 Meadow Street from RM-12, Low Density Multi-Family Residential, and RS-5, Low Density Single-Family Residential, to RS-8, Medium Density Single-Family Residential. (45-day limitation period: January 23, 19951 Kugler said that East Hill Subdivision, Inc., has submitted an application to rezone 13.09 acres of undeveloped property from RM-12, Low Density Multi-Family Residential, and RS-50 Low Density Single-Family Residential, to RS-8, Medium Density Single-Family Residential, property located west of Dover Street and north of Muscatine Avenue. The site is bordered by Ralston Creek and single-family homes to the north, zoned RS-5, two-family or zero lot line dwellings to the east, zoned RS-12, Gay Funeral Home to the south, zoned C0-1, and a cemetery to the west, zoned RM-20. Most of the site is currently zoned RM-12, with the exception of approximately 3.3 acres along the northern portion of the site, which is zoned RS-5. The proposed rezoning would establish RS-8 zoning on the entire site. Kugler said the Comprehensive Plan identifies approximately the northern 1/2 of this site for residential development at 2 to 8 dwelling units per acre. The balance is also identified for residential development, but at a higher density of 8 to 16 dwelling units per acre. The proposed RS-8 zoning, which permits a maximum density of Planning and Zoning Commission January 19, 1995 Page 4 approximately 8 dwelling units per acre, is consistent with the Comprehensive Plan for both areas. Kugler said the RS-8 zone would permit single or two-family dwellings, zero lot line dwellings, and townhouses. These uses would be consistent with the existing residential development located immediately to the east of .this site, which consists of mainly two-family or zero lot line dwellings, with a few single-family homes located near the northeast corner of the site. Gay Funeral Home, located immediately south of the site, contains a dense row of Arbor Vitae along its north property line which would effectively screen the commercial area from any new residential development that might occur on the subject site. Although there is a single family neighborhood located directly to the north, it is separated from this site by Ralston Creek. The retention of a buffer or open space along the creek would provide for a good transition between the two areas if something other than single family homes are proposed for the subject site. Kugler said the Department of Public Works sees a need to restrict development within the floodplain of Ralston Creek for maintenance purposes. The applicant has stated his willingness to dedicate the floodplain to the City for maintenance purposes. In addition, there is an opportunity to establish a greenbelt along Ralston Creek, between Creekside Park and Court Hill Park. An easement on the Eagle Foods property and an undeveloped right-of-way already exists to the west of this site. In addition to the creek maintenance needs, dedication of the floodplain on this site would allow for the creation of this greenbelt as an extension of the green belt proposed in the Neighborhood Open Space Plan between Court Hill Park and Scott Park, possibly with a pedestrian and/or bicycle trail. The dedication would also provide the transition between this site and the existing single-family neighborhood north of the creek, as mentioned. Kugler said the only point of access for residential development on this site is at the northeast corner of the site near the intersection of Meadow Street and Perry Court. As a result, most of the additional traffic that would be generated if this site is developed would be exiting through the adjacent neighborhoods, either south along Dover Street out to Muscatine Avenue, or to the north along Friendship Street to First Avenue or Court Street. However, the proposed rezoning represents a decrease in density for most of the property and thus a smaller increase ir~ traffic than would result if the property was developed under the current zoning. Kugler said the existing RM-12 zoning appears to be inappropriate for this site due to its limited access. The single access to this site is a local street. The City's secondary access standards suggest that the traffic volume threshold for a single access on a local street be 500 vehicles per day. A subdivision concept plan for the property indicated that the applicant intends to create a 36 lot subdivision of the property, resulting in the potential for 72 total dwelling units. At an average of seven vehicular trips per day per unit, the proposed development would result in 504 vehicles per day exiting and entering the site, which is at the traffic volume threshold. Therefore, staff recommends that if the Commission Js inclined to approve this Planning and Zoning Commission January 19, 1995 Page 5 rezoning, that it be conditioned upon restricting the total number of dwelling units to 72, as shown on the concept plan, unless secondary access is provided. Kugler said, in general, the proposed rezoning would allow development consistent with the surrounding neighborhood at a density more appropriate for this site than the current zoning would allow. The dedication of the Ralston Creek floodplain for maintenance purposes would provide a transition between the proposed development and the single family homes to the north, and create an opportunity for a greenbelt trail along the creek. If the density of the proposed development is limited to that shown on the concept plan the City's secondary ~iccess policy will be met, and the development should not overburden the surrounding street system. I(ugler said staff recommends that REZ94-0020, a request to rezone 13.09 acres located west of Dover Street, north of Muscatine Avenue, be approved subject to the dedication of the Ralston Creek floodplain to the City, including an access easement between the proposed Cascade Court and the floodplain, and conditioned upon a restriction on the total number of dwelling units to 72 unless secondary access is provided. Dierks asked if the dedication of land for maintenance purposes also includes a portion for recreational reasons and to meet the needs of the Open Space Ordinance. Kugler said the land dedicated to date sits primarily in the floodplain and if it is dedicated to the City, the City would own it and could determine its use. Kugler added that this area is not identified as having a deficit in open space, and the Neighborhood Open Space Plan is only enforced where there is a deficiency in open space. Jakobsen noted that a waiver of the 45-day limitation period to February 2, 1995, will be needed from the applicant. Bob Sangster, representative of the applicant, nodded his head in the affirmative for granting'a waiver of the 45-day limitation period to February 2, 1995. Holecek asked Sangster to provide staff with written proof of this waiver. Public discussion: Jeffrey Streitz, 847 Dover Street, understands the traffic figures, but feels that the amount of additional traffic that will be generated from this development is way beyond an appropriate level for the area. Streitz feels the location of the access point is not very safe as it is located too close to and between the stop sign at Meadow Street and the curve on Perry Court. Streitz also said there are already backups at the intersections of Dover Street and Muscatine Avenue, and, Friendship Street and First Avenue, both locations to which the traffic from this development will contribute. Streitz asked several procedural questions regarding traffic counts for clarification. Denney pointed out that the traffic count is not in the City Code, rather is merely a guideline that staff uses. Denney said that the count would likely be higher if the site were left in the present zoning, but noted staff has recommended that development be limited to 72 units. Regarding the access point, Denhey said that the City Engineer, Plantting and Zoning Commission January 19, 1995 Page 6 Rick Fosse, feels that the location of the access easement noted on the concept plan is best for the site. Denney said the issue would be addressed atthe subdivision stage of the development. Ster)hen MerkeI-Hess, 2609 Frie.ndshiD Street, lives in a residence along the northern edge of this proposal, said the traffic level in the neighborhood is already too high. MerkeI-Hess said cars on Friendship Street, at the intersection of Friendship Street and First Avenue, already get backed up fifteen-to-twenty deep in the early morning rush hours. MerkeI-Hess said a similar situation occurs at the intersection of Dover Street and Muscatine Avenue. MerkeI-Hess feels that the inclusion of this development, the Eagle's Food Store, as well as the Windsor Ridge development east of here, will add an undue amount of traffic to the area. MerkeI-Hess pointed out that no matter what route the school children from this development take, they will need to cross several potentially dangerous streets with curves that can obstruct vision. MerkeI-Hess also pointed out that Lucas Elementary is at capacity. MerkeI-Hess feels that realistically the site will result in more than 500 vehicle trips per day, as it will be largely inhabited by many students in each unit or young families with small children. MerkeI-Hess feels that this additional traffic is potentially dangerous to a primarily young neighborhood with many young children. in regards to nature trails, MerkeI-Fless said there is no physical way to connect a nature trail on this development to any of the parks mentioned. He said streets will have to be crossed and all of the homes along Ralston Creek own the right-of-way down to the creek. MerkeI-Hess said a dedication of land for a nature trail is pointless, but agreed with the dedication of land for open, recreational space. He said development of the land would disturb a natural habitat which is inhabited year-long by deer, woodchucks, muskrat, squirrel, rabbits, wild birds and even a beaver. Merkel- Hess suggested that either Memory Gardens continue to use the site, or turn it in to park land. MerkeI-Hess said the north end of the site is floodplain, not only during last year's flood. Gibson pointed out that the proposal before the Commission tonight is only a rezoning of the land, that a subdivision proposal is not currently involved in this item. Gibson noted that should the present rezoning not be accepted the developer will be free to develop at the higher density levels that the site is currently zoned. He said the only thing that would limit the development would be the traffic counts, and that these counts will not be lower. Dierks added that under current zoning this may result in a large, unattractive apartment buildings, instead of duplexes. Nicholas Chmaruk, 909 Dover Street, said his residence backs up to the site and that when he had purchased his residence he was informed that the site would always be either a field or for cemetery expansion. Chmaruk noted that a previous attempt to develop the site had failed largely for traffic reasons and because the site did not feed directly out to a street of feeder or collector size. The Commission asked that staff research this previous application and present this information at the next meeting. Holecek clarified the development potential for the site should the site remain in its Planning and Zoning Commission January 19, 1995 Page 7 current zoning and noted that the proposal actually reduces the development potential. Chmaruk pointed out that the current proposal results in a traffic count beyond the recommended level, and this would add more vehicle trips per day to both Dover arid Friendship Streets. Chmaruk asked whether vehicle count studies are being performed to estimate the contribution of this development to both Friendship and Dover Streets. Chmaruk said this warrants investigation. Chmaruk noted concern about the watershed and the potential mess that may result from water rapidly running down streets from this development. Jakobsen said these concerns are part of the subdivision process and that these are well considered at that time. Chmaruk displayed a petition against the development which he said he collected from area residents in robghly half an hour that afternoon. The petition reads, "We are opposed to rezoning the RM-12 and RS-5, to RS-8, located at 655 Meadow Street, and opposed to access to East Hill Subdivision from Meadow Street." Chmaruk feels all-in- all this represents a large portion of the residents within 200 feet of the proposed rezoning. Chmaruk said he intends to have the final petition notarized, but he will supply staff with copies in the mean time. Bovbjerg wished the residents to keep in mind that if they are opposed to access to the site from Meadow Street, what alternative do they have in mind. Jakobsen pointed out that it is illegal to landlock a site. Dierks asked if the site is contiguous to Memory Gardens. Staff said it is in the northwestern corner of the site. Dierks said that Memory Gardens could grant a secondary easement through their property, however, it appears that Memory Gardens is attempting to landlock the site by selling it to someone else. Staff said this is not landlocking because it has access. Dierks said, but no secondary access. Dierks said this is Harlocke Street all over again. Ed Flahertv, 2601 Friendshi13 Street, asked if secondary access is possible. Flaherty asked why secondary accesswas not taken into account when plans for Dover Street extended were being considered. Jim Mineus, 2701 Friendshio Street, felt that the fire department needs to be consulted'regarding viable access. Mingus said the bridge on Meadow Street is rather old and narrow for fire equipment and probably has a load limit. Mingus added there is a safety concern as the stop signs in place are not observed. Richard S. Rhodes, 2014 Rochester Avenue, said he is hearing some misleading and incomplete information from both public and Commission. Rhodes feels that Gibson had misspoke when he said you cannot develop on a floodplain. Rhodes said this is incorrect and noted the Longfellow Manor site as an example. Rhodes said in Longfellow Manor the floodplain was filled to one foot above the hundred year flood level, all the way to the floodway line. Therefore, this ground is developable all the way to the .floodway line. Rhodes said the developers on the East Hill site are actually making a concession by giving away this ground. Planning and Zoning Commission January 19, 1995 Page 8 In regards to the trail, Rhodes said it is not the case that it is intended for a nature trail, as mentioned. Rhodes said the trail system and greenways along the creek are generally considered to be transportation arteries for bicyclists and pedestrians. Rhodes feels that something t~) this effect would be very beneficial for this neighborhood because of the Eagle Store development, which he hopes will provide some access. Rhodes also noted that it is unlikely the cemetery will ever utilize the floodplain and feels that there is room for negotiation to obtain property for a trail in this area. Rhodes feels this would provide a safe access for both adults and children to shopping and schools, regardless of whether it ever connects up to a park. Rhodes applauded staff for receiving the concession for green space from the developer, but did wonder why there are no provisions for a crushed rock trail as attained in the Village Green South and Windsor Ridge developments. Barbara Frevenber(~er, 703 Perry Court, said she lives in the residence on the inside corner of Perry Court, asked if this Commission or Council is able to ask for an easement through Memory Gardens or elsewhere. Miklo said the problem is that there is an intervening property owner in a narrow strip of land through a portion of the connection between the site and Memory Gardens. Several members of the Commission felt access through this area should be investigated. Flaherty suggested lot 6 or 7 could be utilized for a road through Memory Gardens. Bob Sanester, 816 Willow Street, said he a representative of East Hill Subdivisions, and if there are any questions he will gladly answer what he is able. MerkeI-Hess noted that to the east of his residence is a group home owned by Systems Unlimited, and that whenever the creek overflows this particular yard is flooded more than the others due to the grade of the yard. MerkeI-Hess said that when there is high water this floods directly into the basement. MerkeI-Hess pointed out that should the East Hill site fill in its floodplain this would displace even more water to the north side of the creek. MerkeI-Hess said this. could be an accident waiting to happen when dealing with retarded children, as well as threaten the surrounding homes more greatly. MerkeI-Hess said the flooding of existing property is unacceptable. MerkeI-Hess said another interesting question that deserves consideration is why no development has occurred on the site to date and why Memory Gardens is attempting to unload it. Gyla Fairchild, 2517 Friendshi13 Street, said she has lived in this residence since 1960, and had gone through this entire process when Dean Jones owned the site. Fairchild asked when it was rezoned to the current density. Fairchild said Jones had pursued only 22 duplexes to which the neighborhood was opposed. Fairchild said a traffic signal at First Avenue and Friendship Street should be given strong consideration. Fairchild said that when Jones built a home on the south access route everyone felt confident that the site was essentially landlocked and would not be built upon. Fairchild seems to recall that the Longfellow Manor site is approximately the same size, yet there seems to be at least three times the number of homes proposed on the East Hill site. Plannihg and Zoning Commission January 19, 1995 Page 9 Kathryn Penick, 2617 Friendship Street, said she lives on the north side of the creek. · Penick asked if she is correct in stating that the property immediately to the south side of the creek would increase in density from RS-5 to RS-8. Staff said this is correct, but said that the majority of the site would decrease from RM-12 to RS-8. Penick asked that should the site remain in its current zoning, would secondary access then be required. Miklo said that at some point staff and the traffic engineers would say that secondary access is necessary. Miklo said it would probably require spinething greater than 500 vehicle trips per day or more than 72 units. Chmaruk said it appears that economics rule a request for rezoning; to make the entire site RS-8 makes the development more uniform and economical for the developer. Chmaruk asked if Terry Campe, President of Memory Gardens Incorporated had bought out the Dean and Ellen Jones Trust. Bovbjerg said that this is not an appropriate line of questioning for this Commission. Chmaruk asked if the present proposal is rejected, will Gene Kroeger and Mike Kennedy continue pursuing development of this site. Bovbjerg said they have no way of knowing that informaticn. Chmaruk said that two pages of people have signed in opposition to the rezoning and he hopes this carries weight in the consideration. Public discussion closed. MOTION: Dierks moved to defer REZ94-0020, until the February 2, 1995, meeting of the Planning and Zoning Commission. Jakobsen seconded. Gibson said that anyone tracking the Commission over the last nine months would have found him making very strong statements in another rezoning matter, landlocked like this one, but worse. Gibson said he felt very strongly compelled to push for the lowest zoning density allowable in that case and that was moving from an RM-44. Gibson said the point is that he is going to do everything possible to mitigate the effect of development of this property on the surrounding area. Gibson said one of the best ways possible to do this is to limit the developable density and he is not sure this message is getting through as this proposal is to seek a lower density. Gibson strongly recommended the neighbors learn more about the issue and the process in which matters are handled. Jakobsen suggested that the residents of the neighborhood hold a neighborhood meeting and ask staff to attend. There is a neighborhood coordinator who can assist the residents in setting this up. Jakobsen did suggest that if there are strong arguments that one individual present these arguments. Dierks voiced concern about a portion of this land being sold off without granting accommodation for secondary access. Dierks feels that the higher density property of the present owner is more appropriate for providing secondary access than through a single-family neighborhood. Dierks hopes that by the time this item reaches the subdivision level a second means of access can be located. Dierks feels that the portion that is already zoned RS-5 should remain RS-5. Kugler pointed out that the 72 units on the site results in about 5.5 units per acre, or about an RS-5 density. Dierks 151anning and Zoning Commission January 19, 1995 Page 10 said RS-5 zoning amounts to about 3.5 units per acre, which could significantly reduce the amount of traffic. Jakobsen called the question. The motion carried on a vote of 5-0. cZ9465. Public discussion of an application submitted to Johnson County by Jerry Eyman to rezone approximately 12.48 acres from A1, Rural, to CP-2, Planned Commercial, for property located in Fringe Area 5 west of the 1-80 interchange with the Herbert Hoover Highway. Kugler said Johnson County has received an application from Jerry Eyman to rezone 1 2.48 acres from A1, Rural, to CP-2, Planned Commercial. This property is located within Fringe Area 5, west of the Interstate 80 interchange at Herbert Hoover Highway. The applicant plans to develop contractor offices, warehouse buildings, and a convenience store. This property was the subject of a previous rezoning request filed in 1994, together with the approximate 16.5 acres immediately to the east. That request was to permit mini-storage warehouses and a future convenience store. The Commission and the City Council recommended denial of that request due to its inconsistency with the Fringe Area Policy Agreement and its impact on the appearance of this entryway into the community. However, the Board of Supervisors approved the rezoning of the eastern 16.5 acres, leaving the 1 2.48 acre tract that is the subject of this request as A-l, Rural. Kugler said the Fringe Area 5 Policy states that non-farm development should be confined to existing zoning within one mile of the eastern corporate limit of Iowa City. This site is located nearly two miles from the corporate limits. Expansion of the commercial zoning at this location would be in conflict with this mutually agreed upon policy. To encourage additional commercial development this far removed from the nearest urban area would be inefficient transportation policy. The Dodge Street and West Branch interchanges along Interstate 80 would be more logical locations for the proposed convenience store. The other proposed uses do not appear to be dependent on Interstate 80 and would be better located within an urbanized area. Kugler said the fact that the adjacent property has already been zoned for commercial uses does not necessarily mean that this site is inappropriate for a similar classification. To date, the adjacent parcel has not yet been developed. The amount of mini-warehouse space planned for that parcel seems unrealistic, given the lack of a surrounding population of potential users and the site's distance from surrounding population centers. There appears to be an adequate amount of commercially zoned property already existing to reasonably accommodate all of the uses proposed for the two areas. In staff's opinion, extending commercial zoning to the west at this time before any of the existing commercial property has been developed, and before the actual market for commemial uses in this location is established, would be premature. Planning and Zoning Commission January 19, 1995 Page 11 Kugler said that when the previous rezoning application was being considered, staff, the Commission and the City Council expressed concern about the impact that the proposed commercial development would have on this entryway into the community. The uses being contemplated at that time, mini storage warehouses and a convenience store, were determined to be inappropriate for this entryway. The addition of contractor offices, which typically includes the outdoor storage of equipment, and more warehouses will further exacerbate this pro§lem. Kugler said because the proposed rezoning would be in conflict with the mutually agreed upon Fringe Area Policy Agreement for Fringe Area 5, would result in urban uses being developed in a rural setting, would prematurely expand a commercial zoning district for which an actual market has not yet been demonstrated, and would result in inappropriate land uses being established along a major entryway into the community, staff recommends that the City Council forward a letter to the Johnson County Board of Supervisors recommending that the proposed rezoning from A1 to CP-2 be denied. Dierks asked if there are screening requirements in the County that would mitigate the effect that the site would have visually. Kugler said. he is not sure of the exact requirements, although he is fairly confident that County requirements do not meet City standards, nor do they address other concerns staff had noted. Public discussion: There was none. Public discussion closed. MOTION: Cooper moved to recommend that the City Council forward a letter to the Johnson County Board of Supervisors recommending in the strongest terms possible that CZ9465, an application submitted to Johnson County by Jerry Eyman to fezone approximately 12.48 acres from A1, Rural, to CP-2, Planned Commercial, for property located in Fringe Area 5 west of the 1-80 interchange with the Herbert Hoover Highway, be denied, because, the proposed rezontng would be in conflict with the mutually agreed upon Fringe Area Policy Agreement for Fringe Area 5, would result in urban uses being developed in a rural setting, would prematurely expand a commercial zoning district for which an actual market has not yet been demonstrated, and would result in inappropriate land uses being established along a major entryway into the community. Gibson seconded. Bovbjerg noted that when the County previously rezoned the adjacent property Commercial, the Commission recommended that the City impose its standards in the entire fringe area. Miklo said the intention of that motion was to state that if it is the intention of the County to disregard the Fringe Area Agreement, then the City should reexamine that Agreement and perhaps impose City subdivision standards throughout the two-mile area as State law allows. Miklo said it is beneficial for the County to remain in the agreement as it waives certain City standards in certain areas. .i Planning and Zoning Commission January 19, 1995 Page 12 Dierks said that should the Board of Supervisor's disregard the recommendation of the City, that at least precautions for vegetative screening, consistent with City standErds, will be taken into consideration for along the Highway The motion carried on a vote of 5-0. CODE AMENDMENT ITEM: Public discussion of an ordinance amending City Code Title 14, Chapter 5, entitled "Building and Housing," Article H, entitled "Site Plan Review," by adopting design guidelines for exterior stairwells and exterior corridors on multi-family residential buildings. Kugler said that as this item is still in review by the Design Review Committee and the Board of Appeals, staff recommends that this item be deferred. Kugler said staff has a presentation of this information planned for the February 2, 1995, meeting. Public discussion. There was none. Public discussion closed. MOTION: Jakobsen moved to defer discussion of this Code amendment item until the February 2, 1995, meeting of the Planning and Zoning Commission. Gibson seconded. The motion carried on a vote of 5-0. DEVELOPMENT iTEM: SUB94-0016. Public discussion of an application submitted by David Larson for preliminary plat approval of D&L Subdivision, 6,41 acre, four lot commercial subdivision located on the south side of Highway 1 West, west of Sunset Street. (45- day limitation period: February 13, 1995) Denney said the applicant is proposing a four lot, commercial subdivision on the remaining 6.41 acres of the site where Menards is now located. The site was conditionally zoned C1-1, Intensive Commercial, in February, 1993. The proposed subdivision will need to be reviewed for compliance with,the Conditional Zoning Agreement (CZA), as well as other pertinent City Codes. All of tl'{e proposed lots meet the dimensional requirements specified within the Zoning Ordinance for property located in the C1-1 zone. Denney said two conditions from the CZA are pertinent to the proposed subdivision. The remaining conditions are more appropriately addressed at the time of site plan approval. The first condition is that the site shall have only one vehicular access point to Highway 1. The proposed subdivision complies with this condition. The common Planning and Zoning Commission January 19, 1995 Page 13 access drive constructed with the development of the Menards site serves as the sole access point for all lots within the proposed subdivision. The other pertinent condition is that the site will have an internal circulation drive which will provide access to any development within the annexed property, as well as access to property located both north and south of the Dane tract. The proposed plat contains a 28-foot access easement which provides access to all of the proposed lots as well as to properties located both north and south of the proposed subdivision. Although the adjacent properties are currently. undeveloped this condition provides for traffic circulation between the subject property and adjacent properties without having to access Highway 1 when the adjacent properties develop. Denney said the applicants have submitted preliminary stormwater calculations, which are being reviewed by the Public Works Department. The applicant is pursuing expansion of the existing detention basin on the Menards property to accommodate stormwater from the proposed subdivision. An agreement between Menards and the applicant will be required at the time of final plat approval if the Menards basin is to be expanded. A Grading and Erosion Control Plan is required for the subdivision because it is located within a 100-year floodplain. The Plan has been submitted and is being reviewed by the Public Works Department. Any buildings constructed within the proposed subdivision may have to gain approval as per the Airport Clear Zone Requirements. This issue is raised for the applicants information. Denney said staff recommends that SUB94-0016, the preliminary plat of the D&L Subdivision, be approved subject to approval of preliminary stormwater calculations and the Grading and Erosion Control Plan by the Public Works Department prior to City Council consideration of the plat. Denne¥ said the applicant's engineer was present and should address the Commission's concerns that Lot 1 is too small to be a buildable lot. Public discussion: Craiq A. Thompson, 414 South Lucas Street, engineering consultant for the applicant, said he heard discussion regarding lot 1 at the informal meeting and said that the applicant realizes the limitations on the lot concerning the existing easement, landscape setback, and parking requirements, etc. Thompson said there are no current development plans for this lot. Thompson said the original thinking was that should the Ruppert property to the northeast ever develop, lot I may be joined to that property at that point. Thompson said something like a drive-through ATM machine may be about the only thing possible for the lot. Public discussion closed. Dierks said that when the City first considered development along the Highway, we were going to be very careful not to allow free-standing, detached buildings with individual accesses to the Highway, as is the case on the Coralville strip. Dierks said we are now ver~ nearly approaching another Coralville strip. Dierks asked that the Conditional Zoning Agreement for Menards be reviewed. Dierks said she also shares Planning and Zoning Commission January 19,' 1995 Page 14 Gibson's concern that if in fact this is subdivided and a lot develops that is undevelopable, are we basically giving the lot owner right to develop because this is a designated lot. Holecek suggested that the legal papers address the physical limitations of that particular lot, and that the subdivider acknowledge that there are difficulties associated with it that may question its ability to be developed. Staff said they will provide information regarding how to handle lot 1 at the next meeting. MOTION: Cooper moved to defer SUB94~0016, until the February 2, 1995, meeting of the Planning and Zoning Commission. Jakobsen seconded. The motion carried on a vote of 5-0. CONSIDERATION OF THE MINUTES OF THE DECEMBER 15, 1994, PLANNING AND ZONING COMMISSION MEETING: MOTION: Jakobsen moved to defer consideration of the minutes of the December 15, 1994, meeting until the February 2, 1995, meeting of the Planning and Zoning Commission. Dlerks seconded. The motion carried on a vote of 5-0. PLANNING AND ZONING COMMISSION INFORMATION: Public discussion of ootential aoDlications for 1995 CDBG and HOME fundine. Bovbjerg noted that the Commission had received information concerning CDBG and HOME funding. Bovbjerg noted the deadline time and date for receiving funding requests. Other. Dierks said that she had attended the Council meeting on Tuesday night. Dierks said that when Council reviewed the Greenview proposal, the Council appeared to feel condition number ten was not specific enough in terms of what the Commission wanted. Dierks said that although the Council members she talked to understood that it is not usual policy to divide a mobile home park with a public road, they did not seem to understand the position not putting a road through would place the land owner to the east in, and that there will be a public school located in the vicinity that will need access from several directions. Dierks also pointed out that the Greenview, as well as Sycamore Farms tracts ar~ a half-mile long from north to south and need east-west access through them at some point, if not several points. Dierks wishes to emphasize that this is a matter the Commission feels strongly about. Miklo said the Commission did place review of the site plan as another condition to the rezoning and her concern can be addressed at that time. Gibson said he felt the Commission's position was already clear to the Council. The other Commissioners agreed. OTHER BUSINESS: There was none. Planning and Zoning Commission January 19, 1995 Page 15 ADJOURNMENT: MOTION: Cooper moved to adjourn at 10:12 p.m. Gibson seconded. The motion carried on a vote of 5-0. George Starr, Secretary Minutes submitted by Jeff Haring. min~o&~l- 19 $Z~N ZN ~HEET Addres~ 3,2. 3.3. 3.7,, 20, 23., 22, 23, MINUTES CHARTER REVIEW COMMISSION JANUARY 4, 1995, - 5:40 P.M. CITY MANAGER'S CONFERENCE ROOM John McDonald presiding. Charter Review Commission: McDonald, Egli, Geasland, Penningroth, Rhodes, Ringgenberg, Willis, Cain. Absent: McCullough. City staff present: Karr, Smith. Tape recorded on Tapes CRC 95-1, All. COMMISSION ACTION: Moved by Rhodes, seconded by Willis, to approve the December 8, 1994, Charter Review Commission minutes. Motion carried 8/0, McCullough absent. Moved by Rhodes, seconded by Willis, to approve staff input recommendation #1. Page 4, Section 2.06, Mayor. Subsection B. third line replace "spokesman" with "sDokesoerson". Motion carried 8/0, McCullough absent. Moved by Rhodes, seconded by Ringgenberg, to approve staff input recommendation #2. Page 4, Section 2.08, Appointments. Subsection C., "The Council shall appoint the City Attorney." Motion carried 8/0, McCullough absent. Moved by Willis, seconded by Cain, to not approve staff input recommendation #3. Page 6, Section 2.12, Prohibitions. Subsection B. third line, sentence should read "However, the Council or its members may express...." Motion carried 8/0, McCullough absent. Moved b'¢ Penningroth, seconded by Cain, to approve staff input recommendations #4. Page 6, Section 3.01, Nomination. Subsection A., last line in paragraph should read "...not less than ten (10) persons." Motion carried 8/0, McCullough absent. Moved by Ringgenberg, seconded by Rhodes, to approve staff input recommendations #5. Page 17, Section 7.04, Procedure after filing. Subsection D. Validity of signatures. Third line from bottom should read "...current voting roles..." Motion carried 8/0, McCullough absent. CALL TO ORDER/APPROVAL OF MINUTES: Chairperson McDonald called the meeting to order at 5:40 p.m. Moved by Rhodes, seconded by Willis, to approve the December 8, 1994, CRC minuteS. Motion carried, 8/0, McCullough absent. REVIEW FINAL RECOMMENDATION MEMO: Charter Review Commission members reviewed the December 28, 1994, memo regarding CRC recommendations. CRC members asked that a preface be included explaining the review process, public hearing, attendance by Council and candidates, rationale, etc. Penningroth inquired about the staff inout (7/14/94) recommendations. Charter Review Commission reviewed the staff input recommendations as follows: Charter Review Commission January 4, 1995 Page 2 Page 4, Section 2.06, Mayor. Subsection B., third line replace "spokesman" with "spokesperson". Moved by Rhodes, seconded by Willis, to approve recommended change. Motion carried 8/0, McCullough absent. Page 4, Section 2.08, Appointments. Subsection C. should read "The Council shall appoint the City Attorney." Moved by Rhodes, seconded by Ringgenberg, to approve recommended change. Motion carried 8/0, McCullough absent. Page 6, Subsection 2.12, Prohibitions. Subsection B, third line, sentence should read "However, the Council or its members may express..." Moved by Willis, seconded by Cain, to not approve this staff input recommendation. Willis explained he feels strongly the Council should act as a Council ra. ther than a collection of individuals and it is a redundancy to add or its members. Penningroth said the second sentence is inconsistent with the first sentence. Cain stated the Council should act as a whole. Motion carried, 8/0, McCullough absent. Page 6, Section 3.01, Nomination. Subsection A., last line in paragraph should read "...not less than ten (10) persons." Moved by Penningroth, seconded by Cain, to approve recommended change. Motion carried 8/0, McCullough absent· Page 17, Section 7.04, Procedure after filing. Subsection D. Validity of signatures. Third line from bottom should read "...current voting roles..." Moved by Ringgenberg, . seconded by Rhodes, to approve recommended change. Motion carried 8/0, McCullough absent. Ringgenberg said a brief explanation should be added to each recommendation. Willis suggested that references to dates of meeting minutes be added to each recommendation. PRESENTATION SCHEDULE: City Clerk Karl stated she me~ with Mayor Horowit~ and it was suggested that the Charter Review Commission make a special presentation to present their recommendations at the beginning of a formal Council meeting and at that same meeting set a public hearing on the recommendations. Charter Review Commission agreed to schedule the special presentation to present their recommendations to City Council on January 31, 1995, and set public hearing on the recommendations February 14, 1995. Charter ReviewCommission January4, 1995 Page 3 Karr stated she will send a draft copy, including changes as discussed, of the memo regarding CRC recommendations to CRC members for review. Members will be asked to call with changes. McDonald asked Commission members what should happen if the City Council requests the Charter Review Commission to go back and review a specific area of the charter already reviewed. In response to McDonald, Cain stated that it would be Charter Review Commission's prerogative to ask Council to be as specific as possible if they request the Commission re-look at the charter. McDonald stated the Charter Review Commission could ask for a Council majority to request the Charter Review Commission reconvene. City Clerk Karr stated she will contact Charter Review Commission members regarding meeting schedule, final draft of recommendations, and Council meeting attendance. Meeting adjourned at 7:10 p.m.