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HomeMy WebLinkAbout1995-07-11 Bd Comm minutesMINUTES IOWA CiTY HUMAN RIGHTS COMMISSION MONDAY, FEBRUARY 27, 1995 CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Alison Galstad, Ric Graf, Patricia Harvey, Joan Jehle, Sara Mehlin, Ann Sh'ires MEMBERS ABSENT: Mel Dautremont, Ken Gatlin, Dorothy Paul STAFFPRESENT: Anne Burnside, Dale Helling RECOMMENDATIONS TO CITYCOUNCil: None. CALL TO ORDER: Chairperson Galstad called the meeting to order at 7:04 p.m. APPROVAL OF MINUTES: The minutes of the Commission meeting of January 23, 1995, were approved with the following revisions: Regarding Section 3, KARIN FRANKLIN: IOWA CITY BEYOND 2000, eighth sentence, "Human Resource" Task Force changed to "Social Service" Task Force. Regarding #11 NEW BUSINESS, last paragraph, references to the Press-Citizen be hyphenated, CHERRY AND ROOKS v, LEICHTY, ADMINISTRATIVE LAW JUDGE DECISION: Ann Burnside noted that the Commission had not formally adopted the decision of the Administrative Law Judge although all notices were propedy sent out regarding the decision. The Complainant has not indicated any desire to appeal, Shires voiced some reservations about the Judge's conclusions. After brief discussion, Shires moved and Graf seconded to accept the decision of the Administrative Law Judge in this case, The motion passed unanimously. REVISION OF BYLAWS: The Chairperson suggested that this discussion be deferred until the next meeting since the Human Rights Coordinator was not present. Jehle suggested the Commission may wish to include attendance and responsibilities in the by-laws. This will be discussed furlher at the next meeting and Commissioners requested that ~. coj3y of the job description of a Human Rights Commission member be included in the next agenda packet. It was further suggested that a new section could be added to the bylaws, entitled "Responsibilities of Commissioners.' or something to that effect and this information be included in that section. Human Rights Commission February 27, 1995 Page 2 It was agreed that in Section IV, OFFICERS, subsection C, the last sentence be deleted. Mehlin recommended that the Commission devise a policy in which a Commissioners ooncems be addressed in a timely fashion, namely notification of problems related to Commission business. There was discussion regarding a recant case in which a 'No Probable Cause" finding was appealed and resulted in a lengthy extension of the investigation in order to determine the accuracy of information presented at the appeal. It was noted that this can become frustrating if one piece of information leads to another so that the investigation goes on and on. It was generally agreed that complainant% should be advised to present all new information and corroborating matedal regarding their appeal at the appeal hearing. Burnside confirmed that the burden should be on the complainant to bring all such information to the hearing. Shires will draft some language for this section and send it to Heather Shank prior to the next meeting. HOUSING DISCRIMINATION TESTING: UPDATE ON GRANTAPPLICATION AND TIMETABLE: Harvey advised the Commission that Heather Shank had prepared the application and Ken Gatlin had represented the Commission at the hearing where the application was presented and discussed. Decisions on the applications will be made in the coming weeks. CASE STATUS REPORT: Heather Shank was not present to provide a summary. Burnside advised that the two cases which were listed as being in the City Attorney's Office have been reviewed and will be ready for Commission review in the near future. APPEAL PROCEDURE: Discussion of this item was deferred until the next meeting. REPORTS OF COMMISSIONERS: Graf expressed hls disappointment in the way some of the media reported on Greg Louganis, citing one media soume which referred to an admitted homosexual who' confesses to AIDS. Several Commission members suggested letters to that particular media source calling attention to these concerns. Harvey reported on Community Day in the Old Capitol Center and her observations that the Commission needs to identify a better way to attract attention of the attendees, especially the children. Mehlin will contact a local cartoonist regarding the possibility of designing a poster which would attract children's attention. OLD BUSINESS: Chairperson Galetad asked if there were any suggestions for Kadn Franklin regarding her Vision 2000 presentation. There were none. Human Rights Commission February 27, 1995 Page 3 NEW BUSINESS Mehlin reported her observations during a recent trip to Weshlngton, D,C. and that she was impressed with the level of activity taking place regarding various publlc and political Issues, There was a great deal of active Involvement, demonstrations, etc. and, In general, a lot going on there, Galetad suggested that this Commission needs to explore more outreach efforts with regard to specific events or observations such as Bleck History Month, etc, It was suggested that coloring contests or essay contests of the type that have been done in the past might be explored, Burnside reported o~3 a Colorado case recently accepted for review by the U.S, Supreme Court concerning a State law prohibiting the adoption of "gay rights' laws, PUBLIC DISCUSSION; None, ADJOURNMENT: The meeting was adjourned at 8 p,m. .MINUTES OF M3LRCH 27, 1995 PRESENT: .Chairperson Ames-Galstad, Co-Chair Harvey and Members Dautremont, Gatlin, Graf, Jehle, Mehlin, Paul, and Shires. Staff present: Sharnk and Greet ABSENT: None Chairperson Galstad call the meeting to order at 7:03 p..m. with introductions of those present. Minutes from the last meeting were approved. Galstad asked for comments on the revision of the By-Laws for the Commission. Following discussion about the importance of by-laws ~hat do not set unrealistic goals for the HRC, it was agreed to establish an official temporary subcommittee to deal with the revision. Galstad appointed Jehle, Shires, and Graf to the By-Laws Sub-committee. Shank reported that the HRC's request for funding a housing discrimination survey with CDBG money was rejected by the Committee on Community Needs and the Housing Committee. Shank also reported that April is Fair Housing Month and a proclamation to that effect was to be signed by Susan Horowitz. A subcommittee was formed, including HRC members, Ken Gatlin, Sara Mehlin, and Patricia Harvey, to organize a public forum which will address current issues pertaining to housing in the Iowa City area. Mehlin mentioned that some first time home buyers were unable to purchase affordable housing because the City was buying the property for low-income housing. It was mentioned that the housing for%~m, to be developed, might touch on topics such as t~is. Harvey asked the group to consider appointing an alternate to the Council on Disability Rights and Education because her schedule has not been conducive to attending the meetings. Following discussion on the importance of having a HRC member on the Council, the issue was tabled until Helling could be contacted about the question of whether he thought a Commission Member should attend. Shires agreed to attend the meetings until Helling was consulted on the matter. Paul informed the group that she and Shank had attended the Women's Media Conference at the University of Iowa. A breakfast meeting with foreign visitors is scheduled this week. Paul mentioned that the Conference, "UN at 50: Preferred Futures F.or The United Nations," commemorating the 50thAnniversary of the United Nations would be held on April 12-14, 1995, at the Iowa Memorial Union. She also reminded the Commission of the 4th World Conference on Women, scheduled for the fall of 1995 in Beijing. Dautremont announced that April 7, 1995, the National Organization · Women was sponsoring a bus to Washington, D.C. ,for those wanting 1:o attend a conference on violence against women and April 29 is Community Organization Day at the Old Capital Mall. She also informed the group of the "Clothesline P=oJect~, (a collection of t- shirts created by indi.viduals in memory of women who have suffered abuse) on display at the Iowa Memorial Union March 28th. The project is to eventually be displayed in D.C. She announced that March 29/30, "Take Back The Night" night was scheduled. Following discussion setting the next meeting on April 24, Chairperson Galstad adjourned the meeting at HUF~%N RIG~"~ C0~TSBTOI~ MINUTES OF APRIL 24, 1995 MEMBERS PRESENT: Galstad, Harvey, Dautremont, Gatlin, Mehlin, Paul, and Shires. Jehle, MEMBERS ABSENT: Graf STAFF PRESENT: Burnside, Shank, Greer Chairperson Galstad called the meeting to order at 7:04 p.m.. Minutes from the last meeting approved. R~VISION OF B~L4%WS~ Revised by-laws given to3Commission members. Shires and Jehle worked on the revisions. Shires mentioned that they had taken the deadlines out of the bylaws that were not mandated by the Human Rights Ordinance. Shank stated that the reason for this was to avoid problems that might result if the Commission could not meet the deadlines set out in the by-laws. The changes that were ma~e in the by-laws are as follows: Under Membership, part B, the by-laws were changed to read: "Commissions shall attend or have excused absences for all ~2 regularly scheduled monthly meetings", instead of 9 monthly meetings. Shires indicated that before they revised the by-laws the subcommittee looked at theby-laws of other Commissions in Iowa City. The subcommittee found that other Commissions in Iowa City had 12 regularly scheduled meetings a year. Under II Membership, part B, (2), the by-laws now state that the Human Rights Coordinator or the Chairperson must be notified of a planned absence in advance of any meeting. Under II Membership, part C, the by-laws currently read: "The Commissioner may make recommendations by a 2/3 majority vote to the Mayor and the City Council .... " Shires and Jehle recommended that the n~mber 6 be added to the sentence following the 2/3 in the sentence. Under IV. Officers, parts C and D, the by-laws previously read that officers were to be elected at the regular February meeting. The by-laws subcommittee changed the elections.to January. The bylaws now distinguish between regular Full Commission Meetings, Section V and Subcommittee and Team Meetings, Section VIo Under Full Commission Meetings, Section V(A), the subcommittee changed the by-laws to indicate there will be 12 regular meetings. The meetings will be held at the usual time, the 4th Monday of the month at 7:00 p.m., except for November and December when the meetings will be held on the 3rd Monday of the month. The change in. the meeting date for the months of November and December is to avoid conflicts with the holidays in those months. 1 Under Subcommittee and Team Meetings, Section VI, the revised by-laws state: A. "Since meetings are scheduled by the consensus of the committee members, attendance is mandatory." B. "In case of emergency, the committee chair person or team captain shall be notified in advance so the meeting can be rescheduled. The by-laws subcommittee revised Section XI(A)(1), Human Rights ComDlaint Process. The crossfiling of a case with the Iowa Civil Rights commission will now be required within 20 days of the filing of a complaint rather than 5. Twenty days was chosen because it coincides with the time period in the Human Rights Ordinance in which a respondent has to be notified of the Human Rights Complaint. Under Section XI Human Rights Complaint Process, (D)(1), the revised by-laws removed the 30 day deadline for the City Attorney to submit a probable cause decision. The reason for 30 day deadline was to establish a time line to work within. Since there is no provision in the Ordinance mandating a 30 day deadline, it was removed from the by-laws. Under Section D, Human Rights Commission Team and Probable Cause Determination, the final sentence read: "The Human Rights Commission , must submit a written probable cause determination withan 30 4ays following receipt of the case. The thirty day deadline was replaced by the word promptly. Under Section D, 3(a), it was added that if a complainant appeals the no probable cause decision, he or she should be prepared to bring new or corroborating evidence to the appeal. Sara Mehlin asked if the statement she had written for the by- laws on the procedure for Commissioner complaints had been given to Shank. Shank indicated that she had never received the statement from Mr. Dale Helling. Shires stated that she obtained the statement and the by-laws subcommittee felt that they addressed her concerns with the revisions that had been made. Mehlin said that the Commission had not passed the language in her statement, which was just a suggestion, and she was willing to come up with suggestions on how to address her concerns. Paul asked Shires to identify the sections of the by-laws that were meant to address Hehlin's concerns regarding communication between Commissioners. Jehle said that by tightening the requirements of each Commissioner through the attendance and notification section of the byalaws, it would enhance the communication between Commissioners. Paul indicated that the changes did not really touch on communication. Harvey said that since the Commissioner would be going through suggestions at the next meeting, she thought the commissioner's could expand on the by-laws to address the communication problems. Shires then indicated that the suggestions be given to Shank in two weeks and the by-laws'subcommittee would make the revisions to present at the next meeting. A discussion ensued regarding the omission of deadlines. Harvey mentioned that it was only a year ago that the Commission set down the deadlines. Shank stated that we didn't want to set up unrealistic deadlines. Burnside said that we must look at the by- laws as a document that will be in effect long after the present commission is replaced by new members. Burnside said the issue of the deadlines should be balanced. On the one hand, Burnside agreed with Shank that the deadlines should not be so rigid that we are going to be creating a problem for ourselves but she is not entirely comfortable with the lack of g~idelines. She suggested that the by-laws build in a loophole in which someone can ask for extra time. Burnside indicated that the Commission should view the bymlaws as a document that will survive all staff. Gelstad said, in summary of the by-laws discussion, that any suggestions for changes in the by-laws should be taken to Shankby May 8, 1995. She will then deliver the information to the by-laws subcommittee. PROCEDURE FOR CONCILIATIONs Shank mentioned that the AGENDA listed the next item as Procedure for Public Hearing but she meant it to be Procedure for Conciliation Hearing. In the past, Commission members would often be faced with arguments regarding the fact finding process from Respondent attorneys. Shank indicated that she is now going to write a letter to the Respondents prior to the hearing and set out the facts relied on to make the probable cause decision. The letter will then state that the Commission will not hear arguments relating to the decision. In this way, it is hoped that things will go much smoother. Gatlin said that he believes things will go much better because the Commission now has the support it previously lacked. REPORT~ OF COMMISBIONERB~ Paul stated the UN 50. conference was held. One of the topics was human rights. The keynote speaker, was Stephen Lewis, former UNAmbassador from Canada. His speech is available on tape. Paul gave Shank a copy of Transnational Law & Contemporary Problems, Volume 4, Number 2, Fall 1994, which includes the article, "Reforming the United Nations To Secure Human Rights." She also indicated that the persons who attended the UN conference came up with "Iowa Declaration" which states the preferred futures for the UN. This document will be available in a couple of weeks. Paul indicated it will be publicized to the wo~ld. 3 On April 20, 199§, Paul went to the Transnational Law Society Meeting. The keynote speaker was Barbara Frey, Executive Director of Minnesota Advocates for Human Rights. There are 1000 members in this organization. Paul wondered whether there was money in the budget to buy books for the Public Library. In particular, there is a book called, Henrv and His SD~cial Friend This is a book which addresses aids awareness. Paul went to Holocaust Remembrance Day on April 23, 1995. The guest speaker was Simone S~ria, a survivor of the holocaust and a native of the former Czechoslovakia. Mauricio Lasansky's Nazi drawings were featured in a~slide show. This is the United Nation's Year of Tolerance. Paul thought that the Human Rights Commission ought to have a program this year to promote tolerance. Paul then introduced Ellen Dorsey who works for the Stanley Foundation in Muscatine, Iowa. Dorsey stated that the~IRC should endorse CEDAW, Convention on the Elimination of All Forms of Discrimination Against Women. This is a big year for women's issues because of the women's conference in Beijing and the move in the Senate to ratify CEDAW. One hundred thirty nine countries have ratified CEDAW and the United States is only one of three who has not ratified it. Iowa is one of four states in the United States that has passed a resolution supporting CEDAW. Dorsey asked that the HRC hold a forum to discuss CEDAW, what it is, what the relevance of CEDAW is to women in Iowa City, and the effect of CEDAW on the preparations for Beijing. Dorsey came to the meeting to suggest a resolution supporting CEDAW and a public forum. She feels that Iowa City should endorse the international law. Mehlin indicated that funding often is a problem when putting resolutions like CEDAW into effect. Dorsey sees this as a reason for getting municipalities involved. By building new relationships and a consciousness about CEDAW in communities, implementation becomes easier. Mehlin then indicated that the relationship building should be accomplished first, with the implementation following. Dorsey said there should be pressure on our government to provide the funds for the UN programs. Paul pointed out that the current move is to cut funds for the UN. Paul said that she is unsure what will happen at the Beijing conference. The government of Beijing wanted to have a ,,government conference." When the government learned that there were going to be nongovernmental organizations being represented, it stripped the representatives of their accreditation for the trip. The Vatican has also attempted to stop women in nongovernmental organizations, who support abortion, from attending. Mehlin stated she would like to give her support to a resolution stating Iowa City's support of CEDAW. Galstad suggested one or two Commissioners come up with a draft of a resolution by the next meeting. The draft will be included with the next packet. Volunteers to work on the forum include, Mehlin, Paul, and Deutremont. Galetad made a motion to support the resolution in favor of CEDAW. Dautremont seconded the motion and the Commission voted unanimously. The Commission determined early July was the best time for the for%%m. REPORTS OF COMMISSIONERS~ Gatlin mentioned that the committee working on the housing program had been delayed in their progress due to an unexpected number of programs taking place during the month of April. Gatlin indicated that the committee is still developing the program and he will keep the Commission informed. Dautremont mentioned there was another Community Day on April 29, 1995. The focus of the day was women. It was decided that the HRC would not attend,. since the HRC went to the Com~nunity Day in February and plan to attend the one in September. Shires indicated she had spoken with Dale Helling and he suggested a Commission representative be a part of the Council on Disability Rights and Education. Shires has been attending. O~D BUBINESS: Galetad mentioned that several weeks ago she had submitted to the Commission an editorial written by individuals associated with the Baha'i religion. The HRC, at that time, decided not to sign the editorial but support the concept of the editorial which was diveFsity and acceptance of all people. A revised version of the editorial was eventually published. In its revised form, the editorial does not mention the Baha'i religion. Galetad has already started on a response to the editorial on behalf of the Commission. NEW BUSINESS= Paul asked what the response had been to the letter from the c~ass members who alleged racial discrimination by the Iowa City Police Department. Shank said that she had spoken to one of the individuals who signed the letter. He mentioned that he did not want the discrimination to continue. He set up an appointment with the Coordinator to discuss the issue. Gatlin indicated he had tried to contact someone from the Afro-American Cultural Center regarding the perception that African-Americans are discriminated ag=inst in Iowa City. Someone is suppose to get back in touch with him. Galstad said that individual Commission members ought to make n effort to find out information as to whether African-American,s are being discriminated against. Either way, Galstad said the perception of discrimination is out there a~d we should take steps to change the perception. Shank announced she had received an invitation to the Emergency Housing Project dinner and she asked whether a Commission member wanted to attend. Mehlin agreed to go. Shank asked the Commission members to think about the time, date and place of the next Human Rights commission Breakfast. She asked that we work to obtain a large number of nominees. 6 HU~ RIGHTS CO~I~ISSION MINUTES OF MAY 22, 1995 MEMBERS PRESENT: Alison Ames-Galstad, Patricia Harvey, Mel Dautremont, Ken Gatlin, Joan Jehle, Sara Mehlin, Dorothy Paul, and Ann Shires. MEMBERS ABSENT: Ric Graf STAFF PRESENT: Anne Burnside and Heather Shank, Chairperson Galstad called the meeting to order at 7:03 p.m.. Minutes from the last meeting approved. VACANCY ON COMMISSION: Sara Mehlin is leaving Iowa City to take a position with United Way in Indiana. Mehlin stated that she was honored to have been on the Iowa City Human Rights Commission. Galstad announced the resignation of Ric Graf from the Commission. In his resignation letter, Graf indicated that health concerns prevented him from continuing in his position as Commissioner. The Co~kmission members expressed their gratitude to Ric and Sara for the work they have done as Commissioners on behalf of human rights in Iowa City. RECRUITMENTS Gelstad asked for suggestions on how to recruit new Commission me~bers. Shank indicated she would ask Marian Karr about the process and make sure that any advertisement included a statement encouraging minorities to apply. BYLAWS: The by-laws subcommittee determined that it would be prudent to leave the 30 day deadlines under Sections xI(c) and XI(D). There will be added, however, a provision that allows the Assistant City Attorney and the Commission team more than 30 days for good cause, with approval of the Chair. It was determined by the Commission that a deadline should not be placed on the investigator due to the nature of the job, ie., people not responding in a timely manner, complex legal questions, etc. Dautremont praised Shires and Jehle for the wonderful job they did in revising the bylaws. Commission Handbook and 0~iantation: Mehlin mentioned a handbook of material she receivedwhen she first became a Commissioner. She suggested that any new Commissioner receive a booklet with the bylaws, etc. Shank indicated that she has the booklet in her office but it was dated. She plans on updating the book as soon as the by-laws are passed. Galstad asked that the Commissioners think about the type of orientation a Commissioner should receive. Mehlin believes the new more than going to a monthly meeting. We need to tell them right away about the subcommittees, projects and all the time involved with processing a case. STUDENT LEGAL INTERNSHIPS Shank reported that she had written a proposal for an student legal intern. The College of Law at the University has a Clinical Law Program whereby law students work in various areas of the law for academic credit. Shank's proposal asks for one student who will work for 9 credit hours. Nine credit hours amounts to full time. The student will work during the fall semester and have the opportunity to extend their internship into the spring. Shank indicated that she had not heard from anyone regarding her proposal but she expected to in the near future. Shank also stated that she was going to interview for a temporary full-time investigator for the summer. Hopefully this process will occur next week. R~PORTS OF COMMISSION~RS~ Paul reported on the UN Convention On Elimination Of All Forms of Discrimination forum. The forum is scheduled for 7:00 p.m., July 18, 1995, in room A at the Iowa City Public Library. Paul, Executive Director, Iowa Division, UNA-USA, will be the moderator. Panelists will include Minette Doderer Roberta Till-Retz. Adrian Wing and a representative from a nongovernmental organization have been invited but have not yet confirmed that they will participate. The plan of action includes contacting 50 local groups, organizations and commissions to obtain endorsements for CEDAW. A resolution will be prepared by Ellen Dorsey and reviewed by the committee. Responses from the groups, organizations and commissions should be obtained before June 20, 1995. CEDAW will be presented to the Iowa City City Council for their endorsement prior to the forum on July 18. Galstad moved the Commission endorse CEDAW and recommend the City Council.endorse it as well. Dautremont seconded the motion. The Commission voted unanimously in favor of the motion. Mehlin stated she thought it would be a good idea for all Commission members to come to the City Council meeting when the resolution involving CEDAW is addressed° Paul announced that the UNIowa Declaration will be available soon. Her office has already had 4500 requests for the document. Dautremont announced there will be a talent show on June 17, 1995 at Clapp Recital Hall and the ICARE breakfast, June 18, 1995. She also reported, "Women's Community Day" at the Old Capitol Mall, April 29, went fine. Women representing different groups felt they were more successful in communicating with the public in the smaller, more focused, Community Day forum. 2 OLD BUSINESS~ The Commission asked if there had been any response to Chief Winkelhake's letter to Julia Rembert regarding the alleged racial incidents between members of the public and the Iowa City Police Department. Shank stated she had not been made aware of a response. She also stated that she had an Afro-American male come to her office this past week and allege harassment by the police. Shank gave him the number for the Iowa Civil Rights Commission, the Iowa Commission on the Status of African-Americans, Joe Knight, and the NAACP. Galetad said the commission must be sensitive to people's perception that there is discrimination. We cannot be deluded into thinking that racism doesn't exist in Iowa City. NEW BUSINESS~ Shank mentioned that she again tried to find out from HUD whether Iowa City's Human Rights Ordinance is substantially equivalent to the Fair Housing Act. HUD has been in possession of our Ordinance since Nove~uber. The decision was suppose to come down in April. The person with whom Shank spoke in Washington D.C., did not know the status of the decision making process. In order to get grant money to conduct housing investigations and promote fair housing, HUD requires that a local Ordinance be substantially equiPalent. The grant application deadline for available money is June 20, 1995. The Iowa City Human Rights Commission cannot receive any grant if the Ordinance is not accepted by HUD. The Commission may not receive word on the acceptability of our Ordinance until it is too late to work on the grant. Harvey said Shank should wait until the Commission hears from HUD before she starts working on the grant. PUBLIC DIBCUSBION~ None. MEETING ~%DJOUP.NED AT 8~10. 3 DRAFT HUMAN RIGHTS COHMISBION MINUTES OF JUNE 26, 1995 MEMBERS PRESENT: Alison Ames-Galstad, Patricia Harvey, Dautremont, Joan Jehle and Ann Shires. Mel MEMBERS ABSENT: Ken Gatlin and Dorothy Paul STAFF PRESENT: Heather Shank, Chairperson Galstad called the meeting to order at 7:05 p.m.. Minutes from the last meeting approved. GUEST DON WOOD~ Mr. Don Wood works as the Information Specialist for cable in the City of Iowa City. He is in charge of Info-vision. Info-vision allows persons who watch channel 4 to acquire information from different graphic screens. He came to the Commission to inform Commission Members as to what is available. There are interactive educational programs available. Dautremont mentioned that ske had seen one on drunk driving. Wood will take pamphlets from organizations and create a package. He is working on interactive stories. Wood suggested the Commission could have their own category. Galstad suggested information on housing discrimination and Shank indicated that perhaps all types of discrimination could be included. Harvey offered that it would be useful' to have information on the Commission itself. Mr. Wood indicated the information screen is often used to announce events that are coming up. Shank indicated she would bring the Human Rights Commission Pamphlet to Mr. Wood in the morning and discuss the possibility of organizing the Human Rights Category. INTRODUCTION OF CYNTHIA RILEY~ Ms. Commission. Ms. Riley assumed Investigation on Wednesday, June 21, until the end of August. Riley was introduced to the the position of Temporary 1995. Her position will last VACANCY ON THE COMMISSIONS According to Shank there has been only one application for the first vacancy on the Human Rights Commission. Shank indicated she called and spoke with all of the individuals who had expressed a desire to be on the Commission. Dautremont stated that she spoke with many people regarding the vacancies. Jehle stated that the Human Rights commission should be sending out the applications to persons who express an interest rather than expect them to come to the clerk's office to acquire the application. BYLAWS~ Ann Shires reported that the bylaws are complete. The changes include the provision that if the City Attorney or Human Rights Commission Team require an extension of time to review the case, they can, with good cause, be granted that extension. Mel Dautremont indicated that the word "can" be put in front of the words, "with good cause." Galstad moved to pass the bylaws as 1 amended and Dautremont seconded the motion. Shank commended the bylaws committee, Ann Shires and Joan Jehle for the great job they did on the bylaws. Pat Harvey inquired as to whether Shank had had any luck with predetermination settlements. Shank indicated that only one case had been settled using this method. Shank indicated that mediation seemed to be the favored method to resolve cases by the respondent and complainant. Shank mentioned that the predetermination settlement put her in the position of an advocate for the complainant whereas in a mediation, there is a paid mediator who works out the settlement and Shankremains in the neutral position. Shank suggested that the Human Rights Ordinance be revised to include mediation as an option. The Commission suggested the mediation resolution be studied for a period of one year. If it proves to be a successful means of resolving the cases, the Commission will consider revising the Ordinance. HUmAN RIGHTS BREAKFAST: The Commission scheduled the Human Rights Breakfast for October 11, 1995 at 7:30 a.m.. Discussion was held as to whether the event should take place at the Holiday Inn or the Union. It was determined that the breakfast should be at the Iowa Memorial Union. Shank indicated that she would call the Union tomorrow. Galstad recommended that Susan Mask be asked to be the keynote speaker. It was agreed that Shankwould call Mask tomorrow and ask her. Galetad indicated Mask could speak on Affirmative Action, where is it going? Galstad said as an alternative, Joe Knight could be asked if Susan could not make it. REPORTS OF COMMISSIONERS: Mel Dautremont provided a report for Dorothy Paul who is at a UN conference in San Francisco. She reported that the Unitarian Universalists called Paul regarding the Resolution regarding CEDAW. The Unitarians stated they were so impressed with the Resolution that it was going to become the model used by all the Unitarians nation-wide. The public forum regarding CEDAW will be held on July 18, 1995, at the Iowa City P~blic Library at 7:00 p.m. in room A. Dautremont also reported that side walk sales are July 22, 1995 and Planned Parenthood will have a table outside. Jehle indicated that there is a fund raising for Habitat for Humanity. The event, Iowa 150 Expedition, is a cross-country bike ride to celebrate Iowa's 150 year of statehood. The bike ride will last from Memorial Day to Labor Day and the cyclists will travel over 4,800 miles. The Habitat for Humanity group's goal in participating in this bike ride is to spread the word about the organization and raise funds for the Iowa Habitat .for Humanity. The group is looking for persons interested in sponsoring a bike rider. Jehle has information on the Habitat for Humanity if anyone wants it. OLD BUBINESB~ Discussion on what to put into the orientation packet for new commissioners will be deferred until the next meeting. NSW BUSINESS~ Training session on disability investigations provided by Don Grove tomorrow night at City Hall in Cedar Rapids. CASE STATUS REPORT~ A case was closed this month as a result of mediation. In this case the complainant got their Job back and reimbursement for medical bills. Any further problems will be referred back to the Commission. Three cases are currently being reviewed by t~e City Attorney's office. Another case will be mediated next week. Harvey asked what it meant for a case to be administratively closed. Shank explained that a case would be closed if the elements cf discrimination are not met, ie., an entity is not a public accommodation. Shank stated that transsexuals are not covered under our.ordinance, the State Civil Rights law or the federal law. It was also mentioned that an individual was going to address the city Council regarding his desire that transsexuality be covered. PUBLIC DIBOUSSION~ None. NESTING ADJOURNED AT 8~05 p.m.. MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING 2ND FLOOR ADMINISTRATIVE CONFERENCE ROOM THURSDAY, JUNE 22, 1995 5;00 PM Members Present: Members Absent: Staff Present: Others Present: Stephen Greenleaf, Jeri Hobart, Philip Hubbard, Katherine Moyers, Jesse Singerman, Anne Spencer, Jim Swaim, Chuck Traw Margaret Cox Barb Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green, Martha Lubaroff, Laura Morton, Liz Nichols Mark Martin, incoming Board member CALL TO ORDER: President Greenleaf called the meeting to order at 5:1§ pm The order of the agenda was altered somewhat to allow for the setup of a tape recorder to accommodate the request for a closed session. STAFF REPORTS Craig reported that the new hourly pay scale will go into effect July 1. The staff is preparing for the 3rd annual county-wide WINDOW mailing to take place in September..This mailing will go to all residents of Iowa City and rural Johnson County. The Board should feel free to suggest topics they think should be covered in this once a year widely distributed piece. Development Office Report - Eckholt's report was included in the Board packet. Craig reported that Library Director jobs are open at Ames, Sioux City and Council Bluff. She said that Waterloo is expected to be open by the end of the year. Summer Reading Program got off to a big start at Children's Day. Green reports that 1800 children are registered thus far and things are going smoothly. Craig commented on the three articles of interest she included in the packet. They all pertain in some way to the transmission of information electronically and its effect on libraries. City Annual report. This report, based on accomplishments from each City department during the previous calendar year, was distributed to board members. Johnson County Fair. Barb Black is spearheading our booth at the Johnson County Fair. We will again have a double booth to be shared with other public libraries in Johnson County. The theme is "Growing with Libraries". ICPL BOARD OF TRUSTEES JUNE 22, 1995 PAGE 2 Two giveaways include a pencil and a growth chart for children with appropriate suggested book titles for children located at different heights, Black asked the Board to sign up for shifts to work at the fair. APPROVAL OF MINUTES: The minutes for the meeting of May 25 were approved, Hobart/Moyers UNFINISHED BUSINESS Discuss recommendations from City Attorney's office re adjustments to the CPMI contract, Greenleaf reported that the City Attorney had a few suggestions for revisions which have been included and forwarded to CPMI. At this time Greenleaf asked the Board to consider the request by Craig to go into closed session for the purpose of personnel evaluation, A motion to go into closed session was made by Moyers and seconded by Traw, A role call vote was taken. All present signified approval by saying Aye, The Board adjourned to closed session at 5:30 pm, The regular meeting was reconvened at 5:45 pm. Greenleaf stated that a report was made during the session by the Director's evaluation Committee, A recommendation for a salary increase was made, That recommendation will be made and voted on in open session, DIRECTOR'S EVALUATION COMMITTEE As Chair of the Director's evaluation committee, Singerman moved that the Board approve a 7% increase in the Director's salary for the coming fiscal year to acknowledge her significant contribution in the past year. The motion was seconded by Hobart, All in favor signified by saying Aye, The committee's written evaluation will be placed in Craig's personnel file, NEW BUSINESS Discuss continued participation by the Library in the Community Networking Group. Craig summarized the activity of this group for the board. After two unsuccessful grants the group decided to re- organize and focus oh wl~at was needed to serve the community in the form of electronic networking. Members include representatives from public libraries, Community Schools, Cities of Coralville and Iowa City, Chamber of Commerce, Johnson County, JCCOG, A mission statement and goals were written, The group has been reporting to their respective Boards in order to obtain approval to continue in this endeavor, Their next step will be to put together a proposal with time frame and more concre[s goals, along with resources needed. ICPL BOARD OF TRUSTEES JUNE 22, 1995 PAGE 3 They plan to gather community input, possibly by conducting forums, in order to reach various constituencies who would have need for an electronic network. Crai~ asked if the Board had any questions and sought approval for the library's continued involvement. After responding to some questions regarding future plans and staff involvement, a motion was made that the Board go on record supporting ICPL's continued involvement. Swaim/Hubbard Develop ideas for Board Annual Report: Some suggestions for accomplishments were: Revised and standardized the Director's review. Obtained increased funding for staff train!ng and education. Support of the Community Networking Group. Increased the frequency of Board development sessions. Trustees attended workshops through Iowa Library Association, and over the ICN. Revised agenda order to ensure covering important matters early in meeting. Changed time of meeting in order to better accommodate members schedule. Worked with other libraries and were especially supportive of Coralville PL's desire to obtain county contract. Negotiated contracts with Meyer, Scherer & Rockcastle and CPMI. Exploring options for expansion. In terms of Board policies, focus on the policy and begin to remove the procedures. Board members remain eager to deal with public issues and be spokespersons regarding library. Plans for next year include passing a referendum, increasing electronic access and developing a unified plan for consistent public relations and information regarding library. Other ideas included supporting the Community Networking Group and reviewing Board member orientation. Susan will draft the report and it will be reviewed at the July meeting. NEW BUSINESS Approve FY97 contracts with State/Regional Agencies 1. Open ACCESS - Traw made a motion to adopt, Singerman seconded. All in favor signified by voting Aye. ICPL BOARD OF TRUSTEES JUNE 22, 1995 PAGE ¢ Access Plus, Craig pointed out that the reimbursement rate has been raised from ~1,50to ~2,00 in recognition of increased costs, Singerman made a motion to adopt, Traw seconded, All in favor signified by voting Aye East Central & Southeast Regional Library Systems, A portion of this contract is used to provide substitute staff to the Regional Reference Office, Other income from this contract is about 915,000and pays for the use of an office, our collections, reference material and interlibrary loans, A motion was made to approve this contract by Spencer and seconded by Singerman, All in favor signified by voting Aye, East Central Regional Library, A motion was made by Singerman and seconded by Hobart to approve this contract, All in favor signified by voting 'Aye, Craig reminded the board that the income from all contracts is the bulk of our NOBU funds. PRESIDENT'S REPORT Election of officers, The nomir~ating committee presented a slate: Traw as President, Spencer as Vice-President and Singerman as Secretary, Good slate says the Nominating Committee, Moyers moved approval, Hobart seconded, All in favor voted Aye. Singerman thanked the current officers for all their service. Greenleaf reported on the Council meeting of May 30, He gave Council an update on the building project, Greenleaf reported that he expects the appraisal of the Lenoch & Cilek property at the end of June, Plans were confirmed for the July Board meeting which traditionally culminates with a dinner with old and new Board members, The dinner will take place at 6:30 pm at the Kitchen on July 27 after the Board meeting, ANNOUNCEMENT FROM MEMBERS Moyers stated that it has been a sincere privilege and pleasure to serve on the Board, It was stated for the record by Trustees that retiring Board members Moyers and Hobart be commended for their contribution, COMMITTEE REPORTS Action of Director's Evaluation Committee noted above, ICPL BOARD OF TRUSTEES JUNE22,1996 PAGE 5 COMMUNICATIONS Letter from Hempels received, FINANCIAL REPORTS DISBURSEMENTS Visa expenditures for May were reviewed, Disbursements for May were approved, Hobart/Moyers SET AGENDA ORDER FOR JUNE MEETING Review Board Annual Report Strategic Plan Review ADJOURNMENT: Meeting was adjourned at 6:40 after a final motion by Moyers/Hobart Minutes taken and prepared by Martha Lubaroff, MINUTES IOWA CiTY PLANNING AND ZONING COMMISSION THURSDAY, JUNE 15, 1995 CIVIC CENTER COUNCIL CHAMBERS Subject to Approval MEMBERS PRESENT: Ann Bovbjerg, Sally Dierks, Dick Gibson, Jane Jakobsen, Tom Scott, Lea Supple MEMBERS ABSENT: George Starr STAFF PRESENT: Charles Denney, Kadn Franklin, Sarah Holecek, Scott Kugler, Robert Miklo, Lita Sorensen RECOMMENDATIONS TO COUNCIL: Recommend approval, by a vote of 6-0, of ANN95-0006 and REZ95-001.1, an applica- tion submitted by Howard Winebrenner, on behalf of Kirkwood Community College, to annex and rezone 39.3 acres located in the southwest quadrant of Highway 218 and Highway 1 interchange from RS, Suburban Residential, to C1-1, Intensive Commercial, and a City-initiated application to annex and rezone the Highway 218/Highway 1 inter- change from RS, Suburban Residential, to C1-1 Intensive Commercial. Recommend denial, by a vote of 6-0, of REZ95-0006, an application submitted by Walden Development Company to rezone 4.3 acres located west of Mormon Trek Boulevard and north of Walden Court form RS-8, Medium Density Single-Family Resi- dential, to OPDH~8, Planned Development Housing Overlay. Recommend approval, by a vote of 6-0, of SUB95-0014, an application submitted by Myles Braverman for preliminary plat approval of Walden Wood, Part 8, a 12-1ot, 4.3 acre residential subdivision located west of Mormon Trek Boulevard, north of Walden Court, subject to final approval by Public Works of the revised plat prior to Council consideration of the plat. Recommend denial, by a vote of 6-0, of CZ9506, a request to rezone approximately 8.55 acres from RS, Suburban Residential, to CP2, Planned Commercial, for property located within Fringe Area 1 on the south side of Highway 1 at its intersection with Landon Road. Recommend approval, by a vote of 8-0, of REZ95-0008, an application submitted by Southgate Development to rezone an approximate 35,000 square foot parcel located on Northgate Drive from RDP, Research Development Park, to CO-1, Commercial Office, and to amend the development standards for the Northgate Drive RDP zone as recommended in the staff report. Recommend denial, by a vote of 6-0, of CZ9514, an application submitted by Robert Wolf to rezone 128.6 acres from A1, Rural, to RMH, Manufactured Housing Residential, for property located south of the Iowa City Airport in Fringe Area 7. Recommend approval, by a vote of 5ol, of SUB95-0011, an application submitted by Richard and Julie Berry for preliminary and final plat approval of Rober Subdivision, a 1.19 acre, two-lot residential subdivision located on Seventh Avenue, north of Roches- terAvenue subject to approval of legal papers prior to City Council consideration of the plat. Planning & Zoning Commission June 15, 1995 Page 2 2 Recommend approval, by a vote of 6-0, of SUB95-0015, a request submitted by Irene Pelsang for final plat approval of Pel{~ang Place, a 1.02 acre, three.lot residential subdivision located on the southeast corner of the intersection of Washington Street and First Avenue subject to approval of legal papers prior to City Council consideration of the plat. Recommend approval, by a vote of 6-0, of SUB95-0016, a request submitted by William Boyd, for preliminary and final plat approval of Highland Heights, Part Two, a 3-lot, 22.33 acre residential subdivision located south. of Dingleberry Road, east of Highway 1 subject to approval of legal papers prior to City Council consideration of the plat. 10. Recommend approval, by a vote of 6-0, of SUB95-0017, a request submitted by Dave- Ed Ltd. for final plat approval of Galway Hills Subdivision, Part Two, a 14.71 acre, 24-1ot residential subdivision located in the southeast quadrant of the intersection of U.S. Highway 218 and Melrose Avenue, at the end of Galway drive subject to approval of legal papers, construction plans and tree protection plan pdor to City Council consider- ation of the plat. 11. Recommend approval, by a vote of 5-0, of SUB95-0018, a request submitted by Tom Lepic for preliminary plat approval of Walden Wood, Part Nine, a 6-1or, 3.01 acre residential subdivision located on Walden Road west of Mormon Trek Blvd. 12. Recommend approval, by a vote of 5-0, of VAC95-0002, a request submitted by Bernard and Joanna Milder to vacate an alley located east of Gilbert Court, immediately south ofthe Iowa Interstate Railway, subject to the retention of a 5-foot easement along the north edge of the alley for storm sewer and ditch maintenance, and subject to the retention of easements for any utility that may exist within this right-of-way. 13. Recommend approval, by a vote of 5-0, of VAC95-0003, a request submitted by Courtney T. Harris to vacate the final plat of Fox Hollow, a 31-1ot, 52.21 acre subdivision located in Fringe Area 5 north of Herbert Hoover Highway and west of Taft Avenue. 14. Recommend approval, by a vote of 5-0, of amendments .to City Code Section 14-6S- 10B and 14-6S-10C, location of underground storage tanks. CALL TO ORDER: Chairman Scott called the meeting to order at 7:45 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNEXATION/REZONING ITEM: ANNg5-0001/REZ95-0011. Public discussion of a request submitted by Howard Wine- brenner, on behalf of Kirkwood Community College, to ahnex and rezone 39.3 acres located in the southwest quadrant of the Highway 218 and Highway 1 interchange from RS, Suburban Residential, to C1-1, Intensive Commercial, and a City-initiated application Planning & Zoning Commission June 15,1995 Page 3 3 to annex and rezone the Highway 218/Highway 1 interchange from RS, Suburban Residential, to C1-1 Intensive Commercial. Kugler said this was a request for voluntary annexation. He said that in order to annex the property, the City would also have to annex the interchange itself to achieve continuity with the current City boundary. He said the proposed zoning is C1-1, Intensive Commemial and that the initial use of the property would be new and used auto sales and sewice. He said that al- though the short-ranged development of this area is n(~t contemplated by the Comprehensive Plan, petitions for voluntary annexation should be viewed positively, according to the Plan, where the control of development at entryways to the community is in the City's best interest. He said staff feels that is the case with this application. He said the annexation would require extending a water main south across the 218 and Hwy 1 right of way and the reimbursement would be taken care of through tap on fees as the property to the south and west of the highway develops. He said sewer was not available at the site currently, and that an on-site treatment system would be utilized. He said staff feels that the proposed rezoning is consistent with the comprehensive plan and the surrounding zoning. He said staff recommends approval of both the annexation and rezoning. Public discussion. There was none. Public discussion closed, MOTION: Bovbjerg moved to approve ANN95-0001/REZ95-00'11, a request submitted by Howard Winebrenner, on behalf of Kirkwood Community College, to annex and fezone 39.3 acres located in the southwest quadrant of the Highway 218 and Highway 'I inter- change from RS, Suburban Residential, to C1-t, Intensive Commercial, and a City-initiat- ed application to annex and rezone the Highway 2'181Highway '1 interchange from RS, Suburban Residential, to C1.1 Intensive Commercial. Jakobsen seconded. Scoff said he would like to compliment staff and the developer in their efforts working together to voluntarily annex the site into the City. Dierks said she was concerned about the area being an entryway into the City and making sure the landscaping is adequate. She said they had looked at that with each parcel along Hwy 1 to the north of this site. She asked staff if the rezoning would include the property where a century old farm house was located. Kugler said no. Bovbjerg asked if their was an anticipated time that the water main would be extended Kugler said it would be extended whenever necessary for the property to be developed. The motion carded on a vote of 6-0. DEVELOPMENT/REZONING ITEMS REZ95-0006. Public discussion of an application submitted by Walden Development Company to rezone 4.3 acres located west of Mormon Trek Boulevard and nodh of Walden Court form RS-8, Medium Density Single-Family Residential, to OPDH-8, Planned Development Housing Oreday. SUB95-0014. Public discussion of an application submitted by Myles Braverman for preliminary plat approval of Walden Wood, Part 8, a 12-1ot, 4.3 acre residential subdivi- sion located west of Mormon Trek Boulevard, north of Walden Court. Planning & Zoning Commission June 15, 1995 Page 4 4 Ku.gler said regarding REZ95-0006, staff had received two revisions to the plan since the informal meeting Monday night. He said at this point the drainage situation and erosion control plan had been approved by City staff. He said a plat addressing ease- ment concerns was submitted late that afternoon and it had not yet been approved by Public Works, although it appeared that everything had been taken care of. He said that if the Commission decides to approve the plan, that they do so subject to final approval by Public Works. Kugler said that concerning SUB 95-0014, the subdivision does comply with all the zoning requirements of the RS-8 zone and the subdivision regulations. He said there had been revisions to the drainage and erosion control plan since Monday night and that it had been approved by Public Works, He said there were still questions about easements, so staff recommends approval subject to final approval by Public Works of the latest plat. He said the Parks and Recreation Commission continues to recommend fees in lieu of dedicated open space. Dierks asked what the reasoning was for Parks and Recreation's decision to recommend fees to take care of the open space requirement. Miklo said the main concern was that the topogra- phy was too rugged to put a trail in the area and that it would be a liability. Kugler said that Outlot A on the plat indicating proposed open space would have to be changed to pdvate open space maintained by the homeowner's association, or incorporated into Lot 1. Miklo said Parks and Recreation had indicated there were other alternatives to complete a trail system in the area and that Outlot A was not needed. Dierks asked that, since Parks and Recreation had declined the land for open space, if there was any measure the Commission could take to retain it. Miklo said the Commission could make an alternative recommendation to Council. Public discussion. Richard Carv, 2416 Walden Court, spokesperson for the Walden Court Neighborhood Associa- tion, reiterated concerns the neighbors had about water and silt runoff in the area, density problems, concerns in maintaining open space, and the belief that the proposed plans do not suit the land. He said the Walden Court Association finds REZ95-0006 unacceptable, and believes SUB95-0014 a better plan, although there were still considerable problems. Cary said he would like to see better water control on the 12-1ot plan. Kugler said the plan for SUB95-0014 Cary had seen last had been revised quite a bit and may address some of his concerns. Cary said he could not respond to something he had not seen. Scott said that criticisms and comments made at the work session often appear as changes at the formal meeting. Charles Reed, 1240 Jensen St., representing the Walden Wood Neighborhood Association, said the neighbors preferred the 12-1ot plan because of traffic concerns associated with high density. He said the neighbors did not want to see rental property in the area. He said the Walden Wood Association would be willing to maintain the area that had been proposed for open space, but they would prefer not to own the land. Miklo said that if the plat is approved for SUB95-0014, the open space in question would remain private open space and the City would not have liability for it. Dierks asked if the land could be fenced off. Miklo said it was pdvate open space and the owners could do with it as City codes permitted. Bovbjerg asked if the homeowner's association paid for the land, would it become part of all the resident's property deeds. Miklo said typically there is some provision Planning & Zoning Commission June 15,1995 Page 5 5 in the homeowner's association requiring maintenance responsibility and liability. Bovbjerg asked that if someonb bought a lot would they be buying a part of the open space. Miklo said he did not know how the develbper would address that, He said he believed it would have to be part of the homeowner's association because it was not a buildable lot, and the State code requires an outlot to have a designated use. Patricia Peyton, 2428 Walden Court, said there had been many problems with mud and water coming into people's homes and that this was a serious concern. She urged the Commission to take the people's concerns seriously. Lucille Heitman, 1224 Jensen Court, said she was a member of the Walden Woods Associa- tion. She said the majority of the members would like to see approval of SUB95-0014 because it maintains the character of the neighborhood and is consistent with the surrounding zoning. Geoff McClennan, 2555 Walden Woods, said he went to the Parks and Recreation meeting where they discussed the open space issue. He said the community felt open space was important. He said the residents were happier with the single family development plan if it was done well. David Depue, 2630 Walden Road, said he was a resident of Walden Woods. He said he wanted to second the concerns of the neighbors who had spoke. He said he is particularly concerned about open space, and that he would like Parks and Recreation to take another look at the trail system in the area. Glenn Siders, of South(~ate Development, said he wanted to address the open space concern. He said they would prefer the open space become City owned. He said the gas line easement on the property prohibits b~ilding there. He said they did not have desire to clear the trees there, or do anything with it. He said that they would deed the property to the homeowner's association so that Southgate would not be responsible for maintenance. Scott asked if part of Outlot A would contain a storm sewer to be constructed. Siders said yes. Pat Ba(~lev, 2410 Walden Court, said she was concerned about flooding in the back of her condominium, She said the hill where. building is proposed is very steep and she didn't now why anyone would want to live there. She said there needed to be more open space in Iowa City. Public discussion closed. MOTION. Jakobsen moved to approve REZ95-0006, an appllcation submitted by Walden Development Company to rezone 4.3 acres located west of Mormon Trek Boulevard and north of Walden Court form RS-8, Medium Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay. Dierks seconded. Dierks said she though the plan was too dense and out of character with the n~ighborhood. Gibson said he wanted it clear that the so called 12-1or plan could contain duplexes with the potential for 18 dwelling units. The motion was defeated on a vote of 0-6, Planning & Zoning Commission June 15, 1995 Page 6 5 MOTION. Gibson moved to deny REZ95-0006, an application submitted by Walden Development Company to fezone 4.3 acres located west of Mormon Trek Boulevard and north of Walden Court form RS-8, Medium Density Single-Family Residential, toOPDH- 8, Planned Development Housing Overlay. Dierks seconded, The motion carried on a vote of 6-0. MOTION. Gibson moved to approve SUB95-0014, an application submitted by Myles Braverman for preliminary plat approval of Walden Wood, Part 8, a t2-1ot, 4.3 acre residential subdivision located west of Mormon Trek Boulevard, north of Walden Court, subject to final approval of the revised plat by Public Works prior to Council consider- ation of the plat. Disrks seconded. Jakobsen said she would like the record to show that there was a lot of concern about water runoff on the property and that the City should be very vigilant in watching construction. Supple brought up Outlot A. Sco[t said he though they would introduce this in a separate motion. He asked staff whose responsibility the maintenance of the sidewalk on the north side of Lot 12 would be. Kugler said they were suggesting it be the responsibility of the homeowner of Lot 12, to be specified in the legal papers. Scoff asked if that could be done in the final plat as opposed to the preliminary plat. Holecek said it might as well be added as a condition of the legal papers to address the maintenance of the sidewalk north of Lot 12. MOTION. Gibson moved to amend the main motion to include approval of SUB95-00'14 subject to the maintenance of the sidewalk on the north side of Lot 12 being addressed In the final legal paper prior to City Council consideration of the final plat. Dlerks sec- onded. The motion carried on a vote of 6-0. Bovbjerg asked if Public Works could also inspect variation in the building being done. Kugler said since this was a subdivision, the storm sewer and construction drawings would have to be approved by engineering before work is started and before the City accepts it, it would need to be approved. Bovbjerg asked that if there was a lot of runoff not being taken care of, what the procedure was to address thi~. Holecek said that their were civil remedies that Walden Woods could take if the problems were not addressed by the developer. Scott said if in fact dudng construction there were problems with runoff, the neighbors should first call the City. The main motion, as amended, carried on a vote of 6-0. SUB95-O019/CZ9506. Public discussion of an application submitted by Lyle Donohoe for preliminary and final plat approval of Donohoe Fourth Subdivision, a 11.35 acre, 2-lot subdivision, and a request to rezone approximately 8.55 acres from RS, Suburban Residential, to CP2, Planned Commercial, for property located within Fringe Area 1 on the south side of Highway 1 at its intersection with Landon Road. Planning & Zoning Commission June 15, 1995 Page 7 7 Kugler said staff has analyzed the proposed rezoning request and finds that the expansion of the commercial zoning is in direct conflict with the Fringe Area Policy. He said staff is con- cemed about strip commemial development along this area of Highway 1. He said increased traffic levels and side-friction created by commercial uses were also issues, and that although the appropriateness of residential zoning on the parcel may be questionable, commercial rezoning of the area is not justified. He said staff recommend the rezoning request be dehied. He said in regards prelimina~j and final plat approval of SUB-0019, staff is recommending that it be deferred pending resolution of the zoning. He said the applicant has indicated the possibility of withdrawing the rezoning to see the subdivision go through. Public discussion. Dean Beranek, 1917 South Gilbert Street, said that when the rezoning was originally proposed, it was determined it would be the best use of the land. He said that at the first County Planning and Zoning Commission, several issues were raised, including the Health Department concerns about sewage in the commercial zoning, and land use concerns. He said that MMS Consul- tants had expressed that they had an offer from Big 10 Towing, who occupies the area current- ly. He said it was their concern the subdivision proceed so they could complete the transaction. He said the County is proceeding on the subdivision plat by reviewing it with the existing zoning. He said the technical medts of the plat meet both the commercial and residential uses and since the zoning was in place and the plat effectively divided the property along the zoning line, the County Commission felt they could proceed with the plat. He said he would like the City Commission to proceed with the plat and that most of staffs concerns had been ad- dressed. Scott asked where this left the Commission if they were to defer the rezoning and vote in the negative on the plat in regards to recommendation to Council. He said it was his understand- ing that if the City recommends denial, it then kills the proposed subdivision. He said that if the subdivision is in place, and the City recommendation is negative, that would deny the resub- division of the plat. Holecek agreed. Miklo said there would need to be a good reason to deny the plat. He said staff would prefer the Commission act on the rezoning first and send a message to the County on that and before the plat, voting on it after the County has decided the issue of zoning. Scott said that if they took that route, the plat could not be finally acted upon by the Board of Supervi- sors until the City Council sends their recommendations to the Board. Holecek said this'was correct. Kugler said if the plat was deferred, they would need a waiver of the 45 day limitation pedod. He said instead of requesting a waiver, they defer the subdivision to the meeting o.f July 6, and if they don't have the waiver at that point, the Commission could vote accordingly. MOTION, Dlerks moved to recommend that City Council forward a letter recommending denial of CZ9506 to the Johnson County Board of Supervisors due to its inconsistency with the mutually agreed upon Fringe Area Agreement. Gibson seconded, The motion carried on a vote of 6-0, Planning & Zoning Commission June 15,1995 Page 8 8 MOTION. Bovbjerg moved to defer SUBS-00'19, a request for preliminary and final plat approval of Donahoe Fourth Subdivision, until CZ9596 is acted upon by the Johnson County Board of Superv~sora, until the Planning and Zoning Commissions meeting of July 6, 1995. Gibson seconded, The motion carried on a vote of 6-0. REZONING ITEMS REZ95-0008. Public discussion of an application submitted by Southgate Development to fezone an approximate 1.82 acre parcel located on Northgate Drive from RDP, Research Development Park, to CO-1, Commemial Office, and to amend the develop- ment standards for the Northgate Drive RDP zone. Miklo said staff recommends that the northern approximately 35,000 square feet of Lot 4 of Northgate Corporate Park be rezoned from RDP to CO-1, and that the development standards for the Northgate Corporate Park RDP zone be revised by repealing section 10.30.3 and replacing it with the attached language as listed in the June 15, 1995 staff report. Public discussion. There was none. Public discussion closed. MOTION. Gibson moved to approve REZ95-0008, an application submitted by Southgate Development to fezone an approximate 35,000 square foot parcel located on Northgate Drive from RDP, Research Development Park, to CO-1, Commercial Office, and to amend the development standards for the Northgate Drive RDP zone as recommended in the staff report. Jakobsen seconded. The motion carried on a vote of 6-0. REZg5-0010. Public discussion of a request submitted by Bob P. Bums and the Greater Iowa City Housing Fellowship for a rezoning of approximately 7.8 acres located east ~3f Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single- Family Residential, to OPDH-8, Planned Development Housing Overlay. Scott said they would need a waiver from the developer to the Commission's meeting of July 6 b~cause it was normal to have two meetings for public discussion and the Commission planned to adhere to that rule. Franklin said she wanted to talk about the context of the project, She said that what the Commission does often has an impact on housing in Iowa City. She said in the Comprehen- sive Plan, there is a policy that talks about meeting the housing needs of Iowa City citizens. She said there are two ways that this can be done, through a regulatory process in which land is zoned that make housing opportunities available to the community, determining what kind of housing opportunities are available. She said the other way the City has of effecting housing available is through funding programs through federal, state, or local monies used for housing assistance, rehabilitation, and private/public partnerships fostering the construction of affordable housing. She said the Planning and Zoning Commission is usually not involved in these Planning & Zoning Commission June 15, 1995 Page 9 9 funding programs, and pdmadly the funding for these projects come from the federal govern- ment. She said there are two other commissions within the City dealing with this, the Housing Commission and the Commission on Community Needs, She said their focus is on meeting the housing needs of low to moderate income people in Iowa City. She said they have recommended, and the City has adopted, a plan called City Steps, a consolidated plan which is required by Housing and Urban Development for the City to receive and allocate monies for housing projects. She said there is a need for over 2000 rental units targeted for a low to moderate income population in Iowa City. She said what that means is that the rent in those units is low enough that a family which has an income of 60 or 80 percent of the median income does not use in excess of 30 percent of their income to pay rent. She said it has been the target of City Steps and the Comprehensive Plan to ensure that housing meets the needs of Iowa City Citizens, some of whom meet these income guidelines. She said the project the Commission would be looking at had received a funding subsidy through the Community Development Block Grant, and Home programs for 500,000 dollars. She said the money is to acquire land to foster affordable rental housing construction. She said the Greater Iowa City Housing Fellowship and Bums and Associates as the partners who were going to proceed with the project first needed to find land. She said that is where the second role of the City comes into play, the regulatory process, and that is what the Commission is confronted with tonight. She said the project would require a change in zoning, and that she wanted to place the rezoning request in the context of housing policies established and developed by the City. Gibson asked if it was median family income or per capita income on which the project was based. Franklin said it was based on Housing and Urban Development guidelines. Bovbjerg asked if the partners involved were private enterprises. Franklin said the Greater Iowa City Housing Associates was a nonprofit organization and Bums and Associates were developers. Miklo said the rezoning before the Commission was being considered for a Planned Develop- ment Hou.sing Overlay (OPDH-8) for 4.1 acres of the tract. He said the southern portion of the property would be retained by the Ruppert family and is proposed for a future OPDH develop- ment. He said in looking at the rezoning, staff refen'ed to the Comprehensive Plan and that the RS-8 zoning is appropriate. He said the RS-8 and OPDH classification in the area would serve as a transition from the CN-1 zone to the RS-5 zone. He said the Comprehensive plan also contains policies encouraging a diversity of housing types, a provision for affordable housing, and the location of medium and higher density housing near transit lines. He said this was one of the few properties in Iowa City that contain these characteristics. Miklo said thero were some traffic constraints on Dodge Street. He said there is a proposal in the Capital Improvements Program for the reconstruction of this portion of Dodge Street. He said that with these improvements, Dodge Street will have improved traffic capacity. He said in the interim, the transportation planner believes that the traffic would not be at such a level that it is an unsafe situation. He said that if the remainder of the Ruppert property was developed as an OPDH-8 in the future, to minimize curb cuts on Old Dubuque Road, staff recommends a shared vehicular access easement be provided. He said that Shimek school located in the area is one of the only schools in the City which does not have capacity. He said that Parks and Recreation will be reviewing the project for open space concerns. He said that staff would only recommend approval of an OPDH plan which is designed to minimize the amount of development hear the steep slope present. He said this would help provide a buffer between the development and the lower density family development on Bristol Drive. He said the area is covered by a natural Planning & Zoning Commission June 15, 1995 Page 10 10 woodland, and it would be impossible to develop the land and retain the entire woodland, but the OPDH plan would preserve as much as possible. Miklo said the applicant had submitted two alternative OPDH plans. He said staff believes OPDH plan labeled F is better addresses the requirements of the proposed rezoning. He said that in this case, the apartment complex will be occupied by families which for the most part will own only one automobile. He said therefore, the reduction in the number of parking spaces required by the Zoning ordinance may be warranted. Miklo said staff recommends that the application be approved pending resolution of the deficiencies and discrepancies listed in the staff report. Dierks asked if at a later date, more parking was required, did the City have the ability to enforce it, Miklo said there would be pedodic inspections. Bovbjerg asked if the plan would have an impact on the ravine in the area. Miklo said it would, but that it would be worked out with the applicant so that storm water detention basin is not built in the ravine and the amount of tree removal is minimized. Public discussion, Robert Bums, of Bums and Associates, said he wanted to clear up a couple questions. He said in terms of occupancy, they were prohibited from renting to students, and that is why they were requesting the change in parking requirements. He said concerning the issue of property taxes, the way the project will be structured and owned, they will be paying full property taxes, both City and County. He said he had reviewed the staff report and agrees with it completely. He showed the Commission a site plan exhibiting two-story complexes and a community center, going over architectural specifics. He said the buildings had been designed to be compatible with the surrounding neighborhood. He said the site plan preserves the existing grove of trees on Dubuque Road, and that evergreen trees would be planted as an additional buffer. He said the neighbors in the area had been contacted before the application had been submitted and that he had shared the preliminary site plans. He said they had met with representatives from the neighborhood throughout the application process. Mary Losch, 1252 Oakes Ddve, said she represented all th~ neighbors in the area. She said they had made many inquires as to how to address the issues efficiently and had been told eady on the Planning and Zoning Commission was not the appropriate forum in which to discuss social issues. She said she had been told the City Council was the appropriate place for this. She said that tonight she would not address the who. She said she wanted to express strong opposition to the proposed rezoning, and that for many of the residents of the area, the low density was a factor in choosing to live there. She said the neighbor's main concerns were safety and traffic. She showed a video tape of the area and of traffic on Dodge Street illustrat- ing her concerns. She said she had reviewed the Comprehensive Plan and the staff report and said that the neighbors were also concerned about affordable and diverse housing in Iowa City. She said that they did not believe the proposed benefits outweighed the probable adverse effects. She said the largest problem was the lack of compliance between the proposed OPDH plan and the existing Comprehensive land use plan. She asked the Commission deny the request for rezoning of the property. Jim Kessler, no address qiven, said he has lived directly north of proposed development area since 1942. He said he was in total agreement with Mary Losch. Planning & Zoning Commission June 15, 1995 Page 11 11 Richard Donahue, 1515 Dubuc~ue Road, said if the development goes into the area he will go. He said he hoped open space would be preserved because there are several different kinds of wild flowers in the area. Dean Thomberry, 1202 Oakes Ddve, said he wanted the members of the Commission to drive the area. He said he wanted this project put in the area already zoned for multi-family develop- ment. Tracy Vooaril, 35 Coneflower Court, said she was on the Board of Trustees for the Greater Iowa City Housing Fellowship. She said as a tenant of their housing projects she was thankful for the organization and said she had no problem with the proposed plan whatsoever. Ruth Wacmnner, 614 Keswick Street, said that the Fellowship had worked for years on the goal of everyone present-to develop affordable housing for people of all ages. She said the needs are great and she would appreciate the Commissions support of the rezoning. Boyd Crosby, 1744 Quincent ~!ree.t, said that the central issue was zoning and density. He said the current RS-5 zoning should be maintained. Richard Park, 80 Ealinq Drive, said h~ represented Ecumenical Consultation Churches. He said the churches had collected funds to promote the housing plan. He said he wanted to thank the Commission for its consideration. Liz Allen, 1960 Broadway Street, #7C, said she was a member of the Fellowship. She said there should be more low income housing opportunities in Iowa City. She said she understood the traffic concerns, but that the Fellowship had worked hard to find a suitable area. She said all people cannot live in large lot homes but all have a right to live in Iowa City. Richard Rhodes, 2014 Rochester Avenue, said he was confused about the voting procedure. Miklo said the preliminary OPDH plan would be voted on. Rhodes said he would like to comment that the ravine mentioned on the site should be minimally disturbed in order to protect drainage to Hickory Hill park. Bill Sueol3el, 1408 Bdstol Ddve, said the proposed development is not in concordance with the Comprehensive plan. He said that he had specifically chosen to live in the area in 1967 because of the low density. He said that the Commission would not consider a plan like this for the area unless it was low income housing. He said since federal funds were invdved, a federal environmental impact statement was needed. He said the traffic situation was getting worse. He had additional concerns about the water pressure, parking, and also said there may be problems with water back up in the ravine. He said he had no objection to this type of housing, but he objects to the density. Elizabeth Swenson, 829 Kirkwood Avenue, said she was a representative of the Fellowship. She said the residents of the apartments proposed might be clerks, custodians, nurses aides, all roles that are critically important to the community. She said she felt the neighbors concerns were valid. She said that the housing development could be beneficial to both groups, and she thought the park proposal mentioned eadier may be integral to the integration of all the residents of the area. She said it was important for the Commission to approve the proposal. Public discussion closed, Planning & Zoning Commission June 15, 1995 Page 12 12 MOTION. Supple moved to defer REZ95-0010, a request submitted by Bob P, Burns and the Greater Iowa City Housing Fellowship for a rezoning of approximately 7.8 acres located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay. Jakobsen seconded. Scott said that a verbal waiver followed by a written waiver was needed for the 45 day limitation pedod for the plan. Bums indicated that this was acceptable, Dierks said she would not be at the July 6 meeting and that she had a few comments. She said that up front she had no idea how she would vote. She said she understood the neigh- bors concerns. She said the number of units proposed is outside the Comprehensive Plan and that it needed to be changed, with the zoning request amended to an RS-12. She said there is a very definite need for this type of housing, and that she sees this area as not having enough existing multifamily housing. The motion carried on a vote of 6-0. CZ9514. Public discussion of an application submitted by Robert Wolf to rezone 126.6 acres from A1, Rural, to RMH, Manufactured Housing Residential, for property located south of the Iowa City Airport in Fringe Area 7. Miklo said the applicant had received an FAA permit for the project, but despite that recommen- dation, staff reiterates the recommendation of denial. Public discussion. Robert Wolf, 3732 Humminq_bird Lane, said he had looked at the property from a physical standpoint and that the lake would be utilized as a focal point of the development. He said the airport is using approximately 70 acres of the property, most of which is taken up by the lake. He said he had received an OK from the FAA to build a street in the area and that there was no intention of putting units in the glide path. He said he realized it does not fit into the Fdnge Area Agreement but that it was important to address low income housing. Supple asked if there was a demand for mobile home park housing. Wolf said he had already started a waiting list. Kadn Williams, no address qiven, said she lived on the north side of the proposed court. She said she did not want it next door to her. She said she had concerns about the lake. She said she thought the idea good but that the plan was unacceptable. Torn Williams, no address given, said he didn't understand why the Winebrenner tract had been annexed and this proposed development would not be. Scott said the Winebrenner tract was a voluntary annexation and the Wolf's had opted not to come in for annexation. Miklo said that if the land use had been appropriate staff would have urged annexation. Public discussion closed. MOTION, Jakobssn moved to recommend that City Council forward a letter to the Johnson County Board of Supervisors stating CZ95'14, an application submitted by Robert Wolf to fezone ~26.6 acres from A1, Rural, to RMH, Manufactured Housing Planning & Zoning Commission · June 15,1995 Page 13 13 Residential, for property located south of the Iowa City Airport in Fringe Area 7, is ~ot consistent with the approved policy for Fringe Area 7 and should be denied, Gibson seconded. Dierks said that if the County decides to approve this despite the Commission's rejection, she would like to see the area landscaped so it has the least impact on neighboring proper- ties. Gibson said he was ambivalent with the project, but said he would not vote for anything in violation of the Fringe Area Agreement. Bovbjerg said she though the Fringe A re a Agreement should be upheld. She said she had a problem with puffing houses so close to the airport. Scott said it was in the Ci~'s interest to achieve compatible uses around the airport, and these uses were usually not residential. He said staffs conclusion and recommendation did not come easy. He said annexation did not happen for various reasons. He said he supported Gibson's comments, and that he had problems locating residents close to the airpod. He said he felt the City should preclude rezoning until the Airport Master Plan is finished. The motion carried on a vote of 6-0 DEVELOPMENT ITEMS: SUB95-0011. Public discussion of an application submitted by Richard and Julie Berry for preliminary and final plat approval of Rober Subdivision, a 1.19 acre, two-lot residen- tial subdivision located on Seventh Avenue, north of Rochester Avenue. Denny said he received a revised preliminary and final plat showing the location of the driveway for Lot 2 and a memorandum from the Traffic Engineer explaining his reasoning for recom- mending a shared drive on the properties. He said staff recommends the plan be deferred, but that if the plat is revised to show a shared ddve, the plat be approved subject to approval of legal papers prior to City Council consideration. Public Discussion. Larry Schnittier, 1917 South Gilbert Street, said that it was very difficult to accommodate a shared drive on the plan. He said he was asking the Commission to approve the plan the way it was. Public discussion closed. Scott said he had visited the area and parked in the driveway and he saw little or no reason why the plan can't be approved as it was. He said that the width of the ddveway should not exceed 12 feet. MOTION, Bovbjerg moved to approve SUBSS-00'H, an application submitted by Richard and Julie Berry for preliminary and final plat approval of Rober Subdivision, a '1.19 acrs, two-lot residential subdivision located on Seventh Avenue, north of Rochester Avenue, subject to approval of legal papers prior to City Council consideration of the plat. Dierks seconded. The motion carried on a vote of $-'I, wlth Gibson In the negative. Planning & Zoning Commission June 15,1995 Page 14 14 SUB9~-0015. Public discussion of a request submitted by Irene Pelsang for final plat approval of Pelsang Place, a 1.02 acre, three-lot residential subdivision located on the southeast comer of the intersection of Washington Street and First Avenue. Denney said slaff recommends that the final plat be approved subject lo approval of legal papers prior to City Council consideration of the plat. Public dlscusslon. There was none. Public discussion closed. MOTION. Bovbjerg moved to approve SUB95-001S, a request submitted by Irene Psisang for final plat approval of Psisang Place, a '1.02 acre, throe-lot residential subdivi- sion located on the southeast corner of the intersection of Washington Street and First Avenue, subject to approval of legal papers prior to City Council consideration of the plat, Jakobsen seconded, The motion carried on a vote of 6-0. SUB95-0016. Public discussion of a request submitted by William Boyd, for preliminary and final plat approval of Highland Heights, Part Two, a 3-1or, 22.33 acre residential subdivision located south of Dingleberry Road, east of Highway 1. Denney said staff recommends approval subject approval of legal papers pdor to City Council consideration. Public discussion. William Bovd, no address qiven, said he was available to answer questions. Public discussion closed, MOTION. Bovbjerg moved to approve SUB95-0017, a request submitted by William Boyd, for preliminary and final plat approval of Highland Heights, Part Two, a 3-lot, 22.33 acre residential subdivision located south of Dingleberry Road, east of Highway 'I, subject to approval of legal papers prior to City Council consideration of the plat. Dierks seconded, The motion carried on a vote of 6-0. SUB95-0017. Public discussion of a request submitted by Dave- Ed Ltd. for final plat approval of Galway Hills Subdivision, Part Two, a 14.71 acre, 24-1ot residential subdivi- sion located in the southeast quadrant of the intersection of U.S. Highway 218 and Melrose Avenue, at the end of Galway drive. Denhey said that staff recommends the final plat of Galway Hills Subdivision be approved subject to the approval of legal papers, construction plans, and the tree protection plan. Planning & Zoning Commission June 15, 1995 Page 15 15 Public discussion. There was norle. Public discussion closed, MOTION. Jakobsen moved to approve SUB95-0017, a request submitted by Dave-Ed Ltd. for final plat approval of Galway Hills Subdivision, Part Two, a'14.7'1 acre, 24-1ot residen- tial subdivision located In the southeast quadrant of the intersection of U.S. Highway 2~ 8 and Melrose Avenue, at the end of Galway drive, subject to approval of legal papers, construction plans and the tree protsctlon plan prior to City Council consideration of the plat. Supple seconded. The motion carried on a vote of 6-0, SUB95-0018. Public discussion of a request submitted by Tom Lepic for preliminary plat approval of Walden Wood. Part Nine, a 6-lot, 3.01 acre residential subdivision located on Walden Road west of Mormon Trek Blvd, Denney said the one issue outstanding on the plan had been whether the Parks and Recre- ation Commission would recommend accepting Outlot A as public open space, He said that the Commission had recommended acceptance of Outlot A, He said staff recommends the preliminary plat be approved, Scoff said that a representative of the homeowner's association had spoken to him and indicated support for the plan as well as dedication of Outlot A as open space. Public discussion There was none. Public discussion closed, MOTION.. Bovbjerg move to approve SUB95-0018, a request submitted by Tom Lepic for preliminary plat approval of Walden Wood, Part Nine, a 6.lot, 3.0'1 acre residential subdivision located on Walden Road west of Mormon Trek Blvd., including the provision that Outlot A be included as open space. Dlerks seconded. The motion carried on a vote of 6-0. SITE PLAN APPEAL ITEM: Public discussion of an application'submitted by Tom Lepic for site plan approval for a 12-unit multi-family development located at 755 W. Benton Street. Denney said staff had received a letter from a neighboring property owner for a review of the site plan for 755 West Benton Street by the Planning and Zoqing Commission. The request was received from a property owner who owns more than 20% of the proper~y with'200 feet of the subject site. He said the plan was generally in technical compliance with city codes, He* said two outstanding issues remained: 1) the two lots needed to be dissolved into one lot so Planning & Zoning Commission June 15, 1995 Page 16 16 the property has frontage on a public street; and 2) Housing and Inspection Services had not heard back from the Fire Marshall regarding the location of a fire hydrant. Public discussion. William Buss. 747 W. Benton Street, said he lived immediately east of the proposed building. He said he wanted to acknowledge that there was an incompatibility between the zoning of his lot and the adjacent property. He said the trees required for screening the development parking lot were not adequate. He said he wanted the Commission to see this building proposal in conjunction with the other two in the area. He said Lepic had told him that he had no intention of building another complex, and that most of his story was known to City officials. He said there would be additional traffic problems and safety was an issue. He said that if the construction is approved, he had a list of requests he wanted addressed. He presented this to the Commission. Tom LeDic, 2860 Meadow Lark Place, said that this is one of the few apartment complexes in Iowa City located ;n a heavily wooded area. He said to his knowledge, no trees had been damaged that have not been replaced. He said it was true at one point that he was not planning to build another complex, but that the success of the existing units on the property lead him to change his mind. He said there was a waiting list of 15 to 20 ~)eople already. He said he felt he was doing something of benefit to the community. He said he had talked to Kadn Franklin and Terry Trueblood about donating this parcel of land to the City. He said they did get back to him about accepting the land. He said he decided to go ahead and build on the lot. He said they were not asking for a rezoning, just trying to finish a project. Public discussion closed. Scott said he had a question on the Grading and Erosion Control Plan. He said it read "concrete wall and railing by other." He asked if this was indicative of cost born by someone else. Schnittjer said it was part of the developer's project. Scott asked if there were screening requirements for the dumpstere. Schnittjer said it had to be a 6 feet high fence. Scott said the City could require the enclosure of the dumpstere as part of the approval of this site plan. MOTION. Supple moved to approve the application submitted by Tom Leptc for site plan approval for a t 2-unit multi-family development located at 755 W, Benton Street, subject to all trash containers be made to meet current clty codes. Dierks seconded, Jakobsen asked about the screening along the drive. Miklo said it was required to be screened. He said screening had been put in with the first two buildings but it had been removed. He said it will have to be replaced. Dierks said the motion should include the additional screening. Holecek said she had seen questions on enforcement come up as to whether or not it complies with a prior site plan. She said the language should be made specific and clear. MOTION, Dierks moved to amend the main motion to include screening required via current regulation be maintained in perpetuity. Supple seconded. The motion carried on a vote of 5-0, with Gibson absent. The main motion carried on a vote of $-0, with Gibson absent. Planning & Zoning Commission June 15, 1995 Page 17 17 VACATION ITEMS: VAC95-0002. Public discussion of a request submitted by Bernard and Joanna Milder to vacate an alley located east of Gilbert Court, immediately south of the Iowa Interstate Railway. Kugler said staff recommends vacation subject to the retention of a 5 feet easement along the north edge of the subject alley for storm sewer and ditch maintenance, and subject to the retention of easements for any utility that may exist within this right-of-way. Public discussion. There was none. Public discussion closed. MOTION. Bovbjerg moved to approve VAC95.002, a request submitted by Bernard and Joanna Milder to vacate an alley located east of Gilbert Court, immediately south of the Iowa Interstate Railway, subject to the retention of a S-foot easement along the north edge of the alley for storm sewer and ditch maintenance, and subject to the retention of easements for any utility that may exist within this right-of-way. Jakobsen seconded. The motion carfled on a vote of 5-0, with Gibson absent. VAC95-003. Public discussion of a request submitted by Courtney T. Harris to vacate the final plat of Fox Hollow, a 31-1ot, 52.21 acre subdivision located in Fringe Area 5 north of Herbert Hoover Highway and west of Taft Avenue. Miklo said staff recommends approval. Public discussion, There was none. Public discussion closed. MOTION. Jakobsen rooved to approve VAC95-0003, a request submitted by Courthey T. Harris to vacate the final plat of Fox Hollow, a 3'l-lot, 52.2'1 acre subdivision located in Fringe Area 5 north of Herbert Hoover Highway and west of Taft Avenue. Dierks seconded. The motion carried on a vote of 5-0, with Gibson absent. TEXT AMENDMENT ITEMS: Public discussion of amendments to City Code Section 14-4C, "Historic Preservation Regulations," and Section 14-6J, "Overlay Zones," to create a new oreday zoning district entitled "Conservation Oveday Zone." Planning & Zoning Commission June 15, 1995 Page 18 18 Public discussion of amendments to City Code Section 14-4C, "Historic Freservation Regulations," and Section 14-6J, "Overlay Zones," to allow the City to designate and protect historic landmarks. Public discussion, Doucllas Russell, Chair of the Historical Preservation Commission, said the landmark amend- ments comprise a series of additions to the Histodc Preservation Ordinance ~ind the Historic Preservation Overlay Zone statute, He said what the amendment would do was to bring the concept of a historic landmark into the code and give a landmark the same protection as a Historic District now has. He said the standards used for regulation would be the Secretary of the lnterior's Standards for Rehabilitation of historic properties, He said the amendment would not change the underlying zoning of an area. He said a landmark concept had been adopted by the City's Comprehensive Plan. He said there were potential landmarks throughout the City. Russell said that the Conservation District would involve amendments to add the Conservation District to Histodc Landmarks and Histodc Districts. He said it would also create a new overlay zone. He said the concept contained in the amendments is a goal of the Iowa City Compre- hensive Plan. He said the ordinance would not affect the underlying zoning of any area. He said the definition of a Conservation District would be a less cohesive area not protected under Historic District measures but that would be appropriate for protection. He said the Histodc Preservation Commission would do a study of a proposed area, and that the acceptance of the district would be discussed at public hearings. Scott asked whether the Preservation Commission would approve if one side of one street agreed to be designated a Conservation District, Russell said it was possible, but they were generally viewed as being larger areas. Jakobsen asked about new houses in an area. Russell said infill would be addressed in light of a study of the characteristics of the neighbor- hood. Scoff said that based on the listed criteria, it was an attempt to conserve something of age rather than the uniqueness of a new subdivision. Russell agreed. Scott asked if it would be easier to designate a Conservation Distdct rather than a Historic District. Russell said that it was easier to define a Histodc District, therefore perhaps easier to desig- nate. Scoff asked if landmarks could be designated in both Histodc Districts or Conservation Districts. Russell said yes. Public discussion closed. MOTION, Jakobsen moved to defer ',he landmark ordinance and conservation overlay zone to the July 6, t995 meeting of the Planning and Zoning Commission. Bovbjerg seconded, The motion carried on a vote of 5-0, with Gibson absent. Public discussion of amendments to City Code Sections 14~6S-10B and 14-6S-10C, location of underground .storage tanks. Miklo said staff recommends approval of the amendments as outlined in attachment B distribut- ed Monday night. Planning & Zoning Commission 19 June 15, 1995 Page 19 Public discussion. There was none. Public discussion closed. MOTION. BovbJerg moved to approve the City Code Sections t4-6S-10B and t4-6S.10C, location of underground storage tanks, as amended atthe June 6, 1995 meeting of the Planning and Zoning Commission, Supple seconded. The motion cartted on a vote of $-~, with Gibson absent. CONSIDERATION OF THE MAY '18. 1995 PLANNING AND ZONING COMMISSION MIN- UTES: MOTION. Jakobsen moved to approve the May ~8, t995 mlnutas, as amended. Supple seconded. The motion cartled on a vote of 5-0, with Glbson absent. PLANNING AND ZONING INFORMATION: Miklo said the next meeting would be July 6 at 7:30, and that the July 3 meeting had been cancelled. OTHER BUSINESS: There was none. ADJOURNMENT: MOTION, Bierks moved to adjourn the meeting at 12:35 a.m. Supple seconded. The motion carried on a vote of $-0, with Gibson absent, Sally Dierks, Secretary Minutes submitted by Lita Sorensen. plXla<~mi~Viltn$~3&z6-15 IOWA CITY PLANNING AND ZONING COMMISSION MEETING WEDNESDAY, JUNE 15, 1995- 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS SIGN IN Name Address Page 2 June 15, 1995, l~lanning and Zoning Commission Meeting 24. ,~/I~., ~l~t.~-~ _ ' ~z. ~,~. ~ ' 31. 34. 37. 38.