Loading...
HomeMy WebLinkAbout2005-08-02 Bd Comm minutesMINUTES APPROVED PARKS AND RECREATION COMMISSION June 8, 2005 MEMBERS PRESENT: Craig Gustaveson, Margaret Loomer, Jerry Raaz, Phil Reisetter, Sarah Walz, John Westefeld MEMBERS ABSENT: Judith Klink, Ryan O'Leary, Matt Pacha STAFF PRESENT: Terry Tmeblood, Mike Moran GUESTS PRESENT: Jim Larew, Elaine Ditsler, Bruce Walker, Ron Grassi FORMAL ACTION TAKEN Walz requested that the minutes be changed on page 2, last paragraph as follows: Walz asked if local parents could make a request for a different type of memorial other than the angel statue. Moved by Reisetter~ seconded by Westefeld to approve the May 11~ 2005 minutes as amended. Unanimous. Moved by Walz, seconded by Raaz~ to investigate the possibility of approaching the Walnut Ridge Neighborhood to determine the feasibility of acquiring land and depending on that, consider a plan to acquire land from Cardinal Ridge and gain permission from the University to eventually construct a connector trail to the Clear Creek Trail. Unanimous. PUBLIC DISCUSSION No public discussion. PRESENTATION BY "CITIZENS FOR PUBLIC POWER": Jim Larew and Elaine Ditsler spoke to the commission on behalf of the Citizens for Public Power. This group is advocating for City ownership of electric utilities. Their purpose is strictly to inform the Commission of the benefits of such ownership as it relates to Parks & Recreation. Ditsler gave several examples of city owned utilities such as Ames, Pella, and Cedar Falls. In each of these instances, the main collaboration is with the parks and recreation departments. Some of the ways mentioned were sharing equipment to improving public parks through lighting and other electrical projects. Larew stated that there will be two referendum issues related to the establishment of municipal utilities on the November 8 ballot. 1) Whether City Council should be authorized to establish a municipal electric company, or 2) whether an independent board of trustees of five members Parks and Recreation Commission June 8, 2005 Page 2 of 5 should be that body that would run the municipal electric utility. If the vote is yes then a detailed business plan would be developed. The Board of Trustees or the City Council would then determine if the plan is feasible. If not, the plan would not go forward. If they decide it is feasible they would then take it before the Iowa Utilities Board in Des Moines. Larew & Ditsler distributed a packet showing the electric utility rate comparisons. The report shows that a municipal utility company would provide more funds via payments in lieu of taxes to governmental agencies, as well as charging 10-25 percent less for electricity. Information item only. No action necessary. CONSIDERATION OF REQUEST FOR BOCCE BALL COURTS: Bruce Walker and Ron Grassi presented their proposal to place a Bocce ball court in one of the city parks. Walker gave a brief description of how the game is played and what the placement of a court would entail. The game is played on a flat surface made of crushed rock, limestone or sand. Court size is similar to a horseshoe court. Walker stated they would like to see one court placed in Iowa City and then perhaps more depending on the use. Grassi distributed cost estimates for a 12'x60' court. Total cost is estimated at $2000, but this can vary depending on size and materials. Trueblood had also included information in the packet relative to the game and court details. Reisetter stated that he supports this request and thinks the group should proceed with their proposal. Other Commissioners concurred. Trueblood stated that Parks & Recreation staff will work with the group to gather information on cost, location, etc. Walker and Grassi were asked to develop a specific proposal to bring back. DISCUSSION OF NEIGHBORHOOD OPEN SPACE ISSUES: Wild Prairie Estates: Located west of Hunters Run Park. The Commission, some time ago, accepted property in this subdivision as a future trail connection into Hunters Run; therefore the neighborhood open space requirement has been met. The developer (Jerry Hilgenberg) would like to sell us another parcel (outlot A). This parcel is approximately 2 acres in size and is located adjacent to the property previously accepted. He is asking $100,000 for this property. It was the consensus of the Commission that we not pursue purchasing this property at this time, especially in an area that does not have a n~ighborhood park deficit. Cardinal Ridge Subdivision: Located on the far west side of Iowa City, North of Melrose Avenue and east of Highway 218. The Commission briefly discussed this at the May 2005 meeting. It was decided at that time that the Commission needed more information before they could make a recommendation. The developer is not suggesting that we accept this land as neighborhood open space, but is tentatively planning on paying the fees in lieu of land. The estimated fee for this is approximately $40,000. They would be required to dedicate between 2- 2.5 acres. The $40,000 would have to be expended within that area of town and has to be used for acquisition or development, not for maintenance. Trueblood said he is concerned that we would be required to expend that within five.years and does not know where the city could Parks and Recreation Commission June 8, 2005 Page 3 of 5 legitimately spend that amount in this part of town. Trueblood met with Planning staff and discussed the possibility of building a new trail through this development to connect with the recently completed Clear Creek Trail (running from Coralville to West High). To do this, however, Trueblood mentioned three issues: 1) The developer may not be interested in this proposal and prefer to pay fees. 2) The City would need to acquire land going through the Walnut Ridge Subdivision. As this is an established development the Walnut Ridge Homeowner's Association would have to be in agreement. 3) To connect with the Clear Creek trail, it would have to cross University property. During the Walnut Ridge development there was talk of a trail going through University property, which was not a problem then but needs to be considered as another possible issue. Moved by Walz~ seconded by Raaz~ to investigate the possibility of approaching the Walnut Ridfle Neighborhood to determine the feasibility of acquiring land and dependine on that, consider a plan to acquire land from Cardinal Ridge and gain permission from the Universi~, to eventually construct a connector trail to the Clear Creek Trail. Unanimous. COMMISSION TIME Reisetter mentioned that he was biking through City Park and noticed a storage building located behind the ponds. He stated that the gutters on this building were in pretty bad condition. Trueblood will pass this information on to Parks Maintenance Staff. Loomer asked about the progress of the disc golf course proposal that was discussed at the May 2005 meeting. Trueblood included copies of e-mail exchanges from the group in packet. Nothing new at this point. Walz stated that she had a chance during the past week to work with a group of students from West High School at Hickory Hill Park. Terry Robinson provided mulch for that project and Walz expressed her appreciation. She hopes that everyone gets a chance to look at the rain garden located at the Blooming Street entrance of Hickory Hill Park, as it is quite spectacular. Westefeld stated he was very impressed with the Waterworks Park. He said that it appears to be very well utilized. DIRECTOR'S REPORT City Council has agreed to loan DogPAC money for the dog park. The roadway and parking lot should be underway this summer. Parks and Recreation Commission June 8, 2005 Page 4 of 5 No new information regarding the Angel Statue. Trueblood hopes to include this item on the July agenda. Trueblood sent a letter to Michael Brothers with the Iowa National Guard inquiring about the possibility of forming a partnership with the City as they formulate their plans for their new armory. He has not received a response from them as of yet. Trueblood included in the packet a letter to Lane Plugge, Superintendent of the Iowa City Community School District that also included an invoice and itemized list of expenses for the Mercer Park baseball project. There have been some displeased neighbors regarding the red windscreen that was placed by City High. This will come down once the City High season is over. Overall this project has gone smoothly. McCollister property we purchased by Sandhill from the Iowa National Heritage foundation is officially ours. The Parks & Recreation Department is working with the Document Services Division to improve our website to make it much more user-friendly and easier to navigate. If anyone has any suggestions for improvement please send to Terry Trueblood. The City Park Rides opened up for the season on Memorial Day weekend with a huge turnout. Running smoothly to date. Trueblood announced that Bill Blanchard, Parks and Recreation Department Sports Supervisor, will be honored with a Hershey's Track & Field Hall of Fame Award at the meet this year on June 18. Weeber Harlock neighborhood has been asked for suggested names so that we may place a sign in that area. Benton Hill Ribbon Cutting ceremony has been rescheduled for early August. Trueblood announced that City Park will be 100 years old in 2006. He has been discussing ideas for activities with staff. Invited Commission to submit some ideas as well. With regard to the letter sent to City Council with Commission views on the idea of fundraising for small park projects, it has been clarified that the City Council's intention was not to ask Commission to perform large-scale fundraising, but to address companies and organizations such as service clubs, asking for their financial support of these small projects. The Commission will discuss this further at the July 2005 meeting. Walz mentioned that the Commission should look at reactivating the Foundation. ADJOURNMENT Moved by Walz, seconded by Reisetter to adjourn the meeting at 6:40 p.m. Unanimous. Parks and Recreation Commission June 8, 2005 Page 5 of 5 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2005 TERM NAME EXPIRES 1/12 2/16 3/9 4/13 5/11 6/8 7/13 8/10 9/14 10/12 11/19 12/14 Craig Gustavesou 1/1/07 NM X X X X X Judith Klink 1/I/07 NM X X X X O/E Margaret Loomer 1/1/08 NM X X X X X Ryan O'Leary 1/1/06 NM X X O/E X O/E Matt Pacha 1/1/05 NM X X O/E X O/E Jerry Raaz 1/1/08 ...... X X X X Phil Reisetter 1/1/09 NM X X O/E X X Sarah Walz 1/1/07 NM X X X X X John Westefeld 1/1/06 NM X X X X X KEY: X = Present O -- Absent O/E = Absent/Excused NM = No meeting LQ = No meeting due to lack of quorum .... Not a Member MINUTES APPROVED Iowa City Airport Commission June 9, 2005 Iowa City Airport Terminal - 5:45 PM Members Present: Randy Hartwig, Chair; Carl Williams; John Staley; and Dan Clay (advisory member) Members Absent: None Staff Present: Sue Dulek Others Present: Dave Hughes, Earth Tech; Michael Tharp, Intern; Ron Duffe; Dennis Gordon; John Yeomans DETERMINE QUORUM: Chairperson Hartwig called the meeting to order at 5:57 PM. RECOMMENDATIONS TO COUNCIL: APPROVAL OF MINUTES FROM MAY 12, 2005 MEETING: Chairperson Hartwig asked if there were any additions or changes to the minutes of the May 12, 2005, meeting. Staley moved to accept the minutes of the May 12, 2005 meeting as submitted; seconded by Williams. Motion passed 3-0. PUBLIC DISCUSSION: John Yeomans, Committee for the Big Kids Toy Show, reported on the May 20th-22nd show at the Airport. He stated that they had a good turnout at the breakfasts, as well as the shows, and he thanked Jet Air for their support. He stated that his committee will be meeting again soon to discuss next year's show, and that they would like to reserve the airport for the same weekend next year. ITEMS FOR DISCUSSION/ACTION: A. Runway 07 Project- Earth Tech - Dave Hughes, Earth Tech, was present. They continue to work on the design and specs for the box culvert and grading and are getting closer to submitting this to the DNR. Hartwig moved to bring Item K- Jet Air, Inc. Lease with Hertz, to this position on the agenda. Seconded by Williams. Motion passed 3-0 K. Jet Air, Inc. Lease-Consider Grant-Consider Amending Nature/Scope of Project - Ron Duffe introduced Mike Miller of The Hertz Corporation, and stated that Hertz was interested in setting up an office at the Iowa City Airport. Jet Air and Hertz have reached an agreement; however, he wanted to speak with the Commission regarding what will be needed to be done (i.e., parking, office space, sidewalks, etc.). Clay noted that two things come to mind: is there going to be increased traffic in the area, and if so they do need to replace that surface area; and who would be responsible for renovations to the existing structure. Duffe noted that the inside of the hangar they are considering is already set up with an office area. Clay asked Miller how much space they would need for parking of the cars that Hertz will be leasing at this location. Miller stated that with the ability to move cars around between the various Hertz locations that he is overseeing, he shouldn't have more than 25 to 40 cars allocated for this location. He also stated that their hours will be Monday thru Friday, 7:00 AM to 6:00 PM, Saturday 9:00 AM to 12:00 noon; and closed on Sunday. Miller stated that at first he plans to have 3 to 5 employees, and that he will always have an employee on- call to handle off-hour emergencies. Hartwig noted that they need to decide what all is needed, and get some final paperwork drawn up. Dulek noted that they would have until the next Commission meeting, July 14th, to get everything finalized. Miller will check with Hertz to see if they have a standard agreement form, and he will be in contact with Dulek regarding specifics. The discussion turned to paying a monthly fee, versus a percentage of income. The cost of similar leases at other airports was also discussed. The issue of insurance coverage as discussed, as well, and Dulek stated that she would check with the City's insurance carrier to see what is required. Hertz will also be putting up a sign on the side of the hangar, and would like to find out if they can also put one at the Airport's entrance. Dulek will check on this, as well. B. Aviation Commerce Park - Hartwig noted that Realtor Harry Wolf was not present this evening, but that the Wal-Mart project was moving ahead with the City Council's 4 to 2 approval at their last meeting. Clay noted that at the Commission's last meeting they talked about developing a land-use plan for the remaining areas of the Airport that could potentially be used for sale or lease, mainly the south end and the southeast comer. C. Airport Budget - Hartwig noted that there wasn't anything specific to report. He did note that he met with Deb Mansfield, City staff who handles the budget, and she explained the discrepancy in the Revenue account. Williams asked about the "City Vehicle Replacement" account. Hartwig noted that he couldn't answer Williams' question, but that he will check with Mansfield for clarification. Staley asked about the "Repair and Maintenance" account, and members asked if they could use some of this money for needed repairs. Hartwig noted that there is money for asphalt work. He will, however, check with Steve Atkins, City Manager, to see how they can spend this money. D. Airport Management - Hartwig noted that the present arrangement of management at the Airport seems to be working well. He further noted that he would envision a continuation of this setup, with possibly a temporary employee (TAPE ENDS)'being hired to help out. Hartwig stated that he met with Sylvia Mejia, Personnel Administrator, recently to put together a job description for this position. This position would need to handle the daily mail, completing check requests, handling the daily bookkeeping duties, and basic office management duties. Clay noted that this person could also handle the Commission's meeting agendas and packets, instead of having Dulek handle this task. Hartwig noted that he himself would like to see the Commission members more involved in the Airport operations. Clay stated that he would like to see the Commission make a decision to continue with the current management system, for at least the next year, so they can report to the City Council that they have made this decision and give some closure to this issue before moving forward. It was noted that the FBO's contract to provide Airport Manager services is up at the end of June, and then it will go month-to-month. Duffe noted that they definitely are interested in continuing their contract. Staley moved that the Commission proceed under the assumption that the negotiations with the FBO be consistent with the development of this new position and give Hartwig the authority to work with Human Resources to create a job description and advertise for this new position; seconded by Williams. Motion passed 3-0. Clay then commented that the people at the University of Dubuque have been very pleased with the opportunity for their students to participate in the internships at the Iowa City Airport. Clay noted that Elizabeth Freiburger, one of this year's interns, has left for a full-time position elsewhere. He further stated that the University of Dubuque has asked for some feedback on this program, and has also asked if the Airport would be interested in taking more interns. Clay will be meeting with Mike and Elizabeth, and he asked the members to give him any feedback on the intern program. Tharp noted that he would be interested in this new position. E. T-Hangar Leases - Hartwig recused himself from discussion on whether to increase the rent due to a conflict of interest (he is a t-hangar tenant). Williams noted that his feeling was that they keep the rates the same on the older hangars, as they need to do some repairs before any increases are made. Tharp gave the members some feedback on what other airports charge, and what is included in their monthly fees. He stated that he felt they could make increases on the newer hangars, I, J and K. The discussion continued with members giving their feedback on this issue. Dennis Gordon stated that the need for more T-hangars is great, and they should address how they could build more hangars. Clay noted that the Airport's debt is more of an issue, and once that is taken care of, they can then consider new hangars. Staley moved that they increase the rate on Hangars I, J and K by $10/month, and to keep the rent 'as is' on the older hangars; seconded by Williams. Motion passed 2-0 with Hartwig recusing himself. Hartwig noted that these rates would not go into effect until October 1st, so he would like to see repairs done before then. He then asked if members felt there was anything else in the lease itself that needed changed. Discussion centered around the addition of a date or time frame when there is a sold airplane and an open hangar. It was suggested to add the wording: The Commission shall have the option to exercise termination of the lease 90 days after the sale of the airplane, if the hangar is still empty. (TAPE ENDS) The discussion turned to the issue of people painting in the hangars, and the problems that have been encountered with this. Dulek noted that they could add wording to exclude painting in the lease. Dulek will work on this wording. F. T-Hangar Waiting List Policy - Hartwig noted that he and Tharp worked on this policy, and that he feels it is important to adopt such a policy. Williams moved to adopt the proposed "Hangar Waiting List Policy"; seconded by Staley. Motion passed 3-0. G. Obstruction Mitigation Project - Stanley consultants - Hartwig noted that there wasn't anything new to report. H. Airport Viewing Area - Clay noted that Freiburger was working on this project. Clay currently is adding details to the plan regarding the shelter (i.e., height, etc.). Williams asked if they had a revised cost on this project. Clay will check with Freiburger on what she found out. It was also noted that grant money is available for the fencing in this project. I. Building It - Hartwig opened the public hearing on the Hangar Use Agreement with the University of Iowa for Space in Building H. No one came forward to address the Commission; public hearing was closed. Staley asked if the simulator was still working, and he read from the agreement where it states this space is for the Simulator. An addition to the wording was discussed, where it would state, "The use of this space is for aviation research." Staley moved to approve the resolution approving the Ilangar Use Agreement with the University of Iowa for Space in Building It, with the addition to the agreement to include "for aviation research"; seconded by Williams. Resolution A-05-10 passed on a roll call vote, 3/0. J. Iowa Department of Transportation Grant- Consider Amending Nature/Scope of Project - Hartwig noted that this involves putting hard-surface floors in buildings B and C. This money cannot be used to fix the roof on building K. The Commission authorized the Chair to move forward with the grant. K. (see above) L. Consider motion to adjourn to closed session to discuss imminent litigation - Ilartwig moved to adjourn to closed session; seconded by Staley. Motion passed 3-0 on a roll call vote. Commission adjourned to closed session at this time. Commission reconvened in open session. Williams moved that Dnlek proceed and file court actions, if necessary, to evict the t-hangar tenant and to obtain money judgment for unpaid rent; seconded by Staley. Motion passed 3-0. REPORTS OF CHAIRPERSON, COMMISSION MEMBERS, AND STAFF: Hartwig noted that they received a questionnaire from the State concerning WAAS instrument approaches and Hughes commented on this, stating it has to do with "environmental impacts". Williams noted that he would like to have something added to the agenda - the emergency plan. He said they next need to invite all of the people who would be involved in this, and have a "day of emergency" or drill. Williams will make some contacts and will let members know what he finds out. Clay again thanked Intern Freiburger for her help this past year, and he wishes her well in her new position. SET NEXT REGULAR MEETING FOR JULY 14, 2005, at 5:45 PM. ADJOURN: Meeting adjourned at 8:20 PM. Airport Commission ATTENDANCE RECORD YEAR 2005 TERM 1/13 2/10 ~/16 "3/10' 4/14 5/12 6/9 NAME EXP. Daniel Clay 3/1/08 O/E X X X X ...... Randy 3/1/09 X X X X X X X Hartwig Michelle 3/1/07 X X X X X O O Robnett John Staley 3/1/06 X X X X X X X Carl 3/1/10 X X X X X X X Williams KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting .... Not a Member MINUTES PLANNING AND ZONING COMMISSION APPROVED JUNE 16, 2005 EMMA J. HAl{VAT HALL MEMBERS PRESENT: Beth Koppes, Dean Shannon, Don Anciaux, Wally Plahutnikl Terry Smith, Ann Freerks MEMBERS ABSENT: Bob Brooks STAFF PRESENT: Bob Miklo, Mitch Behr, Ron Gaines OTHERS PRESENT: Joe Holland, Glen Siders, Eric Bachner, Maude Doerfeldt, Doug Wenzel, Jim Baker, Rick Amart, Pat Janes, Lynette Amart, Steve Rohrbach, Allan McVay, Clifton Young, Oscar Graham, Mary Lou Emery, Chris Grieve, Lori Dockery, Mike Dalton, Dave Fuller RECOMMENDATIONS TO CITY COUNCIL: Recommended approval, by a vote of 6-0, VAC05-00004, vacation of public alleys in the Peninsula Neighborhood Second Addition. CALL TO ORDER: Anciaux called the meeting to order at 7:32 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING ITEMS: REZ03-00019/SUB03-00024, discussion of an application submitted by Southgate Development Co. to rezone approximately 92 acres from Interim Development Residential (ID-RS) to Low Density Single Family - Sensitive Areas Overlay (OSA-5) for property located west of Kennedy Parkway and east of Camp Cardinal Road and a preliminary plat of Cardinal Ridge, an approximate 92-acre, 93-1ot single family residential subdivision. The location of the property was established using various maps, aerial photographs, photographs of the actual terrain and an exhibit which showed the proposed preliminary plat. Miklo said the applicant had requested to rezone this from Interim Development Residential (ID-RS) to Low Density Single-Family (RS-5) with a Sensitive Areas Overlay (OSA-5). The Comprehensive Plan identified this area as appropriate for residential, 2 to 8 dwelling units per acre. The Comprehensive Plan also talked about the need to preserve and/or work with environmentally sensitive areas in this particular of the City of which there were several associated with this particular property. A wetland and stream corridor were located along the southern edge of the property along with some woodlands. Protected and critical slopes were also located on the property. The plan, as submitted, generally conformed with the woodland requirements for the Sensitive Areas Ordinance (SAO). The plan also indicated a few areas for removal of trees from a protected slope buffer area; those trees would need to be retained on the property except where they were accommodating a sewer and storm sewer easement. The SAO allowed the removal of trees for that purpose but the other trees identified for removal within the protected slop buffer on lots 51-53 did not comply with the SAO. The SAO required a 30-foot buffer along the stream corridor which was being adhered to in the proposed plan. A series of wetlands were associated with the stream corridor and there were also some smaller pockets of wetlands. The applicant had requested that the 100-foot required buffer around the smaller wetlands be reduced to 25-feet in some locations. A buffer reduction was permitted by the SAO; Staff recommended approval of the buffer reduction except in the open space area where they felt that the 100-foot buffer could be achieved. The applicant had also requested wetland buffer averaging which would provide for an increased buffer where it was necessary to preserve a specific wetland and allow a Planning and Zoning Commission Minutes June 16, 2005 Page 2 reduction in buffer elsewhere. Staff recommended approval of the wetland averaging. The protected slopes were being set aside and protected as open space on the development. Some of the protected slope buffers coincided with development lots, Staff recommended that they be identified as 'no-build' areas on the plat so that future owners would know that they could not remove the trees or build on those buffer areas. The SAO provided direction that disturbance to critical slopes and steep slopes should be minimized. It appeared to be the case with the critical slopes, as less than 30% were proposed to be disturbed. Notations were needed on the plat regarding the steep slopes to indicate how much would be disturbed. A unique feature associated with the plat was large open space outlots which were being set aside to preserve the sensitive features as well as to provide private open space. As a result of the proposed design, no two rear yards would be adjacent to each other. Two large outlots had been identified for future development. On the plat one had been identified for condominium development however the word condominium would need to be removed because that would require rezoning. The Commission's information packet contained a concept plan indicating how a second area, identified for future development, would be divided into single family lots. A round-about was being designed into Kennedy Parkway to help calm and/or slow traffic as it moved through the subdivision and adjacent neighborhoods. Miklo said Staff had a concern about sanitary sewer being provided to adjacent properties through this development. A trunk line was being built in the southern portion of the property. Given the topography of this general area of the city, the City Engineer had identified the need to provide at least one if not two sewer lines to the adjacent property to the south to ensure that the area could be sewered as well as a line to the north. The current plat did not show the provision of those sewer lines. Staff recommended that those sewer lines be shown on this site before the plat was approved. In the southern area Staff had proposed that one sewer connection could be provided and built by the developer with this development or they could pay for the cost of the design and future construction of the sewer line. In the event that the property to the south was developed from another route, then the developer would be paid back for the expense. The City had requested a blanket easement for the remainder of the tract which was not slated for development so that in the event it would be determined that a second sewer was necessary, there would be a route reserved for it. Staff recommended that the northern route for a sewer be installed as part of this subdivision approval. A subdivision of this particular size would require 2-acres of neighborhood open space to be dedicated. The Parks and Recreation Commission was reviewing the plat and were considering requiring the dedication be along the creek if a trail network could be worked out through the larger neighborhood which would require negotiation with the Walnut Ridge Homeowners Association. The trail would be extended to the east, tie in with the Clear Creek Trail system and eventually further to the west where future open space was anticipated. In the event that terms could not be reached with the adjacent property owners, the Parks & Recreation Commission would request fees in lieu of open space because open space in the area would be isolated and not very useful for the neighborhood. The Staff report listed a number of technical deficiencies associated with the plat. Miklo said Staff recommended that the application be deferred until the deficiencies were resolved. Upon resolution of the deficiencies Staff recommended approval of the rezoning to RS-5, Low Density Single-Family, the Sensitive Areas Overlay and approval of the preliminary plat. Ron Gaines, City Public Works Office / City Engineers Office was in attendance to answer questions regarding the sanitary sewer issue. Plahutnik inquired regarding the installation of the sewer extensions for future development and asked if that was a standard City policy for this type of subdivision. Miklo said that was a requirement of the City's Subdivision Ordinance. Behr said among the regulations for Subdivisions the City Code required dividers and sub-dividers to provide a complete sanitary sewer system, "that the sanitary sewer shall extend to the subdivision boundaries and beyond as necessary to provide for the extension of the sanitary sewers to adjacent property." That was one of the many Planning and Zoning Commission Minutes June 16, 2005 Page 3 regulations for subdivisions. There was a general provision in City Code that provided for exceptions, waivers or modifications to the regulations. The exception provided that upon recommendation of the Planning and Zoning Commission the Council could waive or modify the requirement if it would result in "extraordinary hardship because of unusual terrain, excessive costs or other such non-self inflicted conditions or if it would result in poor subdivision design or a substantial degradation of natural features." Behr said if the Commission felt those circumstances existed Council could grant the exception so long as the public interest was being protected and the modification or waiver would not nullify the intent of the regulation. Public discussion was opened. Joe Holland, 123 N. Linn Street, representing South Gate Development. Holland said the good news was that this was a good development, it was very Iow density - about 1 housing unit per acre. As currently proposed the development would be the first step in an area-wide development for this whole area. Camp Cardinal Boulevard was currently under construction and scheduled for completion in Summer, 2006. He felt that there was no serious disagreements between the developer and Staff regarding the 'deficiencies' or areas where further understanding needed to be generated. A notable exception related to the sewer issues. Holland said the City had requested a sewer extension at the northern boundary of the property but the developer did not feel that was appropriate at this time. That area, Outlot G, was located at the northern end of the property and subject to development at a future time. The intention was that something would happen in that area in the future, it seemed at that time it would be a more logical time to extend sanitary sewer service to that area. Holland said it was his understanding that that area was going to be annexed into Coralville as part of the Master Plan to construct Camp Cardinal Boulevard. Some land had been severed from Iowa City and annexed into Coralville and vice-versa. Holland said he needed to find out more and verify where the annexations had taken place. If that had happened or was going to happen, it made even less sense to extend sewer to the northern boundary at this point. Holland said he felt that was an issue best reserved for the future when it was known what was going to happen on Outlot G and where would be an appropriate place to place the sewer. No development could occur in the northern portion until the sewer was installed and at that time the developer could come back before the Commission, Public Works and the Council. Holland said the developer was not really saying no they wouldn't do it, it was a matter of deferring it until a more logical and appropriate time in the future when something was happening in that area and it was known where would be the best place to put the sewer in. Holland said the south sewer was a more problematic issue and much of that was related to cost. Looking at the topographic maps, to install the sewer would require going under the creek and going up the hill to the south to the property line. The best cost estimate the developer had obtained was that the sewer would cost in excess of $50,000 to design and install. Holland said if the sewer were going to serve an immediate purpose he felt it was a cost that could be negotiated out between the property owners in the area. He said there was discussion that the property to the south was going to be significantly sewered by a new sewer which would be constructed to the southwest of that property. Holland said because of the topography of the land and the need to sewer farther out to Camp Cardinal Boulevard, it would be a consideration of an area wide sewer design and not just this extension running from one property to another. Holland said it would also be a gift to the property owner to the south. The City had requested a blanket easement and the developer was willing to provide one because it would be in a wetland area and no development was slated to occur in the future. Who ever had the property to the south and eventually developed it would be getting a free sewer if they chose to use it at Southgate's expense. There had been no proposal made to recoup any of the cost to repay Southgate. Holland said the idea of an escrow had a superficial appeal but it was unknown who in the audience would live long enough to see what happened to the escrow because it was unknown when or what would happen to the property to the south. Holland said Behr had referred to the ordinance that talked about sewering. That ordinance didn't say that it was mandatory to take the sewer to the property line; "it shall extend to the subdivision boundaries and beyond as necessary to provide for the extension of the sanitary sewers to the adjacent property." Holland said the developer felt there was nothing necessary about it at this point. When the time came the property Owner to the south might find it necessary because they wanted to sewer that property. Holland said it would be a blind sewer, it would go up to the property line and dead end. It was not typical Planning and Zoning Commission Minutes June 16, 2005 Page 4 practice for the City to require a sanitary sewer extension to every boundary of the property. Typically they followed the streets or followed some reason to serve an adjoining property. To literally read the ordinance would be to take the sewer to all four corners and maybe beyond that which would need to be done in every application. The developer didn't think it was 'necessary' because provisions could be made for the future, the City would have a blanket easement and the party to the south who felt a need for a sewer could pay for it when the time came. Holland said Behr had read the provisions for waiving this non-requirement obligation. Unusual topography in this situation would require going under the stream bed and up a hill to get to the property to the south. Substantial cost would be certain, actual cost would be unknown without engineers going out, shooting the elevations and obtaining bids from contractors. Estimates from MMS ranged from $50,000 to $75,000. Neither the topography or the substantial costs were self inflicted. Holland said the proposal was a good proposal, people would have open back yards and no one would have a neighbor in their back yard. He would hate to see a sewer requirement get in the way of something that would have such a large benefit for the City of Iowa City. Holland said he felt they could work out all the other details, he was not sure if they could get the sewer details worked out before the Commission or if that would need to be decided at Council level. It would be helpful to the developer if the Commission would make a recommendation to the Council for waiving any extension of the sewer to the southern property line. Koppes asked if there were estimates as to cost for the north. Holland said significantly less. Koppes asked if there were topographical issues. Holland said there would not be the topographical issues to the south as it was a more gently sloping part of the site. In the south there would be nothing built between the trunk sewer and the property line. To the north there would be something in there, the sewer that would be laid in the north parcel would need to meet the needs of what would happen there. If done now, the future needs would not be known and it was untimely to require it now. The City would have the same alternative in the future, it did not have to be done as part of this application. Plahutnik said Holland had used the concept of 'a gift' as a reason for not sewering to the south. Did he have any knowledge of SouthGate being the recipient of a gift as such - hooking up to a sewer line that had been extended to the border for the next subdivision? Holland said he didn't have any personal knowledge but suspected that they had from time to time. However SouthGate had paid very substantial fees to tap into City sewers that had already been constructed. Sand Hills was a good example. Plahutnik requested Staff to look into this further. Glen Siders., SouthGate Development, said when they had built Walnut Ridge they had struck a partnership with the City where the City had extended the trunk sewer to them. In turn as SouthGate had developed Walnut Ridge they had had to pay a sewer fee for every acre they'd developed to pay it back so it was not a gift. It had been a big help for the City to pay the money upfront and to bring the sewer out so that SouthGate could begin development. In the past 6 months SouthGate had investigated the purchase of two properties where the sewer was available through right of way but was ¼ of a mile away. In both cases they had asked the City how the sewer could be brought to them, the response had always been 'you can pay for it to can bring it up there.' When the question had been posed regarding tap-on fees or something to help the developer recover the cost, the City's response had been that they didn't like to do that. Siders said he didn't recall ever having a gift where someone had run a sewer to their property, not withstanding a trunk line sewer or something similar. Freerks asked for a clarification as to if this was or was not a typical practice. She'd been under the understanding that this was something the City typically did in terms of running sewers where necessary. It was part of the City's Code. Gaines said in the two years that he'd been with the City Engineering department all the sewers had been run to the property line. As Holland had indicated, frequently the sewers followed the streets but more typically the City tried to have them follow the contours or bring the sewer up the Iow areas so they could get the maximum use out of the sewer. Planning and Zoning Commission Minutes June 16, 2005 Page 5 Smith asked if was correct as indicated on the map that four sewer taps were being brought up to the property line, all on the west side of the property line? Gaines said tl~at was correct. Freerks said it seemed like it was not a rare thing to do, to try to plan for future development. Gaines said Holland had made a reference to the property to the South. In an ideal world 75% of it would be sewered to the south. There was a little bit of a ridge line so dependent upon the grading and layout of the development it could possibly be sewered to the south. The problem was that there was a property owner to the south whose property would have to be run through to sewer to the south. By not extending the sewer they would actually end up with a land locked property without sewer. Anciaux asked who owned the property to the north. Smith said the plat indicated the University of Iowa. Siders said to the north in Outlot G where Staff had requested the removal of the word condominium on the plat, SouthGate anticipated a future development in that area. The point that they were trying to make was at a future time when SouthGate came to the Commission with that proposal, at that time it would be appropriate to figure out where and how the sewer would be placed. Freerks asked if they would be willing to pay fees into an escrow account for sewering to the north. Siders said SouthGate would not. Smith asked Siders if it was correct that SouthGate had no problem installing the sewer to the north, they just wished to defer it until they actually developed the area. Siders said that was correct, that would be appropriate time, when the property was developed. Freerks asked what if the property to the north were sold? Siders said then they would have the sewer extended to that property. If they sold it off, the sewer would already be to that property. Behr said he thought Siders was saying that if the Outlot were sold off, there would be sewer extended to the property line of it. The developer of that parcel would then be responsible for the installation of their own sewer. Freerks asked Staff to explain why they were requesting sewer installation to the north now instead of deferring to the time the property was developed. Miklo said he thought the City Engineer was anticipating that this was fairly rugged topography and there was a clear route where the sewer would be ideal. In addition to the University there was another property that it would eventually end up serving. Miklo said the whole issue of extending utilities to the edge of a property was similar to extending the streets. In order to allow the City to grow they needed to get to the next property. Shannon asked where the Coralville / Iowa City boundary would be? Miklo said that the land to the north of SouthGate's property would continue to be in Iowa City. The land beyond that was annexed into Coralville. Siders questioned Miklo's statement. Miklo said he would provide a map showing the new City boundary line at the next meeting. Eric Bachner., Walnut Ridge resident since November 2002. Bachner said he was only going to focus comment on the traffic issue associated with Kennedy Parkway. He'd read the Staff report and felt that there were some significant flaws in the analysis about whether or not Kennedy Parkway could be used as infrastructure to support the development. Page 2 of the Staff report said,"The Cardinal Ridge property had been zoned interim development residential due to a lack of infrastructure to support residential development. With the Kennedy Parkway extending into this property infrastructure is available to support this development." Bachner said it seemed that Kennedy Parkway was an important part of this rezoning and allowing this development to go forward. Bachner said Kennedy Parkway had been designated as a collector street which meant that 2500 vehicles per day on the road was the target traffic level. The Staff Report on page 5 referenced a study done in 2003 which found only 555 vehicle trips per day on Kennedy Parkway near its midpoint. Bachner said he didn't understand why with a dead-end road would the mid-point of the road be used to determine the traffic level. He had counted 104 lots in the Walnut Ridge development, 53 of which were behind the midpoint line. The study's traffic count had counted traffic generated by approximately ~ of the lots; approximately % of those lots were undeveloped or Planning and Zoning Commission Minutes June 16, 2005 Page 6 unoccupied. Therefore 555 vehicles for 26 lots of traffic equated to 20 vehicle trips per day per lot. Adding the 92 lots from the Cardinal Ridge development plus the 104 lots from Walnut Ridge development at approximately 20 trips per day equated to 4,000 vehicles per day which exceeded the Kennedy Parkway capability by almost double. This counted only the traffic from the back of the Kennedy Parkway which substantially underestimated what the real traffic could be on Kennedy Parkway. Bachner said it might be more or less, but there was no analysis of it in the report referenced by Staff. The cut-through issue had also been noted in the Staff Report. It had been projected that when Camp Cardinal Road was built the cut-through traffic would be minimized. Bachner distributed a map which showed the positioning of Camp Cardinal Road and Kennedy Parkway. The Staff Report had concluded that the traffic would go around the Walnut Ridge Development and pass over the Kennedy Boulevard. Bachner said it was visible from the map that the route was shorter to cut through Kennedy Parkway and would logically be faster to cut-through traffic. Even if all the traffic didn't cut through, there would still the 20 vehicle trips per day per lot plus cut-through traffic from West High School and the adjoining lots, and the construction traffic. He felt the Staff Report was incorrect in its projection of traffic tripsfilow based on the 2003 traffic study and highly underestimated the number of vehicle trips using the Kennedy Boulevard. Bachner said based on his projections and his understanding of the Iowa City ordinance which required a second access route to support development, until some other road was built to support the traffic Cardinal Ridge should not be connected until a secondary access was available. Miklo said the 2500 vehicle trips per day referred to in the Staff Report and in the City's Secondary Access Policy was not the recommended cap or capacity of a collector street, it was the point where a second means of access would be necessary. Collector streets generally had the capacity for up to 5,000+ trips per day. With this particular development there would be two points of access, Camp Cardinal Road and Kennedy Parkway back to Melrose Avenue. Secondary access would not be an issue with this development. However if there would not be a connection to Camp Cardinal Road, then the issue of secondary access would be a concern as there would be only one way into this development and there wouldn't be a second access for emergency vehicles. Anciaux asked Staff if there was a need to recalculate the traffic counts. Miklo said there was a calculation in the report based on the total number of lots in Walnut Ridge and the proposed number of lots in Cardinal Ridge which would result in approximately 1400 trips per day. The 20 vehicle trips per day Bachner had used was very high, the national standard for trips per day for single-family lots was 10, from previous studies in Iowa City it was about 7. Even if the'national figure of 10 was used, the street had the capacity for what would be generated by the remaining build-out of Walnut Ridge and the entire build-out of Camp Cardinal and the properties that would feed into this. Bachner said it didn't matter if there was a national figure or not, Staff had actual data they'd collected which showed 555 trips per day on a dead-end street with only ~ the lots built out. That was actual data for their particular area. Plahutnik said construction traffic was not specifically mentioned in the report that Bachner had referenced. Since he had observed the daily traffic patterns, had there been a lot of construction traffic going back and forth to build the new houses. Bachner said houses in their particular subdivision were built one at a time. The report indicated it was from June 2003. It might be possible that some construction traffic had been built into the 550 trips. During the last two years there were still some undeveloped lots and some of the built houses were still unoccupied. He and Doerfeldt had driven around and counted the lots; he conceded that some commercial traffic such as lawn service vehicles and construction traffic may have been included in the traffic report. Freerks asked Staff to have a City Traffic Engineer review the numbers before the next Commission meeting. Maude Doerfeldt, Walnut Ridge resident and representative of Walnut Ridge Homeowners Assoc Board. Doerfeldt said she appreciated the opportunity to express her concerns as a resident and as a parent as well as the concerns of her neighbors regarding the proposed development of Cardinal Ridge. She said Planning and Zoning Commission Minutes June 16, 2005 Page 7 their primary concern was one of family. Regardless of any impressions of what Walnut Ridge might be, it was a family neighborhood. Many residents of Walnut Ridge had pre-school and school aged children. At her best estimate there were at least 75 school aged children living in the neighborhood. Many of the children waited for the school bus on Kennedy Parkway. One of the primary attractions of her neighborhood for many of the residents when they had chosen to live there was the fact that it was off the beaten path. Several of her neighbors had been told in no uncertain terms by their realtor, who had a very close personal relationship with the developer, that Kennedy Parkway would never be extended. They had all been under that impression when they had purchased their homes. Doerfeldt said they were primarily concerned with the potential increase in traffic volume. As noted in the Staff Report and by Bachner's report, the traffic flow would increase substantially. At a minimum it was expected to increase four-fold. As noted in the Staff Report, excessive speed was already an issue in part due to the steep hills along Kennedy Parkway. At the time of the traffic study there was considerable construction, the heavy construction vehicles were notorious for tearing down the hills at speeds in excess of 45 mph. There was currently a steep hill entering into Kennedy Parkway and when the proposed connection was completed there would be an equally steep hill on the other side of Kennedy Parkway. There was a sidewalk on only one side of Kennedy Parkway. In order to stay on the sidewalk pedestrians had to cross Kennedy Parkway at least once and sometimes twice if they had to cross the street just to get to it. The proposed option to solve the problem was to build the private north-south trail system along the existing easements, but that didn't solve the problem as there was no north-south connection to Melrose Avenue without crossing Kennedy Parkway. That presented a terrific hazard to school-aged children who had to cross the street. Doerfeldt said as a parent her nightmare scenario was a high-school aged driver from the Cardinal Ridge development tearing down Kennedy Parkway trying to get to West High because they were late for school and running over a child who was crossing the street to get to a school bus. Doerfeldt said their concerns could be allayed in part if 1) Camp Cardinal Blvd were completed prior to the initiation of construction in the Cardinal Ridge development and 2) Kennedy Parkway were connected to Camp Cardinal Boulevard only upon completion of the entire road. Doerfeldt said the timeline for these projects was very unclear to the residents of Walnut Ridge. In a letter dated June 25, 2005, Karen Franklin had stated to a resident of Walnut Ridge, "we project at least 3 - 5 years between when Camp Cardinal is completed and the connection with Kennedy Parkway. In that time traffic patterns using Camp Cardinal should be clearly established." The Staff Report dated June 16, 2005 indicated that it would only be a temporary situation as the new Camp Cardinal Boulevard should be completed by Fall 2006 and would provide a better connection when it was complete. It was not clear to the residents of Walnut Ridge what was the order of development. Doerfeldt said as a representative of the Homeowners Association of Walnut Ridge, they had the following concerns and questions which still remained unanswered: 1. What was the timeline for completion of Camp Cardinal Boulevard? What was the timeline for the connection of Kennedy Parkway to Camp Cardinal Boulevard? What was the timeline for the commencement of development and construction in the Cardinal Ridge sub-division? In what order would they occur. Doerfeldt said virtually every time / every person they met with they received a different answer. 2. Would construction on Cardinal Ridge be started from the east via Kennedy Parkway as it currently existed or would it be started from the west via Camp Cardinal? If it was to start from the east, then the residents were terribly concerned about the additional increase of construction traffic on Kennedy Parkway and bearing the burden of developing that entire subdivision through their neighborhood. 3. Would there be any circumstances under which the plat might be changed, it was modified slightly every time they saw it. On past plats the route for Kennedy Parkway had been more circuitous, now it appeared to be more of a straight shot. The addition of a round-a-bout was a welcome addition. Planning and Zoning Commission Minutes June 16, 2005 Page 8 Siders said July 28, 2006 was the projected completion date for Camp Cardinal Blvd to open to traffic. He doubted if it would deviate much from that date. He could not give a time frame on the development. They anticipated developing from the east to the west within Cardinal Ridge. In their business the market determined how fast they went. It could be built out as quickly as two years or it could be longer. They anticipated final platting in different phases; at his best guess they might do the east half of this property which would be the (initial) phase. He questioned if they would even be able to get that phase done this year because of the time frame they were in to get the plat approved. By the time they could get infrastructure in the ground they were looking at late fall or early winter work and would have to make a decision if they wished to proceed this year or not. It would not be feasible to start construction from Camp Cardinal Road mainly because the infrastructure now came from the east and went to the west. That was the way they'd need to progress with their development. As far as when Kennedy Parkway would connect with Camp Cardinal Blvd, he had no idea. The market would determine when it would happen. Gaines said even with the build-out of this particular development there would still be quite a gap between Cardinal Ridge and Camp Cardinal Boulevard which was not even in the planning phase. Siders said there was no sewer or water infrastructure to that particular area and they did not even have a concept plan yet. Doerfeldt said she wished to go on the record and state their concern, they had been assured that traffic patterns would not be established from Cardinal Ridge via Kennedy Parkway, that people would not get in the habit of using that road. If there were no other way for them to leave their neighborhoods, she did not see how that would be avoided. Doug Wenzil, resident Walnut Ridge; member of Homeowner's association; parent. Wenzil said he along with many of the neighbors had significant concerns in terms of the safety of their children and the safety issues that the proposal presented to the children residing in Walnut Ridge. With the 92-lots plus the significant areas of future development, their concern was that Kennedy Parkway not become the. major through-fare as well as the issue of cut-through traffic and short-cuts through their development. There were steps that could be taken by Planning and Zoning and positive steps taken by the City to give a higher probability of minimizing the significant safety concerns. There was enough time to come up with solutions and enough time to give thought as to how the development would occur. Wenzil said neither he nor anyone at Walnut Ridge was against development, they supported development and continued expansion of housing opportunities in Iowa City. Their concern was that the steps be done in a way that would minimize their safety concerns and end any potential danger to their children in the neighborhood if Kennedy Parkway became the main thoroughfare for all the traffic for all the additional development. Jim Baker, 30 Alder Court, Walnut Ridge, member of the Board of the Homeowner's Assoc. He wished to underscore what the Commission had been hearing about the traffic mess posed by the development at Cardinal Ridge. Baker said it seemed only prudent and he urged the Commission to require connection to Camp Cardinal Road before development began so the construction traffic could be sent to Camp Cardinal Road rather than the boulevard. Baker said it was his understanding that there were to be two connectors to the new development not only Kennedy Parkway but also Camp Cardinal Road. It seemed prudent to the residents of Walnut Ridge to have both opportunities for traffic to be moved during construction and during development at Camp Cardinal. Baker said during the presentation they'd heard about a pedestrian and bicycle trail from Cardinal Ridge into Walnut Ridge. The outlot on Walnut Ridge that had been shown to offer an opportunity from Walnut Ridge for a bicycle path was a wetland, heavily wooded and needed ongoing protection. To place a trail there would be a great expense and the sensitivity of the land compromised. Baker said there was no easement for a connector where that outlot connected into Cardinal Ridge and urged the developer to look into an easement to the Clear Creek bicycle trail. Baker urged the Commission to take a proactive strategy to controlling traffic in Walnut Ridge and Cardinal Ridge as it was developed. Freerks asked if it was correct that City Staff had spoken with a representative of the Walnut Ridge Homeowners' Association regarding a trail easement. Miklo said that discussion had not occurred yet, it was scheduled for later in the week. Planning and Zoning Commission Minutes June 16, 2005 Page 9 Rick Amart, resident of Walnut Ridge, lot adjacent to the proposed Cardinal Ridge subdivision. Amart said he'd like echo the concerns regarding the safety of their children and the risks that would be posed by opening Kennedy Parkway before completion of and connection to Camp Cardinal Blvd. He asked if any other mechanism of exiting their cul-de-sac had been investigated other than Kennedy Parkway. Their children had no sidewalks to walk on and had to wait on the edge of Kennedy Parkway for the school bus. When the children rode their bicycles or visited their friends they had n_9o option but to interact with Kennedy Parkway. Amart said the speed and traffic issue was already in existence at Walnut Ridge. Amart said he'd written the letter to Karen Franklin; she'd replied to him stating that yes in fact it was an issue and the speed was already a problem however the volume of traffic in Walnut Ridge did not warrant the City's concern over it at the present moment. Amart said he lived there and there was no doubt that there was a speed problem; he guessed that the speed limit was observed less than 10% of the time and was exceeded by more than 15 mph more than 50% of the time. Amart said there would be no doubt that kids coming from North Liberty would cut through Walnut Ridge and be on a cell-phone or on the way to school or to basketball and that would place one of their children at risk. Amart said he did not wish to read about one of their children in the newspaper. He felt it was a serious issue and it needed to be addressed. Amart said he felt the proposed project would substantially increase the volume of traffic over Kennedy Parkway which was currently not safe. Many of his neighbors were of the same opinion. There needed to be traffic calming measures on Kennedy Parkway today and certainly before it was hooked up to anything else. Amart said Franklin had also indicated to him that Cardinal Ridge would be connected from Highway 6 to Melrose prior to its connection to Kennedy Parkway. It sounded like that was now in question. He was very disappointed to hear about that. Franklin had also indicated to him that they would not be having a tremendous amount of construction traffic over Kennedy Parkway. It sounded like that was in substantial question as well. Amart said that was very, very disappointing. He thanked the Commission for the opportunity to express his concerns. Freerks asked Miklo to discuss the City's policy regarding traffic calming measures in terms of a collector street. Miklo said Traffic Calming policies relied on two measures 1) speed of traffic and 2) volume of traffic. Kennedy Parkway met the speed of traffic test but did not meet the volume of traffic test quite yet. Amart said he felt that the second the City connected the road the volume would definitely be reached. Anciaux asked why there were no sidewalks in the Walnut Ridge subdivision. Miklo said when it had been proposed it was seen as being a rural subdivision. The developer had asked for waivers of sidewalks. The attempt had been to create a large-lot rural environment; it had been thought that sidewalks would not be as necessary so they had been waived with the exception of one side of Kennedy Parkway. There had been an option for a trail network through the subdivision at the option of the Homeowners Association but it had not been put in place. Anciaux asked if there would be any way to rectify that situation or if it was something that the homeowners would have to do on their own. Miklo said there might be a way for some type of assessment project where sidewalks could be retro fitted in. The City would be willing to explore that with the homeowners in Walnut Ridge if there was enough interest from them to do so. Pat Janes, recently moved to Walnut Ridge, said she definitely had a lot of concerns regarding the traffic. Their lot on the side was on Kennedy Parkway. The traffic speed and traffic volume were both already very high. A contributing factor was that West High was just across the street and generated a lot of traffic at least twice a day. Kids also left at different times of the day for lUnch or during their open hours which created opportunity for lots of traffic through Walnut Ridge. Janes said it was very interesting that when the Walnut Ridge community had been planned, the waivers would not have been given if the idea had been that the community would become a through-way. Obviously that had not been the intent when the zoning was done and the waivers were approved initially. Janes asked the Commission to think of that and honor that with their consideration for what to do with the new development. Freerks asked if Kennedy Parkway had always been planned to be a collector street. Miklo said although the design had changed somewhat over the years the general design had always shown a connection to the west - a stub street indicating that it would continue on. Planning and Zoning Commission Minutes June 16, 2005 Page 10 Plahutnik said he imagined that the developer would have put three more houses on the Cul-de-sac at the end of the road to maximize profit if the plan had not been to eventually have a through street. $iders said the reason there were no houses at the end of the street was because since day one of Walnut Ridge it had been decided that there would need to be a secondary access through the area and the adjoining properties in the future. That was why the road dead-ended. He had been the developer for Walnut Ridge. Lynette Amart, 74 Burr Oak Court, asked if Kennedy Parkway was a collector street and not subject the typical traffic calming measures what was standard for a collector street as far as sidewalks. How could this be considered a collector street with a sidewalk on only one side and all the residents on the other side of the road? She had small children ages 4 and 7. She was at home during the day and could verify with all the residents who had spoken regarding the speed on Kennedy Parkway. She was certain vehicles traveled 45 to 50 mph coming down Kennedy Parkway approaching Burr Oak Court. She'd asked the City to send an engineer to explain why there was not an option for a ramp access to the sidewalk. When she took her children bike riding and they left Burr Oak Court they had to cross Kennedy Parkway to get to the sidewalk. There was no ramp there so an adult had to dismount from their bike and help her toddler get his bike over the curb to get to the sidewalk or they had to ride on Kennedy Parkway against traffic to the next driveway to get to the sidewalk. The City Engineer had told her that there could be no ramp there. In order to accommodate the American's with Disabilities Act there had to be a ramp on the opposing side of the street in order to have ramp to ramp. Since there was no sidewalk on the other side of the street there was no way to have a ramp. Amart said she wished to provide this information to the Commission so they would be aware that the residents of Walnut Ridge were not just whining and complaining. This was a serious safety issue for their children. They stood in the street to wait for the school bus and if they rode their bicycles they had to ride on Kennedy Parkway against traffic to get to the next driveway to get to the sidewalk or they had to get off their bicycles and try to get them up and over the curb. Amart said this was a tremendous safety issue now. The thought of more traffic coming through was unimaginable. Public discussion was closed. Motion: Plahutnik made a motion to defer REZ03-00019/SUB03-00024, an application to rezone approximately 92 acres from Interim Development Residential (ID-RS) to Low Density Single Family - Sensitive Areas Overlay (OSA-5) and a preliminary plat of Cardinal Ridge, an approximate 92-acre, 93-1ot single family residential subdivision. Shannon seconded the motion. Smith asked if the Commission should decide the question of accepting easements in lieu of extending sanitary sewers to the north and south property lines. Koppes said she would like to know more about the sewer to the south and how difficult it would be to install in terms of topography/terrain. Gaines said his boss, Ron Knoche, City Engineer, and Rick Fosse, Public Works director would want to echo here was that in an earlier phase of Walnut Ridge there had been an opportunity to extend the sewer to the west property line and the City had not done it at the appropriate time. In this particular situation because the City was unable to service the northern properties the developer would have to build a sewer lift-station at his cost and then give it to the City. The need for lift-stations should be avoided because there were costs that the City has to incur for maintenance, etc. That extension would have been one where the City did not follow the roadways but would have followed the terrain features. In this particular case it would have been run through one of the lower areas very close to where the lift-station is now. Freerks asked if the terrain to the south would prohibit development in that area? Gaines said 75% of that area ideally would benefit by being sewered to the south, the top 25% would be benefited by tapping into the sewer that would be through Cardinal Ridge. Gaines indicated the land owned by a separate property owner; where the sewer connection would be that would drain back into Walnut Ridge; and which parcel of land would become land-locked and unable to be sewered. Planning and Zoning Commission Minutes June 16, 2005 Page 11 Koppes asked about a blanket easement in case the property were sold. She suggested a similar blanket easement could be done for the north in case that property were also sold. She said the property line was right at the sewer that was not being developed and asked if that was as big a deal as stopping it on the Walnut Ridge side. The sewer was already to the property line of the outlot. Miklo said they would ask the City Engineer if he saw an alternative to bringing it to the property line. Miklo said there may have been some concern about the timing of development of that particular piece. Behr said if the easement was given over the southern part, it merely became an issue of cost. Anciaux said in this situation he didn't feel comfortable not requiring the sewer. He'd prefer to say leave the sewers in, let the City Council look at the associated costs and decide whether they wanted to do it or not. It would be easier to send it up to them that way and let them throw it out if they so preferred. The Council had a better idea of their checkbook. Miklo suggested since the motion for a deferral had already been made, they could request the City Engineer to provide more information at the next Commission meeting. Shannon said they'd stumbled on to a problem that was not involved with this particular addition. He was hearing a real concern regarding the sidewalk issue however it was in an area that was not part of the development. He requested to hear more from the City on how they could correct the sidewalk problem. Shannon said he'd like to see the City show some leadership rather than wait for the Walnut Ridge residents to get together and talk about it. As a property owner, over the years the City had given him deadlines to get sidewalks fixed which was fine. He felt the City should take a leadership role to see how to correct this problem. He requested Staffto provide more information at the next meeting. Anciaux said this was a good case-in-point as to why the Commission should never waive sidewalks in any residential area or subdivision. The motion passed on a vote of 6-0. REZ05-00003, discussion of an application submitted by Southgate Companies for a rezoning from Intensive Commercial (C1-1) zone and Medium Density Single-Family Residential (RS-8) zone to Community Commercial (CC-2) zone for property located between North Dodge Street and Dodge Street Court, east of Conklin Lane. Miklo indicated the location of the property on an overhead map. A portion of the property which contained the Mayor's Youth Center was zoned CI-~I, the remainder of the property with frontage on Dodge Street, Dodge Street Court and the surrounding properties were zoned RS-8, Medium Density Single-Family Residential. The concept plan showed a proposal for two commercial buildings, one in the north-east corner of the property and another, a potential bank, in the southern portion of the property along Dodge Street Court. One entrance was shown onto North Dodge Street and an exit for a potential drive-through bank onto Dodge Street Court. ^ second driveway was shown for the residential uses for apartments above the commercial building. The Comprehensive Plan for this area indicated the possibility of a mixed-use development consisting of some combination of commercial and residential zoning. The Comprehensive Plan had very specific language as to what should occur there, "Careful consideration must be given to the design of any development in this area to assure that it is compatible with the adjacent residential neighborhood. Development ideally will be mixed use with residential component facing Dodge Street Court. Vehicular access for commercial uses will be limited to the current curb cut on Dodge Street. This will require shared access for these properties, if it is not possible to achieve a mixed use development adjacent to Dodge Street Court the preferred use is residential similar to the existing residential development in the area." Miklo said given the language in the Comprehensive Plan, Staff felt that a commercial CC-2 zoning might be appropriate for this location. To ensure that it adhered to the goals of the Comprehensive Plan they recommended that any commercial rezoning be subject to a Conditional Zoning Agreement (CZA) which would spell out specifics on how the property would develop. One of the conditions that Staff Planning and Zoning Commission Minutes June 16, 2005 Page 12 recommended was that there be some controls on the building design. The applicant had shown a masonry building with pitched roofs and commercial store fronts on the ground floor which Staff felt would be compatible with a residential environment. Staff recommended that any zoning approval would require adherence to this general type of building design. Given the specifications of the Comprehensive Plan Staff also recommended that there be pedestrian connections to the sidewalk on Dodge Street. 'The City planned to build a 5-foot side walk on Dodge Street, an 8-foot sidewalk would be located on the other side of Dodge Street. The developer would be required to install sidewalks on Conklin Street and Dodge Street Court. Staff also recommended that if this was the concept plan that was chosen, that there be some type a pedestrian connection back to the retail center from Dodge Street Court. Miklo said in order to assure that there was a good buffer between this development and the neighboring residential uses, Staff recommended that there be some type of decorative masonry wall of varying heights and with architectural detail built on Dodge Street Court and that it be accompanied with a screen of evergreen trees and ornamental trees. The City Forrester had suggested white pines, a fast growing tree which would screen views of the parking lot, commercial development and lights from the second floors of the residents on the other side of the street. Staff recommended that there be a prohibition of signage for the portion of the east side of the building adjacent to the residential zone. Signage be permitted on the portion along Dodge Street, on the store fronts, the side of the potential bank building that faced Dodge Street and the lot corners. There be a prohibition of signage within 50-feet of Dodge Street Court and the south side of the commercial/residential building. Signs other than fascia signs on the wall of the building be limited to two 5-foot high monument signs anywhere along Dodge Street and located so as to minimize their effect on the adjacent residential neighborhood. Miklo said Staff had asked the applicant for more information on the lighting plan including the type and height of the lights. The goal of the plan was to minimize the effect of the lights for the parking lots onto the adjacent residential development. Access - the concept plan showed an exit onto Dodge Street Court. Staff felt given the specificity of the District Plan regarding no commercial access to Dodge Street Court, Staff did not feel that they had the latitude to recommend approval of the proposed access point. Staff also recommended that because the plan projected residential parking for the residential apartments above the commercial having access to Dodge Street Court that the developer improve the street to their properly line. The City would pay for ~ of the improvements but the developer would be responsible for a portion of the street given that they would have access for their multi-family development. Miklo said Staff felt it might be appropriate to have commercial zoning in this area but given the sensitivity of the adjacent residential properties and zones that there would be need to be a number of conditions to assure that the goal of the Comprehensive Plan to make this compatible with the surrounding residential neighborhood was achieved. They would recommend approval only with a CZA which addressed the principles of the North District Plan as discussed in the Staff Report. Anciaux asked if the exit from the drive-through could be put onto Conklin Street. Miklo said it could not. The traffic engineers had looked at that option and felt it would be too close to the intersection of Dodge Street and the intersection with Dodge Street Court. Anciaux asked how far was the access from the intersection of Conklin Street and Dodge Street Court? Miklo said the plat showed approximately 25-feet. How far from Dodge Street down to where it said 'drive exit' on the plan. Miklo said there is approximately 100-feet of frontage on Conklin Lane. Anciaux asked if this came to fruition was there a possibility that the bank would not be located where it was shown on the plat? Miklo said Staff would recommend that there be a concept plan that laid out the general locations of the building. It was Staff's understanding that the applicant did not have a bank designated for this site. It could be some other type of commercial venue. In a CZA Staff would not necessarily indicate that it had to be a bank, just that there could be a second commercial building there that could contain other uses allowed in the zone. Planning and Zoning Commission Minutes June 16,2005 Page 13 Public discussion was opened. Joe Holland, representing Southgate Development. Holland said he didn't believe there was much in the way of issues as indicted by Staff in their presentation. There was a great deal of agreement and common ground on various things that Staff had proposed in the Staff Report regarding changes to the project to make it more appealing to Staff and to the neighborhood. Holland said when specifically asking about dimensions it was important to remember this was only a rezoning, a concept of wishes and hopes of how the project would turn out. The dimensions were close but not accurate to the foot. They were talking about an appropriate Use for this property and not every little detail of the project. Holland said it was not clear from the Staff Report if Staff still had an objection to the location of the bank and the exit onto Dodge Street Court. Staff had said they could not recommend it because of the North District Plan. Holland said that was a narrow reading of the North District Plan. He'd read the Plan and · accurately reading the portion about the Dodge Street commercial property, the idea behind restricting access was to limit access off of Dodge Street. He said having too many curb cuts off a road that was heavily trafficked and with businesses along it could be problematic with the vehicles entering and exiting the properties. Holland said there was language in the North District Plan beyond that which had been quoted in the Staff Report that was significant. The Plan continued on to say, "In addition, small offices or mixed use commercial apartments could be developed along Dodge Street across from the dairy if this area becomes more intensely developed in the future. Rear alleys should be built and utilized to reduce curb cuts onto Dodge Street." Holland said the Plan was never contemplated or intended to talk about an exit off the property. He was not sure that a District Plan was supposed to get down to the level of an existing curb cut which existed in 2001. The developer did not have a problem with restricting the access to the proposed access off of Dodge Street which was consistent with the District Plan. Holland said it would not be an entrance/egress and access to a property, it would be an exit from a bank and only an exit. In a certain sense Dodge Street Court would function as an alley, a narrow area to carry Iow volume traffic although it would be substantially improved from its current condition. Traffic coming out of the access would be traffic exiting from the drive-through lanes, not from the bank. He felt that most persons who exited from the bank would not take a chance on exiting through the drive-through lanes and being stacked behind other vehicles. The stacking effect would be a traffic calming device. Holland said it would be a light duty exit off of the property and not be an ingress/egress in the sense that the North District Plan talked about it. Holland said he felt the project had a lot of merit. To find a bank that served this area of town, one would have to go downtown or over to Rochester Avenue, neither of which was very close. The plan was a concept, no bank had said yes they wished to use the site yet. If no bank expressed interest, it might become some other commercial venue. Holland said the real question that the Commission needed to wrestle with and to send a recommendation to Council was, was the general mixed use of residential and commercial a good use for this site. Steve Rohrbach, architect with Rohrbach and Carlson Architects representing Southgate Development, gave a power-point presentation showing how he'd attempted to address the architectural concerns that had been raised. The main entrance off of North Dodge would be at approximately the same location as the current entrance to the Mayor's Youth building. One two story building (commercial lower level; residential upper level) and one single story building preferred to be a bank. Primary parking would be gathered between the two facilities. North Dodge Court would give residential access to garages and additional parking for the apartments. Rohrbach said the access point and the design of that particular part of the site had been very problematic to develop as it narrowed down to the corner. To get an efficient design without any type of access exit out would be very inefficient. The architect had purposely included a canopy over the drive- through lanes to try to mitigate exit traffic from that access and direct most of the traffic flow to the main entrance/exit onto North Dodge Street. The architects were willing to work with Staff to achieve the residential feel with screening, the masonry wall and other features. Planning and Zoning Commission Minutes June 16, 2005 Page 14 Allan McVay 1124 Conklin Lane, said he'd met several times with Miklo and passed the context of those conversations on to this neighbors, most of whom were in the audience. It was a very small area that they resided in and they were very concerned that the development be done tastefully and with great care. McVay said personally he found the development to be pretty good. His personal concerns were primarily · Access to and screening on Dodge Street Court. · Lighting - tall lights would shine into everyone's homes on Dodge Street Court. · Avoidance of the curb cut into Dodge Street Court from the bank. · Driveway for parking lot for apartments should be avoided. Dodge Street Court was a tiny street, to add more units and vehicle trips would be a real issue. · Appearance of the wall, screening and trees. · Sound was also a concern. McVay said the exit from the bank pointed directly toward one of his neighbor's houses, there was very little space there. Clifton and Teresa Younq, said they lived at the end of the street. Theirs was a little house and the drive that went to it was downhill. Dodge Street Court used to be narrower and was not as hard before the duplexes were built. There had been good water runoff from the street. Currently persons parked in the roadway rather than in their driveways. He was concerned that people residing in the proposed apartments would park anywhere that they wanted to. The street was lower on one side so water ran down the street to their driveway which now had a gulley in it. Every time it rained, the water runoff flooded the ramp into their home and their basement flooded because they were getting all the water from the street. He had 1-inch of mud in his basement. Young said he was concerned about the traffic, with his wife, who had a disability, taking their dogs out on her scooter and with the current condition of the road. With more construction, more cement and higher elevations of the street he was worried that he would get more water into his driveway. Anciaux asked what would be the standard of development for the street. Miklo said local street, curb and gutter up to the east property line. The street would be built at 26 to 28-feet which would allow parking. Smith asked if the proposed street project would improve the street and mitigate some of the run-off. Anciaux and Miklo said it might or might not, the developer would need to address that. Gaines said he had not looked at the plan, but he would guess that any of the water should be captured within the developing site itself without anything spilling onto the street. Gaines said this was at the concept stage and the City had not seen any development plans. Miklo said the City did not require stormwater management for commercial sites under 3-acres so this would not be subject to the City's stormwater ordinance. Pat Edburg, 1380 North Dodge Court, said the City had installed a street-sign so persons would know what street she and her neighbor lived on. She asked for a clarification of where the property lines were and where the proposed rezoning was. The City's rezoning sign was located on the property line instead of on the actual site. Oscar Graham, 1130 Conklin Lane, said he also had a piece of property that exited onto Dodge Street Court. He was against anything that would enter or exit onto Dodge Street Court. The street was narrow, Ms. Young was a handicapped individual and the bus picked up her up 5-days a week. The street was so narrow that the bus had to back down to pick-up Ms. Young. Traffic egression out of a bank or the apartment building didn't seem feasible to him to have in that type of a situation. He would prefer to see the area remain as it was, residential. There would also be no additional room for parking by the Dodge Street Court residents or the apartment dwellers because of the narrowness of Dodge Street Court. Mary Lou Emery, 1331 Dodge Street Court, said she had resided there for 12 years. She appreciated the thoughtfulness that had gone into the design of the buildings, the wall and screening with trees. She hoped if the project were approved that the trees would stay and become higher and thicker. Her main concern had to do with the exit from the proposed bank onto their neighborhood street. She was also concerned about the drive into the parking area for the apartment building. That area was a very, very small short and narrow street. The increase in the volume of traffic on that street and the increase in the noise level in what had been a quiet neighborhood would really be quite significant. She appreciated the Planning and Zoning Commission Minutes June 16, 2005 Page 15 efforts that had been made to reduce the impact of the proposed development upon the neighborhood but she hoped that the Commission would take seriously an option to move the drives off Dodge Street Court. Smith asked if it was correct that the plan was to improve North Dodge Street Court on the south side. Although it was very narrow and chip seal at present, if developed the road would be improved so that it would be wider, concrete curb and gutter and avoid some of those concerns. Anciaux asked if it would be done in a timely manner. Miklo said Staff recommended if Dodge Street Court were to be improved the Developer pay for ~ and the City Council would have to commit to paying for ~ of the road and also be included in a CZA for the developer's commitment as part of the rezoning. The improvement should occur before the occupancy of the apartments. Koppes asked for a clarification regarding the number of proposed apartments. Miklo said 10 apartments which would require 20-parking spaces. Koppes asked if the number of proposed bedrooms was known. It was not. Chris Greve, 1265 Dodge Court, said he was one of 4-duplexes located directly across the street from the proposed parking lot. Greve said he agreed with many of StafFs recommendations. He did not wish to have the drive through access from the bank. One of his main concerns was the lighting. In a CZA he would like to see requirements for dimmer lights and for the lights to be angled away from the residential properties. He realized that trees were planned, but it could be 15-years from now when they would be tall enough to cover views from the second level. Greve said the duplexes all had front facing bedrooms which could be a problem from the lighting from both the parking lot and from the angled section of the commercial building. He would like consideration to be given to no lighted signs on that area as well as on the back or there could also be a time provision so that lighted signs were not permitted on the portion of the commercial building that angled toward the houses until when the trees grew tall enough to cover the second story. Shannon said there was a very good ordinance which dealt with lighting and how much light could come onto a property from adjacent properties. Anciaux said in the last 20-years there had been tremendous developments in keeping lights on location, Mercer ball park diamonds were a good example. Lori Dockery, owned the house on the corner that proposed bank exit faced. Dockery said her primary concern was that Dodge Street Court would not be able to handle all the traffic, however after she'd heard that the street would be widened so that two cars could pass she felt better about the situation. She was very glad that the wall screened the view of the parking lot, however during the 3-D presentation, she noted that she could still see directly across to the bank and the cars coming through the drive-through. There were some bushes but no brick wall. Dockery said she didn't understand why the bank couldn't be moved around so that it could exit in a loop fashion so all traffic would exit through the North Dodge access. She felt it was silly to have three different entrances, everyone could use the Dodge Street entrance/exit. Mike Dalton, said he and his wife had built the first duplex. He agreed with Dockery, he didn't like the idea of the two exits onto North Dodge Court. Theirs had been a nice quiet neighborhood, to increase the traffic flow he was not in favor of, especially with a neighborhood resident who was handicapped and exercised her dogs on Dodge Street Court. Dalton said he would not like to see any entrance onto Dodge Street Court. Dave Fulle~, Dodge Street Court, said he'd like to emphasize that most everything looked fine, he agreed with the widening of the street, the Iow lighting, and the architecture. He was opposed to the entrance and exits onto Dodge Street Court. There seemed to be plenty of frontage on North Dodge Street that could be used instead of invading their street and their properties. Holland said there were a lot of things that would be a win-win situation for the neighborhood. They'd heard complaints about storm water management and how it affected people's lives, about the street being too narrow and parking, this would be an opportunity to have the street improved. If there was no access/exit for the bank, there probably would not be any improvements to Dodge Street Court. The entrance for the apartments could be moved to North Dodge Street. The developer's hoped that this Planning and Zoning Commission Minutes June 16, 2005 Page 16 would be something that would benefit the neighborhood by allowing the light duty exit and by allowing the residential parking to come in off Nor[h Dodge Court. It would be hard to say how much traffic would increase; the little bit of traffic exiting from the bank would not be a big issue. It was a very small, odd shaped site. Rohrbach Carlson Architects had tried to figure out a way to make things work on the site with a loop around the bank. The problem was that it pushed the bank back and a lot of parking would be lost on the south side which restricted the use of the property. All traffic circulation would be internal with more internal conflicts on the site. The design was at a concept stage, a lot of thought had gone into how to best utilize the site but in a way that made it an asset for the area not a detriment. A logical use for the site would be a convenience store but that had never been seriously considered because it would not fit the residential character of the near-by properties. Holland said the people at Southgate and Rohrbach Carlson did care about how it would impact the people in the neighborhood. The lighting was a serious issue and he'd had a number of discussions with John Yapp regarding it. There were extensive provisions in the zoning ordinance to minimize and prevent the escape of light off-site. Because this was in the concept stage it would not be possible to get into details but he was sure that Southgate would go a step beyond the required if possible to comply with the Ordinance and be a good neighbor. Southgate had been a company in Iowa City since the mid 1950's and they wanted to be a good citizen of the community. That was in part what this project was all about, trying to make a good use of this property. Holland said they'd heard a lot about traffic. This would be a drop in the ocean in terms of traffic that would be added by the drive-in bank. Not every customer would go through the drive-through, it was not something that would be used around the clock. Holland said he felt too much had been made of it as far as the impact it would have versus the positive impacts of stormwater management, a 28-foot paved street and bringing needed services to the neighborhood. Rohrbach said the lighting would be covered by City Ordinance and they would do what they could to mitigate light that transferred off site. Rohrbach said when they had a mixed use development where there was residential and commercial traffic, there was a lot of good planning sense to try to keep the two types of traffic separate which is what they had done. They had tried to keep the residential traffic and its access to the site in its own location. It was a different type of traffic that came and went at different times than the commercial traffic. There would be 10 apartment units, 20 spaces and 8 garages. They had purposely not put a connection between the residential parking and the commercial area; they might also utilize some security features. Koppes said if a bank didn't go there the zoning would allow for a fast food place which would have a lot more traffic at later hours as would an ATM machine bank at a bank location. Was there anything that could be done for screening of the headlights. Rohrbach said without doing something on the south side he didn't think so. The south side was not there property - he didn't know how the property owner would feel about screening on their property. Rohrbach said because of the triangular nature of the site, their ability to work with that end of the site became problematic because the site blocked down so much. He felt the issue of the number of cars exiting the banking facility wouldn't be the number that was being talked about, they would be exiting the area and not effecting the eastern part of the street. The traffic that would use North Dodge Court would be residential traffic, the same nature of traffic that used it now. Rohrbach said he would like it if they could get the facility turned so the headlights would exit onto Conklin Street but they were limited to the current proposal. Plahutnik said a bank drive-through was fairly Iow use. If it turned out not to be a bank was there a possibility that there would not be an exit there? Once the exit was there, it was in. Siders said they did not have a bank lined up but they would like a bank on that site. They would be willing to concede that if they did not get a bank they would not have a drive-through access for a convenience store. Behr said if the applicant was willing to defer it would be appropriate for the Commission to state their thoughts about the access and whether or not restrictions in the CZA would be appropriate to give Staff and the developer some feedback. If the applicant was not willing to defer they would have to vote and give their recommendations as to conditions for a CZA. Miklo said the Commission could ask the applicant to waive the 45-day limitation period until the next meeting or they could vote this evening with any recommended CZA conditions. Given that the plan was influx, more information had been requested as noted in the Staff report and there would be some changes, ideally this application would be deferred Planning and Zoning Commission Minutes June 16, 2005 Page 17 to the next meeting. The Commission could give Staff and the applicant some direction on the two issues of concern which were the two driveways onto Dodge Street Court. Freerks said it sounded as if there was agreement between Staff end the developer on most things except the drive through. They had discussed the curb cuts, apartments and traffic. Plahutnik said given the specificity of the District Plan, the Plan had spoken directly to no commercial access to Dodge Street Court. Miklo said page 2 of the Staff Report had the quote from the District Plan, Staff had taken the combination of the two sentences as the direction that there should not be a curb cut for commercial uses on Dodge Street Court. The District Plan had been developed through a citizen participation process, several persons from this neighborhood had participated, this particular corner had specifically been discussed as to what was desired in that part of the neighborhood and it had been the concern that given the character of the street that it not have commercial access. Freerks said it sounded as it there were issues of safety as well as blending the two areas, RS-8 and commercial. Siders said the last two commercial projects that Southgate had done they had separated the commercial and the residential traffic, Walden Square for example, The residential had been put behind the complexes with garages and parking and the commercial had been put out front. It had worked out very well which had been one consideration with this site. An option with this site had been to build all residential and access onto Dodge Street Court. He was not sure that there would not have been more traffic generated with that proposal. Siders said he wanted to put a bank on the site was because 1) there was not one in the neighborhood and 2) it was a Iow traffic generating occupancy. That was why he'd agree to if it was not a bank then they would not exit out onto Dodge Street Court. With the installation of the combination commercial/residential, the neighborhood had the opportunity to have their street improved. Freerks asked if there was some way to put the ATM machine somewhere else. Siders said that would be an option of the bank, most banks they had talked to in the past preferred the canopy and a shelter structure. Freerks said that would be one option to eliminating the lights coming in to the residential area at night. Siders said he was not sure that Southgate would be willing to agree to that, he was not comfortable telling a bank how they had to set up their business. Anciaux asked if Siders would be willing to defer. Siders said if it would help and he would get a couple brownie points he'd defer to the next meeting. Smith said it was a traffic hazard according to the City Engineer to have the traffic exit out onto Conklin Street. Were there safety reasons and why? Anciaux said he'd like to have that reviewed again. Rohrbach asked Staff to clarify with the engineer - was it a hazard when it was an entrance and an exit. If it would be just an exit would it change their opinion of that situation? Gaines said he was not the engineer that had reviewed this site and did not know the particular site details. However it was a rule of thumb that the City typically wanted 150-feet between an access and an intersection. They were looking at 100-feet of frontage between two intersections. Anciaux asked Staff to look into that further. Dockery said she wanted it to be clear that the issue of the drive though was not that there would be lights in her windows, that side of her house was a hallway and bath. Her issue was what she would see visually - it would be a business not a house. It did not fit in with the neighborhood. She would be able to see the bank very clearly as only bushes were planned for screening. She liked the idea that commercial would be coming to the area, especially if it would be food places for their neighborhood. If the elimination of both entrances onto Dodge Street Court meant the developer would not improve it she didn't think that would be an issue for anyone in the neighborhood except perhaps for the Youngs at the end of the street who were getting all the runoff. The neighborhood would rather have Dodge Street Court unchanged rather than have it approved with the bank and apartment drive onto it. Conklin Street was not proposed Planning and Zoning Commission Minutes June 16, 2005 Page 18 to be reconstructed so it didn't fit that one street would be a good one and the other would remain a dirt road, it just didn't fit. A business drive would not fit in totheir neighborhood. Miklo said part of Conklin Street would be improved as part of the Dodge Street project. Dockery said but not all the way down to the park and not in front of her house. The City had proposed a median on Conklin Street. Dockery said that was not a good idea either. McVay said all things considered they would rather leave Dodge Street Court the way it was rather than make the road 'better'. If the road was going to be improved, the fewer cuts the better. Public discussion was closed. Motion: Freerks made a motion to defer REZ05-0000~, an application for a rezoning from Intensive Commercial (C1-1) zone and Medium Density Single-Family Residential (RS-8) zone to Community Commercial (CC-2) zone for property located between North Dodge Street and Dodge Street Court, east of Conklin Lane. Koppes seconded the motion. Smith asked if there was a consensus among the Commission that they would be interested in covering that with strict limitations such as exit only, for bank purpose only. Freerks said she didn't have a problem with the apartments and having a curb cut on to Dodge Street Court. She thought it was wise to separate the traffic, it was a safety issue. She was hesitant about the drive for the bank. She requested Staff to investigate if there was any possibility that it could be done any differently. She also requested Staff to talk with the Traffic Engineers to see if the exit could go onto Conklin Lane. She understood that safety was the main issue. She liked the plan and idea of having something commercial in that area but she was not sure she would support the drive-through. Miklo said he was sure that the exit could not be onto Conklin Street. Smith said his personal preference would be to have the traffic exit onto Conklin Street. If that was not possible due to safety reasons then they had no alternative but to do that. Given the fact that they had a City street that was not improved and they had an opportunity to improve it by allowing the very limited restriction, he thought it would be a good thing for the City, the community and because the improvement would be paid for in-half. If the residential access came off Dodge Street then that street improvement would probably not take place. Freerks said there was another alternative, to have the bank drive through work another way. The drive through did not have to spill onto Dodge Street Court. Smith said the developer had an alternative for the residential access in which there would be no traffic on the street - without the commercial access the cost of the street improvement for 10 apartments would be a cost consideration for the developer. The developer could open an access for the residential from the commercial area and the street for the City would remain unimproved for the City. The City would lose the opportunity to pay for ~ of the cost. His opinion was if they could find a way to control and limit it he would support it. He was not in favor of an ingress/egress and major traffic through fare. Shannon said the point had been made that if this was not a commercial site and would be a residential site only, the traffic flow would be greater. Miklo said he was not sure that traffic would be more if this was developed for residential uses rather than a bank exit. He said he would ask the Transportation Planner to provide some estimates for drive through banks. Shannon said he wondered if this would not be a better situation than all apartments due to traffic numbers. Another plus would be that the City would get rid of the unsightly old dairy building. Anciaux asked that staff provide traffic estimates for the possible uses on this property including a drive thru bank. Planning and Zoning Commission Minutes June 16, 2005 Page 19 Koppes said if she could limit it just to a bank, she would be in favor of the drive through - an exit only and a bank only. She didn't want to see anything else such as fast food located there. She liked how the residential was separated. Plahutnik said Southgate owned the property and they were going to develop it. The Commission had to look at what would be good for the community, would have the lowest impact on their neighborhood and have some beneficial effects as well. By limiting the egress to a bank and otherwise no curb cut there, he would generally support it at this time. Anciaux said he would generally support it. If it were developed as just residential, there would be at least 10 units on the north side of Dodge Street Court and the traffic would probably be the same. This way there would be an improved street. If the exit could be limited to just an egress and a couple trees planted on Dockery's property so the lights would not shine on her house at night, that would be a plus. If the wall was not going to screen the bank then the landscaping would be his preference. Freerks asked Dockery if she owned her property on the corner. Dockery said she did. Miklo said if the owner of the property to the south agreed, the CZA could require the developer to plant screening on that property. Dockery's concern had been that she would be looking out onto a commercial venue. Her preference would be to have it obscured by trees of varying heights. Anciaux said adding windows to the wall, some trees and shrubs to landscape the bank's area. Freerks asked if it was a single lane out onto the street and not a two-lane. Rohrbach said he thought they would want to bring it down to a single lane or as close as possible. It was such a short distance there but it was not proposed to come out the full 3-lanes. Miklo asked the Commission to clarify if they wished some screening by the developer on the property to the south. Anciaux said that was correct, either a wall with landscaping in front of it or some way to transition it. Miklo said since stormwater management was not a requirement for this project. There had been some reference to the stormwater improvements in trade for the access, did the Commission want a condition that the developer show that stormwater was actually being improved as part of the road improvements. Anciaux said he would not want this to generate any more water going the other direction. He was sure that the developer could figure a way to capture it. Siders said he had no idea, he was not an engineer. Stormwater was not a requirement on this, he would make no guarantees. Miklo said it had been said that by improving the road the developer was going to improve the stormwater flow in this area. It seemed like some of the logic from the Commission for approving the bank drive onto Dodge Street Court was that it was going to improve the stormwater situation. Was that something that the Commission wished to address in the CZA? Smith said he'd raised that question. He had been clarifying that the street improvements would include storm sewer. The answer that he'd gotten was yes it would be there. By virtue of it being there Smith said he thought the water runoff would be mitigated, he had no desire or felt it needed to be included in the CZA. Freerks asked if they were assuming that it would be taken care of ? Smith said he was assuming that by adding a storm sewer that currently did not exit therefore the water would be taken away manually rather than naturally as it was. In his perception it would have to improve the situation. If it was not required for the site then he saw no need to add the additional requirement. In his mind by pure appearance it appeared to improve the situation. Miklo asked if it was the consensus of the Commission not to address stormwater management. Smith said it was not a requirement because of its size. Miklo said many of the conditions that were being put on were not requirements, they were above and beyond what zoning required. Planning and Zoning Commission Minutes June 16,2005 Page 20 Smith said he did not see any reason to. Plahutnik said storm sewers on the road gave him a comfort level there. Anciaux said he would like to make sure that there was a storm sewer there in that area and it had not collapsed as had happened in other parts of town. He wanted to be sure that the curb and gutter was going to be fed into a storm sewer some place there, the excess water would not be going down the street and (the project) it would not be generating any more water- he would like to look at it. Koppes said she felt they needed to look at the street. She did not want to put it on the CZA because when they built the street it had to be built to standards and the City would do that. The City and the developer were sharing the costs. She did not want to make it worse for anyone. Freerks said then the Commission was stating that they did want to look at it as far as the street design. Koppes and Smith said yes, in terms of street design. Smith said the thought it did. Freerks said they wanted to make sure that it did. Koppes asked Staff to verify it for them. Smith said as far as the property itself, with the wall it would have to get pretty deep to get off the site. Anciaux said legally the developer could not direct additional water off property. Behr said when considering what went into a CZA, a CZA could contain things that were necessary as a result of result of changing of the zoning. That was what they needed to focus on. Smith said his concern would be to ensure that the CZA included street improvements that would also include stormwater collection and drainage within the road improvement through the normal street design. Miklo said the Commission was indicating that they wanted to be sure that the street did not direct any more water to the east. Smith said make the street had storm sewers, especially near the end of the lot to ensure it would not flow off. The motion passed on a vote of 6-0. VACATION ITEM: Smith recused himself stating though his employment he might have a potential conflict of interest. VAC05-00004, discussion of an application submitted by the City of Iowa City for vacation of alleys in Peninsula Neighborhood Second Addition. Miklo said the City would vacate the alleys as public alleys, then they would become private alley which would allow greater flexibility for the placement of utilities in the Peninsula Development. What they saw on the ground would not change. Staff recommended approval of the vacation. Public discussion was opened. There was none. Public discussion was closed. Motion: Shannon made a motion to approve VAC05-00004. Freerks seconded the motion. The motion passed on a vote of 5-0. CONSIDERATION OF THE APRIL 28 and May 5, 2005 MEETING MINUTES: Motion: Koppes made a motion to approve both sets of minutes as typed and corrected. Shannon seconded the motion. The motion passed on a vote of 6-0. Planning and Zoning Commission Minutes June 16, 2005 Page 21 OTHER ITEM: Miklo asked if the Commission would prefer to meet July 6, as a majority of the Commission could not meet on July 7. The Commissioners agreed to change the next formal meeting to Wednesday July 6 at 7:30 pm Monday June 20, 7:30 pm - informal work session to review the Code rewrite. Monday June 27, 7:00 pm - public hearing on the Code rewrite ADJOURNMENT: Motion: Smith made a motion to adjourn the meeting at 10:27 pm. Koppes seconded the motion. The motion passed on a vote of 6-0. Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill s:lpcdlminuteslp&z/200516-16~5.doc Iowa City Planning & Zoning Commission Attendance Record 2005 FORMAL MEETING Term Name Expires 1/6 1/20 2/3 2/17 3/3 3/17 4/7 4/21 5/5 6/16 6/27 7/6 D. Anciaux 05/06 X X X X X O/E X X X X B. Brooks 05/10 X X X X X X X X X O/E B. Chair 05/06 X O X X O .................... A. Freerks 05/08 X X X X X X X X X X J. Hansen 05/05 X X X X X X OrE O ........ E. Koppes 05/07 O/E X X X X X X X X X W Plahutnik 05/10 ................................ × X D. Shannon 05/08 X X X O~E O/E X X X O~E X T. Smilh 05/06 ............................... x X INFORMAL MEETING Term Name Expires 1/3 2/14 2/28 3/14 4/4 4/18 5/2 6/13 D. Anciaux 05/06 CW X X O~E X X X X B. Brooks 05/10 CW X X X X X X X B. Chair 05/06 CW X O .................... A. Freerks 05/08 CW X X X O/E X O/E X J. Hansen 05/05 CW X X O/E X O ........ E. Koppes 05/07 CW X X X O/E X X X W Plahutnik 05/10 CW .................. O/E X D. Shannon 05/08 CW O/E O/E X X X X X T. Smith 05/06 ........................... X I I I I I Key: X = Present 0 = Absent O~E = Absent/Excused N/M= No Meeting APPROVED JUNE 21,2005 MINUTES SENIOR CENTER COMMISSION JUNE 21,2OO5 ROOM G09/8 - SENIOR CENTER Call to Order: Meeting called to order at 2:05 PM. Members Present: Lori Benz, Jo Hensch, Jay Honohan, Betty Kelly, Sarah Maiers, Charity Rowley and Nancy Wombacher Members absent: None Staff Present: Michelle Buhman, Linda Kopping, Julie Seal, Susan Rogusky and Mark McCusker Others Present: Lynn Campbell and Lee McGovern Recommendations to Council: None. Approval of Minutes: Motion: To approve the minutes from the May 18, 2005 meeting as distributed. Motion carried on a vote of a 7-0. Rowley/Maiers PUBLIC DISCUSSION Lee McGovern, representing the Johnson County Task Force on Aging, expressed support for installing permanent wiring and other improvements to the sound and recording systems in the Assembly Room. COMMISSION ASSIGNMENTS Kelly volunteered to write the web article from today's meeting and report to the City Council at their June 7th meeting. Honohan volunteered to report to the Board of Supervisors on today's meeting sometime during the next month Rowley volunteered to write the web article for the July Commission meeting. REPORT ON ORGANIZING THE MEETING AND COLLECTING DATA FOR UPDATING THE STRATEGIC PLAN- KOPPING Commission and staff are finishing up their focus groups and have been submitting their results. Once everything is turned in, Kopping will compile and distribute the information. Kopping is in the process of summarizing the results from the membership survey. She hopes to have this done within the next week and then distribute both the summary as well as the raw data to the Participant Advisory Committee and Commission. REPORT AND RECOMMENDATIONS FOR REGULATIONS RELATED TO THE USE OF SENIOR CENTER EQUIPMENT BY NON SENIOR CENTER AGENCIES OR GROUPS- Kopping Benz, Honohan, Rowley, Kopping and Buhman met to discuss whether or not to charge outside groups for use of Senior Center equipment. The committee was in agreement not to charge an hourly rate for use of equipment. However, committee members APPROVED JUNE 21, 2005 believe a security deposit should be required for outside groups interested in using expensive equipment such as the liquid crystal projector and laptop computer. Kopping reported that a policy statement has not be written yet because she is waiting to see how this information can be incorporated in to the room rental agreement produced with the new software. She will prepare the policy and get the committee's approval of the written document as soon as possible. VOLUTEER RECOGNITION UPDATE- Buhman Buhman reported that the Volunteer Recognition event will be held on June 29, 2005. This year's program will be a breakfast, featuring live entertainment and a gift for each person in attendance. Volunteer response to the invitation has been very good. When asked, all members of the Commission indicated they planned to attend and would be available to work at the breakfast. PARKING COMMITTEE UPDATE- Honohan Honohan reported that the Parking Committee is scheduled to meet with parking division management regarding the parking issues faced by Senior Center members. 28E UDATE - Honohan No report available. COMMITTEE REPORT ON STAFFING REQUIREMENTS FOR EVENING AND WEEKEND PROGRAMMING - Maiers Maiers and Hensh met with Senior Center staff to discuss options addressing the issue of providing appropriate levels of staffing for evening and weekend programs. The committee (Maiers, Hensh, Wombacher) plans to meet again and discuss the issue further prior to making a recommendation to the entire Commission. REPORT ON THE ELEANOR HUGHES ESTATE - Honohan Honohan reported that portion of the Eleanor Hughes Estate that is designated for the Senior Center is estimated at $272,687.47. The Commission will need to think about how this money should be used and how to honor her memory. SENIOR CENTER UPDATE Operations- Kopping Kopping reported that the staff attended a week long training session for the new · scheduling/membership software. It is hoped that the new software will assist in facilitating the production of the program guide, room scheduling, participation counts and class registration. Kopping stated that that this software product was originally purchased by the Parks and Recreation department. Parks and Recreation agreed to allow the Center to purchase add-on licenses to their program. Due to the fact that add-on licenses represent a fraction of the full program price, this generated a considerable cost savings for the Center. Programs - Seal Seal provided the a list of programs planned for July 2005. For a complete list of programs scheduled for July and August, see the 2005 Summer Program Guide. APPROVED JUNE 21, 2005 Volunteers - Rogusky- McCusker McCusker and University of Iowa Associate Professor John Winet, have been working together to produce web-based promotional materials and to bring Senior Center Television shows to the internet. Professor Winet has included Senior Center TeLevision in grant applications that have generated revenue used to purchase new equipment for the group. In addition, for the past two years he has organized numerous student practicums at the Center. Rogusky reported on plans for the Center's booth at the Johnson County Fair and asked Commissioners to volunteer to work a shift at the Fair during the last week of July. A sign-up sheet was circulated. Rogusky announced that the Senior Center is collaborating with other area senior service agencies to provide a series of programs called Care for the Caregiver. The series will run during the evening hours and will be featured in the fall program lineup. Memberships and Fundraising Report- Buhman Buhman reported 933 current Senior Center members and $20,003 raised in membership dues. COMMISSION DISCUSSION: Motion: To adjourn. Motion carried on a vote of 7-0. Rowley/Kelly. APPROVED JUNE 2'1,2005 Senior Center Commission Attendance Record Year 2005 Name Term 1/24 2/15 3/15 4/26 5/18 6/21 Expires Lori Benz 12/31/05 O/E X O/E X X X Jo Hensch 12/31/06 X X X X X X Jay Honohan 12/31/07 X X X X X X Betty Kelly 12/31/07 X O/E O/E X X X Sarah Maier 12/31/06 X X X X X X Charity Rowley 12/31/05 X X X X X X Nancy Wombacher 12/31/06 X O/E X X X X Key: X = Present O = Absent O/E= Absent/Excused NM = No meeting -- = Not a member IOWA CITY HUMAN RIGHTS coMMISSION APPROVED MINUTES March 22, 2005 MEMBERS PRESENT: Lisa Beckmann, Paul Retish, Jim McCue; Bev Witwer; Billie Townsend; Scott King; Sara Baird MEMBERS ABSENT: GeoffWilming, David Shorr STAFF MEMBERS: Heather L. Shank 1. CALL TO ORDER: 7:05 P.M. 2. APPROVAL OF THE MINUTES: McCue mentioned that on the first page 2/3rds of the way down, it is written that Scott King moved her- Sara Baird. (There is a period missing.) Quire is the name of the choir that King is a part of and the spelling is not an error that needs to be corrected. Townsend said the quote of her statement on page 10 needs to have the repeated phrase removed. McCue mentioned that the minutes were long and not focused. He would find shorter and more focused minutes more 5eneficial. Shank agreed and explained that she would not do another transcript of the minutes, it was necessary in this case only because there was a question as to the impartiality of the Commission and the only way to provide minutes that could not be interpreted as biased was to do a word for word transcription. This will not happen in the future unless circumstances require it. Motion: McCue moved to approve the minutes as amended, Paul seconded the motion. Motion approved unanimously. 3. RECOMMENDATIONS TO COUNCIL: No 4. NEW BUSINESS: Scattered Site Housing Task Force issued its draft recommendations and Beckmann received them in an e-mail from Matt Hayek on Monday. The draft recommendations were handed out to each Commissioner. Beckmann stated that a public forum to discuss the recommendations was scheduled for March 28 at 6:30 p.m. Matt Hayek, in his e-mail, inquired as to whether the Commission wanted to have representation at that meeting. The last page of the Task Force document discusses the composition of the census tracts. Beckmann acknowledged that the Commission's group opinion that census tract 18 or as the Commission called it, "Southeast Iowa City", was "over-represented" was confirmed by the Scattered Site Task Force. Retish clarified that the "Scattered Site Housing Task Force Fair Share Matrix Table" is representative of only federally subsidized housing. It does not represent private housing. Townsend indicated that it represents the housing developed with the help of 1 ½ - 2 million dollars the City receives from the federal government for public housing. Retish believes the task force only addressed some of the perceived housing problem, if it didn't look at housing that was not federally subsidized. Witwer said she was pleased to see the Tenant to Ownership and Work towards Self-Sufficiency programs. McCue stated that he did not understand the second recommendation that called for the City to adopt a "residency preference" for Section 8 vouchers and/or public housing. Beckmann explained that this program allows a person/family to apply and receive a Section 8 voucher in a different state and use it when they move to Iowa. Shank informed the Commission that City Steps is a housing plan that is developed by City staff for HUD. In the plan, recognized barriers to housing are set forth and steps taken to address them are outlined. Beckmann asked whether members of the Commission wanted to attend the public forum. McCue volunteered and Retish said that he would try to go. Beckmann said Retish said that he would be more comfortable reporting back to the Commission rather than speaking for the Commission. McCue indicated that he did not want anyone on the task force to expect the Commission to weigh in and express their views. Shank stated that she has told persons that were wondering that the Commission had concerns and expressed them. It did not, however, intend to weigh in on the recommendations of the Scattered Site Housing Task Force. The DVD entitled "Bayard Rustin: Brother Outsider" will be shown April 5, ICPL at 7:00 p.m. and it is approximately 1 hour and 20 minutes long. GeoffWilming will facilitate the discussion following the screening. Witwer & Baird will also be present. The Center for Human Rights indicted that it also would send someone to facilitate the discussion. This project was initiated by the U of I Center for Human Rights when a staff person contacted Witwer and asked if the Human Rights Commission would be willing to help with their film series by having the Commission's name on the poster. The DVD is about Bayard Rustin's work in Civil Rights. Rustin was an African American gay man. Retish said that Rustin was one of the great leaders of the Civil Rights movement. Shank asked Witwer whether the U of I Center for Human Rights had gotten written permission to show the DVD. She added that it was imperative that the Iowa City Human Rights Commission be cognizant of copyright laws. Witwer said that she would ask and get back to Shank and added that Amy Wisemann is the head of the Center for Human Rights and she is new to this. McCue asked whether the Center had sought African American co-sponsors. Witwer said that she would check on this as well. 5. OLD BUSINESS: February & March programs: Cultural Diversity Festival - Beckman, King, Baird and Wilming attended. Beckmann thought the event went well but the table location was a problem. The table ended up being in front of the men's restroom and was frequently mistaken for the Information Table. Despite the table location, people did come by, picked up materials and seemed interested. Shank expressed the Commission's concerns to the organizers of the event and the table will be located in a different spot next year. Let's Get Real - Witwer said that everything went very well and the audience wanted to express their thoughts on the issue and offer suggestions. Witwer wrote a letter to the editor about the event. Shank realized that she had forgotten to put it on letterhead but said she would the following day. Beckmann added that Witwer could e-mail her letter to the newspapers. Witwer praised Wilming and Baird for helping to make the event a success. Tenant/Landlord Program - Beckmann stated that Shorr was not at the meeting so he could not talk about this program but she and Shank attended. Beckmann thought the program was excellent and she really, really enjoyed it. Shank mentioned that the landlords she spoke with found the program exceedingly helpful and would love to see a repeat. Beckmann said that the manner in which the panelists dealt with the discussion was great in that they asked the audience hypothetical questions as to what they would do in this scenario or that scenario. The program was really informative and she would like to see the Commission do a follow-up program. Odd Girl Out - Witwer said that she recruited people to go but several did not attend even though they had a free ticket. The group that was the strongest in supporting this program and committed to attending were elementary counselors. They are dealing with aggression in girls every day and they have very strong feelings about this issue and it is very important to them. There are around 17 elementary schools. Shank said that she purchased five of the Odd Girl Out videos which taped the author and a video of the discussion that occurred afterwards with the panel of teachers and a principal. Retish wondered whether anti-bullying actions are the fad of the month. Building Blocks for Employment-- Shank indicated that she enjoyed herself immensely. For the first hour the tables were packed with volunteers and persons seeking assistance with resumes, cover letters, applications, etc. After the initial rush, things slowed down considerably as people returned home to put their kids to bed. The law students that volunteered had a wonderful time and they wanted to volunteer at another event as soon as possible. Retish said there are two things that are needed, (1) employers with jobs and (2) food. The group that provided the meal in the past has appeared to have lost its membership. Retish stated that ACT has committed to taking the lead in finding employers to participate in the next program. First, ACT is going to send letters to employers encouraging them to attend. The group that provided the food at the Pet Degree Building Blocks fizzled at the most recent event. Shank believes the group called itself the Broadway Vitalization Project. It was suggested that the Commission make sure that there is enough food to cover all of the kids that attend because it is a big draw to the event. Shank added that the pizza that the Commission did provide was quite good. McCue thought having an earlier more focused time frame would make the event more efficient and not result in volunteers sitting after the rush was finished with nothing to do. Shank suggested engaging in outreach of groups not usually represented. Beckmann suggested doing an application template so the information could just be typed in. McCue thought that there should be a table where the topic is temporary employment. As a volunteer at the Shelter, McCue sees that type of employment opportunity being accepted more frequently by persons that are homeless. The people at the shelter are usually being interviewed on the phone and they are not getting three letters of recommendation. Beckmann asked whether the Commission could take it one step further by having a job fair. Shank said that Pat Meyer was going to arrange for a job fair but Shank has not heard anything about any plans for awhile. Beckmann said that since the Education Committee is contacting ACT and other employers .... Retish interjected that he advised Committee meetings to contact a spectrum of employers that have available entry level, blue collar and professional positions. King believes that there needs to be a note included on the first page of the cover letter material advising people to have someone else proofread the document before it is sent to the employer. Retish also recommended teaching people how to write a resume or how to type one. In addition, it would be beneficial if people were informed of places where persons could receive assistance with drafting resumes/cover letters etc, during the time the Education Commission meeting is not having a program. Retish really wants employers that provide entry level positions ~ike K-Mart & Wa~-mart to participate in the job fair. Retish reiterated what he has mentioned several times before, that the Chamber of Commerce has been unwilling to assist with this endeavor. According to Retish, the people the Chamber do not seem to understand who the participants include at the Building Block events. When he went to the Chamber to discuss Building Blocks he was told that the Chamber does something similar at Hancher Auditorium every year. The Chamber representative wondered why persons attending the Building Blocks events have not gone to Hancher when the Chamber has held its job fair. Beckmann asked whether there have been job fairs in the past where entry level jobs have been offered. Shank said that she is not aware of a job fair that has assisted persons with the level of job skills usually found at the Building Blocks event. She added that a job fair was scheduled at the University of Iowa on March 23 but there has not, to her knowledge, been a job fair that has assisted persons the Education Committee usually assists. McCue said a good resource would be Leon DeBoar, the Program Manager at the Shelter House. DeBoar works predominately with agencies that place homeless people in available temporary positions. McCue also recommended talking to Karl Dixon. Beckmann said that she would like to have the Commission involved in the job fair. WHITE PRIVILEGE 101: Beckmann, Baird, Townsend and Wilming attended this event. Baird said that Eddie Moore actually viewed this event as training on how to present the information that they were going to provide at the bigger conference in April. Baird said that Moore showed the film that he, Annie Tucker, Valerie Garr and Adam Burke produced. The film included interviews with persons that attended previous White Privilege Conferences. The film documents the reactions of the participants. Baird said that persons in the film talked about getting past the feeling of guilt, becoming responsible for it, understanding White privilege and taking action. The audience engaged in discussion but there was not as much time as a discussion of that topic deserved. Retish added that he wanted to throw in a dissonant view. He has no problem with the concept of white privilege but it creates anxiety in the "group called White" and he does not believe the group called '~Vhite" is homogenous. Secondly, Retish believes that it is more of an economic issue and privilege comes from money and this is equally as important and has as much of an impact as White privilege on people of color and everyone else in the country. Retish hands out the White privilege information in his class but he really would like to see the discussion open up and include the impact of socio-economic status on all persons. Retish agreed, however, that Moore and the panel did a really nice job with the film and the discussion. Townsend thought the presentation was good and their efforts were a good start. Baird expressed an interest in attending the conference on April 30th. YOUTH AWARDS: Beckmann stated that Shank had sent her the five or six nominations submitted so far. Shank expects additional nominations by the end of the week. Witwer took it upon herself to remind teachers of the nomination deadline. Beckmann contacted the principal at Weber and the principal thought the Commission had sent out the Youth Award information too early, (October), and she suggested the information be sent out in January. Retish wondered if the Commission could acquire a master list of all of the schools and youth organizations. The Commission could then ask that the schools and or organizations to nominate one youth or a group of youths. When Witwer recently talked to the principals, she asked, '¥Vho will be the Youth Human Rights Award recipients from (Lemme) elementary." Beckmann reminded everyone that the deadline for the nominations was April 1 and the Commission was sticking to that deadline with no exceptions. KEYNOTE SPEAKER: Beckmann indicated that a keynote speaker had to be chosen that evening or at the May meeting. Beckmann liked the Harkin suggestion but King indicated that a backup would be necessary as Harkin could be called away at the last minute. Shank reminded the Commission that it had always had nonpartisan breakfasts and the time it chose a politician to win the award there was quite the backlash. It wouldn't have been quite so controversial if the award winner hadn't endorsed another candidate at the event. Townsend recommended Charlotte Westerhaus, Director of the Office of Equal Opportunity and Diversity, (formerly Affirmative Action). Retish mentioned that the new director of the U of I Human Rights Center might be a possibility and McCue indicated that the new director was Ken Cmiel, a history professor. Witwer offered that Chivy Sok, the Deputy Director of the U of I Center for Human Rights, moved to California and her replacement is Amy Wisemann. Retish offered Len Sandier a professor at the law school as a possible speaker because of the extraordinary amount of work he has done in the community, especially with persons with disabilities. Townsend added that Sandier won a Human Rights Award last year. Retish also suggested another person that has done a lot of human rights work in the community - Kevin Burt, the musician. Retish said that Burt donates his time for all sorts of causes. Shank added that Burt did a great deal to help promote the Coralville library. He also provides harmonica instruction to the kids in Iowa City and Coralville. Retish said that what he liked about the idea was the fact that Burt was not connected to the University. Beckmann added that another positive factor with Burr as the choice was his recognizable name. Retish said that if he cannot speak, he can break into song. Beckmann offered that she had gone to high school with Kevin in West Waterloo. She thinks he would be great because she knew him then and she knows him now and he is a terrific person. Also people might find it intriguing that a musician was picked as the keynote speaker. Persons that have not come to the Human Rights Breakfast in the past might attend because of Burt. Beckmann asked Shank to contact Burt and if he is unable to attend, she will contact the Commission members so that they will be prepared to pick another speaker during the May meeting. 6. REPORTS OF COMMISSIONERS: McCue: McCue said that it was interesting to watch what happened when the homeless shelter had a fire. The fire escape burned down and the people staying at the shelter couldn't use the second floor. The fire was on a Monday. The insurance, fire and construction people were in the Shelter on Tuesday and it was operational again by Saturday. The religious community provided additional shelter after the four weeks they provided earlier in the winter. King: No Townsend: No Baird: At the U of I Library there is a new group that is concerned with diversity and Baird has attended two workshops, one with Doty Simpson Taylor and the second with Carol Collier. The first was on race and the second was on disability. The workshops were 2 hours in length, really interesting and enjoyable. The Iowa Women's Foundation announced a 4K race entitled "Run like a Mother" that is scheduled for May 7. Witwer: She is still working with the child labor youth group and the kids recently spoke in front of the Council regarding their concerns about the proposed Super Wal-Mart. The Stanley Foundation provided money so that two of their members, Kendra Halter and Spencer Lundquist will be attending the "Leadership Today Conference" from August 7 -14 in Toronto which is run by "Free the children." The Free the Children organization has programs all over the world and they build schools and rehab programs: Witwer believes the youth in the Child Labor Project should be commended for their continued work in this area. The kids are a real benefit to the community and the world. Retish: Retish received an e-mail that there had been some swastikas at Cornell Campus and it happened before break. There are some questions regarding how the College has handled the situation. Secondly, tomorrow night Retish is going to show the film, "Bang, Bang You're Dead" which seemed appropriate given what just happened in Minnesota. If anyone is interested in attending, it is in room 53 at Van Allen Hall at 7:30 p.m. This is the same movie that will be shown by the Commission on May 10. 7. STATUS OF CASES: In the case that went to public hearing earlier this year, the judge's decision is due in May or June. The 2nd public hearing has been scheduled in June and the 3rd public hearing is in the process of being scheduled. Retish stated that Shank came to speak to his class and he recently read the comments. The students found the information fascinating. Retish, however, was amazed at the students' lack of knowledge regarding human rights and what enforcement meant at the local level and what it meant as it related to them. Perhaps the Commission could ask the University of Iowa Human Rights Center if it would encourage U of students to receive an education as to local, state and federal human rights law in addition to international law. 8. ADJOURNMENT: 8:40 p.m. M1NUTES FiN ~All~~ IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, JUNE 27, 2005 - 5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Gary Hagen, Brett Castillo, Bebe Ballantyne, Saul Mekies, James Ehrmann MEMBERS ABSENT: STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Sue Dulek OTHERS PRESENT: Kevin Hoyland, Josh Goding, Kara Logsden, Michael McBride, Liz Preciado, Jon Koebrick, Lee Grassley, RECOMMENDATIONS TO CITY COUNCIl, None at this time. SUMMARY OF DISCUSSION Koebrick introduced Lee Grassley who will be Mediacom's government relations staff for the area. Shaffer reported that the City Council will vote on the third and final reading of the ordinance and the franchise resolution will be July 5. Castillo said that the main issues for some of the Council members is the length of the franchise. One member believes that because technology is changing quickly that the length of the franchise should be shorter. Another member expressed a belief that there wasn't enough "quality for consumers." Shaffer said that he and Don Williams, the City's consultant, met with some of the Councilors prior to the vote. The quality of some of the access channels was mentioned by a Councilor at those meetings. McBride reported that he recently attended a conference of college television stations. Of the 60 division one schools that attended about half were cablecasting on a commercial cable system. Goding reported that PATV would be closed from July 9- 17 during which time they will be hosting a United Action for Youth video camp. Hoyland reported that the school channel has been cablecasting many of the events associated with the end of the school year such as graduations and music concerts. A bid is out for new microphones for the Board Room. Logsden reported that Matt Butler has been hired as the new audio-visual specialist. A multi-channel modulator has been installed. This will enable programs originatied at the library to be cablecast live on any of the access channels. Shaffer referred to the letters from Mediacom in the meeting packet regarding a planned August rate increase in the basic tier and a change in the channel line-up. Shaffer said the rate increase filing has been forwarded to the City's consultant for review. Shaffer also referred to two letters to legislators in Washington DC sent under Mayor Lehman's signature regarding proposed legislation detrimental to the City's interest. Legislation has been proposed that would restrict a municipality's ability to regulate cable TV providers and restrict a municipality from offering broadband service. Shaffer said that the City Channel will be producing a tape providing information regarding cable TV in Iowa City and answer some of the most common questions he hears from the public. APPROVAL OF MINUTES Hagen moved and Ehtmann seconded a motion to approve the corrected May 27, 2005 minutes. The minutes were approved unanimously. ANNOUNCEMENTS OF COMMISSIONERS Mekies said that this was Castillo's last meeting and that Castillo had been a very diligent and hard working Commission members. The City was fortunate to have Castillo on the Commission, particularly during the franchise extension. Hagen said that he had learned a lot from Castillo and that he had done a wonderful job on the Commission. Shaffer said that it had been great to work with Castillo and seconded Mekies's sentiments. SHORT PUBLIC ANNOUNCEMENTS None. MEDIACOM REPORT Koebrick introduced Lee Grassely who will be Mediacom's government relations staff for the area. Koebrick said that Castillo and Smith both were quite willing and easy to work with during the franchise extension. Iowa City, through its Commission and staff is more engaged in cable matters and many cities across the state could learn from Iowa City. REFRANCHISING UPDATE Shaffer reported that the City Council has conducted 2 of 3 reading of the ordinance. The third and final reading and the passing of the franchise resolution will be July 5. At the last City Cotmcil meeting Castillo made a superb presentation on the franchise agreement. Castillo said that the main issues for some of the Council members is the length of the franchise. One member believes that because technology is changing quickly that the length of the franchise should be shorter. Another member expressed a belief that there wasn't enough "quality for consumers." Shaffer said that he and Don Williams, the City's consultant, met with some of the Councilors prior to the vote. The quality of some of the access channels was mentioned by a Councilor at those meetings. CONSUMER ISSUES Shaffer reported receiving 10 complaints. All that could be resolved have been. There were 2 complaints with billing problems, 1 about poor reception, 2 about high rates, 1 requesting CSPAN be placed back on the basic tier, 1 about a subscriber being asked their social security number when requesting information about their service, 1 requesting information be provided to residents on the City's legal authority, how rates are determined etc., 1 about a disconnection taking seven days and having to pay for those seven days, and 1 about being charged for a cable modem when they had their own. Mekies asked about increasing the size of the print on subscriber bills that provide Shaffer's phone number and address. Shaffer said that this had been brought up during refranchising discussions and it was agreed to that at such a point in time that it became possible to do so that an increase in print size would be made. Mediacom uses an outside billing company and to make the change would require changing Mediacom's bills across the United States and involve rewriting the billing software. Mekies said that there might be things the Commission could do to help inform the public that the City can assist with problems. UNIVERSITY OF IOWA REPORT Mike McBride distributed a quarterly programming report. 142 new programs were produced during the last quarter. 22 of those were provided by the athletic department and 60 were co-produced with KSUI/WSUI radio. All 11 of the commencement ceremonies were taped. The number of programs produced has increased significantly. The installation of an automated digital playback system allowed 60-70 hours of staff time to be focused on productions rather than operating playback machines. McBride reported that he recently attended a conference of college television stations. Of the 60 division one schools that attended about half were cablecasting on a commercial cable system. PATVREPORT Goding reported that the Open Channel program will be held Wed., June 29 from 8-9 p.m. The PATV Board will meet on June 21st at 7 p.m. The next Bike-In Theater event will be held Wed., July 6 at 9 pm. PATV will be closed from July 9-17 during which time they will be hosting a United Action for Youth video camp. The next producer's forum will be held August 25 from 7-9 p.m. Hagen said that he recently toured PATV's facilities and found it quite informative and impressive. Hagen recommended other Commissioners tour PATV. SENIOR CENTER REPORT No representative was present IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT Hoyland reported that the school channel has been cablecasting many of the events associated with the end of the school year such as graduations and music concerts. A bid is out for new microphones for the Board Room. The Central Administration Building, which houses the Board Room, may be sold. When a decision is made on a possible sale there will be a better idea on how to proceed with equipment improvements. Superintendent Plugge and Mr. Boldick have been forwarded a copy of the memo written by Hardy regarding costs of equipment upgrades. LEGAL REPORT Dulak reported that interviews for an assistant city attorney will be held soon. When a new attorney is hired staffing assignments will be made and the Commission will have a permanent attorney. L~RARYREPORT Logsden distributed the library channel program schedule. There are three summer reading programs at the library that are being cablecast. 120 adults, 110 teens, and 800 children are participating in the program. A storytelling workshop will be held July 19. Intemet instruction workshops are being taped and will be cablecast on the library channel. Matt Butler has been hired as the new audio-visual specialist. A multi-channel modulator has been installed. This will enable programs originating at the library to be cablecast live on any of the access channels. Policy regarding taping and replaying of public meetings held in the library meeting rooms is being reviewed. Hagen said he recently toured the library's facilities. KIRKWOODREPORT No representative was present. Mekies asked ifKirkwood has any interests in the work of the Commission. Shaffer said that Kirkwood has not had any representatives aftend the Commission meetings since the school district obtained their own channel. MEDIA UNIT Hardy reported that the Community Television Service will be taping a series of lectures regarding sexual abuse in the Catholic Church. A program on sexual assault is being produced sponsored by the Rape Victim Advocacy Program. The program will also be cablecast on University of Iowa's inter- dorm system. The organizers of the Jazz Festival will be working with the CTS to produce a program on the impact of the Jazz Festival on the community. The Media Unit will be cablecasting the Community Development Block Grants award program. The Farmer's Market concerts are being cablecast. Thb number of productions this summer are up compared to past years. CABLE TV ADMINISTRATOR REPORT Shaffer referred to the letters from Mediacom in the meeting packet regarding a planned August rate increase in the basic tier and a change in the channel line-up. Shaffer said the rate increase filing has been forwarded to the City's consultant for review. A letter has been sent to Mediacom requesting additional information. Shaffer also referred to two letters to legislators in Washington DC sent under Mayor Lehman's signature regarding proposed legislation detrimental to the City's interest. Legislation has been proposed that would restrict a municipality's ability to franchise cable TV providers and restrict a municipality from offering broadband service. Also included in the packet is a white paper from the National Cable Television Association regarding de-regulation of the video marketplace. Castillo noted that Verizon has been arguing that franchising requirements will slow their implementation of video delivery technology and has been working to pass legislation to eliminate local franchising. Thus far Verizon has deployed only in areas with selected demographics favoring rich urban neighborhoods. Shaffer said that the survey of rates in Iowa included in the packet has been forwarded to City Council. Shaffer thanked Castillo for the letter we wrote which was published in the Press Citizen. Shaffer noted the letter in the meeting packet from Grande Communications, one of the overbuilders receiving an information packet from the City, and said their polite rejection is typical of the responses received. Mekies asked if Mediacom explained their rationalefor the changes in the channel line-up. Shaffer said the City couldn't require that information. Castillo said that part of the change might be related to a new broadcaster in the area which met the "must-carry" requirement. Mediacom recently announced a national carriage agreement with ESPN- HD, which may have required ESPN be located on a lower channel number. EDUCATION CHANNEL Shaffer said it looks like the school board is starting to look at the possibilities and what is needed to make improvements on the channel. Shaffer said he made a point to view the school board meetings. The Commission may wish to explore approaches to assist the schools in identifying their needs and possible funding mechanisms. TELECOMMUNICATINS COMMISSION PUBLICITY Shaffer said that the City Channel will be producing a tape providing information regarding cable TV in Iowa City and answer some of the most common questions he hears from the public. Mekies suggested trying to get on the local radio talk shows. ACCESS CHANNEL VISITS Mekies agreed to attend the July PATV board meeting and Hagen agreed to attend the August meeting. ADJOURNMENT Hagen moved and Castillo seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:50 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD 01/01/03 to CURRENT Meeting Kimberly Saul Meikes Brett Castillo Terry Smith Jim Pusack Date Thrower 6/2/03 x x x x x 7/28/03 x x x x x 8/25/03 x x x x o/c 9/22/03 x x x x o/c 10/27/03 x x x x o/c 11/24/03 x x o/~c x x 12/15/03 o/c o/__c x x x 1/2/04 x_ o/__9_c x_ x x 1/26/04 x x x x x 2~23~04 x o/_~c x o/__~c x 3/22/04 x x x x x 4/26/04 x x x x O/C 5/24/04 x x O/C x x 6/28/04 x x x o/c x 7/26/04 o/_~c x x_ x x 8/26/04 did not meet did not meet did not meet did not meet did not meet 9/27/04 X X X X X 10/25/04 X X 11/04 Did not meet Did not meet Did not meet Did not Did not meet meet X x x X X ~ 2/20/04 ~/24/05 X X X X X 2/28/05 X X X X Gary Hagen 3/8/05 X X X X X 3/25/05 _x 0 X__ x x 4/25/05 x o/__~c X X X 5/23/05 X o x vacancy X James X x Bebe x Ehrmann Balant,me 6/27/05 X_ x X X X x Michael Chritians 7/25/05 _O _X X X x (X): Present (O) = Absent (O/C) = Absent/Called (Excused) MINUTES APPROVED HISTORIC PRESERVATION COMMISSION JUNE 30, 2005-7:00 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: Michael Gunn, Mark McCallum, Justin Pardekooper, Jim Ponto, Jan Weissmiller, Tim Weitzel MEMBERS ABSENT: Michael Brennan, Richard Carlson, James Enloe STAFF PRESENT: Sunil Terdalkar OTHERS PRESENT: Helen Bu~ord, Kurt Dyer, Kaiser (This refers to the gentleman representing Kaiser Construction; he never gave his name), Michael Maharry, Richard Wayne CALL TO ORDER: Chairperson Weitzel called the meeting to order at 7:03 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ITEMS FOR CONSIDERATION: Certificates of Appropriateness. 503 Melrose Avenue. Weitzel stated that the Commission would defer this item, as requested by the applicant. 946 Iowa Avenue. Terdalkar said that this house is a contributing structure in a conservation district. He said the proposal is to replace the asphalt shingles with vinyl siding and to also use aluminum coil stock to cover the window trim. Kaiser said that he represents Jim Buxton, the owner of the house, and said that Kurt Dyer, who was also present at the meeting, is Buxton's maintenance foreman. Kaiser said this house is on the corner of Iowa Avenue and Evans. He said that it is an eyesore. Kaiser said that the three dormers on the house already have vinyl siding and aluminum soffit, fascia, and gutters, as does the whole upper part of the house. He said he would like to remove the asphalt from the bottom two-story section, insulate it, and put vinyl siding on it. Kaiser said that fiber cement board would cost him about two and one-half times the cost, between material and labor, of his proposal. Weitzel said that it is a common mandate from the Secretary of Interior's Standards to not use vinyl siding. He stated that fiber cement board does allow a house to breathe, whereas vinyl siding collects moisture, contributes to rotting of the structure, and tends to become brittle. Kaiser said that is true if you use cheap materials. Weitzel responded that all vinyl eventually becomes hard and brittle. He said that the longevity of fiber cement board over vinyl siding, as far as he knows, is more. Kaiser said he is looking at it from the viewpoint of the cost to his customer. He said that Buxton has invested money and is trying to improve the house, and he cannot see why the owner should be required to spend $22,000 instead of $9,000. Weitzel said the Commission is charged by City Council and by ordinance to look at the historic nature of properties, to preserve neighborhoods, and to preserve the quality of those structures, and that has a lot to do with whether the Commission will allow synthetic siding. Kaiser said the whole top of the building is already covered with synthetic siding. He said he was at the meeting probably to be turned down so that he could appeal his request to someone else. Kaiser said that vinyl siding is now treated to reflect the ultraviolet light so that it does not become brittle. He said that it comes in 25-foot panels so that there are fewer seams, and it is the only product on the market that has a double lifetime warranty. Michael Maharry asked Kaiser if this is warranted against the rotten wood on the inside of the frame of the house when the moisture sticks inside. Kaiser said that the insulation that he puts on it is breathable. He said that good quality vinyl siding has weep holes in it so Historic Preservation Commission Minutes June 30, 2005 Page 2 that any moisture will drain out of it. Maharry asked Kaiser if he warranties the house or just the plastic. Kaiser said he warranties the product. Weitzel said that because this property is in a conservation district, the applicant can go to the Board of Appeals if this is denied by the Commission. He said the latitude of the Board of Appeals is to determine if the Commission's decision was arbitrary and capricious. MOTION: Ponto moved to approve a certificate of appropriateness for the project at 946 Iowa Avenue, as proposed. McCallum seconded the motion. Gunn said that this discussion regarding siding has been going on for a long time in Iowa City. He said that when the Commission began looking at the guidelines, which took a couple of years to develop, about seven years ago, these issues were discussed over and over at many meetings. Gunn said the guidelines were then written and adopted by the City Council to disallow vinyl siding for contributing structures in conservation districts. He said that in the five years since adoption, it has never been approved on a house, and he will vote against this. Gunn said this is clearly against the guidelines, and he did not think there was a choice. Ponto said that the directive comes down from the Secretary of the Interior Standards, and in this case, it is pretty straightforward. Weissmiller said that if the owner wanted to restore the house in a more historically sympathetic way, perhaps the whole block could be brought back such that one wouldn't necessarily have to rent the house to the people with the least money. She said that in the end, it is actually worth restoring well. Weissmiller said that as the population ages and people drive less, especially with the price of gas going up, they will want to live closer, which would make it a good investment to restore this house well. Weitzel said the Commission may not have a problem with vinyl siding for new construction but can't approve it for historic properties. The motion failed on a vote of 0-6. 14 North Johnson Street. Terdalkar stated that this is a contributing structure in the College Hill Conservation District. He said the proposal is to install two double-hung windows on the garage, using aluminum coil stock to cover the trim for certain wood windows and doors and using vinyl siding for the garage, and replacement of the soffit with aluminum soffit. Dyer said that the house has vinyl siding on it currently. He stated that the house has 28 windows, and 19 of them are wrapped with metal. Dyer said that he also wants to replace two windows in the garage with double hung windows. Weitzel asked about the condition of the current window. Dyer said that it is not decayed, but he would like to get some ventilation in there, because the current window does not have a movable sash. Dyer said the window would be the same size as the current window. He said he would like to use a single-pane wood sash, double hung window. Weitzel said the materials are consistent with the guidelines. He said that the other thing the Commission looks at is style. He referred to a sample of a historically authentic divided light window that is available as a replacement sash. Weitzel said that the swinging door for the hayloft is probably original and asked Dyer what he plans to do with that. Dyer said he would leave it as it is. Kaiser said that he would side up to the edge of the frame and cap the casing. Kaiser said that the house already has 35 to 36 squares of vinyl siding on it. He said it would perhaps take eight square maximum to do the garage, and he would just like to match the house. MOTION: Gunn moved to approve a certificate of appropriateness for the proposed project at 14 North Johnson Street. Ponto seconded the motion. Gunn said that the guidelines are very clear about wrapping the trim and putting on the siding. He said the Commission is not at liberty to say it will enforce them now but is not going to enfome them next time or vice versa. Gunn said that the window, however, may not be a problem. Historic Preservation Commission Minutes June 30, 2005 Page 3 The motion failed on a vote of 0-6. Regarding the sash, Ponto said he was in favor of having some ventilation up there, as long as it looks basically the same, and it is going to be the same size. He said the existing window is broken into four, so that it would be nice to have a double hung and then uprights in there. MOTION: McCallum moved to approve a certificate of appropriateness for replacing the sash with two over two barnstyle, wood double hung windows with a movable sash. Ponto seconded the motion. The motion carried on a vote of 6-0. Gunn suggested that if the applicant wants to appeal the Commission's decision regarding siding, he might want to do some research. He said the appeal isn't about whether or not the Board agrees with the siding decision, it is about whether the Commission's decision was arbitrary or capricious, which is a pretty difficult standard. 328 Governor Street. Dyer said this proposal involves finishing the attic. He said he needs to put a small dormer out for headroom for the stairway. Dyer said that the dormer would be below the chimney. Terdalkar said that this building is a contributing structure in the Lucas Governor Street conservation District. He said the application is for the construction of a dormer with double-hung windows. Dyer said he would like to replace all of the windows in the attic and put an egress window in the dormer out the back. He said that the dormer is about four feet down from the chimney and would probably have about a 6:12 roof. Dyer said it would only extend out two feet. Weitzel asked Dyer if he would change the roof pitch from the first group coming up into a new pitch or continue the same line. Dyer said this would tie into it, and he would not be changing any of the roofline. Weitzel asked Dyer how flexible he is on the design of the dormer. Dyer said that whatever design the Commission recommends would be okay. Weitzel asked Terdalkar if he could come up with an appropriate plan. Gunn said that what is lacking here is a proportional overhang and fascia. Dyer said he could have an architect draw up some plans. Gunn said that Dyer would have to build it with rafters anyway to extend out, so this is about details, not anything major. Pardekooper said this sounds doable, but the Commission needs to see some plans on it. Weitzel said the Commission could give a consensus as to whether or not this is allowed as an idea but would probably ask for further study and design to make it structurally sound and as historically accurate as possible. The consensus of the Commission was to allow the addition of a dormer to this house. Weitzel asked Dyer to work with staff or an architect or contractor of his choice for technical assistance and the design. Dyer said he would also like to replace the windows up there with the same size double hung windows. Weitzel asked if the windows had fixed sashes and if Dyer wanted to add ventilation, and Dyer confirmed this. MOTION: Gunn moved to approve a certificate of appropriateness for the project at 328 South Governor Street, as submitted, with the stipulation that the overhang, trim, and fascia of the dormer be compatible with the existing building, with the dormer to be drawn or approved by staff. Dyer said that the current windows have the boards separating the windows. Weitzel said the Commission would want to see replacement windows that match what is on the house right now. He said that on this age of house, the Commission would probably prefer to see very even rectangles such as two over two or one over one. Weitzel said that the house currently has the Queen Anne windows. Gunn said there are lots of simple double hung windows on the house, and he would not have a problem with a simple double hung window in the dormer. Weitzel said that as simple of a double hung as Dyer can get is probably what he will really want. Dyer said that the egress window is a rollout [casement] window. He said that it is just one pane, but he can get a divider for it. He said that he would get whatever Historic Preservation Commission Minutes June 30, 2005 Page 4 the Commission wants. Weitzel said the Commission wants what will look good and help maintain the value of the home. AMENDMENT TO THE MAIN MOTION: Gunn moved to amend the motion to include a single light egress window with a horizontal dividing bar to make it appear like a double hung window, for the dormer. Ponto seconded the motion. The motion carried on a vote of 6-0. 422 Brown Street. Terdalkar said that this house is a contributing structure in the Brown Street Historic District. He stated that the application is for the installation and replacement of windows, two on the sides of the enclosed porch and a new window on the (kitchen wall) southeast corner of the house. Wayne, the owner of the house, said that he was available to answer questions from the Commission. He said that the design of the proposed window is a casement window. Wayne said that he looked at the . international building code, residential egress requirements. He said he learned that the minimum egress size for a double hung window would be, in rough opening, 66 high by 38 wide, but a casement would be 48 high and 30 wide. Wayne said that there is a small window there now, and this would be a much larger intrusion [opening?]. Wayne said that the clear opening height of the double hung is 26 inches for the minimum sized 66 by 38 rough opening, but for the casement, it is 42 inches. Wayne said that if he had to get out of a window fast, he would much rather get out of a vertical space. He said that because of the appropriateness of the casement window to the purpose, which is egress, the casement window would be the choice. Wayne said that the casement window would also be a smaller intrusion [opening], and also, the casement opens out so that it will bring in a breeze. Wayne said he therefore thought the casement would be a safer egress window. He said this is for an enclosed porch on the main part of the house. Wayne said that the windows in the front are not double hung but are just two windows, one on top of the other and are of leaded glass. He said that the windows in the front don't correspond to any specific architectural style. Wayne said that the house was built in the late 1940s or early 1950s. Weitzel said that even if the Gaslight Village itself is significant, supposing that it is, then the Commission would still want to look at the context and character of that and would want the new windows to match that context. He said that it can be a historic structure without being an architecturally significant one. Weitzel asked if HIS is requiring a window here, and Wayne confirmed this. McCallum said that visually it would be more appealing to have an opening on this porch, versus a blank wall. He said that casement- style windows can be made with a bar in the middle to make them look like double hung windows. Gunn asked if the egress window would be on only one side of the porch. Wayne said there would be an egress window on each side for each bedroom. Gunn asked if it would be possible to put a double hung, of a similar size as those on the front, on each side. He said there would then be six windows that are fairly consistent with the decorative one in the middle. Weitzel said that would architecturally balance out the front facade. Gunn said that there are two paired windows on the front. He said that if Wayne just installed a single one of the same size on each side, maybe set back the same distance from the corner, then there would be some continuity to the porch. Wayne said that a legal egress window with a double hung design would only give a vertical opening of 26 inches, but the casement would give 42 inches, which he thought would be easier to egress from. Weitzel said there is a precedent of what is on the front so that matching that would be the best bet. Wayne said then that where he wanted to put a casement egress, the Commission would like to see him put a double hung egress window matching in size as closely as possible what is on the front. He said that this sounds reasonable. Weitzel said that he thought the Commission could vote on that. Wayne said that the window to be put in the house would be a double hung window in the kitchen, to give it ventilation and light. He said that the top of the window would be level with the top of the big window that is there now, and it would be a double hung window. Weitzel said that typically the Commission would like to match the size and style of the window that is already there. Wayne said that there is no room for something like that and Weitzel agreed. Historic Preservation Commission Minutes June 30,2005 Page 5 Weitzel said that the Commission would look for some way to put the window in there that will be sympathetic to the structure and will make a balance. Gunn suggested widening the existing opening out a little and putting in a pair of double hung windows of the same height. Wayne said that in the inside of the house there is an original archway that he would like to keep. He stated that it would have to be removed to enlarge the present window and make a double window. Weitzel said that a double window can be installed with a wall in between. He said that often a window is located next to a wall and another window next to that, but the spacing is maintained outside to look like a row or pair of windows, while in fact in the intervening space between the windows is actually a full wall. Ponto said that from the outside he would like the idea of the window matching, but from the inside it would be too big and too Iow. Wayne said that he agreed. He said that is why he is trying to maintain the proportions and make it a double hung with matching trim on the inside but just smaller. Wayne said that it has to be above the stove. Weitzel said that the house has been heavily altered, and if it has any significance, it will be under criterion b, not under architectural significance. He said that the Commission will want to maintain the feel of the place through that period of significance. Weitzel said it wouldn't have to be exact but should be something with that character and feel. Wayne suggested something smaller, with the top still matching the top of the existing large window but a little bit more discreet yet in the same s,tyle. MOTION: Gunn moved to approve a certificate of appropriateness for the installation of three windows on the house at 422 Brown Street: two double hung windows to reasonably match the size and trim of the windows on the front porch for the sides of the porch and a double hung window of the same style that exists on the original house to go beside the existing large window with the top of the window at the same level and at least six inches of the original siding visible on either side of the window. Weitzel said that the Commission would want to see the sill with the ears on it, and all of the trim should match the existing but just be on a smaller scale. Ponto seconded the motion. The motion carried on a vote of 6-0. 619 North Johnson Street. Terdalkar said that this is a contributing structure in the Brown Street Historic District. He stated that the proposal is for the demolition of the wood porch stairs and the reconstruction of the stairs with concrete, installation of a wood railing, and the removal of the wood decking on the porch to be replaced with a concrete slab. Terdalkar said that since the application was submitted, he has talked to the applicant, and the applicant is willing to replace everything with wood. He added that no design has been proposed for the railing yet. Weitzel stated that this is a very wide set of stairs. He said that if the applicant will have to build a railing, the Commission could specify that it match the balustrade or be of a simple black pipe design. Gunn said that there is some unusual architecture in this district so that the house could have been built just like this. Terdalkar said that the survey states that the integrated porch was original. Weitzel said it is a simplified Queen Anne so that asymmetry is to be expected. Gunn said it appears to be a fairly straightforward project of adding the balustrade as required by code and running it or a pipe rail down the side of the stairs. He said that doing it all in concrete would be against the guidelines. Gunn suggested that the applicant come back before the Commission with more complete plans. MOTION: Ponto moved to approve a certificate of appropriateness for the concept plan for the project at 619 North Johnson Street and to require that the final plans be approved by staff and the chair. McCallum seconded the motion. The motion carried on a vote of 6-0. MINUTES: Historic Preservation Commission Minutes June 30, 2005 Page 6 June 9, 2005. Weitzel said that on page four in the reference to Mitch Behr, it should include his title of Assistant City Attorney. Ponto stated that on page one in the last paragraph, the first sentence in the motion should read, "...a black pipe hand rail..." He said that on page three, in the second paragraph from the bottom, it should read, "Ponto asked about the status of the Commission pursuing a reduction of the fee..." MOTION: Ponto moved to approve the June 9, 2005 minutes of the Historic Preservation Commission, as revised. Gunn seconded the motion. The motion carried on a vote of 6-0. OTHER: Maharry said that when vinyl burns, it produces cyanide. He stated that one has 15 minutes from when he breathes in cyanide to get the antidote before he dies. Weitzel said that statistically most people die before the smoke gets to them in a vinyl fire. He stated that he is currently working on an article regarding vinyl siding that will eventually be on the website. Ponto distributed a press release that the University put out for the old Hydraulics Lab, which discussed the building being named as a national historic landmark. Maharry said that the building was named through the National Hydraulics Association, not through the National Park Service. Weitzel stated that he and Terdalkar attended a conference in Mason City and heard some great economic incentive talks, although some of it was geared toward revitalization of a vacant downtown. He said that he and Terdalkar would write up a memo summarizing the points of the conference. Weitzel said the Commission has a potential first demolition by neglect coming up at 404 Summit Street. He said that HIS has approached Terdalkar about necessary changes to make the building safe. Weitzel said that the Commission needs to get a firm procedure set up with HIS so that if HIS is going to do something like this, they need to talk to the Commission before telling the owner what to do to the building so that the Commission can review it first. He said the Commission also needs to be thinking about these things so that if the Commission sees something like that, it can act on it and not wait for HIS to do it. Terdalkar said that this action was taken after a complaint was registered. He said that HIS prefers to act after such complaint is filed. Weitzel said the Commission will need to approve exterior changes. Terdalkar said that the property owner has been given information regarding the need for the Commission's approval. Weitzel said that the homeowner will need to apply for exterior repairs, and the Commission will need to act expediently to help the homeowner get this done in a reasonable time frame. Weitzel said that he and Terdalkar took an architectural tour of Mason City. He showed an example of a granite plaque stating what the house is known for and what the style of the structure is, in the sidewalk in front of the house. Weitzel said he and Terdalkar considered putting these in the neighborhoods through the Public Art Program and discussed approaching neighborhoods that are interested in having their key and landmark structures identified with a plaque in the sidewalk. Terdalkar said that if the district name is listed on the plaque and then the boundaries are later changed, that could be a problem with the idea. Weitzel said the Commission needs to get the Design Review Subcommittee going in order to speed up the approval process. He said the Subcommittee would hold informal meetings to iron out details of the applications. Weitzel said that there are currently three members of the subcommittee: Carlson, Gunn, and himself. Gunn said that the ordinance and by-laws are in effect to utilize the subcommittee. Pardekooper said that he would also be interested in serving on the subcommittee. Weitzel said that there is an August deadline for CLG grant applications. He said one possible project for the Commission would be to hire a consultant to look for economic incentives in town and how to establish them locally. Weitzel said that another possibility would be to hire someone to do the neighborhood brochures on the website. He said that someone would have to volunteer to write the grant in the next month if the Commission wants to apply for it. Weitzel said that Kerry McGrath discussed the historic site preservation grant with him. Weitzel said that would be a way to get 50% funding to work on the Montgomery-Butler House. He said that McGrath Historic Preservation Commission Minutes June 30, 2005 Page 7 would get back to him on the current significance of that house, since the porch has been lost and the roof is in bad shape. Weitzel said that this was the last day to submit historic preservation award nominations. He stated that Commission members could nominate a building, a contractor, an outstanding person, or outstanding agency or organization. Weitzel said to inform Burford regarding any nominations. Weitzel said that McCallum wanted to reopen discussion of an incentive zoning proposal for addition to the new zoning code rewrite. McCallum distributed copies of his proposal to Commission members. He stated that the Planning and Zoning Commission is currently getting feedback on its rewrite of the zoning code. McCallum said he looked at different models and came across the Des Moines, Iowa model, from which he took his particular proposal. He said that he is asking for consideration of this idea and, if there is strong enough support, a vote up or down. McCallum said that Des Moines is doing a much more aggressive job with zoning incentives. He said that he proposes this for the multi-family zones only that are either historic districts or conservation districts. McCallum said these areas are primarily rental properties, and the model discusses an owner/occupied live-work model. McCallum said he did not include the residential office zone, because a lot of the proposed changes are already allowed in that zone. He said that this would enhance the area. McCallum said that a lot of landlords opposed the Commission on the North Linn/Gilbert Street District. He said that something like this in place might be helpful in alleviating property owners' concerns that their rights are always being taken away, as this gives them a different option. McCallum said that he is looking for feedback on this proposal. Weitzel said that he discussed this with Bob Miklo, Senior Planner, who felt that the Commission had already reviewed this with staff, and the Commission said that it was not going to propose any changes to the new zoning code. Weitzel asked if Karen Howard had seen the draft proposal. McCallum said that he had just sent her the Des Moines model so far. Weitzel said Howard informed him that the special exceptions applied to any zone and will encompass any kind of dimensional requirements and changes in the new code. McCallum said the other reason for puffing this together in a package and having it endorsed by the Commission is for the Commission to say that it is open and that this is a unique area and to try to identify it as such. Weitzel said that the City does not allow a lot of this in the residential areas right now. McCallum said this would only be for multi-family areas and said that there could be a review process for appropriateness of the uses. McCallum said that this is really what the Planning Department has been advocating for one area of town, the Peninsula. He added that one would have to live in the property to do any of these activities. Burford said that this is a very creative community, and it is encouraging to allow people to own their own home businesses. She said her only question is how some of things would work in terms of the building code. McCallum said that other standards would still apply. Maharry asked if alterations to historic buildings would be allowed. He stated that a lot of buildings would potentially require handicapped ramps. Weitzel said that parking restrictions would also have an effect on what could be done in various zones. Weitzel stated that the Commission will need to decide if it wants to take this up as a cause. Gunn said that he would be willing to look it over and discuss it at the next meeting on July 14th. Ponto said that he likes the idea of a converting a big rooming house back to a single family home with a business. Burford said that this would make more structures eligible for federal tax credits because of the commercial nature of the uses. Historic Preservation Commission Minutes June 30, 2005 Page 8 Weitzel suggested that McCallum also discuss this with the neighborhood associations of the areas he is targeting to get their support. Gunn said that would essentially be College Green and College Hill. McCallum said that in the meantime, he would submit this to the Planning and Zoning Commission under his name. McCallum said that, at his request, the Planning and Zoning Commission changed the language in the amendment to the new zoning code regarding historic structures. He said that for properties on the National Register and local landmarks, giving flexibility for special uses on those specific types of properties, the Planning and Zoning Commission lowered the standard quite significantly by changing the wording "is necessary" to "will help." McCallum said that will give the Board of Adjustment more flexibility in interpreting whether something should go forward or not. ADJOURNMENT: The meeting was adjourned at 9:19 p.m. Minutes submitted by Anne Schulte s:/pcd/minutes/H PC/~OO5H PCminutes/hpcO6-30-O5.doc Historic Preservation Commission Attendance Record 2005 Name Expires 1/8 1/13 2/10 2/15 3/10 4/14 4/28 5/12 5/26 6/2 6/9 6/30 M. Brennan 3/29/08 .................... X X X X X X O R. Carlson 3/29/07 ........ X X X X X X O/E X X O J. Enloe 3/29/06 X X X O O X X O O O O/E O/E M. Gunn 3/29/07 O/E X O/E O/E X X X X X X O/E X M. Maharry 3/29/08 X X X X X X X ................ M. McCallum 3/29/06 X X X X X X O X X X X X J. Pardekooper 3/29/07 O/E X X O O O/E O O O O O X J. Ponto 3/29/07 X X X X X X X X O/E O/E X X A. Smothers 3/29/05 O~E O/E X X X ............................ · I. Weissmiller 3/29/06 O/E O/E O/E O/E O/E O/E O/E O/E O/E X X X T. Weitzel 3/29/08 O/E O/E X X X O/E X X X X X X Key: X - Present 0 : Absent O/E - Absent/Excused NM No Meeting ..... Not a Member MINUTES APPROVED PLANNING AND ZONING COMMISSION MONDAY, JUNE 27, 2005 EMMA J. HARVAT HALL MEMBERS PRESENT: Bob Brooks, Ann Freerks, Elizabeth Koppes, Wally Plahutnik, Terry Smith MEMBERS ABSENT: Don Anciaux, Dean Shannon STAFF PRESENT: Mitch Behr, Karen Howard, Bob Miklo OTHERS PRESENT: Mark McCallum, Susan Futrell, Rebecca Needes, Marc Moen, Jerry Anthony, Jim Throgmorton, Stephen Tret, John Balmer, Larry Svoboda, Mike McLaughlin, Patti Santangelo, Anna Buss, Greg Rocko, Dennis Nowotny, Garry Klein CALL TO ORDER: Chairperson Brooks called the meeting to order at 7:0~1 p.m. PUBLIC HEARING: Brooks said that for the first approximately 30 minutes of the meeting, there would be general comments on items that people did not have a chance to discuss at the previous hearing. He referred to the two handouts for those in attendance. Brooks said that the letter-sized sheets each contain an amendment number relating to the numbering on the legal-sized packet of information. He said that where there is no amendment number, it indicates an area where the Commission did not ask staff to make any revisions in. that section. Brooks said the list of proposed amendments was based on input the Commission received from a series of three public open houses that began on March 3rd. He said the Commission has also held a public hearing, and there have also been a number of opportunities at which he and Howard spoke before various community groups. Brooks said a form was also available on the Planning Department's web page for people to submit their comments in writing. Brooks said staff and the Commission have culled through all of that information and arrived at the issues and areas of concern that are addressed in the legal-sized packet. He said the meeting would last until ~10:00, if necessary, and if there are still people who wish to comment, the public hearing will probably be extended into another meeting. Howard distributed comments and e-mails that had been received since the Commission's informal meeting the previous Monday. Brooks said that until this is voted on by City Council, the public is welcome to comment on any areas of concern. Public hearing: Mark McCallum, 8~11 East Colle.qe Street, said that he is a landlord for a property in the College Green Historic District and is also a member of the Historic Preservation Commission. He said that he sent a proposal last week to Howard regarding what he considers a downzoning move by the City in reducing the number of unrelated occupants in multi-family structures, except for the RM-44 zone. McCallum said he bought his property because it was a very under-utilized property. He said it is a 1920s building with a lot of efficiencies and one-bedrooms. McCallum said that it is a double lot with 33 parking spaces. He said that he is limited to 13 units. McCallum said he did an analysis of his property. He said that under the current zoning, if he wanted to gut his property and redevelop it into 13 five-bedroom units, he could do that, as long as he met the parking requirements. McCallum said it has bothered him that there is no distinction in the zoning code between an efficiency unit and a five-bedroom unit. He said that in the new zoning proposal, there is still no distinction between an efficiency or one-bedroom unit and a four-bedroom unit. McCallum said that when a developer does redevelop a property, he will redevelop it to his maximum use. He said that when one is building four- and five-bedroom units, it is only developing for a certain market niche, which is the college student mix. McCallum said he thought that should be changed so Planning and Zoning Commission Minutes June 27, 2005 Page 2 there are mixed uses in building and mixed densities in sizes so that there is a more balanced rental market out there that would attract elderly, disabled, and urban professionats. McCaltum said he atso did an analysis of handicapped-accessible units on College Street. He said there are over 300 rental permits right now on College Street. McCallum said'there should be special incentives to develop smaller, handicapped-accessible units within the zoning code, because there is only one handicapped accessible one-bedroom unit of the 300 units on College Street. McCallum said he has proposed an incremental zoning model that reduces the land required by 100 square feet for each reduction in bedrooms. He said he is open to other ideas. McCallum said he would like to see some distinction in the zoning code, City-wide, of how we're developing properties. He said that one way would be to express an occupancy load per acre of land in each of the zones and then let the rental market decide the mix of what would occur on the properties. McCallum said he would like to see the inequity n the current zoning code addressed. He said that this is an opportunity to use the zoning code to encourage more diversity in the housing stock, which will create more diversity for different types of people to move closer into town in a more balanced approach. Susan Futrell, 311 Fairchild Street, said that she and her husband own a single-family home in the Gilbert-Linn near northside neighborhood and also a rental property in the Longfellow Neighborhood. She said that she generally supports the overall goals and the revisions of the code. Futrell complimented the City staff and the Commission on the vision of trying to manage the growth in the community. Futrell said that she strongly supports Chapter 2, Section 5 that reduces the maximum occupancy in a number of zones. She said it is a way to address particularly older neighborhoods that can accommodate mixed residential types of uses very well. Futrell said that when the occupancy levels go above what the areas in the neighborhoods were intended to support, all kinds of things suffer. She said she strongly supports the effort overall to reduce maximum occupancy in the areas where it is appropriate. Rebecca Needes, 3341 Rohret Road, said that she is the legislative affairs person and Vice President of the Chamber of Commerce. She said the Chamber has not yet taken an official position, although it plans to do so later this month, but she wanted to raise some concerns that the Chamber has. Needes said the Chamber has a local government affairs committee that looks at issues that come up in Iowa City and the surrounding communities. She said the Chamber goes through a diligent process, involving a task force, a committee, and the Board of Directors, before it takes a position on an issue. Needes said that the Chamber looked at the proposed rewrite in relationship to the commercial sections and the impact the rewrite would have on its members. She said the Chamber also looked at the implications of residential changes with respect to affordable housing. With respect to the commercial development, Needes said the Chamber is hesitant to see changes made that will impact a developer's ability to use the property for its best or highest use of the site, including the five-foot build to the line, parking relegated to the rear of the building, and architectural requirements. Regarding residential affordability, Needes said that the Chamber had some concerns about the increased costs of housing with the limit of zero-lot lines and duplexes to the corner lots in the RS-8 zone. She said that also, the architectural standards that would be mandated, such as width of trim, relationship of the fa(;ade to the placement of the garage, and widths of the eaves, the Chamber feels are best left to the homebuilders and developers. Needes said that the Chamber feels that the market can drive these changes. Needes said the Chamber is hesitant to see changes that may slow growth or move it to other areas outside of Iowa City. She said that, in general, the Chamber feels that the proposed zoning rewrite has become more proscriptive in its tone. Needes stated that mandating provisions really should be left in the hands of the developer and the market. Needes asked if the Commission has had the opportunity to meet with various groups. She said that there are several groups in town who have concerns. Brooks responded that the Commission had a Planning and Zoning Commission Minutes June 27, 2005 Page 3 number of meetings and presentations to different groups and also held the three open houses. He said it has been a learning process for the Commission. Freerks added that everyone had to have that ability to have conversations with the Commission, not just particular groups who might be interested in one monetary reason or one reason over another. She said that is why the Commission has so many ways for people to comment. Freerks said that she did not believe that relegating parking to the back is a change in the code. Howard said that a lot of those standards are already in the code but are in a different place than they are in the draft. Plahutnik stated that reading through the code is onerous, and Needes did it from the viewpoint of how this would affect Chamber of Commerce members. Plahutnik said the Commission's starting point on the Code is not how the Commission can best benefit a particular developer or group of developers or any group of citizens right now, but it is how well it can be shaped to the Comprehensive Plan. He said the Commission is looking 20 years or more ahead to get something that is in the best long-term interest of the community. Needes said she agrees with that but is concerned with the perception that roadblocks are thrown up and things are made more challenging. She said she truly believes in planned growth, but one has to remember that groWth drives the economy and drives the community. Needes said that even though the Chamber of Commerce represents its members, which are primarily businesses, the Chamber also looks at the greater good of the community. She said that the Chamber has pure motives other than just profit or the benefit of some of the developer/members but what it sees as the vision for the community. Marc Moen, 226 Clinton Street, stated that he owns historical property and also developed property in the Central Business District of Iowa City. He said he is concerned about the parking issue in the Central Business District. Moen said that amendment number 36, as he understood it, would make the parking standards under the proposed code even more restrictive than under the existing code. He said it would actually totally prohibit ground level or grade level parking in the Central Business District entirely. Moen said he believed staff's recommendation was to allow some ground level structure parking. Howard said that structure parking refers to it being within the walls of the building. Moen said that a zoning code, which will probably be around for decades, should allow the Board of Adjustment some latitude, particularly for innovative or imaginative projects. He said he is concerned that if the code says there can absolutely not be any parking at grade in the Central Business District, there is no recourse for that. Moen said he has two or three sites downtown to be developed, and his goal is to attract retail downtown. He said that for apartments, the parking could all go underground. He added, however, that to attract retail downtown, some kind of give on the parking issue is critical. Moen said that there is no way he could have attracted a grocery store to Plaza Towers if he had not been able to offer parking. He said that under the proposed code, he does not believe that is something the Board of Adjustment could even consider, because it is parking at grade and is not in a structure and because it allows entry into the parking lot directly off the street and not from an alley. Moen said he is thinking about a project involving everything on the corner of Burlington and Clinton Streets down to West Bank. He said that except for the corner lots, those are extremely deep lots, and the back portion of the lots is not conducive to retail space. Moen said if he is allowed to put parking in the rear so that the whole streetscape is retail, the parking would not be seen, and the question is whether the parking has to be part of the structure. He said he did not have a big problem with that because he would build over that on the second level and above. Moen said, however, that the Board of Adjustment should have some latitude on those things, especially if one wants to encourage retail downtown. Moen said the other concern he has about staff's recommendation is that drivers would have access only from the alley. He said he has had architects and structural engineers look at the site in terms of how to get access realistically for the rear parking, if it is allowed at all, if one has to drive through an alley. Moen said there are garbage trucks using the alley and deliveries to bars and restaurants, and the whole alley is lined with dumpsters. He said that could lock drivers into the alley for half an hour or more. He said that when the entire area is developed, if he tells retailers that there is no parking and no chance of any parking, retailers would not want to locate there. Moen said the Board of Adjustment should have some latitude to have the ability to grant that parking. Planning and Zoning Commission Minutes June 27, 2005 Page 4 Jerry Anthony1 713 Eastman Drive, said he is an architect and urban planner and a five-year resident of Iowa City. He thanked the Commission members and City staff for the tremendous work that has gone into the draft proposal, the opportunities created to engage members of the community in the venture, and the diligence shown in responding to questions and concerns around the proposed zoning ordinance. Anthony said he wanted to draw attention to three general issues. He said the first issue is why the City needs a new zoning ordinance. Anthony said it is needed for the following reasons. He said that in a progressive City such as Iowa City, the citizens of the city, through a deliberative, collaborative, and comprehensive process, come up with a vision of what the community should be. Anthony said the vision is contained in the Comprehensive Plan. He said that once a community has put together a Comprehensive Plan, to implement its vision it uses instruments such as the zoning ordinance, subdivision regulations, and building by-laws, to reach that desired goal. Anthony said the zoning ordinance is a very important tool to help reach that vision. Anthony stated that the Comprehensive Plan was put together in 1997 and 1998. He said the zoning ordinance, the important tool to implement this plan, was adopted in the 1980s or earlier. Anthony said that if the City does not adopt a new ordinance, the City would be trying to implement a vision for the future with instruments from the distant past. Anthony said that he has spent some time reviewing this ordinance and looked for broad general issues, particularly two that he feels are very important for the future of the community: proposals involving architecture and proposals involving affordable housing. He said that ever since the City was incorporated, developers and builders have provided neighborhoods and houses of different sizes, shapes and architectural styles until about the 1980s and 1990s. Anthony said that in the past two or three decades, developers have chosen to build cookie cutter neighborhoods with block upon block of houses indistinguishable from each other. He said that developers respond to these charges by saying that this is what the market wants and so that is what they provide. Anthony said that Iowa City has a hot real estate market, and such markets are sellers' markets; buyers will buy whatever the builders provide. He said that since in recent times builders have chosen to provide row upon row of garages with houses attached, he firmly supports the design guidelines proposed in the new zoning code and hopes the Commission will adopt them. Regarding affordable housing, Anthony stated that Johnson County residents have the greatest difficulty in finding affordable housing of the 99 counties in Iowa. He said that communities that do not have affordable housing and don't care about it embark on the slippery slope to economic decline and soon become unattractive, stagnant places. Anthony said that the average single schoolteacher in the Iowa City School District, or single police officer or firefighter or nurse, cannot afford to buy a home or perhaps even rent a home at a reasonable price in Iowa City. He asked if the City wishes to continue to be a community that has no place for its police officers, schoolteachers, and firefighters. Anthony said that zoning can allow or disallow development of more lower priced housing and even regulate where new lower priced housing can be built. He said that many provisions in the new zoning code are steps in the right direction, for example, allowing mixed developments. Anthony said, however, that the Commission has ignored one of the best methods to increase production of affordable housing: inclusionary zoning, a method that requires developers and builders to produce a certain share of lower priced units in their developments and a method that is time-tested and proven in exemplary communities such as Portland, Oregon and Montgomery County, Maryland. He asked that the Commission look into inclusionary zoning in the days ahead and, as it does, developers who have opposed the proposed ordinance, citing concerns about affordability, would step forward to support inclusionary zoning, for it would address their concerns about affordability. Anthony stated that concerns about housing affordability have been raised by many citizens in the past few months, and Commission staff has recommended a few changes to the proposed ordinance in response to these concerns, particularly items six and seven in the amendments. He said he hoped the Commission would accept staff's recommendations and adopt those changes. Planning and Zoning Commission Minutes June 27, 2005 Page 5 Jim Thro.qmorton, 814 Ronalds, said that he is an Iowa City resident, former member of the City Council, and a member of the Board of Directors for A Thousand.Friends of Iowa, a statewide organization that promotes responsible development in cities throughout the State. He said he has not read the entire document, but he does support the general thrust of what City is trying to do and what could come out of the proposed revision to the zoning code. Throgmorton said he wanted to express his very strong support for the general thrust of the revisions and said that he is in full agreement with the details of what Anthony just said. Throgmorton said he strongly supports Moen's effort to revive retail in the downtown and admires the work Moen has done. He said, however, that there are three large parking structures within a block of Moen's development and asked if something could be worked out there. Throgmorton encouraged Commission members to look at a book by Donald Schupp, a professor at UCLA, called The High Cost of Free Parking. He said that it really provides a lot of wonderful detail and advice about how to incorporate wise parking policies into a development plan. Regarding Needes' comments that developers and builders want to put land to its highest and best use, Throgmorton said it is an interesting idea, and it is certainly right for developers and builders to make reasonable profits out of their land. He said, however, that we live in a democracy, and there are good reasons not to put land to its highest and best use at certain times. Throgmorton said that if that were the case, the entire north side would be apartment buildings. He said it is not simply a matter of what the market wants; it is a matter of what the citizens of Iowa City want in interaction with the market. Throgmorton said that Needes stated it was important not to slow growth or push it outside of Iowa City. He said that pushing it outside of Iowa City is an issue because city limits have a big effect. Throgmorton said that driving up to North Liberty, one sees a lot of cookie cutter development that he does not think very highly of, although people are building it and it has proven successful. He said the real question for Iowa City is a question of quality: what kind of development and where and when. Throgmorton said it is not a matter of opposing growth or development; it is a matter of trying to do what is wise and best for the people of the city. Stephen Tret, 501 East College, said that he is the Director of the Community Mental Health Center for MidEastern Iowa, which owns property on the corner of College and Van Buren. He said he appreciated all the work that the Commission has done and will probably be communicating with some of the Commission members individually.. John Balmer, 10 Princeton Court, said that he was raised in Iowa City on Brown Street. He said he likes Iowa City, including the diversity of the neighborhoods. He said that the zoning code is a massive document, and the Commission has a formidable task in front of it. Balmer said that the Commission will be influenced greatly by staff, which has its own point of view on this. Balmer cautioned the Commission to be careful. He said there has been very good development in the community with a nice mix, including the Longfellow Area, the near North Side, Walnut Ridge, and Windsor Ridge. Balmer said this has been very well thought out, and obviously, times change. He said he did not think we could revert to the days of detached garages and alleys. Balmer said the most recent example of this is the Peninsula Project, which the jury is still out on. Balmer urged the Commission to be cautionary and ask questions as it proceeds in its deliberations. He said he did not feel the City needs the changes, and he agreed with the person who said they are becoming restrictive. Balmer said he would like to see less governmental regulations. He said that beauty is in the eyes of the beholder. Balmer asked the Commission to look at what is proposed versus what we have now and said that what we have now works pretty well. Larry Svoboda, 16 Chen Lane, said that he is a property owner of primarily multi-family housing in Iowa City. He said he believed, in reading through the proposed code, that there had been a change in the requirement for parking in the PRM district from two spaces for a four-bedroom to three spaces. Svoboda said if that is the case, it would be counterproductive to a PRM zone. Svoboda said the PRM zone is a high-density zone that is normally very close in to the central part of the City. He said the whole concept when it was put together was a reduction in parking to make the zone Planning and Zoning Commission Minutes June 27, 2005 Page 6 possible. Svoboda said that most of the lots in the PRM zone are very small to start with so that increasing the parking in effect puts the PRM zone back to an RM-44. Mike McLau,qhlin, 614 Pine Rid,qe Road, said he owns and operates rental property in the near downtown area, primarily houses and condominiums in the RM-12 and RM-20 zones: He said that he objects to the proposed non-related occupancy limits in section five. McLaughlin said he looked at the status of the complaints brought primarily through the Housing & Inspection Services (HIS) and got a printout of that. He said there was a nuisance ordinance passed two to three years ago to get control over disorderly house, noise, parking, trash, and general disruption of neighborhoods. McLaughlin said he received a 30-page document of disorderly house complaints going back to September of 2003 to the present. He said that he understood that the attempt to reduce the non- related occupancy in the 12 and 20 zones is a reaction to complaints of this nature. McLaughlin said that in reviewing the document, it shows that the complaints are pretty well spread across all zones. McLaughlin said his general overall impression from HIS staff and the department head is that he felt things were improving, which is an incongruity from what staff is saying in this proposal. He said, given that, the new non-related occupancy proposal is a fairly drastic change, and there are several other options to use. McLaughlin said the proposal would limit the ~12s and 20s to one less non-related occupant. McLaughlin said he had two concerns with that. He said first that since not all zones are affected, he believes it is unfair, particularly in those areas. McLaughlin said that real estate is still driven by location. He said that landlords and developers in the downtown area will continue to operate as is, whereas any new opportunities in ~12 and 20 zones will be greatly limited by this proposal. Secondly, McLaughlin said this new proposal uses a one-size fits all look at this. He said there are different neighborhoods throughout the City that have different percentages of owner-occupied housing as opposed to rentals. McLaughlin said it would be fairer to look at the pockets of neighborhoods and designate where the Commission wants to preserve those, as opposed to going across the board with everything. McLaughlin said in the areas that are a high percentage of rental, if there is a prospective property that was likely to be converted to rental, it would have done so by now as it came up for sale. He said therefore what is left is probably not desirable as an investment, and this legislation will have little effect on salvaging those minority properties but will create a great deal of non-conforming property. McLaughlin said he is also concerned about the larger developers near downtown continuing to go as is and said the playing field will be tilted significantly. He also said that as there is more and more high- density development downtown, there will problems with downtown, as there are currently, such as alley congestion, not enough parking, more bars, etc. McLaughlin said he would like to see some kind of balance, perhaps using a neighborhood by neighborhood approach as opposed to across the board. Patty Santan,qelo, 3035 Stanford Avenue, said she supports inclusionary zoning. She said that without that, the Greater Iowa City Housing Fellowship would not be in the Peninsula. Brooks said he would like the Commission to begin going through the revisions that staff was asked to make. Amendment 1. Brooks said that amendment number one refers to language to keep existing conforming duplexes in the RS-8 zone conforming. Howard said this is very similar to provisions in the RNC-12 and RNC-20 zones where properties were rezoned. She said it allows properties that were existing when the zoning code was changed to continue to have conforming rights, as long as the density is not increased above what they already had. Howard said this will allow interior lots in the RS-8 zone to remain conforming and to be rebuilt in the event of a fire. Planning and Zoning Commission Minutes June 27, 2005 Page 7 Gre.q Rocko asked what the minimum lot width is in an RS-8 zone today. Howard said that the minimum width is 45 feet. Rocko asked what paragraph C6 in the previous section refers to. Brooks said that it is taken from the full code. Freerks said that this seems like a fair thing to do in looking at the changes that will be made. MOTION: Smith moved to direct staff to incorporate the language in amendment one into the proposed draft. Freerks seconded the motion. The motion carried on a vote of 5-0. Brooks said this vote is not a vote to approve, but simply to direct staff to incorporate the language into the proposed draft. He added that the absence of amendments two and three in the packet show that the Commission decided not to ask staff to prepare any revisions. Amendment 4. Brooks said this refers to dimensional requirements in the single-family residential zones of RS-8 and RS- 12. He said this would change the minimum lot width for detached single-family dwellings from 55 feet to 45 feet. Brooks said that the legal-sized sheet for this amendment says that the minimum lot width may be reduced to 45 feet and the minimum frontage may be reduced to 30 feet if garages or off-street parking areas are located and designed such that they meet the provisions of paragraph C6 of the previous section. Brooks said that paragraph C6 contains garage, driveway, and parking lot location standards. He read, "On lots less than 60 feet in width, garages and off-street parking areas must be located so they do not dominate the streetscape. Alley or private rear lane access will be required unless garages are located flush with or recessed behind the front fa~:ade of the dwelling in a manner that allows the residential portion of the dwelling to predominate along the street. The length of any street-facing garage wall that is visible from the street may not exceed 50% of the length of the street-facing building facade as measured along the same street frontage. On corner lots only one street-facing garage wall must meet this standard." Howard said amendment four is an amendment to the bonus density provisions in the code. She said the developer gets a bonus in the allowed density if he does certain things, and this request opens up RS-8 and RS-~I2 to additional bonuses to the developer if he can find creative ways to place the garage so that it does not dominate the streetscape. Howard said it therefore adds flexibility to the density. Anna Buss, 525 West Benton, said that in regard to RS-8 areas that the Commission wants to change so that duplexes cannot be built on interior lots, this will create a lot of really small houses. She added that detached garages are not really practical in Iowa. Buss said she owns a number of these small lots, and they are currently RS-8 lots. She said it is her impression that if one hooks enough of them together, one can still do a planned overlay development. Miklo confirmed this. Buss said she could then basically bulldoze down her whole block and rebuild it all to a more dense area. She said that she would rather visually see nice duplexes on interior lots than a lot of dinky small houses. Buss said there are a lot of neighborhoods that have some really small lots and small houses on those lots. She said that some of them are not very well kept. Buss said she would rather see them incorporated as a duplex and would like to have the Commission reconsider its option on some of these interior lots, especially on a street like Benton Street, where there is already a traffic problem. She said she does not see the benefit of limiting zero-lot lines and duplexes to only the corner lots. Gre.q Rocko said he now sees that C6 is the alley provision. He said that taking away the interior lots won't allow for the conversion of duplexes to be built as condominiums, which gives a narrow lot to begin with. Rocko said that the Commission is trying to correct a problem that doesn't exist. He said he cannot recall any incidents of people being run down in their neighborhoods by speeding cars backing out of their driveways. Rocko said it is not government's business to design houses for people and to tell people how they should live and how their houses should look. Planning and Zoning Commission Minutes June 27,2005 Page 8 Howard said this amendment is about having a bonus to allow front-loaded garages off the street, if the developer can find creative ways to place the garage so it doesn't take up the majority of the frontage of a narrow lot. MOTION: Freerks moved to direct staff to incorporate the language in amendment four into the proposed draft. Smith seconded the motion. Smith said he thought that most of the comments actually refer to proposed amendment two, rather than amendment four. Freerks said this amendment gives people more options and opportunity without using the planned development, although that can still be done. Plahutnik stated that these bonuses don't necessarily need to apply. He said if someone wants to build anything that is conforming on his lot, he may. Plahutnik said if the builder wants to reduce the width of the lot and have a higher density, that is where these issues come into play. The motion carried on a vote of 5-0. Amendment 10. Brooks said this amendment involves a request to remove section 14-2a-c6-3 on page 18, which states that parking is not permitted in the front building setback with a few listed exceptions. Howard said this is a change to the current code. She said it was pointed out at the first public hearing that, even though the code has not been enforced this way, the language would prevent people from parking more than one car in front of their garages if their houses were built to the front setback line. Howard said this amendment states that one can park up to three cars in front of required parking spaces that are in a garage or outside the front setback. Brooks said this is clearing up a loophole more than anything, as these are non-required spaces. MOTION: Smith moved to direct staff to incorporate the language in amendment ten into the proposed draft. Koppes seconded the motion. The motion carried on a vote of 5-0. Amendment 12. Brooks said this amendment relates to historic preservation exceptions and a request to change the word "necessary" within the Board of Adjustment approval criteria. He said the requester feels this word may be interpreted so strictly that it would make it difficult for most properties to meet the standard. Brooks said staff and the Commission supported this and elected to change the wording to read "will help" instead of "is necessary" throughout the historic preservation exceptions. Mark McCallum said that this is exactly what he was looking for and said that it looks great. MOTION: Koppes moved to direct staff to incorporate the language in amendment twelve into the proposed draft, Freerks seconded the motion. The motion carried on a vote of 5-0. Amendment 13. Brooks said this was a request with regard to maintenance easements required for zero-lot line dwellings. He said it was suggested that such easements be recorded with the subdivision rather than with the deed to the property, and after staff and legal counsel reviewed this, they agreed that this was workable. Behr stated that the revised language is just as enforceable, but there are some circumstances when the easement would not be put on the deed but would be put on the land. MOTION: Smith moved to direct staff to incorporate the language in amendment thirteen into the proposed draft. Plahutnik seconded the motion. The motion carried on a vote of 5-0. Planning and Zoning Commission Minutes June 27,2005 Page 9 Amendment 22. Brooks said this addresses a request to eliminate the provision in the code that restricts buildings to two and one-half stories in the residential office zone. He said there was general support for this, so that it would allow buildings to exceed the two and one-half story height. Brooks said the Commission is still holding with the requirement that where this abuts a single-family residential zone, there has to be a stepping down of the building height so that it isn't an abrupt elevation change. MOTION: Plahutnik moved to direct staff to incorporate the language in amendment twenty-two into the proposed draft. Freerks seconded the motion. The motion carried on a vote of 5-0. Amendment 21. Brooks said that this amendment would change the name of the residential office zone, nO, to a mixed- use zone. Howard said that it was brought up that sometimes the residential office zone is misconstrued just because of the name, and people think it is restricted to residential and office uses. She said that is not the case, as this is a truly mixed zone, allowing multi-family, single-family, retail, and offices. Howard said a better name would be the mixed-use zone, MU, and the zoning map would be amended to indicate the change as well. Dennis Nowotny, 511 Washington Street, stated that his wife suggested this name change. He said he does not like the idea of going from commercial down to residential. Nowotny said that any prospective buyer will look at the zoning, and if it is zoned residential, it just doesn't look good. Nowotny said he likes the idea of something that would be other than residential/office. He said that mixed use sounds pretty good and sounds progressive. Nowotny said there is a quirk in that P-JO goes down to three and then back up to five or whatever it is downtown. He said that maybe it could be evened out in some way. Nowotny said he also liked the idea of getting rid of the two and one-half story thing for close to downtown. MOTION: Freerks moved to direct staff to incorporate the language in amendment twenty-one into the proposed draft. Smith seconded the motion. The motion carried on a vote of 5-0. Amendment 23. Brooks said this relates to a community service shelter and the request to change it back to a special exception in the C1-1 zone. He said this would basically put it back the way it was. He said that in the C1-1 zone, the CC-2 zone, and the CB-10 zone, a community shelter would be moved back to a special exception, rather than a provisional use. Garry Klein, 628 2nd Avenue, said that it would be helpful to define the main difference between a special exception and a provisional use. Brooks said that a special exception has to go before the Board of Adjustment for its review and approval. He said that a provisional use can be approved administratively by staff. Howard said that provisional just means that there are additional provisions that need to be met, based on whatever type of use it is. She said that special exceptions tend to be uses that would fit into a zone but need some extra scrutiny, because they are a little different than the other types of uses that are allowed. Howard said a public hearing is then held before the Board of Adjustment. Brooks said the Commission felt that although there is a need for these types of facilities in the communities, making it a provisional use took away the public's right to voice concerns and have input into the process. Planning and Zoning Commission Minutes June 27, 2005 Page 10 Howard stated that staff drafted language to help the Board of Adjustment review these types of uses. She said there are general standards that the Board uses to review any special exception, and staff drafted specific standards for shelters to give the Board of Adjustment some guidance in reviewing these. Brooks said the language would require the applicant to submit a site plan and a shelter management plan to address issues such as loitering, noise, glare from lights, late-night operations, odors, outdoor storage, and litter. He stated that the management plan must include a litter control plan, a loitering control plan, a plan for on-site security, and a resolution procedure to resolve nuisance issues as they occur. Brooks said the Commission is trying to give the Board of Adjustment some measurements to base its evaluation of the request against. Freerks said that where shelters are provisional, the plan would still be required to be approved by staff. MOTION: Smith moved to direct staff to incorporate the language in amendment twenty-three into the proposed draft. Koppes seconded the motion. Koppes said that with the number of written comments received by the Commission, it is a good move to put this back into the proposed draft. Freerks said that it allows for a public process, The motion carried on a vote of 5-0. Amendment 27. Brooks said this is a request to establish standards in commercial zones for large commercial retailers to keep such developments compatible with the character of the community, to reduce large parking lots, and to provide better pedestrian amenities. He said the Commission has proposed the same standards, with the addition of a definition, requested by a City Council member when this issue was being discussed as it related to the sale or rezoning of property near the Airport. Howard said these standards would apply to all commercial retail uses over 50,000 square feet. Brooks stated that this is the first step toward gaining some control over big box developments. Garry Klein said he has a feeling the more he studies this issue that no matter what is done in terms of beautification, it's like putting lipstick on Frankenstein. He said there are some other standards that could be applied. Klein said he submitted them to Howard for distribution to the Commission. Klein said he brought a big box comparison matrix put together by staff in Madison, Wisconsin in 2004. He said that what is useful about it is the consideration of thresholds and caps for big box development. Klein asked, in a community where we value letting people do what they want to, why would the City want to think about this. He stated that the answer is that these are long-term decisions. Klein said what these ordinances really say is that the City wants to encourage commemial diversity in the community. He said that a lot of communities are getting on board with that idea and ask where their process should interact with the dealings of a normal public land transaction. Klein said that in Dane County, Wisconsin in 2004, it varied from 20,000 square feet to 60,000 square feet where they felt it might be a place to interject a process. He said that Madison just recently put a cap of 100,000 square feet on its development, but it varies by community. Klein said the question really is what is best for a community not only today but into the future. He said he believes in smart development, and it makes sense to think about how you divvy up your land. Klein said the proposed draft in particular does a pretty good job of summarizing the different things to think about as the Commission considers what is best for our community. He said that there is a clear need to address this very important issue in the near future. MOTION: Freerks moved to direct staff to incorporate the language in amendment t~venty-seven into the proposed draft. Plahutnik seconded the motion. The motion carried on a vote of 5-0. Amendment 29. Brooks said this is an amendment would allow stealth cell tower facilities in the neighborhood commercial zones. Planning and Zoning Commission Minutes June27, 2005 Page11 Howard said there was a joint committee from the City and various surrounding towns to coordinate efforts to allow more cell towers and find out what the cell tower providers needed. She said the amendments in the draft were to move in that direction. Howard said that Mr. Lynch suggested that the City open up these kind of changes to the neighborhood commercial zones, because he had looked at areas in the City with neighborhood commercial zoning as areas that perhaps needed more coverage. Howard said this language was suggested by John Yapp, who was on the committee, as language that would help yet still keep limits to make certain the towers are really camouflaged, because those areas are close to residential zones. MOTION: Smith moved to direct staff to incorporate the language in amendment twenty-nine into the proposed draft. Koppes seconded the motion. Freerks said that it is good that there is also a provision about removing the towers at a certain point if they are no longer in use. The motion carried on a vote of 5-0. Amendment 32. Brooks said this change concerns animal-related commercial uses. He said the request is to add language to allow overnight sleeping facilities for staff in a veterinary establishment. Brooks said that under accessory uses, overnight sleeping accommodations have been included. He said these would not be permanent residences but would be a room or space within the veterinary clinic. Brooks said the Commission felt this was reasonable as long as permanent residency within the area was not allowed. Howard said this is not something that is currently disallowed. She stated that this language would just add it to the examples of accessory uses so that it is clear that it is not disallowed. MOTION: Freerks moved to direct staff to incorporate the language in amendment thirty-two into the proposed draft. Plahutnik seconded the motion. The motion carried on a vote of 5-0. Amendment 36. Brooks said this was a request related to maximum parking in the CB-10 zone. He said a concern was expressed about the new approval criteria for private, off-street parking in the CB-10 zone. Brooks said the Commission would like to see some allowance for parking at grade, either within a parking structure or in surface parking lots. Howard said that the Board of Adjustment did not have a lot of guidance, and right now, private off-street parking is not allowed in the CB-10 zone, except by special exception. She said the original language placed in the code was an attempt to give the Board some guidance on when it should be allowed. Howard said that parking downtown is primarily parking for retail, and short-term parking is primarily provided by the City through the short-term parking garages. She said it is a means to control parking downtown and preserve land for building uses downtown and also to protect the City's capital investment in its parking structures. Howard said this language was put in place, but the amendment does provide some opportunity for some structure parking on the ground floor, similar to how it is done in the CB-5 zone. Miklo said the other reason the City regulates the location and supply of parking downtown is for traffic control reasons - to encourage it to be a pedestrian environment by having strict controls as to where the parking is. Howard said that regarding one of the issues that Moen brought up earlier about parking being allowed from an alley versus from the street, the amendment on the second page would allow the Board of Adjustment to approve parking that has access directly to a street but gives some guidance as to when that should be allowed. Mark Moen said he appreciates the effort to allow parking access from the street. Moen said that under paragraph 4-a, the last couple of sentences say that only proposals for long-term parking will be considered, and short-term parking demand should be satisfied through the public parking Planning and Zoning Commission Minutes June 27, 2005 Page 12 system. He stated that Plaza Towers would not have been allowed with this language. Moen said his group's goal for downtown is to try to attract as much business, as much traffic, as much retail space as possible. Moen said that retail business owners have informed him that a limited number of parking spaces is needed for convenience. Freerks asked how those few short-term parking spots would be managed, if they were allowed. Moen said there are electronic systems and surveillance systems available. He said that if required, the grocery store at Plaza Towers will be staffed during all hours of operation. Moen said that at Brewery Square there is an electronically controlled, gated lot that requires a token to exit. Moen said he is concerned that the special exception is limited to long-term parking. He said that the spots are needed for short-term parking. Moen said that parking depends on the type of business one wants to attract. He said that he is not asking that short-term parking be allowed as a matter of course but just wants to ask that the Commission make room for it so that the Board of Adjustment can look at it. Moen said one of the reasons that the retail mix is important is that it drives what goes on upstairs. He said that if this was allowed, it would drive more traffic downtown, which would also protect the City's investment in its ramps. Moen said that a handful of parking spots would make the difference to many tenants as to whether or not they would consider locating in those buildings. Moen said one other thing he would like the Commission to consider is in paragraph 4oe-2 on the second page of amendment 36, where it states that garage openings along the primary street frontage are not permitted if other access is possible. He said that depending on how the word possible is defined, someone on the Board could construe it as meaning that if it is literally possible, you can't do it. Moen suggested the use of the word "feasible" or "practical." Brooks said that Moen is dealing with a fairly substantial piece of property so that he could accommodate some short-term parking in the development if it were allowed. Brooks said that the small stores downtown don't have the ability to accommodate parking within their property. Moen said that on Washington Street, someone can pull up or double park, but that opportunity is not available on Burlington Street. He said that if there is no short-term parking on site at all, it is a huge deterrent to attracting retailers, although it is not a deterrent to attracting bars and restaurants. Smith asked Howard if the intent was to include short-term parking in the provision changes. Howard said that this was drafted with the input of parking management and transportation management staff. She said the idea is that the City gets more revenue from the short-term parking as there is more turnover. Howard said the concept is that the short-term parking was intended to help retailers downtown so that it can be consolidated and be used for all the small retailers downtown. Howard said the Board of Adjustment has had requests for long-term parking for residential. She said the City has been somewhat reluctant, if there is enough demand for the short-term parking, to dedicate the spaces to long-term parking. Howard said that if the last two sentences in paragraph 4a were eliminated, it would allow the Board of Adjustment to consider it on a case by case basis. She said that keeping those two sentences would eliminate the Board's ability to provide private, off-street short-term parking. Smith said that he would support the ability to allow latitude to the Board of Adjustment. He said he would encourage changing the text to remove the second to last sentence and changing the last sentence to read, "Short term parking demand is preferred to be satisfied through the public parking system." Howard said that currently in the code, private off-street parking is allowed by special exception, so that is not changing. She said the difference between the current code and the proposed code is that staff is trying to add some standards to assist in the Board of Adjustment's analysis. The consensus of the Commission was to alter the language under 4-a as recommended by Smith and to change the word "possible" in item 4-e-2 to the word "feasible" throughout the paragraph and to add the word "feasible" in the fourth sentence in that section to read, "If there is no other feasible alternative,..." Planning and Zoning Commission Minutes June 27, 2005 Page 13 MOTION: Smith moved to direct staff to incorporate the language in Amendment thirty-six, as revised, into the proposed draft, Freerks seconded the motion. The motion carried on a vote of 5- Amendment 37. Brooks said this amendment relates to requiring a mitigation plan for wetlands and renaming the section and reordering the provisions sequentially. Howard said staff has made two different proposals. Brooks said one proposal changes the wording to wetland protection, and the alternative proposal includes a definition of the word "mitigation." Howard said that the first proposal changes all the wording. She said it is not a substantive change. Howard referred to a memo from Julie Tallman, which says that changing all of the wording would create some confusion - that the wetlands specialists understand the word "mitigation," and those are the people using the ordinance. Howard said that mitigation is understood to be a process and does not always mean compensatory mitigation but is a range of things. MOTION: Koppes moved to direct staff to leave the language in Amendment thirty-seven as originally proposed and to add the definition of the word "mitigation" and to then incorporate the language and definition into the proposed draft. Freerks seconded the motion. Freerks said that including the definition makes good sense and keeps the ties to the federal regulations and the way that people use the terminology. The motion carried on a vote of 5-0. Amendment 43. Brooks said this amendment relates to archaeological sites and the request that language be clarified to spell out the operational procedure at the State so that there is no confusion or mistake made when determining protections for archaeological sites. He said this request was made by a registered, professional archaeologist. Howard said that amhaeological sites need to be reviewed by both the State Archaeologist and the State Historic Preservation Officer. She added that the State Archaeologist determines whether there is a site, and the State Historic Preservation Officer determines whether it is significant. Howard said that if the City forwards the site plan to both parties at the same time, that will cover what is needed. MOTION: Smith moved to direct staff to include the language in Amendment forty-three in the proposed draft. Plahutnik seconded the motion. The motion carried on a vote of 5-0. Amendment 44. Brooks said this amendment relates to neighborhood open space requirements. Behr said this amendment is a response to some requests to clarify the conditions to be met with respect to the property and the timing of the actual dedication of the land. He said that this is not an actual change in practice; it is just codifying it and making it part of the code. Behr said this would also codify the practice that when fees are paid in lieu of dedicating land, those fees, within the five-year period, have to be spent in the district in which the subdivision is located. He said that the time period was not reduced from five years, because staff felt it would be difficult considering the fact that there is a five-year CIP turnaround. Behr said that the current code allows five years, but if there is not 50% build-out, the period is extended anyway. MOTION: Koppes moved to direct staff to incorporate the language in Amendment forty-four into the proposed draft. Plahutnik seconded the motion. The motion carried on a vote of 5-0. .Amendment 45. Planning and Zoning Commission Minutes June 27, 2005 Page 14 Brooks said this amendment relates to regulations of non-conforming residential occupancy. Howard said this was a request by Mr. McLaughlin. She said McLaughlin was working on a couple of projects for which he had already received building permits but was uncertain whether he would be able to finish them enough to receive a rental permit before this was passed. Howard said that HIS reviewed building permits and things that were ongoing to try to catch most of those, and this should catch any that were already issued a building permit and had already made some progress. Howard said this would grant McLaughlin rights to whatever is on the rental permit or what was granted with the building permit from that time forward. She said it runs with the land and is therefore a substantial right to continue with the occupancy granted with the existing rental permit or a building permit. Howard said this does not concern the use itself but only refers to the number of unrelated people who can live in a building. She said this refers to the number of occupants within each unit, not to the number of units. Miklo said that what this amendment does is allow someone who recently invested money to finish the project and get the rental permit. Koppes said she would like to know, if the building burns down, if there could still be the same number of occupants. Howard said she would check with HIS and get an opinion regarding that occupancy and said that some language could be added if necessary. Mike McLau,qhlin said that he applied for four building permits, and the buildings are framed and roofed and should be completed by September 1. He said that once each building is completed, he has to apply for a change of use for each of the individual properties. McLaughlin said they formerly were three single- family residential properties, and the fourth was a duplex. He said he will basically end up with four duplexes and is going from one use to a different use when the projects are completed. McLaughlin said that after the projects are complete, he will have to go through the process of having a new permit issued under the new usage. McLaughlin said he is asking that any building permit that is granted prior to passage of this proposal be allowed to continue not only along with those building codes but also the current housing codes that are intermingled. Freerks said that is the intent of the language in the amendment. McLaughlin asked why the date for receiving a building permit under this amendment is not extended beyond March 1. Howard stated that staff only wanted to address properties of people who had already been issued the permits and did not want a huge rush on this after the ordinance was already released and everyone knew about it. McLaughlin asked what would happen to someone who applies for a permit in the month of July. Howard said that person would already have notice that this is changing. McLaughlin said that if this is worded that the permit must be applied for by a certain date, someone might be deterred from starting a project, because he would not be certain he could finish it before the passage of this amendment. He asked if this would act as a moratorium. Howard said that the Building Department is part of the staff that has been reviewing and suggesting these changes. She said that the Building Department has fully advised anyone coming in for a building permit since the draft has been issued that if they are applying for a building permit to increase the number of bedrooms with the intention of exceeding what would be allowed in the proposal, then they are doing that at their own risk. McLaughlin asked if this is not therefore enforcing a proposal that has not yet been passed. Howard said it is not enforcing but is just giving fair notice that the zoning code could change. Behr said that whenever someone buys property or gets a building permit, he is subject to the laws changing before he receives an occupancy permit. He said that this amendment would provide a measure of relief to that. Howard added that right now occupancy is not grandfathered in at all so that this will provide some certainty. MOTION: Smith moved to direct staff to incorporate the language in Amendment forty-five into the proposed draft. Koppes seconded the motion. The motion carried on a vote of 5-0. Amendment 48. Planning and Zoning Commission Minutes June 27,2005 Page 15 Brooks said that this amendment relates to performance guarantees. He said the request was to remove this section, and staff concurred that removing this section was acceptable and proposed a change to 14- 51-5C to reference Title 18 of the City Code, Site Plan Review, which includes many of the performance guarantees. Howard said this is placed in the zoning code for ease of use. She said it is the exact plan from the site plan ordinance, which would remain in place. Howard said this would function as a cross-reference. MOTION: Smith moved to direct staff to incorporate the language in Amendment forty-eight into the proposed draft. Koppes seconded the motion. The motion carried on a vote of 5-0. MOTION: Smith moved to accept the correspondence received by the Commission. Freerks seconded the motion. The motion carried on a vote of 5-0. Miklo said there were a couple of requests for additional changes. Brooks asked Commission members if there was a need to hold an additional public hearing. Patti Santanqelo stated that the Greater Iowa City Housing Fellowship plans to meet with some builders. She said they had some questions, but their meeting is not until later. Santangelo said they may want to come back with some things then. Koppes suggested having one more public hearing after the changes are incorporated. She said that at that point, the draft could be forwarded on to the City Council with the new information. Brooks suggested talking about the next steps at the Commission's next work session. He said he would like to keep things moving but did not want to stifle public input. The consensus of the Commission was to put this on the agenda of the next informal meeting to discuss any other revisions or requests that have come in and whether the Commission wants to pursue those and also discuss the timeline for wrapping this up. Public hearing closed. ADJOURNMENT: The meeting was adjourned at 10:09. Minutes submitted by Anne Schulte s:lpcdlminuteslp&zJ2005106-27-O5.doc Iowa City Planning & Zoning Commission Attendance Record 2005 FORMAL MEETING Name Expires 1/6 1/20 2/3 2/17 3/3 3/17 4/7 4/21 515 6/16 6/27 7/6 D. Anciaux 05/06 X X X X X O/E X X X X B. Brooks 05/10 X X X X X X X X X O/E X B. Chait 05/06 X O X X O ........................ A. Freerks 05/08 X X X X X X X X X X X J. Hansen 05/05 X X X X X X O/E 0 ............ E. Koppes 05/07 O/E X X X X X X X X X X W Plahutnik 05/10 ............................... X X X D. Shannon 05/08 X X X O/E O/E X X X O/E X OrE T. Smith 05/06 ................................ X X X INFORMAL MEETING Term Name Expires 1/3 2/14 2/28 3/14 4/4 4/18 5/2 6/13 D. Anciaux 05/06 CW X X O/E X X X X B. Brooks 05/10 CW X X X X X X X B. Chair 05/06 CW X O .................... A. Freerks 05/08 CW X X X O/E X O/E X J. Hansen 05/05 CW X X O/E X O ........ E. Koppes 05/07 CW X X X O~E X X X W Plahutnik 05/10 CW .................... O/E X D. Shannon 05/08 CW O/E O/E X X X X X T. Smith 05/06 ............................ X I I I I I Key: X = Present 0 = Absent O/E = Absent/Excused N/M= No Meeting MINUTES City of Iowa City Civil Service Commission July 26, 2005 - 4:00PM Lobby Conference Room - City Hall Call to Order:. Meeting called to order at 4:02PM. Members Present:. Lyra Dickerson, Bill Cook Members Absent: Dorothy Maher Staff Present: Steve Atkins, Dale Helling, Sylvia Mejia, Sarah Holecek, Karen - Jennings, Andy Rocca _Others Present: Matt Johnson, Mike Brotherton, Paul Batcheller, Jerry Vanni, Mike McWilliams, Frank Gluck, Kevin Wemer, Nick Petersen, Lucia Kim Recommendations to Council: None Approval of Minutes/Consent Calendar: Dickerson noted for the record that Maher was not in attendance because she was out of the country. The first item of business was certification of the hiring list for the position of Police Chief. At Dickerson's request, Mejia summarized the hiring process for the Commission. The hiring process was approved by the Civil Service Commission on March 22, 2005. The position was advertised in a variety of publications and websites with an application deadline of May 27, 2005. Sixty-seven resumes were received and six candidates were chosen for interviews. One candidate withdrew after the interview was scheduled but before it was conducted and one withdrew after the interview was conducted. Candidates were interviewed by two interview teams. One team included the City Manager, the Chair of the Civil Service Commission, the Fire Chief, and the Personnel Administrator. The second team included the Assistant City Manager, the Parking and Transit Director, the City Clerk, and the City Attorney. The two teams met upon the conclusion of the interviews and the consensus of the combined group was to name Samuel Hargadine as the candidate for certification. Hargadine's resume showing his qualifications was entered as an addendum to the minutes. Mejia also noted that Hargadine was given the MMPI (Minnesota Multiphasic Personality Inventory) and successfully completed the POST (Police Officer Selection Test) test required by the Iowa Law Enforcement Academy, was subjected to an extensive reference check process and provided evidence of a physical examination. Mejia presented the hiring list to the Commission. Cook moved to certify the list, Dickerson seconded, and motion was carded. Mejia noted that the next step in the process was for the list to be given to the City Manager. The City Manager will appoint the Chief from the list and the appointment will be presented to City Council for approval. There was no old business. There was no new business. Cook moved to adjourn, Dickerson seconded and the meeting was adjourned. Board/Commission: Civil Service Commission ATTENDANCE RECORD YEAR 2005 (Meeting Date) TERM NAME EXPIRES 03~22~05 7~26~2005 Lyra Dickerson 4/3/06 × × Dorothy Maher 4/7/08 × O/E Bill Cook 4/6/09 × X KEY: X = Present O -- Absent O/E = Absent/Excused NM = No Meeting --- = Not a Member Samuel E. Hargadine iEaptain of Police Columbia Police Department City of Columbia, Missouri · 23+ years as a Police Officer - Current assignment as Assistant to Chief of Police Randall Boehm · U.S. Army 1976 - 79 as Military Police Officer · Education: BS Criminal Justice, Central' Missouri State MPA Masters Public Administration, University of Missouri School of Police Command, Northwestern University · Professional Assignments: Strategic planning, grants, project management Supervised computer operations Crisis negotiation team Chair- Police Officer's Retirement Board Supervised personnel recruitment Investigations Sergeant · Family: Son, freshman at University of Missouri · Memberships: Missouri Police Chiefs Association International Police Chiefs Association National Tactical Officers Association International Association of Internal Affairs Investigators · Columbia Missouri - located in central Missouri with a population of 90,000. Columbia Police Department has 144 sworn personnel and $15 million budget. Home of University of Missouri. · Community: Rotary Club of Columbia Metro-Board of Directors Columbia Area United Way - 2004 Allocation Panel CiTY OF IOWA CiTY 410 East washington Street Iowa City, Iowa 52240-~826 (319) 356-5000 (319) 356-5009 FAX July 26, 2005 www.~cgov.org TO: The Honorable Mayor and the City Council RE: Civil Service Certified List - Police Chief We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named person as eligible for the position of Police Chief. Samuel E. Hargadine IOWA CITY CIVIL SERVICE COMMISSION Dickerson, Chair William Cook Dorothy Maher A'rl'EST: ~rr, City Clerk