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HomeMy WebLinkAbout2000-01-04 Bd Comm minutes o.~ -o4~o HOUSING AND COMMUNITY DEVELOPMENT COMMISSION ~, L. _ THURSDAY, NOVEMBER 18, 1999 CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Dan Coleman, Denita Gadson, Bob Elliott, Rick House, Jayne Moraski, Lucia-Mai Page, Gretchen Schmuch, Bill Stewart MEMBERS ABSENT: Kathleen Renquist STAFF PRESENT: Doug Boothroy, Maggie Grosvenor, Steve Long, and Steve Nasby OTHERS PRESENT: Maryann Dennis, Charlie Eastham, Crissy Canganelli, Kevin McCarthy, and Brian Wulf CALL TO ORDER: Chairperson Moraski called the meeting to order at 6:35 p.m. CONSIDERATION OF MINUTES FROM OCTOBER 21, 1999: The minutes were reviewed. Motion: Stewart moved to approve the October 21, 1999 meeting minutes as submitted. Elliott seconded the motion. The motion was carried by a vote of 7-0. REVIEW OF APPLICATION FROM THE EMERGENCY HOUSING PROJECT: Canganelli explained that she completed an application to replace a commercial grade refrigerator for the Emergency Housing Project (EHP). Due to the immediate nature of the need for a new refrigerator, EHP had purchased a new refrigerator with other funds. Therefore, they were requesting CDBG funds from the contingency (administration and planning) account to reimburse them for that expense. MOTION: Stewart moved to approve a grant to the EHP for $2,038.60 for the purchase of a refrigerator. Coleman seconded the motion. The motion was carried by a vote of 7-0. PUBLIC/MEMBER DISCUSSION OF ITEMS NOT ON THE AGENDA: Boothroy said that an article about University of Iowa Family Housing was included in members' meeting packets. (The article discussed how a possible renovation of University Apartments would increase rental rates.) He said that he wished to confirm with City staff that the community could potentially lose 749 affordable housing units in the near future. He asked if Long or Nasby could offer any insight on the immediacy or likelihood of this and if there was anything the Housing and Community Development Commission (HCDC) could do to keep those apartments affordable. Long and Nasby had not heard anything other than what was included in the article. Moraski said that she and Coleman would be interested in drafting a letter about this concern as a subcommittee and presenting it to the whole group at the next meeting. Coleman said that he also wanted to comment on the article about mixed-income housing. He said that it seemed really interesting because of the experiences described and noted that the program seemed successful in a lot of places. Moraski thanked City staff for placing these types of articles in members' packets because it can be difficult to keep up with this information. Housing and Community Development Commission November 18, 1999 Page 2 REVIEW OF APPLICATIONS FOR THE SOUTH POINTE LOTS: Two applications were received, one from the Greater Iowa City Housing Fellowship (GICHF) and one from the Iowa City Housing Authority (ICHA). Because the applications were similar, Moraski asked for a brief summary of the proposed plan from each applicant. Grosvenor, of the Iowa City Housing Authority, said that they modeled the application after a currep,t home ownership progm, m. She said that they previously built and sold three homes but this one would be of different construction. The home would be sold to low- to moderate- income persons who secure their own 1 ,t mortgage. The applicant would secure the highest 1 ,t mortgage and the Iowa City Housing Authority then finances a silent 2"d mortgage to facilitate the homeowner. Boothroy, also of the Iowa City Housing Authority, talked about what makes the project different. The home will be energy-efficient and use resources that do not deplete the environment. He said that they wanted to start the construction as soon as possible in order to showcase the home at the Parade of Homes. Schmuch asked about the design and why they proposed to have the garage extended up front rather than an entry porch. Boothroy said that they are not locked into that design for both lots but they are far along on this one. Coleman commented that the City has been promoting neo- urban design principles that would not have the garage out front as the dominant feature. Grosvenor noted that it is a very narrow lot and they do not have an alley. Booth roy said that the garage creates only a 6-foot extension and by the time a five-foot planting is completed in front of the bedroom wing, the perception will be that it is almost flush. Stewart said the point is that this is opposite what the City has been promoting. Booth roy said they understand but that it is difficult to do with this type of lot. Stewart said that is exactly what other people have been trying to tell the Council. Grosvenor said that it might be done with much more expense; however, they are trying to make this an affordable house. Elliott commented that someone previously came before them with a plan for low-income apartments. However, the City wanted them to make the building more expensive so that they could hide the garage. He said that he is glad to see this proposal, and the next time the City proposes that garages be hid, he will bring this up. Elliott asked what the Iowa City Housing Authority is asking for. Booth roy explained that they want to build two houses and are asking for the two lots. One house plan was submitted for one of the lots. The same plan will not work on both lots. Stewart said that the math on .the application did not add up. Grosvenor said that she would find out the correct answer, but noted that they were not asking for funds, just the lots. She said that they should keep in mind that the cost of the home was a projected cost. However, she said that they should go by the higher cost on the application. Moraski said that the HCDC would focus on the cost not to exceed $124,700 as listed on the application and use that as the basis for understanding. She also asked about the timeline for the second house. Booth roy said that they do not know that yet because the goal is to get the first one started in December so that it can be ready for the Parade of Homes. Page asked what the ICHA would do if they only received one lot. Grosvenor said that they would then build only one house. Schmuch asked if there would be an economy of savings by building both homes at the same time. Boothroy said that the saving would be marginal because the same house plan cannot be used and there would be different construction materials. Housing and Community Development Commission November 18, 1999 Page 3 Moraski asked how the ICHA could be discussing this with the neighborhood if they already have a lot design picked out. One of the concerns was that the neighborhood wanted to have input on the design of the house. Boothroy said that they will meet with the neighbors and that they do not believe that this design will be a problem because the roof pitch, the quality of the construction, and the design are typical of the area and not out of character. He said there are some adjustments they could make in tweaking the design of the front of the house. Having housing in character with the area was a concern. He said that this house design has been used in the south side and he thinks it is as attractive as any other plan in the neighborhood. Elliott asked for clarification that the cost of the homes would be no more than $124,700, the houses would be sold to individuals, and the assistance would be in helping people with the down payment. Boothroy said that they would carry a second mortgage on the homes, which, in effect, would help because the down payment would be less. Moraski asked for an explanation of what happens when the homeowner wants to sell. Grosvenor explained that the homeowner does not gain full equity for 15 years in order to prevent them from selling the house after a few years and gaining a windfall profit. Boothroy said that the second mortgage also has language dealing with City involvement in the resale of the property. He said the goal is to keep the property affordable for as long as possible, but not penalize the homeowner forever. Elliott asked if there was a reason for 15 years because that seems like a relatively shod time for the homeowner to buy a home with an assisted down payment and then earn a profit. Boothroy said that the 15 years is arbitrary but it is a figure that works and is a model that was used in the past by the City. Moraski said 15 years is actually a relatively long time for someone to stay in a home. City staff commented that the average length of time in a home in Iowa City is less than the national average. Elliott clarified that there is another application for the same lots. Maryann Dennis, Director of the Greater Iowa City Housing Fellowship (GICHF), said that their proposal is to use $36,000 to purchase the land. They would then incorporate two houses into their Community Land Trust Program. The total cost for land and construction is estimated to be $120,063 per unit. City HOIME funds would be used for land acquisition only; a pdvate construction loan would pay for the construction and would be repaid upon the sale of improvements to the land. As part of the Community Land Trust Program, GICHF maintains ownership of the land in order to lower the cost to the buyer and ensure its affordability over time. The buyer will enter into a 99-year land lease. She said that Fannie Mae has approved the land lease and the appraisal requirements. This allows pdvate lenders to sell the mortgages on the secondary markets. Qualified buyers may benefit from down payment assistance and the mortgage credit certificate that would be available from other sources not tied in any way to the Community Land Trust Program. A mortgage credit certificate and down payment assistance does increase a buyer's debt capacity. However, the buyers of these homes will have to qualify and attain their own private mortgage. There is no silent second mortgage. The only public subsidy that would be used is the $36,000 for the two lots. Dennis said that they would try to sell the houses for $105,000 or less. GICHF takes a minimal developer fee in order to make the houses affordable for mortgage-qualified income target buyers. There were no plans attached to the proposal because they wished to discuss the project with the South Pointe neighborhood association. The plans would be approved by the neighborhood association in conjunction with GICHF and the housing advisory committee of GICHF. They have sold three houses under this program and are constructing four additional houses. She added that GICHF is in partnership with the homebuilders, the school district and Housing and Community Development Commission November 18, 1999 Page 4 the local lenders to build houses with the local high school students and there is some interest in using a lot for construction by students dudng the next school year. Stewart asked what the minimal development fee is. Dennis said that it would be two percent. She added that she brought a copy of the ground lease for commissioners to review if they wished. Elliott asked about the resident's ability to resell the house. Dennis said ,that if the resident lives in the home for nine years or more, they will receive 100 percent of the profit from the home. She noted that they never sell the land. The next buyer must be income targeted. If the owner cannot find a buyer, GICHF will buy the improvements to the land with the price determined by an independent appraisal and then sell the home. The property cannot be used as rental property. Elliott asked for information on the makeup of the GICHF and what the record is for the houses changing hands. Dennis said that GICHF is a nonprofit corporation (501C3). There is a Board of Directors and 19 members. Fifteen of the members are local congregations; four are other local nonprofits. GICHF has sold three houses and the first buyers are still living there. Dennis said that in other parts of the country the sales have been successful. Moraski asked if there was a negative impression of the student-built houses because she heard a comment while touring South Pointe. Dennis said that had not been their experience. The South Pointe Neighborhood Association has expressed concern about the three homes the GICHF is currently building. However, she believes the GICHF can allay their concerns if they continue to work with the Association. Dennis said that with the Community Land Trust, two purposes are served for the overall community to increase affordable housing. 1 .) It reduces the cost to the buyer because they are not paying for the land. 2.) It ensures affordability over time because the land is never sold and is therefore removed from the speculative market. Schmuch asked about the public subsidy. Schmuch noted that for either project they would be putting in the money for the land. She questioned whether the money for the ICHA silent second mortgage used public or pdvate funds. Boothroy said that the money for the construction of the houses or the purchase of the houses was a federal grant to the City. Once the houses are sold, it becomes the ICHA's money. Basically, it starts as public federal money as a grant but then becomes private with the sale of the houses. The purpose is to target a lower income group. Dennis said that the buyers of the GICHF home must qualify for approximately 95-97 percent of the purchase price on their own with a lender. Coleman said that the amount needed to qualify seemed fairly close for either program because of the lower housing cost. (Gadson arrived at 7:08 p.m.) Elliott asked if the HCDC could have a few minutes to compare the two applications. Schmuch asked what the timeline is for the GICHF. Dennis said that there is no timeline, particularly since one of the homes may be student built next year. Boothroy stated that the reason the ICHA is interested in the Parade of Homes is because they would like to highlight affordable housing and energy-efficient construction. He said it is an opportunity to show what can be done with a different type of construction. Housing and Community Development Commission November 18, 1999 Page 5 Brian Wulf of the South Pointe neighborhood said that the neighborhood is currently working on creating an association. He commented that he does not know who made the comment about the student-built home but believes that it is of better construction than most of the houses. He said some of their concerns are with having different .builders in the neighborhood. They had previously asked about the lots and received differing answers. In addition, the neighborhood was surprised when a house was moved on to a lot because the neighborhood believed that there were covenants against moving a structure on to the site. He added that the GICHF did not work with the neighborhood on the p,'evious houses although he had called and the neighborhood had asked for input on changes to the homes. He said it is a little late now to be working with the neighborhood and that some of the affordable houses seem to stand out in a negative way. Wulf said that the neighborhood is now interested in buying one of these lots for green space to be owned and maintained by the association. If the availability is there, people in the neighborhood would be willing to pool their funds to buy the lot. Up to this point, they believed that this would not be possible. Stewart asked how many "low-income" or "subsidized" houses were already in the neighborhood. Charlie Eastham of the GICHF said that he would not call these "low-income" housing. Long said that the cost is comparable to the other homes in the neighborhood which were sold at $135,000. Stewart asked about the neighborhood's concern with the construction of the homes. Wulf agreed that the construction is similar; however, because most of the homes are two-story, the rooflines of the GICHF homes have a roofline that is lower than the roofline of the existing houses' garages. Roof pitch is a major concern because the houses are so low compared to the rest of the homes. Moraski asked for Commission discussion after listening to speakers from the ICHA, the GICHF, and the neighborhood. Coleman said that he would make a motion to move the discussion forward. MOTION: Coleman moved to give the lots to the Greater Iowa City Housing Fellowship (GICHF) because of the longer-term affordability and because the purchase price of the homes would be less expensive even after the public subsidy in the form of a second mortgage. Schmuch seconded the motion. Stewart asked what commissioners thought about selling one lot back to the neighborhood. Coleman asked why the neighborhood could not buy a lot from the realty company that has other lots for sale. Page asked if it would be too simplistic to give one lot to the ICHA and one lot to the GICHF. Schmuch agreed and noted that there is not a big economy of scale. Page said that the proposals seem similar. Moraski said that the proposals do not seem similar in terms of the housing remaining affordable for 99 years with the GICHF as compared to 15 with the ICHA. She said that if the goal of the Commission is to provide affordable housing for Iowa City, then they should try to provide it for as long as possible. Coleman said that the neighborhood's idea for a park would delay this decision because the Commission may wish to speak with the Parks and Recreation Commission. Stewart disagreed and said that they would just sell the land to the neighborhood. Coleman said that they are in the business of meeting the needs of the community and if they were not meeting the needs of the community by creating affordable housing, they may then want to look at what the other Housing and Community Development Commission November 18, 1999 Page 6 needs of the neighborhood are. He said even if the land is privately owned they would need to look at that with what the Commission's priorities are. Stewart commented that the HCDC would be getting its money back in this case and the neighborhood wants the lot because of its location. He added that he has concerns about the concentration of .housing in an area. He thinks that by considering the neighborhood's offer it shows that they have listened to the neighborhood. This will let the residents map their neig!lborhood and he does not see a problem if the neighborhood wants to come up with the cash for the lot. He said that he would also like to see the GICHF work with the neighborhood on the previous homes Wulf mentioned. Dennis said that the GICHF would. Moraski said that they should talk about the priorities of the Commission as Coleman had suggested. She said that for this commission, parkland is not as high a priority as affordable housing or home ownership for families. Stewart commented that they would not be providing a subsidy. Moraski said that they would, however, be taking away an affordable housing opportunity. Elliott said that he has a bias towards not having a city entity involved in this and would rather have an independent non-profit organization involved rather than a city agency. He asked other commission members for their opinion on his bias and whether it was fair. Coleman said that all things being equal, he agrees with Elliott. Grosvenor asked to comment and noted that these are federal dollars, not city dollars. The Iowa City Housing Authority is just under the umbrella of the City but everything is paid for +federally. Coleman said that these two lots are not the ICHA's only opportunity to get the federal funding. He said that the ICHA could get federal funding to do something else and the HCDC could give the GICHF the opportunity for placing affordable housing on these lots. Grosvenor said that this is the only opportunity if they want to showcase an energy-efficient affordable house during the Parade of Homes. Boothroy pointed out that he has been involved in building 33 houses using pdvate contractors and subcontractors. He said the money has all gone into the local economy, and to say that the City's involvement somehow circumvents that process is completely off base. He said that the ICHA facilitates the opportunity for home ownership, just as the GICHF does. Elliot asked if Booth roy and Grosvenor were City employees. Boothroy and Grosvenor responded that the City employs them but paid by federal dollars. There are no local dollars involved. Elliott reiterated that he likes the idea of minimal City involvement. He said he may be off base and he is concerned about that. Boothroy stated that Elliott's argument is like saying that the previous 33 houses should not have happened. Elliott disagreed and said that the ICHA filled a need; however, he would have been in favor of a nonprofit independent organization performing those services. Boothroy stated that the ICHA accomplished nine homeownership projects in one year. He said that they can get the project done and make it affordable. Dennis said that she was part of this Commission years ago and this is the only time she has ever remembered two entities (one public and one pdvate) that are trying to compete for lots. She said that both groups are impassioned about these two lots and it is unfortunate that this has happened. She said that she is not going to "fight" with the ICHA over these two lots because that would be ridiculous. Dennis noted that the GICHF has a good track record too. Housing and Community Development Commission November 18, 1999 Page 7 Boothroy said that he has a problem with the stigma that the City somehow is a second-class citizen in this situation. Moraski said that there is not a question of capadty for either the ICHA or the GICHF and the Commission will not be arguing that. Elliott said that he feels badly because the situation puts the two groups in a competitive position and the Commission is being asked to make a decision that he feels very uncomfortable making. Elliott added that he has recognized his bias but does not know how fair or unfair it is. , Coleman stated that his motion does not presume any difference in capacity on the part of the applicant. He is just looking at the difference in long-term affordability. Eastham said that if there is another lot available that is for sale in the neighborhood, the GICHF could switch lots with the South Pointe homeowners' association if the association wished to buy it. Moraski said that is fine to say but the Commission has to base their decision on the applications presented. Stewart asked if anyone else on the Commission wished to sell a lot back to the neighborhood. Schmuch said that unlike the Orchard neighborhood where they had years of history of a lack of green space (as mentioned in CITY STEPS), green space does not seem to be as much of a priority. Moraski said that all of the south side has a deficit of green space but this neighborhood is near a planned trail system. Schmuch said that it now sounded like there were three proposals on the table and she would be uncomfortable with this. She said that if the neighborhood wants to buy the land, the Commission would need a proposal from the neighborhood with a budget, etc. because that is what everyone else has to do. Elliott asked again if one lot could go to each organization. He said it might seem too simplistic. Moraski reviewed the motion and reiterated that although the two applications are similar, the GICHF has a 99-year affordability. If that is the Commission's objective, then that is what she would favor. Boothroy said that the ICHA came up with 15 years because of the practical matter of how soon houses are sold to a new owner. When the home is purchased, the 15 years starts over with the new owner. Therefore, it is likely that the housing will stay affordable for a long time. Dennis stated that in the GICHF proposal, the resident would receive 100 percent equity after 9 years but with the ICHA's proposal, the owner has to reside at the house for 15 years to enjoy the full benefit. She said that not only does the GICHF have an extended period of affordability, the initial buyer can more quickly enjoy the full benefits of being a homeowner. Elliott said that if he felt both parties would be reasonably pleased with one lot and if there was enough support from others on the Commission, he would vote against the motion. Commissioners agreed to go ahead and vote. The motion to give both lots to the GICHF was carried by a vote of 5-3. (Elliott, Page and House opposed.) IOWa CiTY HOUSING AUTHORITY UPDATE: Grosvenor gave the Commission up-to-date statistics on items and issues concerning the Housing Voucher Choice Program (formerly Section 8) and public housing. She said that they currently have 1,077 Section 8 Vouchers (87 percent are occupied), two special purpose grants Housing and Community Development Commission November 18, 1999 Page 8 of 100 vouchers for persons with disabilities and 100 vouchers for families with children at risk of being separated. She said there are approximately 30 vouchers left on the disability plan and 90 vouchers available on the Family Unification Program. Public Housing is 96 percent occupied; of 101 units, 4 are vacant with one pending. She said there is a short paragraph in the information provided to the Commission on the new FamilySelf-Sufficiency (FSS) program. She was pleased to say that their new coordinator hired only four months ago has brought the FSS program from 11 enrolled to 87 enrolled. She said there are 347 people on the waiting list, of which 40 have been invited to a briefing and 100 have been contacted to determine their eligibility. She also presented the Commission with a copy of a new publication called The Housing Window that is sent to service agencies. Moraski asked if 87 percent was lower than normal for the Section 8 vouchers. Grosvenor said that they would be 100 percent occupied except for the two new special purpose grants that have not even been in existence for a year. Elliott asked if Grosvenor would tell them more about families in danger of separation. Grosvenor said that a special grant is used in conjunction with the Department of Human Services. There have to be children involved that are at risk of being separated. Elliott asked if this was a priority. Grosvenor said that if any of the people on the waiting list fall into this category, they would immediately be helped. REVIEW OF THE FY01 ALLOCATION PROCESS: Discussion of HCDC Confidentiality Issues Moraski said that at the previous meeting, members had agreed to put off a discussion of the ranking sheet and confidentiality issues until more members were in attendance. Coleman asked if all members had a chance to read his memo. In the memo, Coleman stated that he did not see the advantages of anonymity with project rankings because: commissioners need information about one another's viewpoint; the Commission needs to be accountable; applicants need to understand the HCDC process; and applicants should be able to share their expertise to provide additional insight on a project. Stewart said that he agreed with the memo. Moraski asked if they needed to make a motion. Nasby said that the Commission did not. This was just the way they had always done it and was not something that had been voted on. Nasby said that he talked with the United Way folks about their ranking sheets. They do not rank things according to numbers like the HCDC, but instead place items in quadrants. They do not publish the scores. Stewart said' that he had a problem with it because with confidentiality, it was obvious when a member was abstaining. Elliott said that he was not in favor of confidentiality because if someone rates something low or very high he would like to know who it is. Commissioners agreed that they were comfortable with identifying names along with the ratings. Coleman suggested two additions to the ranking sheet under Impact Benefit specifically for Housing. One would be for long-term affordability with a range of points and the other would be a criterion for achieving neighborhood balance. It would be a rating and City staff would need some way of advising the HCDC in the different planning zones of affordable housing so that the Commission could balance affordable housing in all parts of the City. Moraski said that she did not disagree, but the ranking sheet is for everyone, not just housing. Everyone needs to receive the same amount of points. Nasby said that there is a question in the application that asks if the project is affordable for a longer term than required by the regulations. There is also a question on the application about how the project fits in with the Comprehensive Plan and the goals of the Comprehensive Plan. Housing and Community Development Commission November 18, 1999 Page 9 He said that the questions could be made more specific in the application. He added that if a change were made to the ranking sheet, the Commission would need to have the approval of the Council. Applications would be available to the public before the approval of the Council could be received in January. Coleman said that this would not necessarily have an impact on the application. Nasby said he thought it might because staff generally includes the ranking sheet with the application packet. Elliott asked if the Commission had decided that numbers were indications and not determinations. Commissioners agreed that it is a guide. Moraski said that she did not want to rush to a decision on changing the ranking sheets. Stewart suggested that they leave the ranking sheet as is and as they work on the rankings, think about whether the changes would work in the future. Moraski said that, at a minimum, these are things they should be discussing. Coleman said that they currently do not receive information on the second idea about neighborhood balance. Nasby said they currently have the information by school district. Coleman said that they would then need to look at the need by school district and work out some way of evaluating this. Coleman added that if they placed this under Impact Benefit and still made 25 points the maximum for that category, housing projects would have another way of getting closer to the total of 25 but would not actually get more points than other projects. He asked that the Commission bring this up during the discussion while evaluating projects and talk about this again during the spring. MONITORING REPORTS: Salvation Army - Moraski said that she talked with Capt. Deon Oliver. They have spent one- third of the money that the HCDC gave them on a new kitchen facility for the evening meal program and a laundry and shower room for the day shelter. New refrigerators have been purchased and the rest of the equipment was due to be in by December 10th, She said that the new building looks nice and that this is part one of three phases for renovations to this building. Once the kitchen is finished, they will start on the laundry facility. Approximately 12 people use the day shelter each day and 45 to 70 people are served during the evening meal. Community Mental Health Center- Facility Rehab. - Schmuch said that due to the great weather, the Center has spent $35,798 of the $49,565 allocation. They have already installed 51 storm windows and painted half of the house. ISED - Microenterprise Training - Stewart provided commissioners with an eight-page report. He summarized that they have not completed the goal of providing two training sessions but are ahead in the number of clients enrolled. He summarized the numbers and said that a complete breakdown is in the report. Coldren Retirement Residence - Rehab. - Renquist was not in attendance so there was no report. ESA - Small Repair Program - Elliott said that the Elderly Services Agency requested and received $28,000, of which $12,300 has been spent so far. He received an itemized report but summarized that the funds were spent on repairs to homes in order to allow elderly people or persons with disabilities to stay in their homes longer. (:In some cases, institutionalization would have been necessary.) HACAP - Transitional Housing Acquisition - Stewart handed out a report and said he suspects that HACAP has spent nearly all of its funds. He said that for this project there were 8 units HACAP was going to buy. Seven units are finished and one was nearly finished. The project is essentially done. He added that they were able to acquire units in different parts of the City. Housing and Community Development Commission November 18, 1999 Page 10 OLD BUSINESS: Discussion and Recommendation of 2001 - 2006 CITY STEPS Nasby said that there would be a public hearing on November 23'~ on the draft of CITY STEPS. The public comment period would be finished December 5th. He thanked the Priorities and Strategies folks who assisted. Elliott asked if City staff could summarize any major changes. , Nasby said that Youth Services went up and Elderly Services went down. However, elderly housing only went down because 89% of the units that the City should have by 2005 are already under construction. Elderly housing did not receive a low priority because it is not needed; rather, the need is being or will be met. Schmuch asked if the City had received any public comment about the CITY STEPS document. Nasby said that they had not. NEW BUSINESS: Nasby distributed a copy of a letter for some lots that the Commission had decided on. He reported that they are still in the process of closing. Long' said that Habitat for Humanity has finished up the third of four houses for which they received funding. The dedication would be November 21, 1999. In addition, he reported that a business has just opened downtown by a graduate of SBDC's Microenterprise Training. The training was funded by the CDBG. ADJOURN: MOTION: Elliott moved to adjourn the meeting. Stewart seconded the motion. The motion was carried by a vote of 8-0. The meeting was adjourned at 8:20 p.m. Minutes submitted by Wendy Ladve. ppdcdbg\HCDC111899.doc MINUTES IOWA CITY AIRPORT COMMISSION THURSDAY NOVEMBER 11~ 1999 - 5:45 P.M. IOWA CITY TRANSIT FACILITY MEMBERS PRESENT: Pat Foster, Rick Mascari, Howard Heran, Mark Anderson STAFF PRESENT: Dennis Mitchell, Ron O'Neil CALL TO ORDER: Chairperson Mascari called the meeting to order at 5:45 p.m. APPROVAL OF MINUTES: The minutes of the October 14, 1999, Commission meeting were approved as submitted. AUTHORIZATION OF EXPENDITURES: Anderson made a motion to approve the bills. Foster seconded the motion and the bills were approved 4 - 0. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: No items were presented ITEMS FOR DISCUSSION/ACTION: a. ACSG project: O'Noil circulated a summary Grog Bridger had sent to him. The offer has been made on the Dane parcel. The appraisal is being updated on the Ruppert parcel. There is an offer made for an easement for the railroad in the RW 12 RPZ and an offer has been made on the Gringer property. Mary HitchcocK representing the Ruppert family, said the appraiser had contacted her. b. Airport Master Plan update: O'Neil said he met with Dennis Mitchell, MMS Consultants, Melody Rockwell, Tom Bender and Jerry Searle on November 5, 1999, to discuss how the North Commercial area could be designed to maximize income and meet all the requirements of the updated Master Plan. He said Seade presented information to MMS, which should allow them to ~nalize a plat for Planning & Zoning. O'Neil said the Commission needed to act on the contract with Snyder & Associates. Mitchell has been working on the contract and has completed a final contract agreeable to Snyder. Anderson made a motion for a resolution to accept the contract with Snyder and Associates. Foster seconded the motion and at roll call vote, the motion passed 4 - 0, with Bender being absent. O'Neil said Clapsaddle-Garber Associates, Snydor's subcontractor, is working on the updated ALP. c. North Commercial area: O 'Neil presented the Commission with two possible routes for the road through the NCA. After discussing the alternatives, the Commission selected the route that went further to the south. O 'Neil said he would contact MMS and let them know which route the Commission preferred. O'Neil said it would be more economical to mitigate the wetlands somewhere else on Airport property rather than use up development property for wetland mitigation. Seade will work with MMS to determine how much wetlands needs to be created and where. Jim Larew, representing the Science Center, said he met with Jerry Seade and explained what the Science Center has planned for the area in the NCA. He said everything the Science Center has planned would be compatible with what the Commission has envisioned for the NCA. d. Airport Terminal Building project: Maury Cohen, from HLM, gave a general update of the project. Cohen distributed drawings of the layout for the walkway/deck for the south end of the building. He said the emergency exit stairs for the second floor had to be redesigned. The drawings are completed but he did not have updated prices. He would provide those costs to O'Neil as soon as they are available. He brought examples of fumiture for the Commission to decide what types and colors of fumiture they wanted for the second floor conference room and the first floor lobby. The Commission selected the styles and design of fumimre they wanted. Cohen will put together a list of the fumiture and get bids. O 'Neil reminded Cohen that the furniture would have to be within budget because the contingency part of the budget was almost used up and it was important that the project be completed at or under budget. Cohen said he thought most of the issues from the renovation have been resolved. There will be some additional expense with the elevator. O'Neil said the elevator doors would be here December 10a. It will take two weeks to install the elevator. This should not delay anything else in the project. e. Fuel tank site: O'Neil said he, Foster and Bender met with representatives from PS Air and Iowa City Flying Service to discuss a new fuel tank site. He said that the Commission has indicated that the sixty plus year-old fuel farm will have to be removed at the end of the ICFS lease in December of 2001. It currently meets the standards for clean-up insurance and the tanks, as required by law, are insured. Foster said it was not discussed who would remove the old fuel farm. That issue needs to be resolved before the end of ICFS's lease. ICFS said they would be interested in participating in the project as long as the fuel tanks were above ground tanks. They would not be interested in any participation if the fuel farm was underground. ICFS would like to discuss a new lease, starting in 2002. They said they would need time to recover their investment. ICFS has asked the Commission for a proposal for participating in the new fuel tank system. The Commission will put together a proposal and this will be an agenda item at the December Commission meeting. O'Neil said partial funding for a new fuel site may be possible from the IDOT through the Vertical Infrastructure Fund. This is a fund that issues grants on a 70/30 split, with the State paying 70%, with a maximum of $ 50,000 per airport. Mascari suggested ICFS contribute to the site preparation, as well as provide the tanks. O 'Neil said all these issues are important and should be addressed in the proposal to ICFS. Anderson said he supports installing a new fuel farm but would like to go on record as being against above ground tanks. f. Fly Iowa 2001: Anderson circulated a copy of the application he prepared on behalf of the Airport Commission. The Commission has been selected as one of three finalists to make a presentation to the Aviation Promotion Committee. The presentation is scheduled for December 10, 1999, at 10:15 a.m. in Ankeny. There was discussion on what type of presentation to make, who should make it, and who should participate. O 'Neil said he was on the Aviation Promotion Committee for several years and he said it is important to show community involvement. It could be combined with other community events. Anderson said he discussed the event with the EAA and they suggested having a Young Eagles event. Anderson suggested a meeting next week to plan the presentation. A meeting is scheduled for November 15 at 6:00 p.m. CHAIRPERSON'S REPORT: Mascari noted the new control access gate is being installed. This will keep unauthorized vehicles from driving out on the airside of the Airport. Mascari said he was contacted by SERTOMA and they wanted to know if they could temporarily use some storage space in the United hangar. They wanted to build an 8' by 20' room to store some of their materials they use for their annual breakfast. The consensus of the Commission was that it would not be a problem if the Airport Manager did not have a problem with it. Access would be limited to two or three times a year. Heran said now might be the time to set a policy on letting non-aviation groups use Airport property. O'Neil said that although ICFS is no longer leasing the hangar, he had been contacted by a couple of people that are looking for aircraft storage space. This would be the number one priority. O 'Neil reminded the Commission that they had discussed setting a date to have the United hangar removed. This will be discussed at a future Commission meeting. Mascari said that the Council discussed Runway 17/35 at their work session on November 8c". The final outcome was that the Council would not expect the Commission to make a decision on closing the runway until the improvements for Runway 06/24, as listed in the Master Plan, were completed. This would be several years in the future. O'Neil said the Mayor had suggested a Letter of Understanding to clarify the Council discussion. O'Neil suggested that the language be incorporated in the Master Plan update. Both the Council and the Commission would know exactly where the information was. COMMISSION MEMBERS' REPORTS: Anderson distributed a drawing of paint scheme for the rotating beacon tower. It is the same as the FAA Advisory Circular except for the railing around the top. O'Neil will send a copy to the IDOT to see if it is acceptable. Anderson is working on the specifications. When they are completed, the project can go out for bid. ADMINISTRATIVE REPORT: O'Neil said a meeting is scheduled for November 16, 1999, at 12:00 p.m. to review the bids for the SW T-hangar building. The bids are due at 2:30 p.m. on November 15, 1999. The Commission had discussed developing the two commercial lots bordering on Riverside Drive, south of the entrance drive. The Commission directed O'Neil to put this project on an agenda in the future. O 'Nell collected the information he had sent to the Commission concerning a five-year plan. He said it would be beneficial to have a five-year plan, especially as it relates to grant applications and other capital improvements. Lisa Dewey, manager for SEATS, would like to know if the Commission would be interested in extending the lease for the United office space. The Commission told O 'Neil to discuss with SEATS what type of extension they were interested in. SET NEXT MEETING: The next regular Airport Commission meeting is scheduled for December 9, 1999, at 5:45 p.m. ADJOURNMENT: The meeting was adjourned at 8:04 p.m. Rick Mascari, Chairperson MINUTES IOWA CITY BOARD OF APPEALS MONDAY, NOVEMBER 8, 1999, 4:30 PM IOWA CITY MAIN LOBBY CONFERENCE ROOM MEMBERS PRESENT: Anna Buss, Gary Haman, Robert Carlson, Tim Fehr, Wayne Maas, John Roffman MEMBERS ABSENT: Tom Werderitsch STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Gary Klinefelter (Housing Inspector), Bob Shaver (Housing Inspector), Roger Jensen (Fire Marshall), Dennis Mitchell (Asst. City Attorney), Doug Boothroy (Director, HIS) OTHERS PRESENT: Tom Martin CALL TO ORDER: Chairperson Carlson called the meeting to order at 4:40 p.m. CONSIDERATION OF MINUTES: Meeting. minutes from were reviewed from the October 4, 1999, meeting. Roffman motioned to approve with a second by Buss. Motion carried by a 6-0 vote. APPEAL REQUEST OF NOTICE OF HOUSING CODE VIOLATION: REQUEST A VARIANCE FROM HOUSING CODE SECTIONS 14-5E-17-F.1.f and 14-5E-19-A.1.b. Hear and Appeal of the building inspector's interpretation of the Building Code. Request for use of alternate materials or methods of construction. (223 South Johnson Street) Inspector Klinefelter introduced Tom Martin as the property owner and Bob Shaver, the staff person inspecting the property. Klinefelter stated the first issue is the fire separation for a central heating facility. The property is a five-unit building that includes a dwelling unit in the basement. In the basement there is a central forced air furnace and a central water heater. In the attached correspondence, Klinefelter referenced that the issue was previously addressed in 1966, 1968, and 1976. The issue is a central heating facility that it is required to have fire separation because of the nature of the fuel burning equipment. The furnace is 288K BTU output and approximately 75K BTU for the water heater. The potential hazard associated with the fuel- burning unit requires fire separation around it from the rest of the unit. Klinefelter then went on to say that if that in connection with the fire separation combustion air will be required to be brought in from the outside. The second issue before the Board is that the unit in the basement lacks escape and rescue windows. Klinefelter stated that, in his opinion, this is the most important issue. Maas asked Martin if the building had five units when Martin bought it in 1967. Martin confirmed it was. Martin also said when he bought it, it had been cited. The former owners, the Lindley's, did not advise him of this. He replaced the furnace on his own a number of years ago. In a letter dated July 27, 1976 from the City of Iowa City, Martin notes that he was given the option of enclosing the furnace or providing a sprinkler system. Martin did put in the sprinkler system to comply. He also said that fire extinguishers, a carbon monoxide alarm and smoke detectors are all in place. The building passed housing inspection according to his records in 1985, 1987, 1989, 1991, 1993, 1995 and 1997. He said that it had even passed for a few days in 1999 when Inspector Shaver inspected the property on January 20, 1999. Martin said that Shaver told him Iowa City Board of Appeals Minutes November 8, 1999 Page 2 that the building passed along with two other properties that Martin owns. The following day Martin received a call from Inspector Shaver stating that he wanted to talk about some issues. He requested to re-inspect the Johnson property and found the violations that are before the Board today. Martin said that he is proud to offer affordable, reasonable housing. In this basement unit a young man lives where he uses one of the rooms along the alleyway as a computer room. However, he does sleep on the left as a person would go down the stairs. This is about six feet from the door. The bed could be moved across the hall. Martin said he would be willing to change the railing and add a window if deemed necessary. Klinefelter commented that in the 1976 letter it was required that the sprinkler system be added, In 1977 this was approved by Inspector David Malone. Klinefelter's understanding of sprinklers is that they can substitute for a portion on one-hour fire resistant construction. He has seen many times where there is ducting that does not allow complete walls to the ceiling. In these cases sprinklers are used in combination with this. Klinefelter then stated that in the past there have been cases where inspections were passed and approved fraudulently. For example, in a fraternity a person inspecting for the fire department approved house fire alarm systems as being present, but it did not. Martin then took exception with this kind of statement when he is before the Board appealing. He does not want any reference of this type made in his case. Carlson then stated that the Board takes the position that no matter what the past history has been, if the situation that exists creates a real hazard it does need to be corrected. Carlson then asked if there is a door to the furnace room. Martin clarified that there are sprinklers all around the furnace area. There are windows in place as well. Carlson then questioned the fire department's position on the issue. Fire Marshall Jensen stated that it is important to have adequate exiting. Part of the reason for having a rescue window is that the typical way out may be blocked. Buss suggested that if the bed was moved and a window installed the problem could be fixed. Inspector Shaver noted that the apartment is listed as a two-bedroom unit. Martin said that he would classify it as a one-bedroom unit as they do prefer single people. Fehr inquired about getting combustion air into the area. Martin said that no additional holes could be put into the walls, as it would compromise the integrity of the structural foundation. Klinefelter then reiterated that the enclosure is only in place because of the size of the equipment in the area. In 1994 the building code said that a central heating facility had to be separated if there was an aggregate or individual BTU of 400,000 or larger. Now BTU size is not an issue, but if there is a central heating facility now it requires separation. Carbon monoxide is not an issue. Carlson then asked Fire Marshall Jensen about the sprinklers around the furnace. Jensen responded by saying that not enclosing the furnace with a one-hour wall could not be construed as anything but hindering the life and fire safety of the person living there. Buss said it would be difficult to do the wall because of the rafters, pipes and electrical wires. Klinefelter said that is why the sprinkler system is used in combination with one-hour Iowa City Board of Appeals Minutes November 8, 1999 Page 3 construction. It allows you to obtain adequate fire protection where it is very difficult to install gypsum board, such as a ceiling, to cover that area with sprinkling. Shaver then explained that there is 2x4 construction with 5/8th gypsum board on the exterior. There is nothing on the interior so the studs are exposed. There are two openings on the front of the enclosure. These openings concern him. Haman said that there needs to be 180 sq. inches for 363 BTUs if combustionable air would be put in. Martin then said there would need to be two 14"x14" holes somewhere. He was concerned there could be lighting and ventilation issues in inspections in the future. Carlson noted that predecessors on the Board waived requirements for light and ventilation in this unit. This would not be an issue. Haman suggested that vents come in from the one window and make a box that would run across. One would have to be high and one low. This could be split as it goes in. Buss stated that no matter what is done in the area it will be extremely difficult. Roffman commented that whether making the adjustments is hard to do or not people are living in the unit and there is a fire safety issue. It has been cited two or three other times previously and there are gaps in information. It has not met standards and the bottom line is that there are people living there while there are safety issues. Technically no one should be living there. Buss said it has passed a number of years; while Carlson noted that continuing mistakes do not make the situation correct. Buss then went on to say that this is the issue that comes up every time and there are other properties that have the same issue. Carlson then reminded the Board that it is not their place to design solutions. He said that there are ways to get ventilation air into the space. The questions are does the furnace room need to be enclosed and does it need to provide an egress window out of the bedroom? Buss said if the bedroom was moved and a window added the problem would be solved. Klinefeiter said the unit would be documented as a one-bedroom unit. Carlson noted it comes down to requiring the furnace to be enclosed and allow the sprinkler system to offset the requirement for the one-hour enclosure. Roffman commented that there is still a problem that if the fire flashes over to the kitchen there would be no egress other than past the furnace. Buss made the motion that one window be installed to meet the fire department's approval on the west side of the house and that the designation by the city will be made to make the apartment a one-bedroom unit. The bedroom would then be moved across the hall. Carlson seconded the motion. Attorney Mitchell suggested that Martin would have to agree to the re-designation of the apartment as a one-bedroom unit. Martin did agree to this. The motion passed on a 6-0 vote. Roffman made the motion that the furnace is required to be separated with the one-hour fire material. The understanding is that this is not obtainable and some adjustment will have to be made to meet the requirements. Carlson seconded the motion. Roll call vote was taken. Iowa City Board of Appeals Minutes November 8, 1999 Page 4 Carlson-Yes Fehr-Yes Roffman-Yes Buss-No Maas-Yes Haman-Yes The vote passed on a 5-1 vote. Carlson then apologized to Martin, as a citizen of the community, that the city staff have made mistakes in past inspections and approval of this. If there was some way to rectify the past it would be done. It may not be fair, but the Board believes that safe living conditions need to be provided to tenants. Carlson then questioned the timeframe for getting this completed. Klinefelter said that it is the heating season and this puts a little more pressure to resolve the matter. Martin said the occupant lives in the unit full-time. Buss said that this decision could be appealed to city council. However, Attorney Mitchell corrected her to say that it would have to be appealed to district court. Martin said that this will take a lot time and money to do. He said he has already complied and now the city wants more done. He will need to think about this and sometime this needs to stop. Sometime things will need to be grandfathered in. The easy way is to take this action because of the concerns stated. In every inspection something else has to be done. Martin indicated that he will need a year due to the expense and difficulty of the project. He said it all comes about because he got unlucky. Roffman asked when the lease renewed. Martin said when he wants to renew it has nothing to do with this discussion. All his leases are August 1 to July 31. This tenant has been with him for three years. He expects him to stay, as it is affordable, clean, safe housing. Carlson determined that the time period would be left up to staff. Buss suggested that he have as long to repair the problem as it was overlooked and Martin said he did not think time is of the essence on this one. OTHER BUSINESS Discussion of the Board's recommendation to City Council concerning the development of a comprehensive checklist for housing inspections. Boothroy began by saying that a checklist has been put together in the past to deal with things that are routinely inspected. This was developed in response to the city council by staff and the housing service quality committee. This committee which included representatives of apa~ment owners association that meets on a quarterly basis to provide feedback to staff on issues such as this one. He went on to say that one of the things that staff routinely deals with is situations like the one just addressed by the Board. Checklists do not resolve problems of the past. The department is very cognizant that consisting of accurate inspections in ongoing priority. One way this is addressed is by the checklists. The inspectors are aware of what they are supposed to inspect and any inspection issues are discussed at regular staff meetings. Training is also in place. Boothroy went on to say that the system is not fool proof. He said inspectors are human and some are better than others and mistakes are made. There is no way to completely resolve inspection inconsistency due in part to the human factor. However, inspection consistency is a high priority and the department is constantly seeking ways to improve this area. He proposed Iowa City Board of Appeals Minutes November 8, 1999 Page 5 in the budget use of field computers that will improve inspection consisting by lists for building and housing code providing standardized inspection. The use of hand-held computers pre- defined list of violations would be another step in addressing this issue. Boothroy noted that ten years ago the knowledge and expertise of inspector was much lower than it is today. Unfortunately, mistakes were being made in the field. This legacy will be dealt with for a long time, but as the years go by these issues are being resolved as they come up. Buss then commented that she was at a meeting in Des Moines a couple of weeks ago at the State Landlord's Convention group. The meeting consisted of many landlords from the State of Iowa. One of the topics of discussion was housing inspections. It appears that Iowa City is in the minority when it comes to the city's types of housing inspections. It seems that a lot of the other communities literally inspect for health and safety. Buss went on to say when she presented the book that was developed from some of the quarterly meetings, nobody in the group could believe that Iowa City has the type of inspections that take place. It seems that as the years go by it is more difficult for the managers and owners to pass the inspections. They get more and more detailed every year. She inquired where things like peeling paint on the exterior of a house becomes a health and safety issue or where not having enough trees on a property becomes a health and safety issue or where a garage that is on a property that is not allowed to be used by tenants is a health and safety issue. Buss went on to say that she does agree with Martin on one of his statements that landlords finally need to say this is enough. On one hand Iowa City wants affordable housing and on the other hand landlords are pumping a lot of money into their properties. Boothroy said these some questions were addressed three or four years ago the apartment owners, Housing Quality Committee, and the council. Basically it was agreed use of housing inspectors is an efficient and economical way to enforce various City codes. There is no sense in sending out two or three inspectors to do what one inspector can do. As far a peeling paint the council felt that it is important that neighborhoods are maintained. It is not a health and safety issue. It is a matter of dealing with the quality of a neighborhood. Booth roy went on to say that one thing that Klinefelter should address is that inspection notices are not as extensive as in the past. They are not citing as much as was done five or six years ago. There is a shod form that is used for citing and a lot properties receive this. Klinefelter stated that the majority of the violations that go out are on the short form. Boothroy said when he first came to the city in 1983 letters of violations were often several pages in length. Today, by comparison rental properties are better maintained, in. better condition, and resulted in fewer citations. Buss made the scenario that if she lived in a house and the paint is falling off the exterior of the house and she moves out and a tenant moves in nothing has changes. However, it is all of a sudden not safe. So, tenants allegedly have to be safer than owners. Klinefelter said that this is not a safety issue, but a maintenance issue. Clearly, the housing code has considerable portions relating to maintenance issues. In the scenario that Buss presented Klinefelter said that a change does take place. An owner occupied house versus a rental house does have a difference. One is a business when it is a rental and owner occupied homes are not. Klinefelter went on to say that there will be complaints about housing conditions whether it is owner occupied or rental. In the housing code it applies to all housing in Iowa City. He said that the city seldom deals with it for owner occupied privately. If housing quality standards are dropped to a lower standard and staff can not do anything about it would result in lowering the community standard. In his opinion the housing stock in this city is some of the best in the state. Iowa City Board of Appeals Minutes November 8, 1999 Page 6 Carlson commented on the Johnson Street issue saying that what he can not understand is that in 1966 and 1968 it was clearly defined as to what needed to be done. All of a sudden it changed. Boothroy explained that at that time code enforcement was weak to non-existent. Buss then asked about a condo unit building where there are twelve units in the building with six being owner occupied and six not owner occupied. She inquired if the six owner occupied would be inspected to the exact letter that the rental units are inspected. Klinefelter stated they would not be inspected the same. Boothroy said that was a political decision made by council at the time the housing code was amended to require inspection of condominiums. Buss said of course it was because the council knew that the owners would be in screaming. Buss said she has a problem with this discrepancy. Boothroy said checklists were created to improve quality of inspections the code appears to be black and white, but when applied in the field there are often nuances that require interpretation. The inspector makes every effort to meet the intent of code as much as possible. Buss then stated in theory if there is a house that has been inspected by two different inspectors a month apart there should be some of the same things written up on both inspections. Boothroy said it definitely should be and if not the inspectors' work should be reviewed. Buss asked how inspectors are trained. Boothroy said that job shadowing is done as well as staff attending comprehensive seminars. In addition, certification is highly suggested for plumbing, electrical and building. Another important aspect is the weekly meetings that are held with staff to discuss issues. Roffman moved to adjourn the meeting. Haman seconded the motion. The meeting was adjourned at (.~ '. (20 f/f// Approved: fr~ ir Date Minutes submitted by Le Ann Dunne-Tyson bisbdg/min/boal 1-8-99.doc IOWA CITY HUMAN RIGHTS COMMISSION IOWA CITY PUBLIC LIBRARY - MEETING ROOM C NOVEMBER 30, 1999 - 7:00 P.M. MEMBERS PRESENT: Joan Jehle, Mary Larew, Charles Major, Diane Martin, Jan Warren, Janice Simmons-Welburn MEMBERS ABSENT: Jane Nelson-Kuhn, Rick Spooner, Mettie Thomopulos STAFF PRESENT: Heather Shank, Laz Pittman OTHERS PRESENT: 1. CALL TO ORDER: Chairperson Martin called the meeting to order at 7:00 p.m. 2. APPROVAL OF THE MINUTES: Warren expressed concern that Jehle's comment on Page 5, "Jehle said that the Human Rights Commission (HRC) should talk about it, think about it, examine it, and not feel like they are being railroaded into it..." sounded more aggressive than it was intended to be or harsher than it actually was because of the word "railroaded." Commissioners decided not to make a change to the minutes but instead requested that the November minutes reflect that the intent of Jehle's statement was for the HRC to be thoughtful about the issue. Warren said that she did not have a correction but wished to have clarification about Dilkes' statement on Page 4 where Dilkes had said, "...the inclusion of the words 'marital status' is not typically interpreted to get you that far." Warren thought it was unclear what "that far" means. She said this may be unclear to others reading the minutes. Shank said part of the discussion was about how domestic partners cannot file a claim saying they have been discriminated against because they are domestic partnered. Rather, a person would have to bring an individual claim of marital status discrimination. MOTION: Jehle moved to approve the minutes from the October 26, 1999 meeting as submitted. Larew seconded the motion. The motion was carried by a vote of 6-0. 3. RECOMMENDATIONS TO COUNCIL: There were none. Iowa City Human Rights Commission November 30, 1999 - 7:00 p.m. Page 2 4. OLD BUSINESS Human Rights Breakfast - speeches Martin said that she received a call from a citizen who was concerned by the political comments or overtones made by award recipient Karen Kubby. Martin asked if the Commission wished to make it clear to presenters and recipients that the Breakfast was not the place for political statements. Shank said that she received a similar comment. It was suggested that the HRC let the presenters and the recipients know that this is a bipartisan, non-political event to celebrate human rights and to keep the comments non-political and short (in duration). Jehle said that she has attended every Breakfast and this has never been an issue before. Warren said that she appreciates the comments but even if the Commission wrote a letter to the recipients and presenters beforehand, the HRC cannot control what is said. She added that she feels the Commission should not make a change in policy or procedure based on this one occurrence. She added that another presenter mentioned something political about supporting the seniors and the Senior Center. Major said that he thought the speeches were shorter than last year and does not think they should tell people not to be political, because this has only happened once. Major added that the timing of the Breakfast is always before some type of election. Simmons-Welburn said that human rights is a political topic and there is no way around that. She felt that the people who made comments to the Commission may have been responding to who the person was rather than the actual statement. She said that she thinks it is good practice not to respond since this was the first time but added that asking recipients and presenters to keep the speeches brief would be appropriate. Simmons-Welburn also noted that she was concerned about trying to control the content of people's comments at the Breakfast because that goes against the whole idea of human rights. She said the HRC could review this again next year if it again becomes an issue. Larew agreed that the Commission has taken these comments under advisement but should just leave it alone for this year. On a related note, Warren thanked SimmonsoWelburn and Shank for redesigning the program and thanked Martin for being the MC. Simmons- Welburn apologized to Larew that her name was left off the program by mistake. Shank reported that 235 people were in attendance. Iowa City Human Rights Commission November 30, 1999 - 7:00 p.m. Page 3 Suggestions for Revision to the Ordinance as Discussed in Last Two Meetings Martin passed around a letter to Janelie Rettig for commissioners to review. She briefly reviewed the decisions that were made by the Commission. In summary, the HRC will make a recommendation to Council about changing the definition of sexual orientation; the Commisson has asked Dilkes for additional information about the possibility of changing the definition of marital status to include domestic partners as was done in San Francisco; Dilkes said she believed the current ordinance does cover City employees so there would be no need for a change to the language in the ordinance; and the Commission decided not to pursue having jurisdiction over the University of Iowa (UI). However, the Commission did want to find out the function of the Ul's Human Rights Committee. Warren said that one of the purposes of the Ul's Human Rights Committee according to the most recent documentation was to handle complaints. However, the Chairperson of the committee said they have not received any. Instead, the Affirmative Action office handles complaints. Simmons- Welbum noted that the document stating the Committee's responsibility to handle complaints was outdated. Pittman asked what happens when a person brings a complaint about the UI to Affirmative Action. Simmons-Welburn stated that the Office of the Ombudsperson will conduct investigations. She said that she is not sure if a person is told about going to the State level if they feel they need further recourse. Commissioners agreed that they would like to know where to send people who have a complaint against the UI. Shank said that a person could always be referred to the State Civil Rights Commission given that the most recent UI literature about the subject is outdated. Warren said she wondered whether the City has jurisdiction over any other state agencies located in Iowa City. Shank said that the City has not generally filed a complaint against state or federal agencies. However she would ask Diikes if the Commission does have jurisdiction over any other state or federal agencies. If so, she would ask how that is different from the University. Warren said that the ordinance must specify something about the UI for Rettig to bring up the question. Shank said she thought Rettig got the idea because the definition of employer could include the UI. Martin suggested Iowa City Human Rights Commission November 30, 1999 - 7:00 p.m. Page 4 that they review a copy of the ordinance and discuss the answer at the next meeting. Town Meeting- Racial Profiling? Martin asked for the Commission's thoughts on the date, location, and topic for the town meeting. Warren said that she thought the subcommittee (Simmons-Welburn, Thomopulos, and Warren) should work on this and present a proposal at a later meeting. Shank said she placed this item on the agenda because the head of the ICLU, Camille Dejorna, said she agreed that the title of the meeting should include racial profiling rather than the title "Driving While Black." Dejorna said she believed the ACLU would also agree. Simmons-Welburn said that the Diversity Committee would also be interested in co-sponsoring the event. 5. NEW BUSINESS: People of Color Resolution - Document from Dee Vanderhoef Martin stated that this was included in commissioners' packets. She explained that the document talked about decreasing the use of or eliminating the term "minority" in favor of using the phrase "people of color" because the term "minority" implies inferiority. Vanderhoef requested comments from the commissioners. Then she would place this in the Council's meeting packet. Simmons-Welburn said she has always been strongly in favor of this. However, she has heard that the term "minority" is a legal term for the government. Warren asked what action can be taken other than just passing this as a resolution. Simmons-Welburn said that the change really needs to start at the state level and also be reviewed at the City level. She said any document (such as informational brochures, ordinances, etc.) using the term "minority" should be changed, otherwise no one will know about the initiative. She also believes that the term "underrepresented group" should be used rather than the term "disadvantaged." SimmonsoWelburn said that she would like to know where the National Black Caucus of Local Elected Officials (NBC-LEO) planned to take this resolution next. Shank said that she would call the contact number on the document. Warren noted that there would be the potential for some backlash about political correctness; however, that should not deter the Commission if they wanted to pursue the initiative. Simmons-Welburn said that she Iowa City Human Rights Commission November 30, 1999 - 7:00 p.m. Page 5 wished they had made this change before "political correctness" was a term. Martin asked what action the HRC would like to take. Simmons-Welburn said she would like to see the City Council review the initiative. If the Council is in agreement, the City should then begin looking at City ordinances or documents where the term "minority" is used and replace the term with "people of color" where appropriate. She added that she does not feel that it is a matter of political correctness. Warren indicated that she completely agrees with Simmmons-Welburn but just wanted the Commission to be prepared for criticism. Simmons-Welburn said the change is long overdue because it is emotionally harmful and creates stress for people of color and underrepresented groups. Warren asked if the HRC should ask Dilkes about the legal ramifications of changing the term in all city documents to "people of color." Commissioners agreed and Shank said that she would ask for a legal opinion from Dilkes on behalf of the Commission. Jehle said that once they have the information, the HRC could make a recommendation to Council. Declaration Against Hate Rally and Town Meeting - Future Projects Larew said there was a good turnout for the rally and that they broke into five groups. She was part of the Labor and Media group. Major was also part of the Labor and Media subcommittee and felt that the session was good. Jehle said that she was involved with the Education subcommittee along with Simmons-Welburn, Spooner and approximately nine other people. She said they clearly wanted to include education for people from K-12. Simmons~Welburn said that one of the problems with the breakout sessions, however, was that people did not have a clear idea what they were supposed to do. People did not understand enough about the background of what had happened, the background of HARRT, and the critical issues before they broke into small groups. Jehle added that an hour and a half was not long enough to work on such a large issue. Larew and Jehle noted that HARRT pulled the event together in two days and that this was the first event HARRT had sponsored. Simmons-Welburn said that her comments were not meant as a criticism but as an observation. Larew and Major said that their subcommittee seemed very focused but acknowledged that the issue of labor and media may have been somewhat easier to get a hold of. Iowa City Human Rights Commission November 30, 1999 - 7:00 p.m. Page 6 Warren asked to whom the subcommittees report and what would happen next. Larew said that representative members of each subcommittee will meet with HARRT. Shank said that she talked to Paul Rettish and told him about the next meeting of the Education subcommittee because the College of Education International Division wants to get involved with developing a curriculum. Rettish suggested .the subcommittee not reinvent the wheel if there is already material available. Shank commented that they may help to bring focus to the group as well. Simmons-Welburn commented that one person in the breakout session brought up the idea of starting a study circles group. She believes this has strong possibilities because they have worked well in other cities. She said education should not be looked at in a vacuum because it affects all of the ideas that arise. She added that during the discussion it became apparent that people also do not understand jurisdiction and boundaries with the school system, etc. Martin suggested the Education subcommittee be invited to attend the HRC's meeting when Marian Coleman is scheduled to speak so that the members can work knowledgeably with what is already happening. Martin said that although the speakers were very good, she heard some disappointment that the speakers were not diverse and that this is only a large concern for the City when a problem happens in a neighborhood with little diversity. Martin thought it was important for the HRC to hear and recognize these concerns and to also continue with these types of rallies/town meetings. Larew said that although they may not have had diverse speakers, there was a diverse group in attendance. Warren asked what was going on with the other subcommittees. Martin reported that the group on religion talked about having interdenominational services and asking other churches to participate. Major asked what would ultimately happen with the subcommittees. Larew said that the subcommittee would continue to meet after members have met with HARRT until their objectives have been achieved. Applications for Commissioners Shank reported that all three commissioners who reapplied were reappointed (Major, Thomopulos, Warren). Warren thought some parts of the Human Rights Commission application needed to be updated (for example, meeting times and commissioner's Iowa City Human Rights Commission November 30, 1999 - 7:00 p.m. Page 7 responsibilities). She said that she would draft the changes and bring a copy to the next meeting. Warren asked if the HRC could also change the attachment to the application that asks for voluntary information about the applicant. She said the current application seems to have selective descriptors by only asking for the applicant to indicate if they are 62 years or older, handicapped or disabled, racial or ethnic minority, male or female, or lower income. Shank said the ordinance and bylaws state that the commissioners shall be representative of the community. The attachment has been in existence since Shank has worked for the City. Warren questioned how the HRC could also provide the applicant with the opportunity to identify themselves by another descriptor that they felt was applicable. Simmons-Welburn said that she thought the list needed to be more inclusive. Major commented that the City Council does want balance on commissions. Martin suggested just adding a space to the form for applicants to write in why they bring a different perspective to the Commission. Shank said other commissions use the same attachment with their applications. Warren said she wondered how changes to the document would be received by other commissions if the HRC recommends changes and whether the HRC could make changes. Martin said that if people fill out the form, if the HRC thinks the information should be considered because there is value in diversity on the Commission, then the HRC may have something to say about the categories that the ordinance addresses. Shank said that she thought changes could be made to the Human Rights Commission application without going to Council. However, she would find out for certain what types of changes could be made. Martin said that the application could include a statement at the bottom of the form such as, "If you feel that you might bring a different perspective to the Human Rights Commission because of your membership in an underrepresented group not listed above, please indicate." Simmons-Welburn suggested just including examples of the types of selectors after the words "underrepresented group." She suggested that they also add a value statement discussing how diversity adds value to the Commission. Pittman suggested having a line for every descriptor they could think of. At the end of the checklist, there could be a statement, "If you represent another aspect of diversity not stated above, please indicate." Iowa City Human Rights Commission November 30, 1999 - 7:00 p.m. Page 8 Commissioners attempted to compile a list of all of the descriptors that should be included. Martin said that she could type up the checklist including age, color, disability, gender, income, national origin, racial or ethnic group, religion, and sexual orientation along with the statement at the bottom "If you feel that you might bring a different perspective to the Human Rights Commission because of your membership in an underrepresented group not identified above, please indicate." Date for December Meeting Martin said Marjan Coleman could attend the HRC meeting on December 7th or the 21st. Commissioners agreed that the next meeting should be held December 21st. Ordinance - Revision - taking out "rent subsidies" from 2-1-1, definition of PUBLIC ASSISTANCE SOURCE OF INCOME. Shank said landlords have been calling the Iowa City Housing Authority with a concern about rent subsidies because of the mention of "public source of income" in the ordinance. The landlords were concerned that the City would tell them they had to accept vouchers because of the way the ordinance reads. Shank noted that the Human Rights office does not generally take complaints against landlords that do not accept vouchers or certificates because the federal law and state law does not mandate that landlords accept vouchers and/or certificates. Martin asked why this is a concern now if the ordinance has been this way for a long time. Shank said that it may have been because of a statement that Jan Alderton made during her speech. Landlords who watched the tape have become concerned about the part where Alderton indicates that she thought HUD had already made accepting vouchers and certificates mandatory. On the tape, Shank replies that although there had been meetings discussing this possibility, it was not the law yet. Shank said many of the callers missed the part of the tape where Shank noted that this was not yet the law. She said that she just wanted the Commission to know that this concern had been brought up. 6. REPORTS OF COMMISSIONERS: Martin handed out information about a fundraising dinner for Karen Kubby for the Social Change Training Program that commissioners might be interested in attending. In addition, she said the UI has announced that the Cultural Diversity Day celebration will be held February 20th from noon to 5 p.m. Martin said that she would mail in a reservation for a table for the HRC. Jehle said that HARRT is also interested in having a table. Simmons-Welburn suggested that the Commission share a table with Iowa City Human Rights Commission November 30, 1999 - 7:00 p.m. Page 9 HARRT. Warren suggested that they instead ask for the HRC and HARRT tables to be next to each other. Commissioners agreed that it is important for the HRC to be in attendance. Martin said this topic would appear on the December agenda in order to discuss volunteers for shifts. Martin said that she would send in the reservation for the table. Jehle noted that human rights award winner Claude Peterson had passed away. Warren said that she was concerned about the Iowa City Press-Citizen's coverage of certain issues and that this has generated letters to the editor. For example, at the HARRT rally, a community member pointed out that the newspaper printed the names and photos of black teenagers charged with a crime but when there was a similar situation with white teenagers, no names or photos were released. Simmons-Welburn said that she has noticed inconsistency as well and is concerned that they run editorials about stopping the hate, yet do not recognize that the paper is contributing to the problem with other editorial decisions. Major said that he believes the Iowa City Gazette is not any better or worse because they are doing the same things. He said that it is apparent that the two papers are having a war. He said that he noticed radio station KCJJ seems to be having a war with KXIC for listeners. He said that all the Commission can do is keep watching and listening and making people aware of the problem. Major said the Johnson County Democrats will hold a mock caucus on December 20th where they will be discussing hate crimes. He said that he would be attending. Larew reported that an article in the newspaper indicated that Iowa was the lowest in the nation for hate crimes. Shank said that the article was incorrect because although there have been hate crimes in other parts of Iowa, some departments in Iowa are unwilling to press charges or report the crime. 7. STATUS OF CASES: Pittman said a conciliation was scheduled for December 3rd and that the cases are moving right along. Shank said that in the most recent list of cases, a case that was closed long ago appeared on the list by mistake. She has since corrected the problem. 8. ADJOURNMENT: Iowa City Human Rights Commission November 30, 1999 - 7:00 p.m. Page 10 Warren moved to adjourn the meeting. Jehle seconded the motion. The motion was carried and the meeting was adjourned at 8:55 p.m. HRC113099.doc 9b(5) M]NUTI~S PARKS AND RECREATION COMMISSION NOVEMBER 3, 1999 MEMBERS PRESENT: Toni Cilek, Barbara Endel, Craig Gustaveson, Matt Pacha, Rex Pruess, AI Stroh, Kathy Wallace, Ross Wilburn MEMBERS ABSENT: Bruce Maurer STAFF PRESENT: Scott Kugler (PCD), Mike Moran, Terry Trueblood GUESTS: James Moxley, Doris Malkmus (and one other representative from the Historic Preservation Commission) FORMAL ACTION TAKEN Moved by Pruess, seconded by Stroh, to approve the October 13, 1999 minutes as written. Unanimous. Moved by Pruess, seconded by Wilburn, to endorse the concept plan for the Montgomery-Buffer House and site, with strong consideration for it being a trailhead facility. Unanimous. MONTGOMERY-BUTLER HOUSE Scott Kugler of the City's Planning and Community Development Department addressed the commission with respect to the Montgomery-Butler House trailhead facility proposal. He stated staff has been working with members of the City's Historic Preservation Commission and representatives from Friends of Historic Preservation and the Iowa Historic Preservation Alliance to discuss future use of the Montgomery-Butler House and site. They have discussed how the house may or may not be incorporated in the Waterworks and Peninsula park areas. Staff has filed a grant application to hire a consultant to assist with identifying potential funding sources and to help organize efforts to identify an appropriate long-term use for the site. Kugler indicated one idea often surfaces when discussing the house and site is that of creating a trailhead park associated with the Iowa River Corridor Trail and the future Waterworks Park. To this end, funding may be available under the TEA-21 Transportation Enhancement Funds program, and the group is requesting the Commission's support of the TEA-21 application. Kugler stated the project could entail partially relocating the Waterworks Park parking area to the house site, creation of a trail spur using an existing field roadbed to get to the site from the Iowa River Corridor Trail and construction of a small restroom facility. Pruess asked if they envisioned the house being used by trail users once the house is restored; Kugler stated such a decision has not been made, with staff wanting to hire a consultant to identify potential uses. Doris Malkmus of the City's Historic Preservation Commission stated this was the central question about the entire project. They realize the need to get more input and hope to obtain a consultant who will explore with the community what this site can be. Stroh felt the house would find its own identity once the site is developed. Pacha felt the site would make a natural trailhead, with Pruess indicating he felt it was an outstanding idea as long as the cost was not too high. Moved by Pruess, seconded by Wiiburn, to endorse the concept plan for the Montgomery-Butler House and site, with strong consideration for it being a trailhead facility. Unanimous. Parks and Recreation Commission November 3, 1999 Page 2 of 3 FY01-05 CIP PRIORITIZATION The commission proceeded to prioritize the FY2001-2005 capital improvement projects after various projects were clarified. Staff had divided the proposed projects into potential groups to simplify the prioritization process. The Commission did not prioritize the Intra-City Bike Trails and Annual Maintenance/Repair/Acquisition/Development Item projects since allocations are annual. With respect to the Intra-City Bike Trails project, Pruess felt the annual allocation of $30,000 was a very minimal amount. With respect to Hickory Hill Trail Development, the commission moved it from the "Trail Projects" group to the "Maintenance/Renovation Projects" group in that the trail exists and funding will be utilized to refine the existing trail to prevent and control erosion. Pruess asked if members of the public have asked to have the trails renovated. Trueblood stated he receives numerous complaints about the condition of the trails. Wilburn indicated he would need further information on what the erosion problems are and other options that may be available. He suggested having a trail expert attend a future commission meeting. Trueblood noted individuals who may be able to speak on different aspects of trails; he felt the present consultant has the expertise. Stroh stated the preliminary conceptual plan completed by the consultant concentrates the traffic in the right places, improves the existing trails, and makes them accessible. With respect to the Leisure Pool Development project, Trueblood presented a drawing of an overall conceptual plan for revamping the City Park pool. Click questioned whether there would be ample parking; Trueblood noted it was a very important issue that needs further investigation. Gustaveson stated presently during a hot summer day there is insufficient parking spaces. Trueblood stated that there are some areas where additional parking could be provided. Pruess felt the cost was too high for a facility that is used only four months out of a year; Stroh stated it was an entrepreneurial project. With respect to the Recreation Center Expansion project, Pacha stated the completion of the Scanlon Gymnasium has heightened the awareness of the state of the Recreation Center as it presently exists. Pruess felt the noon hour usage of the facility would go up with improved facilities. Endel agreed with Pacha that the Recreation Center facility should be enhanced, noting the lack of top-rate facilities available to low- income families. With respect to rebuilding the Mercer Park Concession/Restroom Building, Gustaveson stated Babe Ruth wants to take an active role in getting this done, with the organization having $10,000 at this time that could be contributed towards this project along with some contractors willing to donate time and materials. He stated Babe Ruth considers the Mercer Park Concession/Restroom Building project a higher priority than the Mercer Park Ballfield Lighting project. Moran stated the Mercer Park Ballfield Lighting project was a priority for staff. He noted that some of the poles are 30 years old and in poor shape, and the lighting equipment on field #3 is the original equipment. With respect to the "Trail Projects", Stroh felt the key issue was connectivity. He felt the bridge projects were audacious and questioned whether $700,000 would be sufficient. Gustaveson stated he would not be prioritizing the various trail projects in that he did not know the history or have sufficient knowledge to do SO. Staff will compile the information, determine what further information would be helpful from the CIP committee's perspective and will provide this information to the commission prior to its next meeting. Pacha Parks and Recreation Commission November 3, 1999 Page 3 of 3 stated at next month's meeting the commission would continue this process and identify the top 10 CIP priorities. CHAIR' S REPORT Pacha and the commission congratulated Ross Wilburn on his election to the City Council. Pacha appointed Stroh and Wilbum to the nominating committee for next year's commission officers. DIRECTOR'S REPORT Next Month's Meeting: Trueblood indicated he would like to hold next month's meeting at the Recreation Center as opposed to Mercer/Scanlon; the Commission agreed to it. ADJOURNMENT The meeting adjourned at 6:50 p.m. 'PRELIMINARY PLANNING AND ZONING COMMISSION DECEMBER 2, 1999 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS . Subject to ApproVal MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson, Madlyn Schintler, Dean Shannon, Lea Supple MEMBERS ABSENT: None STAFF PRESENT: Sarah Holecek, Scott Kugler, Bob Miklo, Melody Rockwell OTHERS PRESENT: Bob Solomon, Terry Robinson, Larry Schnittjer, George Dane, Bart Schuchert RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 7-0, of SUB99-0026, a final plat of Wild Prairie Estates Part 3, a 49.31-acre, 30-lot residential subdivision with one outlot for property located at the north ends of Goldenrod Drive and Wild Prairie Drive, subject to approval of legal papers prior to City Council consideration of the plat and subject to the resolution of the drainage issues to the satisfaction of City Council prior to final plat approval. Recommended, by a vote of 6-0, that the South Central Distdct Plan include an east/west arterial, with the alignment in the vicinity of Dane Road to be generally between those shown as alternative N-1 and alternative N-1.1 in the November 15, 1999, EarthTech report, subject to finalization of the alignment with consideration of engineering cdteria and land acquisition costs as well as social, environmental and other factors. Recommended approval, by a vote of 6-0, of an amendment to the Comprehensive Plan to adopt and incorporate the South Central District Plan for property generally located east of Highway 218, south of Highway I and west of the Iowa River, including the changes as outlined in the staff memorandum dated December 2, 1999. CALL TO ORDER: Chairperson Supple called the meeting to order at 7:31 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Supple invited those at the meeting to serve on a City board or commission. She said citizen participation is helpful to the City and beneficial to those who volunteer as well. Supple encouraged those at the meeting to obtain an application from the City Clerk's Office to serve on a City board or commission. DEVELOPMENT ITEM: SUB99-0026. Public discussion of an application submitted by Kennedy Hilgenberg Enterprises for a final plat of Wild Prairie Estates Part 3, a 49.31 acre, 30-lot residential subdivision with one outlot for property located at the north ends of Goldenrod Drive and Wild Prairie Drive. (45-day limitation period expires December 19, 1999) Planning And Zoning Commission Minutes December 2, 1999 Page 2 Kugler said the preliminary plat for this property was approved eadier this year. He stated that the final plat is in conformance with the preliminary plat and the City's subdivision regulations. Kugler said construction drawings have been approved, but legal papers are being reviewed and will have to be approved before the City Council votes on the final plat. Kugler said staff feels that, despite the language in the Conditional Zoning Agreement that was put in place when this property was annexed, it would be appropriate for the City to pay for the overwidth paving costs for the collector street, Wild Praide Drive, as is typi'cally done with the 'development of contiguous properties. Regarding neighborhood open space, Kugler said staff recommends that no open space be dedicated at this time, but that the 1.08 acres of neighborhood open space required for this plat be acquired at the time that Lot A develops along Willow Creek. Kugler said, as was noted during the preliminary plat review, additional development within the general area will depend on the upgrade of the Willow Creek Sewer, although it will not affect this plat. He said that fact needs to be kept in mind as future development occurs in this area. Kugler said staff recommends approval of this plat, subject to the approval of legal papers prior to City Council consideration of the plat. Public discussion: Bob Solomon. 48 Laredo Court, said his property is shown as Lot 51 on the overhead diagram. He said his property was subject to a lot of water runoff, to the point where the contractor was required to come back and construct a berm in the back of his property. Solomon said the berm appears on the plat to be part of Lots 66, 65, and 64. He said as far as he knows, there is nothing that defines what will happen to that berm as development continues. Kugler said he believed that surface water would be collected in a storm sewer system and directed to Outlot B. Kugler said the grading plan and the general subdivision layout and drainage were approved along with the preliminary plat, and this final plat basically establishes the exact dimensions and locations of streets. He said he did not have a detailed grading plan with him, but said he could look at the plans more closely with Public Works to discern more about what is happening with the drainage. Kugler said this is the first he had heard of this problem. Solomon said the back of his lot slopes down toward his walkout basement. He said when it rains, water runs like a dyer behind the lots. Solomon said the water collects there and without the berm would run into his residence. Solomon said the drainage was incorrect when this area was first developed, but the berm corrected the problem. He showed a lot at the far right lower corner of the plat that he said receives waters only six feet from the basement during even a gentle rain. Kugler said Outlot B is intended to be a stormwater management area; that the water is supposed to pond within that area. Solomon said the water goes further than that. He said there is definitely a drainage problem there and asked if there were a possibility of talking about that. Kugler said he will bring the problem to the attention of Public Works, and they would look into it. Solomon asked if the berm that is there currently would have to be removed. Schnittjer said it would not necessarily have to be removed. Kugler said if the Commission is concerned about the drainage issue and would like to see it addressed, this item could be deferred, but because of the City Council's schedule, there would be problems with the 60-day limitation period for City Council action on the plat. He said any deferral would therefore require a waiver of the 60-day limitation pedod from the applicant. Kugler said the other option would be to determine the problem and have it addressed before the City Council meeting. He said the grading plan for this property has already been approved, so approving the final plat would not necessarily deal with the grading. Kugler said if there is a problem with the drainage, Public Works should be working with the applicant to have it addressed. Planning And Zoning Commission Minutes December 2, 1999 Page 3 Bovbjerg suggested wording a motion to include the Commission's concerns while getting this plat on to the City Council. Holecek said the City Council's next meeting would be held on December 7, 1999 and then the next formal Council meeting after that would not be held until January 18, 2000. She agreed that would raise the 60-day limitation period issue. Holecek said the motion could be framed to include a condition that approval be subject to the drainage issues being resolved to the City Council's satisfaction prior to approval of the final plat. Chait asked if this concern i, elated to the Commission's considerations. Kugler said it would typically be looked at during the preliminary plat stage. He said, however, that this is granting final approval to this subdivision, and any leverage for changes to the drainage system would only be in place before City Council approval of the final plat. Bovbjerg said the Commission would be derelict in its duty if the drainage issue were not addressed. She said it would be good to get this to the City Council, but if there is a major problem, it should not forge ahead just because this should have been anticipated, but wasn't. Gibson said he liked Holecek's idea for a motion to include a condition regarding the drainage, because it lets this move forward yet still addresses the issue and puts the City Council on notice that the drainage issue needs to be dealt with. Gibson said it is very rare to hear such an issue presented in such an unemotional and clear manner as had just occurred. He said it would not be appropriate to go the less responsible route of letting this be resolved through a civil action after City approval of the final plat. Terry Robinson. 1121 Pheasant Valley, said he is a City employee but was not speaking in that capacity, but as an owner of property adjacent to this subdivision. He said there is a spring area in Lot 56, and when the area is very wet, a lot of water comes out. Robinson said that will not affect his property, but he wanted the Commission to be aware of the problem. He said he had spoken about this with Schnittjer, who told him that he would look into the problem. Larry Schnittjer. 1917 South Gilbert Street, stated that he represents MMS Consultants. He said he has spoken with Solomon and Robinson and will check into the drainage issues they brought up. Schnittjer said the engineer at MMS who is responsible for this project is Ron Amelon. He said he had given Amelon's phone number to Solomon and Robinson so they could contact him directly. Schnittjer said he is not eminently familiar with this project, but will bdef Amelon as to the drainage concerns to see if they have been taken into consideration. He said it may be that drainage tiles need to be added to address the issue of the spring on Lot 56. Public discussion closed. MOTION: Shannon moved to recommend approval of SUB99-0026, a final plat of Wild Prairie Estates Part 3, a 49.3'l-acre, 30-lot residential subdivision with one outlot for property located at the north ends of Goldenrod Drive and Wild Prairie Drive, subject to approval of legal papers prior to City Council consideration of the plat. Schintler seconded the motion. AMENDMENT TO THE MAIN MOTION: Bovbjerg moved to amend the motion to include a condition that approval be subject to the resolution of the drainage issues to the satisfaction of City Council prior to final plat approval. Gibson seconded the amendment to the main motion. The amendment carried on a vote of 7-0. The main motion carried on a vote of 7-0. Kugler pointed out that this plat would be on the City Council's agenda for December 7. He said if the issues are not resolved by that time, staff will recommend to the City Council that the plat Planning And Zoning Commission Minutes December 2, 1999 Page 4 be deferred to January 18. He noted that that would require a waiver of the 60-day limitation pedod by the developer. REZONING ITEM: REZ99-0013. Public discussion of an application submitted by Jeff Clark for a rezoning from Planned High Density Multi-Family Residential (PRM) to Sensitive Areas Overlay (OSA-PRM) for property located at 522 S. Dubuque Street. (45-day.limitation period expires December 24, 1999) Kugler said staff recommends deferral of this application until a complete review of the plan is done. He said once the review is completed and approved by staff, staff would recommend approval of the rezoning, along with the modification of the front yard requirement from the required 20 feet to .99 feet for the proposed porch and six feet for the rest of the building. Shannon asked if the developer would be doing anything at all in the area marked as green, the sensitive areas part of the property. Kugler showed on an overhead transparency the altered protected slopes of over 40% as darkened in, as well as the hatched area of altered critical slopes. He pointed out a dashed line indicating the grading limits, beyond which the developer should not be encroaching. Kugler said the developer has indicated he will be bringing in all the equipment from the top of the site and basically excavating as needed to construct the building. Kugler said there .would be a construction fence installed at the line so that construction materials and equipment do not inadvertently go beyond the area that needs to be undisturbed. Kugler said nothing beyond that marked line will be disturbed with one possible exception. He said the sewer line for the property is in the alley, and there are a few stubs already up into this property that the developer is going to try to tie into. Kugler said if that is not possible, the developer may have to dig a trench down the hill to be able to tie into that sewer line, but there will not be major grading activities for the construction of the building beyond the line. Supple said the sewer is located in the alley and Kugler confirmed this. Supple asked about the water line, and Kugler said he believed it comes off the street. Supple said her concem is that if the water line is at the front of the lot and the building sits back only one foot, there could be a conflict. Kugler said staff is not aware of any utilities or easements across the front of the lot. He said the utilities are either in the street right-of-way or at the back of the lot. Kugler said that would have to be verified. He said by approving this plan, an encroachment of the building up to that point would be approved, as would the no grading line. He said as long as the setback is not reduced any further than allowed by the approved plan and as long as the grading line has not been exceeded, there could be some minor shifts in the building. Ehrhardt asked about the setback modification. Kugler said the requested encroachment, which staff is recommending approval of, is for the front porch to come within .99 feet of the property line. He said this would result in the front porch being about six feet from the sidewalk, since the property line is about five feet off the sidewalk. He said from the front property line to the rest of the building, there would be a six-foot setback. Ehrhardt asked whether this size building would be allowed on that piece of property if the land were flat and there were a 20-foot setback. Kugler said if the site were flat, the applicant could probably put a larger building on the site, because there would not be the building restrictions in the back as there are with this property. Public discussion: There was none. Planning And Zoning Commission Minutes December 2, 1999 Page 5 Public discussion closed. MOTION: Shannon moved to defer REZ99-0013, an application submitted by Jeff Clark for a rezoning from Planned High Density Multi-Family Residential (PRM) to Sensitive Areas Overlay (OSA-PRM) for property located at 522 South Dubuque Street to the December 16, 1999 meeting of the Planning and Zoning Commission. Bovbjerg seconded the motion. Bovbjerg said this is a nice demonstration of a building close to the sidewalk, but not looming over it. She said the proposed building seems to be exactly what would fit in with neighboring buildings. Shannon said he thought it was in line with the existing building to the south, which is also close to the sidewalk. Ehrhardt said she and Chait and Clark are on a committee that is drafting in-fill development guidelines and added that this proposal is in line with what the Committee feels is desirable for infill development. The motion to defer carried on a vote of 7-0. COMPREHENSIVE PLAN ITEM: Public discussion of a public hearing on an amendment to the Comprehensive Plan to adopt and incorporate the South Central District Plan for property generally located east of Highway 218, south of Highway I and west of the Iowa River. Gibson left the meeting at 8:00 p.m., asking to be recused from this item on the grounds of a conflict of allegiance. Rockwell said the memo presented to the Commission this evening was a compilation of the Commission's proposed changes in the draft plan for the South Central District. She said the only new item is the addition to a section of the trail portion of the plan, which relates to David Goodwin's historic information regarding the Indian trails along the river. Rockwell said the proposed change would incorporate a line that states, "Wherever possible, Indian trails along the Iowa River should be designated and incorporated into the City trail system in a way that preserves them as historic elements of this district." Supple asked if use of the term Indian trails would be appropriate in the plan; would it be politically correct language to use. Rockwell said that she understood that it is acceptable to most persons of American Indian descent. Bovbjerg asked what term was used in other sections of the plan. Rockwell said the term Indian was used in the historical section of the plan, so its use in the trails section would be consistent with the rest of the plan. Public discussion: George Dane. 4120 Dane Road, referred to an overhead diagram labeled Overlay 1, saying he used Earth Tech's dimensions and measurements to compile the map. Dane said he has walked the fields west of Dane Road and transferred the contour lines from Figure I of Earth Tech's report of May 1999 to that area, which is shown on Overlay 2. He said he took out the background of the aerial photo so that the contours would show up a little better. Dane said the slopes west of Dane Road are equally as steep as those east of Dane Road. He said toward the middle of the west field, the ground flattens out and rises to a high point some ten feet higher than the Dane Ridge. Dane said in the northeast corner of the field, there is a steep slope down toward the corner at Dane Road. He stated along the west side of Dane Road, there is another steep slope south down from the ridge to a large flat area west of the northernmost house along the west side of Dane Road. Dane said the elevation of the intersection of Highway One and Mormon Trek Boulevard is about 720 feet. Planning And Zoning Commission Minutes December 2, 1999 Page 6 Dane said east of Dane Road, both N-1 and N-1.2 would require "notches" to be cut in the side of the hill and some similar cuts west of Dane Road. He said Earth Tech reported that N-1.1, being farther down the hill, would require additional Iowedng of Dane Road to accommodate the intersection and stated the additional cost for this alignment would be approximately $175,000. Dane said he assumes this is net of the savings from smaller "notches" in the hills. Dane said N- 1.2 is closer to the bottom of the hill, would take advantage of the Williams Road, which is a County right-of-way, and would have less gradin~ expense. i-le said as drawn, its proximity to the home west of Dane Road and the Williams home, the crossing of the northwest corner of Lake Ridge Court, and the possibility of encountering wetlands at the east end, speak against the N-1.2 alternative. Dane said with some modification, N-1.2 might become a viable alternative. He showed the first on Oveday 3. Dane said a modified alignment could come southeast from the Highway One and Mormon Trek Boulevard intersection, but curve a little more to the south to the flatter land west of the Dane Road/VVilliams Road intersection. He said at this point the mad would cross Dane Road at nearly right angles on the flat land between the two hills and follow the Williams Road on east. Dane said the mad could then swing north to miss the northwest comer of Lake Ridge Court and the possible wetlands and then pass north of the pond as it continues east to Riverside Drive. Dane said if the Williams' home and the northern-most house on Dane Road were not there, this alignment might be one of the considerations. He said it would cross flatter ground and have an easier intersection with Dane Road. Dane said it is possible that by the time the artedal is ready to be built, there could be changes in the circumstances for these homes and they would be willing to sell to the City. He said the cost of purchasing them would be offset by less grading and right-of-way expense. Dane said someone in the City could be encouraged to keep in touch with the Willlares and the people on Dane Road so as to be aware of the possibility of acquisition of those properties. Dane said there is another possible modification to N-1.2, as shown on Overlay 4. He said the mad could cross Dane Road between N-1.1 and N-1.2 as shown on the oveday: He said this would be about 200 feet north of the last house on Dane Road. Dane said the mad would then stay between N-1.1 and N-1.2 to take advantage of the flatter ground, and rejoin N-1.1 north of the Williams home. Dane said this alignment would have little impact on either the Williams' or the north house on Dane Road, but would have the desirability of being as far south as possible. He said in the event either or both of those properties could be acquired, the muting could easily be shifted south. Dane said in the meantime, either of these alignments would indicate the desirability of a mute east across flatter ground. Dane said these alignments would avoid the Lake Ridge development and would better protect the area from future development that might have to be bought out later. Dane said he hesitated to bring these two alternative possibilities up when the Commission is ready to vote on the South Central District Plan, but this was his first opportunity since seeing the details and dimensions arising out of EarthTech's latest report. He said that between alternative N-1 and N-1.1, his choice is N-1.1, the middle mute. Dane said it preserves the crest of the hill and vistas from there and is a reasonable distance north of the Willjams' buildings. Dane said in spite of having to lower Dane Road, it would be easier to build. He said the $175,000 additional cost might become less of a factor when all of the costs for right-of-way and other acquisitions are added in. Dane said it would still require "notches" east and west of Dane Road. He said it would cross near mid-field, and this could affect the use of the remaining parcels. Dane said that between N-1.1 and N-1.2, he would suggest N-1.2 as modified by either of the alternatives. Dane thanked the Commission for its consideration and time. Planning And Zoning Commission Minutes December 2, 1999 Page 7 Bart Schuchert. 3911 Schuchert Ddve, said he received copies of the revised future land use map eadier in the week. He said he had asked for a zoning change on the map from institutional to commercial, but at the time did not know how many classifications of commercial were available. Schuchert said his property is now designated as neighborhood commercial, which in his case is the most undesirable commercial classification of the four shown on the map. He said the neighborhood commercial designation is very restrictive and would not fit his property very well. Schuchert said one restriction is that the neighborhood commercial should not draw community- wide patronage and is intended to serve those in the neighborhood. He said in this case, the neighborhood consists of a manufactured housing development, and 90% of those people would go north to Iowa City, resulting in .very little traffic for his property. Schuchert said his property is presently zoned County Highway Commercial, which is much different than neighborhood commercial. He asked that his property at least be considered for a higher grade of commercial zoning, because it would be more in keeping with what it is currently zoned in the County. Schuchert said he was somewhat happy that his property is no longer designated for institutional zoning and appreciated the fact that the zoning has been somewhat upgraded. He felt however that the designation shown on the revised map is far less desirable than the current zoning. He said he would like to see a better level of commercial zoning shown on his property. Public discussion closed. Bovbjerg thanked Rockwell for the summary of changes to the plan. She said the Commission has wrestled with the east/west arterial street alignment for some time. Bovbjerg said if the Commission could get that in some form that could be agreed upon, she would like to see the plan go forward with the suggested changes. She stated that the N-1 alignment is better than some of the other proposed alignments, but she would not want to preclude taking a look at N- 1.1 or any of the other alignments. Bovbjerg said the final determination would have to be based on exact engineering, costs and the property status at the time of construction, because we don't know who will own what and who will be willing to sell or modify. Miklo suggested that a possible motion could state that it is important to have an artedal street somewhere between N-1 and N-1.2, since there is no support for moving the road farther north than N-1 or farther south than N-1.2. He said this would leave the final decision for a later date when there is more information. Miklo said if there were any development proposed between those two areas, it would have to receive close scrutiny. He said developments may need to be delayed if they interfere with the general proposed alignment of the artedal street. Chair said this is a faidy general comprehensive plan, as opposed to a specific designation of a road alignment. He said Miklo's suggestion would be reasonable at this point. Supple agreed, but said it is important to the University to understand specifically where the street will be located. Rockwell said the road alignment near the University property would not change; the discussion on this point relates to the west portion of the alignment as it crosses Dane Road. Bovbjerg said she did not like N-1.2, because it moves through housing areas. She said she would support N-1 or N-1.1, or somewhere inbetween as a general route with the specific route to be determined with exact engineering at the time of construction. MOTION: Bovbjerg moved that the Comprehensive Plan include an east/west arterial, with the alignment in the vicinity of Dane Road to be generally between those shown as alternative N-1 and alternative N-1.1 in the November 15, 1999, EarthTech report, subject to finalization of the alignment with consideration of engineering criteria and land Planning And Zoning Commission Minutes December 2, 1999 Page 8 acquisition costs as well as social, environmental and other factors. Shannon seconded the motion. Ehrhardt asked if the reason for excluding N-1.2 was because of property ownership. Rockwell said it had more to do with social and environmental costs associated with that alignment. She said N-1.2 would run very close to the housing along Dane Road and through housing in the manufactured housing park and the Williams home as well as possibly compromising wetland and stream corridor areas. Holecek pointed out that this is a comprehensive plan, and as things develop, a more exact science will be used to arrive at what the alignment should be. She said for purposes of the Comprehensive Plan, in order to put property owners and property purchasers on notice of the general alignment, this plan is getting fairly close. The motion carried on a vote of 6-0. MOTION: Bovbjerg moved to recommend to the City Council an amendment to the Comprehensive Plan to adopt and incorporate the South Central District Plan for property generally located east of Highway 218, south of Highway 1 and west of the Iowa River including the changes as outlined in the staff memorandum dated December 2, 1999. Schintler seconded the motion. Shannon said if Schuchert would like his zoning to be similar to what his land is zoned in the County now. Shannon asked how carved in stone the commercial designation would be once the plan is approved. Rockwell said the plan would show general land use designations, not specific zonings. She said the reason Schuchert's land is indicated as neighborhood commercial is because there is a large commercial area to the north along Highways 1 and 6. Rockwell said instead of having large commercial areas scattered throughout the community, the Comprehensive Plan calls for these commercial areas to be concentrated in a few areas in the community. She said even as this designation is proposed, staff feels having twenty acres of a neighborhood commercial designation is a very large area when it is so close to the commercial area along Highways 1 and 6. Shannon asked if the designation would result in a stdp mall or if it would result in something not quite that intense. Rockwell said the proposed text of the plan specifies that the land should be designed so that it is not a strip mall. Miklo said the plan does not indicate an exact zoning designation. He said the land would have to be annexed initially and through that process, there would be discussions about the zoning. Regarding the reference to institutional zoning, Miklo said the City does not have an institutional zone. He said the idea of the plan is to indicate generally appropriate land uses in the district, not to designate specific zones. Supple said. the Schuchert property has a specific zoning marking on the map. Miklo said the map refers to neighborhood commercial land uses. He said if someone proposed highway commercial or intensive commercial, his reading would be that such a rezoning would not meet the neighborhood commercial spirit proposed here. Miklo said an application for a CC-2, community commercial zoning with a conditional zoning agreement might be acceptable, even though it is not a CN-1 zone. He said a CC-2 zoning that falls into the spirit of a neighborhood commercial land use might be permissible here. Miklo said the plan does not have an exact zoning designation on the map, but is referring to general types of land uses. Chait asked if this property was zoned highway commercial in the County. Rockwell confirmed this. Chait said this is then a downzoning in that sense. Rockwell said the plan does not constitute a rezoning of the property, but suggests a general type of land use for this area of the district. Chait said his only concern with neighborhood commercial is whether it would really work here. He questioned that there was really a neighborhood in this area. Miklo said the rest Planning And Zoning Commission Minutes December 2, 1999 Page 9 of the land use map shows residential from this point to the west. He said staff wanted to balance the interests of having some commercial there with planning for the future of the adjacent area. Chait agreed that the key is to think about it in terms of what will be, not in terms of what it is currently. Bovbjerg said she looked upon the neighborhood commercial designation as being more versatile than some of the other commercial designations. She said this could be a nice blend between c~mmercial and being very neighborhood friendly. Bovbjerg said there are many possibilities and added that apartments above the commercial uses would give an instant neighborhood and people to use the shops and offices in the neighborhood commercial zone. She said this kind of land use gives a more open future for use of the property than something very restrictive. Ehrhardt said she agreed with Bovbjerg. She said she has been concerned about the size of the neighborhood commercial designation. Ehrhardt said she appreciates Miklo's comments and feels there could be a variety of things within the neighborhood commercial area, because it is so big. Supple asked if Miklo's attitude was that even though the land is shown as neighborhood commercial on the map, if it were annexed into the City and an application were made for a higher commercial use, as long as it wasn't highway commercial, if it may still fall into the spirit of the plan. Miklo confirmed this. He said the property is not being committed irrevocably to neighborhood commercial zoning. Miklo said staff is saying that neighborhood commercial types of uses are appropriate here, given the anticipated residential development to the west. He said the language goes on to make suggestions of a varied number of uses to give a character of what could be anticipated in that area. Miklo said retail commercial would fall into that character, but a truck stop would not. He said office uses would fall into that character, but a used car lot would not. Miklo said the text of the plan would paint a general picture of what the commercial character of the area could be, without actually giving an exact list of uses. Supple asked if this would be strictly Miklo's interpretation or would also be a common interpretation. She said this land may not come into the City for years, perhaps long after Miklo and she are no longer around to say what was intended. Miklo said it is an interpretation that the Commission, the City Council and staff will have to make when the property is annexed. He said that is why staff tried to make the text fairly general and flexible as to the number and types of uses. Miklo said part of the map shows an area of brown, designated for small apartments. He said that area has not been designated RM-12 (low density multi-family), RM-20 (medium density multi-family), or RM-44 (high density multi-family). Miklo said the intent there is that when the area is annexed, RM-12 or RM-20 would be considered as consistent with the intent to have small apartments developed in that area. He said if someone proposed a zoning of RM-44, that would not be in the spirit of the designation for small apartments. Miklo said that is the distinction between the general concept of the land use map versus zoning designations. Supple said under the commercial classifications, there are neighborhood commercial, office park commercial, retail community commercial and intensive and highway commercial. She said there is only one category for apartments. Miklo pointed out that some of the other plans have different levels of residential, and this plan also calls for single-family residential and medium density residential. Supple said she would have preferred that the map show red for commercial, including neighborhood and community commercial in one category. Supple thanked those at the meeting for participating in the process. She said that comprehensive plans are extremely difficult, because although they must be taken seriously, Planning And Zoning Commission Minutes December 2, 1999 Page 10 they must also remain flexible. She said it is difficult to predict the future and figure out what will happen with the City as it develops to the south. Supple said the participation of the citizens has been invaluable, even though it has resulted in a long process. She said that has been to the citizens' credit and hopefully to the benefit of the City of Iowa City. The motion carried on a vote of 6-0. CONSIDERATION OF THE NOVEMBER 18. 1999 FLANNING AND ZONING COMMISSION MEETING MINUTES: MOTION: Shannon moved to approve the minutes of the November 18, 1999 Planning and Zoning Commission meeting, subject to some minor changes to be submitted by Bovbjerg. Ehrhardt seconded the motion. The motion carried on a vote of 6-0. OTHER: Ehrhardt stated that Miklo had asked her about her reasons for voting no on the Duck Creek project. She said she would like to discuss in general the idea of putting a building that is not allowed in the RS-8 zone, but is allowed in the RM-12 zone, in an established RS-5 neighborhood. Ehrhardt said Miklo informed her that providing a transition is not City policy. Miklo said that is not quite what he had said. He noted that he read Ehrhardt's comments in the minutes as stating something to the effect that the City should not jump zones. He said he had called Ehrhardt, because he wondered whether she thought it was a stated policy that a four- plex should not be built next to a single-family home. Miklo said that is not a stated policy of the City. Ehrhardt said she has considered the issue and still feels that in an established neighborhood, whether it is policy or not, a four-plex, which is the type of building that would not be allowed even in the next higher zone, should be put next to a single-family home. Chait said in the next zone, which is RS-8, there could be an OPDH-8, with someth!ng even bigger than a four-plex. He said the distinction is that it would be the same density, a five density in a planned development. Chair said while it may not be Ehrhardt'~ philosophy, the Commission's philosophy as well as the policies set forth in the Comprehensive Plan are intended to address the need for a diversity of housing types, mixed uses and Other issues. He said this does not result in a policy that supports homogenous single-family .forever types of neighborhoods. He said it is a mixed density kind of thing like the Duck Creek project that to him is a perfect example of what the Commission would like to see in terms of diverse development. Rockwell said it is actually the same density, but just in different shapes of houses. Chait agreed with Rockwell that that was what he intended to say. Bovbjerg said the impression of density or size or something not fitting in is very important. She said as much as possible, the design should take that into account. Bovbjerg said if large apartments are not going to be relegated to one area of the City and small apartments to another and single-family to another, the City will have to start mixing it up. She said the design for the mixing it up is going to be very important. Chait said the Duck Creek project is a good example that demonstrates mixing it up. Bovbjerg said she would be interested in seeing follow- up photographs of the project. Shannon said people at the meeting said they thought they had been promised that the neighborhood would be single-family cookie cutter homes. He said it was his understanding that the development of this neighborhood as initially proposed was to have included different types of residential densities and buildings, but it just did not happen for some reason. Chait said it is hard to plan and lay out a big area. He said the process has to be organic and allow for changes Planning And Zoning Commission Minutes December 2, 1999 Page 11 in the market. He said the nature of why the Commission is here is because things are not static. Supple said she found the Duck Creek plan to be acceptable, because it is an extremely difficult piece of land to develop and required something different. Ehrhardt agreed that the second plan was a lot better than the original one, but said she was still sensitive to having multi-family structures developed in an established single-family residential neighborhood. She said she is opposed to changing the Character of an area that is already there. Chair said if tile City is going to grow its urban area without growing its suburban area over the next hundred years, density in the core areas will increase and property will be redeveloped there at a higher density. He said the Commission has to be welcoming of that which is done well and in a way to better serve the people living in the outlying areas of the community. Chait said density needs to increase or the population will just spread out forever. Supple referred to an article in the Planning Commissioners Journal regarding automated parking garages. Miklo said he would point the article out to Jeff Davidson. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. Dean Shannon, Secretary Minutes submitted by Anne Schulte ppdadm/mln/p&zl 2-2-99.doc PRELIMINARY PLANNING AND ZONING COMMISSION DECEMBER 16, 1999-7:30 P.M. Subject to Approval CIVIC CENTER COUNCIL CHAMBERS . . MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson, Marilyn Schintler, Dean Shannon, Lea Supple MEMBERS ABSENT: None STAFF PRESENT: Sarah Holecek, Scott Kugler, Bob Miklo OTHERS PRESENT: Steve Rohrbach, Tom Gelman, Lynn Whisler, Larry Schnittjer, Keith Carter RECOMMENDATIONS TO COUNCIL: Recommended approval, by a'vote of 7-0, of REZ99-0013, an application submitted by Jeff Clark for a rezoning from Planned High Density Multi-Family Residential (PRM) to Sensitive Areas Overlay (OSA-PRM) for property located at 522 S. Dubuque Street. Recommended approval, by a vote of 7-0, of SUB99-0027, a final plat of Scott Boulevard East Part 4, a 7.36-acre, 15-1ot residential subdivision with two outlots for property located at Scott Park Drive and Hummingbird Lane, subject to the approval of legal papers before City Council consideration of the plat, including the incorporation of language requiring that the developer install sidewalks along the east side of Hummingbird Lane. CALL TO ORDER: Chairperson Supple called the meeting to order at 7:31 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Supple invited those at the meeting who live in Iowa City to serve on a board or commission. She said serving on a board or commission is very educational, gives an opportunity to have input into how the City progresses, and also gives the City the opportunity to take advantage of its citizens' numerous ideas. REZONING ITEMS: REZ99-0013. Public discussion of an application submitted by Jeff Clark for a rezoning from Planned High Density Multi-Family Residential (PRM) to Sensitive Areas Overlay (OSA-PRM) for property located at 522 S. Dubuque Street. (45-day limitation period expires December 24, 1999) Kugler said the development plan for this property has been revised, reviewed by staff, and approved. He said there were questions at the informal meeting about the protection of the existing tree in the right-of-way in front of this property. He stated that the discussion included a request that fencing be shown on the plan, as well as something more substantial than typical construction fencing to ensure that the tree and its root system are not damaged. Kugler said the revised plan includes construction fencing around the tree and basically everything out in Planning and Zoning Commission Minutes December 16, 1999 Page 2 front of the site except for where vehicles need to be moved onto and off the site. He said the fencing will be backed with a two by four framing to make it more durable. Kugler said it was felt that chain link fencing or something more permanent was going too far in terms of expense to protect the tree when this method would work. He added that the color of construction fencing is more noticeable for someone operating equipment. Kugler stated that there would also be a pre-construction meeting between the contractor, the subcontractors, and the City's environmental enforcement specialist to call out the areas to be avoided during construction, including the tree. Kugler said staff recommends approval of this rezoning. Supple asked where pedestrians would go with the fencing up across the sidewalk. Kugler said the sidewalk would be closed for a period of time while construction is going on. Supple asked whether parking was located along that street. Kugler said he assumed when fencing is there and the sidewalk is closed, parking would not be allowed. He said he would look into that to make sure it would be a safe situation. Public discussion: There was none. Public discussion closed. MOTION: Schintler moved to recommend approval of REZ99-0013, an application submitted by Jeff Clark for a rezoning from Planned High Density Multi-Family Residential (PRM) to Sensitive Areas Overlay (OSA-PRM) for property located at 522 S. Dubuque Street. Chait seconded the motion. Bovbjerg thanked staff and the applicant for taking the tree and the site into consideration. Supple agreed this is a difficult piece of land and said this proposal has great potential. The motion carried on a vote of 7-0. RE799-b015. Public discussion of an application submitted by Mercy Iowa City to rezone approximately 2.5 acres from Neighborhood Commercial (CN-1) to Commercial Office (CO-1) zone for property located on the west side of First Avenue at Tudor Drive. (45-day limitation period expires January 8, 2000) Kugler said this is a request to rezone 2.5 acres from CN-1, Neighborhood Commercial, to CO-1, Commercial Office. He said the property is currently vacant and contains a storm water management basin at the west end of the property. Kugler said the applicant would like to construct an office building on this property that exceeds the limitations for office space that are permitted in the CN-1 zone and is therefore requesting the CO-1 rezoning. He said the applicant has submitted a concept plan that illustrates a two-story building of approximately 20,000 square feet. Kugler said the building would be accessed from the north on the upper side of the hill on the property, and the lower level would be accessed from the south where the parking level would sit much lower than the northern parking area. Although the applicant has submitted a concept plan, Kugler said this application must first be evaluated based on the appropriateness of the proposed zoning change with respect to the Comprehensive Plan and with respect to the ability of the existing or proposed infrastructure in the area to accommodate the uses permitted within the proposed zone. He said if this rezoning is approved, the property would be deemed appropriate for any development or uses permitted in the CO-1 zone and not just for the specific, proposed office building. Kugler said it first should be determined that the proposed rezoning is in conformance with the policies of the Comprehensive Plan and can be served by the infrastructure in the area, or that these items Planning and Zoning Commission Minutes December 16, 1999 Page 3 could be met through placing conditions on the rezoning. He said if that is the case, then it would be appropriate to look at the proposed plan to determine how it fits in the neighborhood and whether, through that plan, conformance with the Comprehensive Plan can be achieved and infrastructure issues can be addressed. With respect to the Comprehensive Plan, Kugler said the general land use map contained in the plan calls for the development of a neighborhood center here, and the existing CN-1 zone is the zone generally interided for use in creating a neighborhood center. He said the CN-1 zone is intended to provide for small-scale commercial development to meet the day-to-day needs of the surrounding neighborhood. He noted that businesses that locate in the CN-1 zone should be useful to the neighborhood residents, economically supportable by the nearby population, and should not draw people in on a community-wide basis. Although office uses are permitted in the CN-1 zone, Kugler said the CN-1 zone clearly discourages the development of large stand- alone office buildings or the conversion of the CN-1 zone to mainly an office park. He said the CN-1 zone specifically places limitations on the size of offices and overall square footage of offices that can be located within each CN-1 zone. He stated that individual offices are limited to 2,400 square feet in size, and, in addition, there is a cap on the overall floor area of office space contained in the CN-1 zone. Kugler said office uses also must not diminish convenient access to retail sales and personal service businesses. He said it is clear that the intent of the zone is that office uses not be allowed to dominate the development of that zone and, by doing so, preclude other neighborhood uses from locating there. Kugler said the intent of the proposed CO-1 zone is clearly to allow office-type development, either office parks or stand-alone office buildings. He said staff feels the proposed office building is clearly consistent with that proposed zone, but clearly inconsistent with the intent of the CN-1 zone. Kugler said the general idea behind the creation of a neighborhood commercial center is to provide for small-scale services that are convenient and readily accessible to the surrounding residential neighborhood so that those residents don't have to drive across town to more regional commercial areas to meet all of their shopping or other needs. He said much care has been taken in developing the CN-1 regulations to ensure that the development of a neighborhood commercial center does not act as a major draw in bringing a lot of traffic into a neighborhood. Kugler said that would be directly counter to the whole concept of the neighborhood commercial centers. Kugler said staff feels the proposed zoning would open the door for a community-wide office facility to be introduced into what should be a neighborhood-oriented center and could preclude the development of additional neighborhood-oriented uses. He pointed out that within the area surrounding this CN-1 zone, the full market area has not yet been built out. Kugler said there is a lot of property north of Rochester Avenue that has yet to be developed, and as that area develops, the market area for this CN-1 zone will grow, and it may become a more viable neighborhood commercial zone. Kugler said just because an area is identified as a neighborhood commercial center in the Comprehensive Plan does not mean that it all must be zoned CN-1. He said the Comprehensive Plan describes the neighborhood commercial center as calling for a wide variety of uses: small scale commercial, institutional uses such as daycare centers, housing, and public areas that may be available for the surrounding residents. Kugler said there are a number of design parameters called for in the Comprehensive Plan. These include designing a commercial area to have a pedestrian orientation with stores placed close to the street and parking generally located to the rear and sides of the businesses rather than dominating the streetscape. He said to provide this kind of variety, the neighborhood center may well be made up of several zones, including some office zoning. Kugler stated that in order to find that this proposed rezoning is in conformance with the Comprehensive Plan, it would Planning and Zoning Commission Minutes December 16, 1999 Page 4 have to be determined that the proposed development fits within and would add to the development of this neighborhood center as described in the plan. He added that not all of the prior development within this zone seems to meet these criteria, which were established with the 1997 Comprehensive Plan. He said staff feels, however, that any changes or redevelopment of those sites should be working toward complying with the new design provisions and the new vision for these commercial centers, rather than detracting from them. Kugler said, in staffs opinion, the development of a 20,000 square foot fnedical office on the site will be difficult to accomplish in a manner compatible with the idea of creating a neighborhood commercial center. He said there are some potential problems in that a major office could draw from a more community-wide patronage rather than primarily from the neighborhood. Kugler said the proposed use runs counter to the idea of not allowing a neighborhood commercial center to be dominated by office uses. He said through careful site design, it may be possible to develop a commercial office use on this property that does fit within and contributes to the creation of a neighborhood center, as described in the Comprehensive Plan. He said the proposed plan, however, makes little attempt to comply with the design provisions suggested in the plan, such as creating a pedestrian orientation and placing the building close to the street and the parking to the rear and sides of the building. Kugler said this is a site plan that may fit well within a typical office park environment, but does not seem to fit within the idea of creating a neighborhood commercial center. He said while the broad building setback being proposed would introduce some additional greenery within the area, that effect is diminished substantially by the location of parking and access drives in the front. He said it also does not provide a usable open space as called for in the Comprehensive Plan. Kugler said staff feels this development would fit better within the neighborhood center if an attractive building that is oriented to the street were to dominate the view from the street, rather than the parking and access drives. With regard to infrastructure, Kugler said the main issue is access. He said access would be provided from Rochester Avenue via an existing access drive that provides access to a number of businesses within this CN-1 zone, which staff feels is a good situation. Kugler said staff does have some concerns about the proposal for a new access point along First Avenue at Tudor Drive. He said staff recommends that this access point not be permitted unless it is somehow combined with the existing access ddve located on the property immediately to the north. Kugler said it is his understanding that the two parcels are currently owned by the same entity. He said the policy generally is to minimize the number of driveways along arterial streets in order to reduce conflict points along the roadway and maintain the capacity of the artedal street. Kugler said staff therefore recommends against the creation of any new access point in this area. Kugler stated that the subdividers' agreement does provide for one access point for this property along First Avenue, specifying the Tudor Drive location. He said staff, however, feels there is a situation along First Avenue that is already difficult, with the existing curb cuts there appearing not to be well planned. He noted that many of them do not line up, and an additional drive in this area would exacerbate that situation. Kugler said with the rezoning of the property, the City has an opportunity to ensure that the situation gets no worse due to adding a new curb cut. He said it is true that under the existing zone, a new curb cut could be established here; however, the City is not obligated to approve a request to rezone, particularly if it feels the resulting development will be a detriment to the surrounding neighborhood or the surrounding street system. He stated that staff feels this is the case here, and this would be an appropriate time to reconsider the access provisions that may have been granted to this parcel in the past, under the assumption that this property would be developed under the CN-1 regulations. Kugler said because the requested rezoning is not in conformance with the recommendations and policies of the Comprehensive Plan, is not designed in accordance with the design parameters for a neighborhood center as set forth in the plan, could preclude neighborhood Planning and Zoning Commission Minutes December 16, 1999 Page 5 stores and services from locating in the neighborhood center, and does not address traffic circulation concerns that have been raised in this area, staff is recommending denial of the proposed rezoning. Bovbjerg asked how the Commission could reconcile the fact that this is a rezoning from CN-1 to CO-1 and look at the general land use and zoning while at the same time is being asked to look at a specific use and a specific style and placement of building for a specific applicant. She a~ked if the Commission should just look at the rezoning and not the plan or if it were permitted to look at the plan. Kugler replied that one thing that cannot be done through a rezoning is to rezone for a specific use. He said the basic question here is whether the land should be rezoned, and it's important to remember that if it is, any of the uses permitted in the CO-1 zone are possible. Kugler said if the Commission couldn't get past the first question as to whether CO-1 zoning is appropriate here, then it really is not appropriate to look at the specific development plan. He said staffs analysis is that it is difficult to get past that first question, but that perhaps through some design considerations, this rezoning could be found to be in conformance with the Comprehensive Plan. He said perhaps the plan could be tied in through conditions attached to zoning that reference what is seen on a site plan. Kugler said the land can't be rezoned for this specific use and for this specific site plan, but if the Commission feels there are conditions under which a rezoning may be deemed to be in conformance with the Comprehensive Plan, the land could be rezoned subject to certain conditions regarding site development. Holecek said when Kugler says the land can't be rezoned for a specific use, it means the Commission cannot, out of the menu of uses appropriate under CO-1 zoning, state that it is appropriate to rezone this property, but out of the menu select only one of the uses to be permitted on the site. She said that is not really an appropriate use of the zoning power, because it doesn't get past that first hurdle of determining that this is an appropriate land use selection. Holecek said if the Commission gets past that first hurdle and feels that the CO-1 zoning is appropriate for this site, but feels there are some negative externalities to be addressed as a result of this rezoning, certain design guidelines or design issues could be as conditions of the rezoning. Gibson asked what happens if the applicant then decides not to build a medical office building and if the building can then revert to any of the other office uses permitted in the CO-1 zone. Holecek said this could occur, but with site design guidelines that address negative externalities are incorporated as part of the rezoning, then the Commission has done its job. Bovbjerg asked if restrictions on parking or curb cuts would then go with the land and not with any particular plan. Holecek responded that such restrictions could be made part of a Conditional Zoning Agreement. In that way, any of the uses permitted in the CO-1 zone would be allowed so long as the site is designed in the approved way. She said the conditions that the site be developed in that manner would go with the land. Gibson asked if Holecek would consider this spot zoning. Holecek said she did not believe so. Gibson asked for the definition of spot zoning. Holecek said spot zoning has gone through a number of dilutions in its concept over the years. She said if the inherent characteristics of a property can be articulated to say because it is this type of property and distinguished from the ones in the surrounding area, then it is not spot zoning, because it is not an arbitrary use of the zoning power. Holecek said as a concept, spot zoning is the idea that a piece of property is zoned without necessarily any rhyme or reason. Supple said if it can be rationalized, then it is not spot zoning, and Holecek confirmed this. Public discussion: Planning and Zoning Commission Minutes December 16, 1999 Page 6 Tom Gelman. 321 East Market Street, said he was legal counsel representing Mercy Hospital and Mercy Services. He said Lynn Whisler, Bill Watts, Steve Schornhorst and Darrel Lamb were all at the meeting representing Mercy to answer any specific questions the Commission might have about this project. Gelman said Mercy Services would very much like to keep a primary care medical office conveniently located on the east side of Iowa City. He said its present office is located on Arthur Street and has been there for some time, but Mercy' Services has outgrown that location and desperately needs a new one. Gelman said a high priority is to have a convenient and accessible site for the clinic's patients. He said Mercy has been looking for over two years for a site that meets these requirements. Gelman said the principle criteria have been an east side location, something with the right zoning, a size large enough to permit a 10,000 to 20,000 square foot building to house five doctors and some other ancillary uses, reasonable accessibility, and being on a bus route. Gelman said there are very few options on the east side. He showed the east side on the zoning map. Gelman showed the CN-1 zone on the map and said there are other CN-1 zones spread around and showed them on the map. He said the only place that a medical office of this size could be located is in a different class of commercial zone. Gelman said there are very few convenient locations available for this type of facility. He said the Sycamore Mall area is a zone that could handle a medical office of this size, as could the existing Towncrest area and the area where the new Hy-Vee is located. Gelman said other than that, one has to go quite a distance -- on the other side of the interstate, the other side of Highway One, or in the industrial area -- before you get to a zone that would permit this type of development. He said there is a great area of the community in which a medical office could not be located. Gelman said due to the existing zoning pattern, the only place on the east side where you could put a medical office is where some are located now. He said in the last two years, there have been no sites available that would satisfy all the hospital's primary criteria. He said there is a big gap in the zoning map in terms of feasible locations for a reasonable size office building. Gelman said Mercy initially looked at the First Avenue site some time ago, but ruled it out because the CN-1 zoning was not appropriate. He said Mercy is again considering that same site, because of its frustration in not being able to find other available sites on the east side and because it also believes this is the best available site on the east side. Gelman said Mercy sent out notices to neighbors in the area and held a neighborhood meeting with five neighbors in attendance. He said the neighbors in attendance were all favorably inclined toward Mercy's use of this location. [Editor's note: Staff attended this meeting and observed the presence of four neighbors who were not members of Mercy staff. One neighbor stated support for the rezoning if the parking lot were screened with evergreens. A couple said they were not opposed to Mercy's office plan, but did have concerns about regional traffic and the location of curb cuts on First Avenue. One neighbor who occupied a commercial space to the north expressed his desire that parking spillover from the proposed medical building not displace parking for his customers.] Steve Rohrbach. 325 East Washington Street, said he works for Rohrbach-Carlson and is assisting Mercy in the design of the site. He gave a presentation on the existing site, the existing zoning, and the proposal for the facility. Rohrbach showed slides of the site and related it to the surrounding properties. He said the site is made up of 2.5 acres, although there is only about 1.5 acres that is developable on the site. Rohrbach said there is a twenty-foot drop from the north end of the site to the south end. He said the north half of the site is mostly fill, so that the original concept of designing a one-story, 10,000 square foot medical office building was a difficult task. He said this was because any foundation put under the building would have to go down to the original soil, which is ten to twelve feet below that area. Rohrbach said, in fact, the Planning and Zoning Commission Minutes December 16, 1999 Page 7 applicant would be paying for a lower level whether one was built there or not. He stated that the site, in its orientation, really lends itself to a multi-story building with a multi-story access from the north and from the south. Rohrbach said the applicant was forced to go with a larger building, because the cost of filling in the site and leveling it off for a one-story building would pay for the lower level underneath it when the deep foundations that would go along with it are included. Rohrbach said the original subdividers' agreement allowed for the access at Tudor Drive, as well as off the private drive. He said he understood that with a rezoning, that access provision could be discontinued. Rohrbach said the subdividers' agreement also states that any connection between the two has to be buffered so that people cannot cut through the site. He said that is a key issue, because that is something that was allowed on the property to the north, which was not part of the subdividers' agreement for this area. Rohrbach stated that the preferred development on this site is for a grocery store or drugstore, and the zoning allows up to 30,000 square feet of that type of building on the site. He said with the uses currently in this CN-1 zone and the 15% and 30% allowed for offices, the proposed building could have approximately 5,300 square feet of office space on the first floor and about 9,400 square feet of office space on the second floor, or a total of 14,700 square feet of office space. Rohrbach said this area is also designed for retail sales and childcare types of facilities. He said under the existing zoning, the zone takes into consideration Dan's Short Stop, the dental office, the commercial building, Iowa State Bank, and Drugtown. Rohrbach said there is also a 9,000 square foot vacancy in Drugtown as well as a suite available in the commercial office building of about 1,000 square feet. He said there is therefore approximately 10,000 square feet of space currently available in the CN-1 zone for future retail development so that this site is not taking away the ability of this neighborhood center to continue to support retail uses in the area. Rohrbach said this request is to rezone to CO-1 primarily because of the proposed size of the office building. He said Mercy has the need for about 9,000 square feet of office space for five to seven physicians. He said Mercy is really buying a lower level anyway, so they are therefore proposing this two-story building and access points on two sides of the building, because that is the way the topography and the site really should be designed. Rohrbach said 20,000 square feet of office space is only 37% more than what is allowed in this CN-1 zone, so this is not an overgrowth of offices in this area but is a modest bit more of office space. Rohrbach said the second floor would contain 10,000 square feet of medical offices, and the first floor would have a light office function. Rohrbach said the applicant i~ proposing an access drive off Tudor Drive. He said because of the amount of access needed to this building, this is a good thing. Rohrbach said the access to the north really cannot be controlled, because it is controlled by the property owners, Washington Park Partners. He said he feels the flow-through traffic, the connection to the private drive, and an access point at Tudor are critical. Rohrbach said there is a lot of concern in the neighborhood about Rochester Avenue and the amount of traffic there in the morning and afternoon because of Regina. He said he feels strongly that there needs to be another access point to relieve that concern. Rohrbach added that the applicant wants the medical clinic to be accessed and addressed off First Avenue so that people can drive in and access the clinic from that street. Rohrbach said there is a lot of green space available in this design. He said the applicant discussed moving the building to the front of the lot, but had a difficult time justifying putting all the green space at the back of the building. Rohrbach said they felt by moving the building back, it would be centrally accessed from either access point, would have good visibility from the Planning and Zoning Commission Minutes December 16, 1999 Page 8 Rochester access point, and good visibility from First Avenue, as well as green space to complement the corner and address the lack of green area that is represented by all of the concrete to the north. Rohrbach said the concerns mentioned by neighbors at the meeting included the need for additional buffering of the parking area. He said Mercy would be happy to supplement the drawing with additional buffedng along the south and around the parking area to make certain the parking is buffered from the i~eighborhood. Rohrbach said the building already has a substantial amount of buffering to the west because of the stormwater basin, and the garage to the south is already a strong existing buffer, as is the multi-family residence. He said the green area and the buffer along the front of the parking lot is a good buffer to the nearby residential uses, and commercial development exists to the north. Rohrbach said the applicant has suggested a green area along the north side of the property to bring some trees and greenery into the site in lieu of just connecting the parking lots together. Rohrbach said he believes the site to be very pedestrian oriented. He said the sidewalk running along First Avenue will be continued, and there will be two main access points off of that, with pavers across the drives to direct people via a sidewalk to the entrances. Rohrbach said the applicant would work with Washington Park Partners to have a pedestrian access through their commercial area. He said this building could be a very contextual part of a neighborhood zone and a very good neighbor to everything that is going on here. Rohrbach said the building would be designed in a residential style with gabled roofs and the use of masonry and brick so that it would complement the adjacent apartment house and the many brick facades in the area. He demonstrated computer-generated images of the site from different perepectives around the site. Rohrbach said the building would be designed within the context of the site and would not require moving a lot of dirt around. He added that the scale of the front of the building would be brought down to a pedestrian scale, with the grade going down to the back of the site. Rohrbach said the building is very contextual with the area, the scale of it fits nicely within the area, and it complements the architecture of its surroundings. Rohrbach said he did some analysis of the CN-1 zone and offered a couple of site designs. He said if the site were designed for a CN-1 function, a 24,000 square foot building would be allowed on the site. Rohrbach said the CN-1 zone would allow 5,800 square feet of office on the first floor, 6,200 square feet of retail on the first floor, and 12,000 square feet total. He said there would be 9,900 square feet of office on the second floor, another 2,100 of retail, with a total of 12,000 on that floor. Rohrbach said that building could support office uses of 15,700 square feet with an additional 7,300 square feet of retail. He said the design would also allow 120 parking spaces on the site. Rohrbach said it would fit into the site very well, but would have very little green area and the two entrances could not be connected together. He stated there would therefore be a great deal of parking and traffic going out onto Rochester Avenue that couldn't get out onto Tudor Drive. Rohrbach said another concept for this site is a grocery store, which is really the preferred use for the CN-1 zone. He said the zoning allows up to 30,000 square feet for a grocery store, although the site would not support it because of the required parking. Rohrbach said this site would allow 100 parking spots or a 20,000 square foot one-story grocery store, which would result in a lot of trucks on Rochester Avenue and would demand the total regrading of the entire site. He said the proposed development is therefore not a more dense development in terms of site utilization. Rohrbach said there is more office space proposed in the building than what the CN-1 zone allows, but an office use would not create more traffic than what the CN-1 zone allows. He said the applicant is trying to be sensitive to the needs of the CN-1 zone. Planning and Zoning Commission Minutes December 16, 1999 Page 9 Rohrbach said this rezoning makes sense for several reasons. He said it is an office building use that fits in with the area. Rohrbach said the way medicine is going to health maintenance organizations these days, the idea of commercial neighborhood centers having small office areas is problematic in that the idea of a local, neighborhood doctor in a 1,200 to 2,400 square foot suite just doesn't exist on the east side of Iowa City. He said the trend is toward bigger clinics, with doctors grouping together in larger organizations. Rohrbach said the CN-1 zone calls for that type of medical activity here, but health care no longer exists in that type of small entity. He said the applicant still feels this is a good function here. Rohrbach said the site utilization is less dense with this rezoning in terms of parking and land use, and there would be a larger green area with a smaller building footprint. He said there is potentially less traffic to the neighborhood, because the applicant is proposing 99 parking spaces, and a larger development could have 120 spaces. [Editor's note: The examples of potential neighborhood commercial developments provided by the applicant may not accurately reflect the provisions of the CN-1 zone. Staff intends to follow up with clarifications for the Commission at an upcoming meeting.] Rohrbach said the 24,000 square foot office building in the CN-1 zone could support seven 2,400 square foot medical office spaces and with two doctors per office space, there could potentially be 14 doctors in that CN~I zone on that site. He said this proposal is for a medical clinic of five to seven doctors, so in fact there will be less of a patient load than there could potentially be in the CN-1 zone. Rohrbach said a critical issue is that site development would be minimized. He said there would be good pedestrian access to and from the CN-1 retail area and the neighborhood. Rohrbach stated there would be walks, green area, and open area that are very complementary to that area. He said the parking would be screened from the neighbors, and the light level in the parking lots would be a lot lower than if the building were a grocery store or a commercial retail area with very bright lights. Rohrbach said Mercy would be a good neighbor. He said Mercy does a good job of maintaining its facilities as evidenced by the hospital, and the site will be attractive. Rohrbach said he welcomed the Commission's ideas and thoughts and wants to make this a win-win situation for everyone involved. He said this is a good project with good reasons for it. Tom Gelman said the First Avenue site lends itself particularly well to a primary care medical office and can be developed under the CO-1 regulations in a manner that is compatible with the surrounding, existing commercial and residential areas. He said the CO-1 development proposed is more appropriate for this particular area, based on topography, proximity to residential areas, proximity to other nearby commercial areas, and in relationship to other permissible CN-1 uses. He said staff's position seems to be largely based on preserving the land for future small retail uses. Gelman questioned whether this is a reasonable reflection of the reality of the current development in the area and the future needs of the area. He stated that he believes staff has put form over substance in many respects. Gelman said in order for Mercy to use this site, it must be rezoned from CN-1 to CO-1. He said the narrow issue is the intensity of the office use, not the use, as this is a permissible use in a CN-1 zone, nor the density of the development. Gelman said the site could be developed more densely in a CN-1 zone than Mercy is proposing to develop in a CO-1 zone. He said the narrow issue is really simply the intensity of the office use. Gelman said the intensity of the use is a function of two elements. He said first, the size of the office is one of the elements. He stated that in a CN-1 zone,. there cannot be an office bigger than 2,400 square feet. Gelman said the reality of the way medicine is practiced today is that very few doctors have practices in offices of 2,400 square feet or less. He said the realities of medical practices in 1999 and the 21st century are not solo practices, but are group practices. Planning and Zoning Commission Minutes December 16, 1999 Page 10 Gelman said if doctors' offices are to be in neighborhoods, there will have to be accommodations to those neighborhoods to permit offices of more than 2,400 square feet. Gelman said the other element of intensity of use has to do with the percentage of office use. He said Mercy proposes to increase the percentage of office use that would otherwise be permitted in this neighborhood area. Gelman said, however, the Commission needs to look at the entire picture and what else is in the vicinity. He said there is substantial commercial development only; a few minutes away from this site, at which most of the other functions that are recommended for CN-1 zones already exist, including a huge grocery store with a florist shop, photography shop, two restaurants, and a pharmacy. Gelman said the likelihood of replicating that in this location is therefore diminished substantially. Gelman said that presumably, the reason for restricting the percentage of office space is to create a neighborhood business mix, but the actual neighborhood to be dealt with here must be looked at. He said there are some unique features in that this area is not a fully built-up residential neighborhood and never will be, due to two very large educational campuses: Regina and City High School. Gelman said the area that they cover is enormous. He said if those areas were residential housing, the intensity and density of residential use in this area would be much greater, but that is not the reality of this site. Gelman said the current mix of businesses at this location includes a bank, dentist, drugstore, convenience store, pet shop, pizza shop, sub shop, gas station and a chiropractor. He said there is additional square footage for further mixes of uses of the existing space. He stated that there is substantial neighborhood-type commercial space just a few minutes away at Muscatine and First Avenue, where all these other anticipated uses presently exist. He said that makes it more competitively difficult to bring them in at this location. Gelman said the City's Comprehensive Plan appears to call out this area at the intersection of First and Rochester to provide neighborhood commercial establishments. He stated that this is principally so because of the historic uses in the area. Gelman said the plan does not specify that this has to be accomplished through a CN-1 zone or a CO-1 zone or any particular commercial zone. He said while the CN-1 zone is intended to be compatible with a neighborhood commercial area, there is no reason why a CO-1 zone cannot also be compatible. Gelman said Rohrbach has shown precisely how a CO-1 zone can be compatible and in some instances more compatible than a CN-1 zone. Gelman said the Comprehensive Plan describes a commercial zone with a neighborhood orientation to be for the convenience and service of the neighbors. He said this is precisely why Mercy Hospital has chosen this location to have its primary care office, for the convenience and service of its patients. Gelman said the question is how big a neighborhood are we dealing with. He said that brings us back to the reality of how medicine is practiced. He said that for a group practice, which is how medicine is done in 1999, the neighborhood has to be somewhat larger. Gelman said the staff report could be construed to suggest that it is preferable to inconvenience many more people with a demonstrated need to access primary care, in order to preserve convenience for fewer people to access potentially, but as yet unknown retail establishments. Gelman said this would be an unfortunate interpretation of the Comprehensive Plan. He stated that there is no denying that medical care is required to meet the needs of a fully developed residential neighborhood. He said it just is not done in small practices anymore, and therefore the service neighborhoods are typically somewhat larger. Gelman said this should not require the offices to be located in inconvenient.locations, which is essentially what the staff report has suggested. Gelman said the east side has already lost one primary care office with the OB/GYN doctors moving to Coralville in January. He said this will profoundly inconvenience patients living in the Planning and Zoning Commission Minutes December 16, 1999 Page 11 neighborhoods in east Iowa City, and the lack of available office sites may have made a difference to that particular office before it decided to move to a far distant location. Regarding street access, Gelman said in connection with the subdivision of this commercial area, there was a subdividers' agreement entered into with the City of Iowa City that is explicit in its referencing the use of Tudor Drive as the appropriate access for a CN-1 zone. He said this site could be developed more intensely than it is being proposed to be developed, and there is nothing that could be done to prevent that access at Tudor Ddve from being used. Gelman said it is a logical and appropriate access, and the City of Iowa City previously agreed to that that in fact would be the access point. He said Mercy Hospital does not control the owner of the adjacent property. He said he has discussed the possibility with them of sharing an access, and it has not been made available. Gelman said also that it is not a requirement for this site under the current zone, and it need not be a requirement under a different zone. Gelman said the building location was also made an issue in the staff report, as staff would prefer the building closer to the street with parking in the rear and on the sides of the building. He said that is not compatible with the topography and not compatible with the neighborhood. Gelman said the reasons for staff's suggestions are not clear. Gelman said initially the zone needs to be modified from CN-1 to CO-1, which can still be done consistent with the Comprehensive Plan, in order to accommodate a larger office size. He encouraged the Commission to vote favorably on Mercy's request to rezone the First Avenue site. Lynn Whisler. 500 East Market Street, said she is the Vice President of Operations at Mercy Iowa City. She thanked the Commission for the opportunity to present this proposal. Whisler said Mercy had the opportunity to get feedback from neighbors in this area and sincerely feels that using this parcel of land to relocate the Iowa City Family Practice, allowing it to stay on the east side, is really a very compatible and complementary use of the property. She said Mercy actually feels that using the slope of the lot to develop a two-level building is a much less disruptive process for the neighborhood. Whisler said when Mercy met with the neighbors on December 9, the neighbors gave some very positive feedback and indicated that they would like to see Mercy as their neighbor and were supportive of the idea and the location. She said neighbors did express their concerns over making certain there is adequate landscaping around the parking areas to screen their homes. Whisler said neighbors were not opposed to looking at a well-designed building, but did not want to look at concrete, which is something that Mercy can easily address. Whisler said neighbors were also concerned about the impact the building might have on further traffic congestion at the Rochester Avenue location opposite Regina. She said Mercy feels strongly that the building shodld be addressed and oriented toward First Avenue, and allowing the entrance on First Avenue will dramatically minimize that concern of being part of any additional traffic congestion on Rochester. Whisler added that the high traffic times for this office would not be at the prime times when school is starting and finishing for the day. Whisler said the neighbors also expressed an interest in having a very aesthetically pleasing building on the site, and Mercy would make every effort to blend the building in with the neighborhood, giving it a residential feel. She asked the Commission to give careful consideration to the request to rezone this property and said Mercy would appreciate any feedback the Commission would like to give. Gibson asked if Mercy intends to occupy this entire building initially with its activities. Whisler said probably not initially; she said the second level would be fully occupied by the Iowa City Family Practice Clinic. She anticipated that the lower level would house administrative functions that Mercy does not have space for on its existing campus. Whisler said it would not be high use Planning and Zoning Commission Minutes December 16, 1999 Page 12 space in the sense that it would not have patients and would not have a lot of additional activity. She said the lower level may house a PHO with three employees, as well as the home health care agency office function and possibly medical record storage. Gibson asked if parts of the building would be leased to any non-Mercy functions. Whisler said it was possible; she would not want to say it would never happen. , Bovbjerg asked about the square footage that the medical office and ancillary groups currently have. Whisler replied that the current square footage is about 3,200 to 3,400 square feet. She said they have been severely handicapped in their flexibility in seeing patients. Whisler said some of the square footage is actually to improve some of the support space for the clinic, e.g. private offices for the physicians and lab space. She said the current office is really undersized to do justice to some of the things that require reasonable support space. Ehrhardt asked what research indicates regarding what area of Iowa City this clinic will draw from. Whisler responded that the majority of the patients using the clinic are from the east side. She stated that zip code analysis shows that 50 to 60% of the patients that use the practice do live on the east side. Ehrhardt asked if that referred specifically to the east side of the river. Whisler said it refers to the 52240 and 52245 zip codes. Ehrhardt asked why the Sycamore Mall was not considered. Whisler said there is a strong desire among the physicians in the practice to be in a residential setting, as that is more appealing and suitable for their patient population. She said there is also still some stigma to a family practice being located in a shopping mall that is contrary to the basic image and philosophy that the practice has. Ehrhardt asked Holecek about the legal requirements regarding access. Holecek said the CO-1 allows a totally different menu of uses than was contemplated by the pdor subdividers' agreement under which it was a CN-1 zone. She said with a change in zoning, the Commission is not necessarily bound by the prior agreement to allow an access at Tudor. Gelman said his assertion is that the real estate, being a lot in the subdivision, is subject to a subdividers' agreement with the City of Iowa City, which dictates where access is to be had. He said there is nothing inherent in the changing of the zoning that would affect that, unless something makes that a requirement of the change in the zoning. Chair said with the current zoning, that access point is granted and committed to. He said when this comes before the Commission for a rezoning, there is an opportunity to revisit what was granted in the previous zoning. Gelman agreed that is what the staff report suggests, but his contention is that the access point is a subdivision issue, not a zoning issue. He said logic would dictate that the Commission would consider access points if somehow the use became more intensive, but he said this particular use is less intensive than some CN-1 uses that could be on the property, under which scenario there would be no chance to discuss access. Chait said the fact that the access is there now does not mean it needs to be there. Given the current rezoning request, Gelman agreed that it puts this issue back on the table. Public discussion closed. MOTION: Chair moved to defer REZ99-0015, an application submitted by Mercy Iowa City to rezone approximately 2.5 acres from Neighborhood Commercial (CN-1) to Commercial Office (CO-1) zone for property located on the west side of First Avenue at Tudor Drive, to the January 6, 2000 meeting of the Planning and Zoning Commission. Gibson seconded the motion. Chait said the presentation given by staff was compelling, as was Rohrbach's presentation. He said he feels very strongly that there is a good possibility that this could happen. Chair said Planning and Zoning Commission Minutes December 16, 1999 Page 13 there is a lot of room for compromise in the two positions, and he would like to see some effort made to bring them together before the Commission's next meeting. He said the philosophical distinctions between placing this type of facility in this location versus some neo-traditional redesigned Sycamore Mall area gets down to the philosophy of where the owner wants to do business and in what environment. Chait said he would see this as something that could be integrated into the neighborhood and into the concept of a neighborhood commercial center. He said this could be a well-done project. Chait said this might be better suited on Scott Boulevard where there will soon be a lot of bigger, medical assisted-living type facilities, but that is not what the doctors want either. He said the Commission does have to look at the practice of medicine and in what kind of communities and neighborhood centers it happens in, as opposed to the way the ordinance has evolved over the last 20 to 40 years. Chait encouraged the applicant and staff to work together to get two very compelling arguments to come together so that this can be supported in some way. Gibson agreed this was a compelling presentation. He said, however, that most of the physical issues are not a big deal to him as they are all pretty well addressed. Gibson said the issue is the one staff made and the applicant chose to discount as being significant, and that is the adequacy of land in this area for development of CN-1 type uses. He said the Commission has been struggling with this concept for all the years he has been on the Commission. Gibson said he did not find the fact that there may be thousands of square feet of empty space in that CN-1 zone as being wordsome in the least, because land is a very finite resource. He said the space will fill at some point, and there will be no room for something else at some point. Gibson said that would be unfortunate, because he does believe in the notion of CN-1 zones. He said he did not know whether they were totally practical or not, because it is a judgment call. Gibson said several years ago in a similar situation, the Commission was asked to approve a very large grocery store at Scott Boulevard and Court Street. He said the argument was made that grocery stores are no longer small, have to be big, and therefore draw from larger areas. Gibson said the same argument was made here with regard to medical care. He said what this says is that the facility would draw not just from a larger neighborhood, but the reality is that this is starting to draw from a very large region. Gibson said he has a little trouble saying we should destroy the reserve of residential neighborhood zones, simply because some professions have, for whatever reason, decided to get larger. He said putting medical activities in this location would tend to make the notion of the neighborhood commercial operation go away. Gibson said indeed maybe that should happen; he really did not know. He said the economic reality might be that everything is so big now that people drive miles to avail themselves of any services. Gibson said the applicants stated they have reviewed everything else in eastern Iowa City and could not find anything that was currently zoned for this large a medical office. He said the applicant did not find a place currently zoned for a medical office on this site, but found a location they thought could be rezoned to satisfy the need. Gibson asked the applicants to consider and staff to research other potential locations in eastern Iowa City that might be rezoned that would not detract from the reserve of neighborhood commercial space and would therefore satisfy both of these requirements. He said if this property can be rezoned, surely we can rezone somewhere else, and there must be some land, perhaps even residential land, that could be selected for this use that would satisfy the physical requirements the applicant has in mind, but not detract from the neighborhood commercial zone potential in this neighborhood. Gibson said this neighborhood is growing, and he does not accept that the neighborhood cannot reach its full potential because there are two schools. He said that is reality; that is true of anything that happens in that neighborhood. Gibson said the question is whether there is adequate customer supply to run these activities. He said there is enough opportunity for considerable residential growth in this neighborhood, and whether the growth is enough or not goes back to the question about neighborhood commercial zones. Planning and Zoning Commission Minutes December 16, 1999 Page 14 Bovbjerg said she has some of the same concerns as Gibson. She said the reality of how people do business has to be considered as it is changing. Bovbjerg said to what extent a person changes behavior because of zoning and building versus to what extent zoning and building follow behavior is always a question. She said she would be considering bulk versus density versus variety. She said because a certain size of building or use is allowed does not take away from the issue of allowing for a variety of uses in the neighborhood in a given square footage or whether there should be the same kind of square footage devoted only to one use. Supple stated that she is concerned about traffic on First Avenue. She said First Avenue and Rochester Avenue are both arterial streets and will both be carrying a great deal more traffic. Supple said she was concerned about extra access points there, although whatever is developing in this area could bring extra access points. She agreed with Chait in that she would like to find a way to do this, but she does not like the idea of rezoning the property. Supple said she would not mind considering the possibility of changing the neighborhood commercial requirements. She said perhaps some accommodations in the neighborhood commercial requirements could accommodate the needs of Mercy and yet not dilute the intent of the neighborhood commercial zone. She said it would be one approach to the suggestion that some compromise be found. The motion to defer carried on a vote of 7-0. DEVELOPMENT ITEM: SUB99-0027. Public discussion of an application from Plum Grove Acres for a final plat of Scott Boulevard East Part 4, a 7.36-acre, 15-1ot residential subdivision with two outlots for property located at Scott Park Drive and Hummingbird Lane. (45-day limitation period expires January 8, 2000) Kugler said this is a final plat, and it appears to be in conformance with the subdivision regulations and the approved preliminary plat for this property. He said all deficiencies that were identified with this plat have been addressed, and it is ready to be voted on. Kugler said there were a couple of changes to note. He said the plan has been revised so that Outlot B has been removed and is now included as part of the Hummingbird Lane right-of-way. Kugler said the adjacent property owner raised some concerns about the parcel initially, and the inclusion of that as right-of-way will take care of his concerns in terms of frontage and his ability to subdivide the property and still have access to the street in the future if he should choose to do so. Kugler said it also allows some flexibility for the City when it installs the pedestrian walkway. He said there are potential grade problems involved with that project, and the additional land could help make up for that somewhat. Kugler said that has therefore been changed on the plat. Kugler said a tree protection plan has been approved for Lots 79 and 80 and should be referenced in the legal papers. He said staff is recommending fees in lieu of the actual dedication of open space in this case. Kugler noted that the memo provided to the Commission before the meeting deals with an issue staff had discussed and he initially passed on to the applicant's engineer, but failed to include in the staff report - the issue of sidewalks on the east side of Hummingbird Lane. He said that typically when a property is developed for residential use, the applicant is required to install sidewalks in front of outlots at the same time the streets are developed, but the rest of the sidewalks are then installed as the individual properties develop. Kugler said that will occur in this location and the legal papers will account for the one piece of sidewalk along Outlot A. However, he said that in this case there is no incentive for the installation of the sidewalk along the east side of Hummingbird Lane. Kugler said this could be a future assessment project, but that has not typically been the process of the City. He said therefore, staff is recommending that Planning and Zoning Commission Minutes December 16, 1999 Page 15 those sidewalks be required at this point along with the development of the street. He said that way the sidewalks are in as a direct result of the development of this land, and that issue won't come up in the future for the adjacent property owners. Kugler said staff's recommendation is for approval, subject to the approval of legal papers prior to City Council consideration of the plat. He said unless directed otherwise, staff will work to have the language regarding the sidewalk incorporated into the legal papers. Supple asked if the developer owns the land on the east side of Hummingbird. Kugler said the developer owns all of area to be dedicated as right-of-way, and the sidewalk would be within the right-of-way. Bovbjerg said asking the developer to install sidewalks does not legally impinge on the property owners that are already there whose houses are still in the County. Kugler said just like the development of the read, the installation of the roadway and the infrastructure would be the responsibility of the developer as a result of the proposed lots on the west side of the street. He said they may have reached some agreement regarding some cost sharing on the construction of the roadway, and he was not sure what was decided on sidewalks. Kugler said the requirement is on the developer, not on the property owners in the County. Holecek said the sidewalk would be on property currently owned by the developer and would be within the City of Iowa City and within the right-of-way that has been created as a result of this plat. Bovbjerg asked if the developer would have to work out things like grading and restoration with each property owner, and Holecek responded that he would not, because this would occur on the developer's property. Public discussion: Larry Schnittjer, 1917 South Gilbert Street, said he was available to answer any questions about the subdivision. Regarding the sidewalk, he said he was not anticipating putting it in, but if there is some way it can be worked out with the developer and his attorney to the satisfaction of the City, then he would not have a problem with it. He said however that those parties would have to agree. Kugler said staff is trying to avoid a situation where those properties might be involuntarily annexed as a result of some other annexations and then some assessment project would require a sidewalk to be installed at the same time. Chait said the street is in the City, the right-of-way including where the sidewalk would be located on the east side of the street is in the City, and the City standard is for sidewalks. He said this is a deal for the County people who are not yet in the City, but he felt this should be done to City standards when the road is improved. Keith Carter. 3740 Hummingbird Lane, said his house is on the second lot north of the pedestrian walkway. He asked if the Outlot B that is now proposed to be a right-of-way would conform to City standards for ~rontage to a public street. He asked if the lot south of his house were subdivided to mirror Lots 79 and 80, would it satisfy what the City requires for frontage for a lot through the right-of-way. Kugler said with Outlot B eliminated and included as right-of-way, regardless of where the street goes, the lot has frontage along a public street along its full front property line as it would have if the street ran straight in front of the property. He said the configuration would not inhibit at all Carter's ability to subdivide that lot. Kugler said there would perhaps have to be a longer driveway, because the lot is a little farther from the roadway at the south end as a result of the street design. He added that the setback for any development on the property would be measured from the right-of-way line, which is farther back from the street than is typical, but other than that, there will really be no difference. Carter said he wanted to know what potential problems he would have based on the developer's plan and based on the configuration of the street, which is now curved, resulting in a triangle of land adjacent to his property. Holecek said the City cannot make representations as to what will be granted in the future for access points or curb cuts, because the size of the lots to be Planning and Zoning Commission Minutes December 16, 1999 Page 16 developed is unknown at this time. Carter asked what would happen if he mirrored Lots 79 and 80. Chait said the fact is that the outlot would become public right-of-way, and the frontage is still on that public right-of-way, and so Carter could subdivide similar to Lots 79 and 80. He said the worst thing that would happen is that there may be a somewhat longer driveway, because the street is further away. Regarding the sidewalk to be installed, Carter asked if it were on the east side of the street abutting his property line, what his responsibilities would be. Holecek said he would have to perform snow removal, because the sidewalk would still be against right-of-way. Kugler stated that if other property owners affected by the addition of sidewalks have an issue with that, it could be raised before City Council. Public discussion closed. MOTION: Bovbjerg moved to recommend approval of 8UB99-0027, a final plat of Scott Boulevard East Part 4, a 7.36-acre, 15-1ot residential subdivision with two outlots for property located at Scott Park Drive and Hummingbird Lane, subject to the approval of legal papers before City Council consideration of the plat, including the incorporation of language requiring that the developer install sidewalks along the east side of Hummingbird Lane. Shannon seconded the motion. The motion carried on a vote of 7-0. DISCUSSION OF A REQUEST BY ACT FOR CONSIDERATION OF AMENDMENTS TO THE SIGN REGULATIONS: The consensus of the Commission was to have staff work on this issue. Miklo said the item would be fairly simple, and the enforcement staff would be willing to work with the planning staff on this. The consensus was to put this item as number four on the pending list. CONSIDERATION OF THE DECEMBER 2. 1999 PLANNING AND ZONING COMMISSION MEETING MINUTES: MOTION: Chait moved to approve the minutes of the December 2, 1999 meeting of the Planning and Zoning Commission, as amended at the informal meeting. Bovbjerg seconded the motion. The motion carried on a vote of 7-0. OTHER: Chait said, regarding the Mercy Hospital request and the Commission's process, that he uses an expression that you can change the situation or you can change the way that you relate to the situation. He said the Commission could change the situation by simply denying the request or could change the way it relates to the situation by looking into the possibilities of having the neighborhood commercial be redefined in such a way that would allow for this type of a use. Chait said the Commission does not have a chance to have the kind of dialogue and interaction that is present in other committees that he sits on. Chait said there are some valid points in terms of what society will look like in the next five to ten years and in terms of what will happen in neighborhood commercial zones. He said he would like the Commission to look at what the neighborhood commercial allows. Bovbjerg suggested that those kind of discussions could be held at the Monday night informal meeting without going beyond the boundaries of what is supposed to be done legally at any meeting. Holecek asked Chait if he would like to see the vision of the CN-1 zone revisited. Chait said Supple had suggested that, and he felt it would be a good place to start in terms of this compromise. Holecek asked if he was considering discussion of this issue in the context of the Planning and Zoning Commission Minutes December 16, 1999 Page 17 Mercy Hospital request, and Chait said he wanted to consider changes in a general context of what happens in the neighborhood commercial zone. Bovbjerg said if the Commission feels that a modification is in order because of changes in society, it could certainly discuss whether the CN-1 is realistic, expansive enough, and useful. Chair referred to the applicant's point that doctors don't practice in small, solo offices anymore. Miklo said the point is whether or not large doctors' offices are appropriate in the CN-1 zone. He stated that there are other zones that allow them. Bovbjerg referred to articles that Commission members might be interested in and said she would provide copies to any interested member. ADJOURNMENT: The meeting was adjourned at 9:33 p.m. Dean Shannon, Secretary Minutes submitted by Anne Schulte ppdadmin/min/p&zl 2-16-99.doc MINUTES RIVERFRONT AND NATURAL AREAS COMMISSION WEDNESDAY, OCTOBER 20, 1999 IOWA CITY MAIN LOBBY CONFERENCE ROOM MEMBERS PRESENT: Lynn Rose, David Thayer, Larry Wilson, Jeff Gillitzer, Kathy Janz, Kevin Kacena MEMBERS ABSENT: Russell Bennett, Mark Graham, Gretchen Grimm STAFF PRESENT: Brad Neumann, Melody Rockwell, John Yapp OTHERS PRESENT: Mark Smith, Jim Throgmorton GALL TO ORDER Chairperson Rose called the meeting to order at 5:30 P.M. Rose made the presentation of new committee members. Kevin Kacena is the representative for Johnson County and Kathy Janz is the representative for the City of Iowa City. Kacena introduced himself as living near the Coralville Spillway. He said he is interested in the wetlands and such. He joined the commission as he felt this would be a good way to get involved. Janz introduced herself. She is professor of health promotion. Her work measures how people move in their environment. She said that the longer she does the work it becomes clearer that the most important variable is the environment. Mark Smith was also introduced. He is considering making application to the commission and was observing the meeting. PUBLIC DISCUSSION OF ITEMS NOT ON AGENDA Kacena noted that he went to the Johnson County Soil and Water Conservation Tour. He noted that he was very impressed with the new manmade wetlands on Fry Town Road on DNR property. It was very interesting. On existing wetlands the DNR noted that there was 11% nesting of water fowl and on the new wetlands there is 22-30% nesting. This is due to predators not being on the new wetlands and that the vegetation is better for feeding. Janz noted that this is 500 acres and on County Road F-52. Kacena noted the article in the Cedar Rapids Gazette on prairie blooms being harvesting. The Iowa State Extension is collecting seed. He suggested some volunteers from RNAC could maybe do some planting next year. Kacena also inquired about the operation of the dam by the Corp of Engineers. People in the county feel that water is being let out too fast and causing erosion along the banks. Wilson then noted that a controlled burn would be taking place at Camp Cardinal on October 21, 1999. This is the first time in a long time that a controlled burn has taken place. Rockwell then informed the group of the free seminar called "Wetlands Over Lunch" that takes place on the third Wednesday of each month. The classroom is in Room D at the Iowa City Public Library at noon. She said there are state and national presenters. She noted that the topic on this day was a study on how wetlands can affect nitrate removal. She felt the presentation was fascinating. Riverfront and Natural Areas Commission Minutes October 20, 1999 Page 2 Thayer then suggested that the commission send a letter of thanks to Marie Ware for the assistance she had given the commission. Wilson noted that there will be a reception on Wednesday, October 27, 1999, from 4:30-7PM at Coralville City Hall. She will be leaving the Coralville Recreation Department to go to a pdvate foundation in Mahaska County. Rose then spoke of the Annual Report that includes each of the city commissions. She noted to the new members the work that has been completed by RNAC and its future goals. Rose then spoke of recruiting. She is said there still is an Iowa City position to fill. Neumann said there are three terms up at the end of the year. Thayer said his position is up and he will re- apply. Wilson noted that his term is up also. Kacena said he is a fill-in and his is up. Neumann said he would check into the Johnson County position to see if Kacena was appointed for the next three years. Rose commented that there is a position open on the Johnson County Conservation Board at the beginning of the new year. They meet on the third Wednesday at 5:30 PM and the term is five years. The current person has indicated he will not re-apply. Applications are available at the county administration building. Rose then said she sent a memo out in September and there was a copy of a flier of the Iowa Water Project. This is run by the DNR and was started with state and federal funds to begin a statewide volunteer water quality monitoring network. She believes that this is one manner that the commission could become involved with water quality issues. She said that there are workshops available. Rose said at the city level one of the things that needs to be considered is the storm water and sanitary water runoff regulations that are coming down the pike. The regulations do not necessarily blend well with the standards. Rose will be working toward starting a local movement to develop a volunteer water quality monitoring network. She said if anyone is interested please let her know. Janz said that she is on the State Commission For Healthy Iowans 2010. She said one of the major goals is monitoring water quality. She volunteered to contact the county contact for information. The minutes from the August 18, 1999, meeting were reviewed. Motion was made to approve the minutes by Thayer with Wilson seconding the motion. It was passed by unanimous consent. REPORT FROM JCCOG REGIONAL TRAILS AND BICYCLING COMMITTEE Grimm was not present to report; however Yapp was present at the meeting and reported on the JCCOG Regional Trails meeting. He noted that the IDOT is developing statewide policies for the design of state roads. Bicycle and pedestrians facilities are being built into the design of state roads. This is a new and positive move on the part of the DOT. He also noted that there has been an update to the Iowa City Urbanized Area Bicycle Trails Plan and this has been adopted by the Johnson County Council of Governments Board in August. The Board of Supervisors is developing a countywide trails plan and there will be a public hearing on the plan on October 25, 1999, at the county boardroom at 8PM. Rose then noted that Lori Goetsch, who used to be a commission member, has a Ph.D project that consists of a constructed wetland at the south wastewater treatment plant. There was an article in the fall Project Green newsletter. She passed out a copy of the article to board members. REPORT ON SUB-COMMITTEE ON THE CREEK MAINTENANCE VISIONARY PLAN Gillitz. er began by saying that the committee met with the charge of using the Stanley Report as a potential guide in the development of a procedural outline to be applied to Iowa City's creeks. Riverfront and Natural Areas Commission Minutes October 20, 1999 Page 3 Gillitzer highlighted the ten steps that the committee arrived at as follows: · Finalize the mission statement · Finalize the goals and objectives · Identify the creeks that are being dealt with. Those for consideration are Ralston, Willow and Rapid. Muddy and Snyder were questionable because of jurisdiction. · Inventory of resources · Land ownership pattern and acres >Maps of development areas and undeveloped areas ' > Maps indicating vegetation masses and types > Existing strengths and weaknesses for the areas > Neighborhoods that span area · Inventory of each creek's characteristics > Capabilities of handling run-off > Existing levels of development > Existing trouble spots such as bank erosion, flow rates, poor water quality and general vegetation patterns · Identify stream segments requiring specific solutions · Develop proposed amenities by identified segment such as bike trails and scenic overlooks · Plan for public input · Implementation strategy plan This is to serve as an outline for projects. Gillitzer recommended a sub-committee to work on identified areas. Rose said that Neumann recommended that the assessment issues could be forwarded to Urban and Regional Planning's field problems class. Neumann said he did forward the information and had not heard anything from the class to-date. NORTH PLANNING DISTRICT PRESENTATION Melody Rockwell and John Yapp from the Planning Department gave their presentation regarding the North District. Rockwell began by outlining the district plan process. There are ten districts in Iowa City. Iowa City policy has been to increasingly involve citizens in the initial stages of planning. This started in 1994 when nine task forces were assembled to come up with policies around arts and culture, economics, environmental protection, etc. Then a comprehensive plan was derived based on the task force policies and objectives. It was determined to use the neighborhood as a building block so that it would be looked at in terms of developing new neighborhoods and improving older neighborhoods. In the South District there was a plan for the development of a couple of new neighborhoods in the area. This was the first time that citizens participated in the planning process. In the South Central District, along Hwy. 1, there is an area that is very commercial. Along Riverside Drive and the dver is a conglomeration of industrial, institutional and residential and manufactured housing. South of the airport and west of it the area is very rural in nature. The planning staff met with property owners and others who were interested. This is still being worked on and is before the Planning and Zoning Commission. The item that is of contention is an east-west arterial that would go from Mormon Trek Boulevard and skirt south of the airport and cross the river. This is an on-going process. There was the citizen process for the Northeast District that followed. First Avenue and Hickory Hill Park issues did make it difficult to achieve cohesion; however worthwhile planning principles did emerge out of the process to preserve natural features, to provide pedestrian and bicyclist connections, to build streets that enhance neighborhood quality, to create and upgrade Riverfront and Natural Areas Commission Minutes October 20, 1999 Page 4 neighborhood parks, and to plan for commercial areas to function as neighborhood centers. Rockwell went on to say that because of that process the whole idea of how Captain Idsh Parkway and Scott Boulevard would connect came out of the public discussion. Staff appreciates ideas that come out of these meetings like creating a reservoir park while also creating an amenity for the neighborhood, using a green square as a focal point for the neighborhood and having an arboretum along 1-80. With the north district that is coming up there will be citizen planning meetings as well. Yapp highlighted issues that need to be addressed. The area' is being split into two general neighborhoods east and west of Dubuque Street. The area west of Dubuque Street is called the Terrell Mill neighborhood and the area east of Dubuque Street is called the Shimek Neighborhood. There is the Willlares Pipeline that runs through the district that plays a substantially significant role in the planning of the area. Yapp went on to say that one of the major differences with this district is that most of the area is already developed. The infrastructure is already in place and neighborhoods are already laid out. One question that will be proposed to the public is what areas should be preserved and enhanced and also what aspects need to be changed? Some of the other issues include environmental issues, commercial development issues, traffic circulation, land-use diversity and other major infrastructure issues. Yapp also pointed out another issue that the commission may be interested in is the uses and development of the area along the riverbank and within the floodplain. Much of the property along the river and in the peninsula is in public ownership. There will be no development in the flood plain area and there are plans to re-create a native ecosystem in the area. Some land along the river is in pdvate ownership and the citizen group will need to consider appropriate development in those situations. Land-use diversity will also be addressed. This has been promoted citywide; however this will be more difficult to achieve in the north district. Some opportunities will be available for both medium and possibility high-density multi-family housing in some limited areas. One recommendation in the Northeast District Plan was a buffer between the interstate and any residential development. In the Shimek neighborhood there is the pipeline to mark off where the development might be because there cannot be development above the pipeline. The buffer is a consideration for this area. Rockwell closed by saying that the workshop sessions are November 10th and 17th. She hopes that commission members will participate and reservations are requested for preparation purposes. SLIDE PRESENTATION Jim Throgmorton, a professor in the Urban and Regional Planning Department shared with the commission his collection of Iowa River photographs taken throughout the past year along with his essays that were written to accompany the individual photographs. ADJOURNMENT Rose adjourned the meeting at 7:10PM. Minutes submitted by Le Ann Dunne-Tyson. r, cogsw/min/macl 0-20-99.doc MINUTES SENIOR CENTER COMMISSION TUESDAY, NOVEMBER 16,1999 MEMBERS PRESENT: Bebe Ballantyne, Jay Honohan, Joanne Hora, Allan Monsanto, Larry Pugh, Terd Miller, and Deborah Schoe~felder. MEMBERS ABSENT: William Kelly and M Kathryn Wallace STAFF PRESENT: Michelle Buhman, Craig Buhrnan, Linda Kopping and Julie Seal. GUESTS PRESENT: Nancy Cogan, Jackie Hess, Gretchen Gdmm and Bob Welsh CALL TO ORDER Miller called the meeting to order at 3:15. MINUTES Motion: To approve the October mines as distributed. The motion carried on a vote of 7-0. Honohan/Monsanto. PUBLIC DISCUSSION Bob Welsh, Chair of the Nutrition Advisory Committee, distributed a memorandum outlining the following issues: converting the Senior Dining restroom into a laundry- storage facility, enlarging the doorway between the kitchen and the Assembly Room, parking in the Chauncey Swan ramp, and the 28E Agreement. Commissioners discussed each issue individually. Kopping noted preliminary work on the restroom was underway and parking was an on- going consideration. However, significant variations in parking demand makes resolution of intermitted parking shortages difficult. Welsh was asked for additional information related to enlarging the doorway. PARKING FACILITY SKYWALK STRATEGIC PLANNING COMMI'I'rEE - Honohan No report available. The committee plans to meet for the first time on November 17, 1999. 28E AGREEMENT - Miller Members of the 28E Committee were unable to reach a consensus on language changes to the existing agreement. County Attorney Pat White recommended the committee quit meeting and the existing document remain unchanged. In addition, he suggested the County continue to work more closely with it's appointees to the Commission; Senior Center policy matters of mutual concern be included on joint meeting agendas; and the City Council make more of an effort to consult the board when making policy and budget decisions related to the Senior Center. Committee members agreed to disband. MINUTES 2 SENIOR CENTER COMMISSION TUESDAY, NOVEMBER 16,1999 SENIOR CENTER UPDATE Operations - Kopping The Fire Sprinkler Installation and Ceiling Tile Replacement project is moving forward; however, some unanticipated problems have developed. Approximately three quarters of a ton of loose plaster and insulation was discovered to be resting on the ceiling tile and gdd work in the Assembly Room dudng the demolition of the existing ceiling. The assembly room was closed for one day to allow for the safe removal of the ceiling. Also dudng the demolition of the existing ceiling on the first and ground floor, many areas of exposed structure were discovered. The Fire Marshall indicated all exposed and flammable structure be provided with fire retardant or be sprinkled above the acoustic ceiling. The decision was made to add sprinklers above the acoustic ceiling at an additional cost of $36,850.00. This work also extend the completion date for the project 45 working days. All work not affected by these problems needs to be complete by the odginal date of November :26, 1999. The Furniture Replacement and Remodeling Project is inching forward. Items for the Mezzanine have been ordered and work will be done as soon as we can get into the areas scheduled for remodeling. In eady December, Commissioners and staff will begin locating participants for the first three subcommittees to pegin work on the Senior Center Self-evaluation, the first step in the accreditation process. ProGrams - Seal An update of December programming was presented. Volunteers - Rogusky No report given. COUNCIL OF ELDERS - Cogan A report from the Council of Elders meeting was given. CITY COUNCIL - Kelly No report given. BOARD OF SUPERVISORS - Hora A report of the Board of Supervisors meeting was given. MINUTES 3 SENIOR CENTER COMMISSION TUESDAY, NOVEMBER 16,1999 COMMISSION DISCUSSION The commission terns of Bebe Baltantyne, Larry Pugh and Terd Miller expire on December 31, 1999. Commissioners discussed the application process and deadlines for beth City and County appointees. The departing Commissioners were asked to form a nominating committee and nominate people to serve as Chair, Vice Chair or Secretary of the Senior Center Commission in 2000. Motion: To adjourn. Motion carded on a vote of 7-0. HoralSchoenfelder The meeting adjourned at 4:20.