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HomeMy WebLinkAbout2000-11-21 Bd Comm minutesIONNA CITY BOARD OF APPEALS TUESDAY, OCTOBER 2, 2000 CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Anna Buss, Wayne Maas, Tom Werderitsch (late), John Roffman, Doug DuCharme, Tim Fehr, Gary Haman MEMBERS ABSENT: None STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Roger Jensen (Fire Marshall), Sue Dulek (Assistant City Attorney), RJ. Winkelhake (Police Chief) OTHERS PRESENT: David Lenoch, Scott Kading, Mark Danielson (Kading's attorney) RECOMMENDATIONS TO COUNCIL: None. CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:34 p.m. CONSIDERATION OF MINUTES: Meeting minutes from were reviewed from the August 15, 2000, meeting. MOTION: Haman motioned to approve with a second by Buss. Motion carried by a 6-0 vote. APPEAL OF THE BUILDING INSPECTOR'S INTERPRETATION OF THE BUILDING CODE, SECTION 1003.3.3.3 (STAIRWAYS) RISE AND RUN (608 E. COURT STREET) Iowa City Board of Appeals Minutes October 2, 2000 Page 2 Hennes began by explaining that the appellant would not be able to meet the ceiling height requirement. He is asking for modification due to practical difficulties to allow the 8~" riser height in lieu of the 8" requirement. Lenoch stated that he bought the house in 1997. He bought the house for his daughter's use while going to school. She is not going to school here now and Lenoch is now renting the property. He remodeled and finished the basement. He realized after the fact that he needed a building permit. The steps were re-built with a wall put in. There was no way to meet the riser requirement. At the top of the step there is an outside door. There are two block walls that he cannot do anything with as well. A landing was placed at the bottom. This is the only violation he has in the project. He admits his error in not being aware of the code. Roffman inquired as to the use of the area. Lenoch stated that it is a bedroom and bathroom. There is a window for egress. There are floor joists and a header that support the upstairs so they cannot be modified. Any adjustments would weaken the floor. Haman inquired about one's ability to negotiate the steps. Roffman said they would be steep. He sees the rise and run as a problem as they are almost the same. The steps would be narrow. Roffman suggested making an opening in the block wall. Then everything could be pulled to the center. MOTION: Maas moved to grant an exception to the 8" rule related to the rise so that it may be 8 %" based on the fact that there is no practical way to modify the rise on the stairs. Buss seconded the motion. The motion passed unopposed on a 7-0 vote. REQUEST FOR USE OF ALTERNATE MATERIALS OR METHODS OF CONSTRUCTION. SECTION 1101. ACCESSIBILITY (13 S. LINN STREET) Iowa City Board of Appeals Minutes October 2, 2000 Page 3 Hennes began by saying that Kading had submitted an application for a building permit to finish the basement at this address for the establishment of a restaurant. A requirement for the permit is that there is accessibility for the physically handicapped. In reviewing the project Hennes heard that the state was looking at adopting the ADA requirements. Hennes said the state requirements are different than the federal ADA requirements. He then wrote a letter to the state asking if they would waive the state requirement in lieu of the city using the ADA requirement. The state did waive its requirements concerning an accessible route to the basement restaurant provided that ADA requirements are enforced. The state also indicated that the project would be classified as existing construction. However, the Housing and Inspections Services staff felt that the lowest level of the building needed to be handicap accessible. Kading did appeal the city staff decision asking this board to waive the city's requirement and allow the ADA requirement to be enforced. Hennes explained the difference between the two requirements. Under the state requirement, a project is not required to comply if the cost to provide an accessible route is more than 50% of the replacement cost of the building. The ADA requirement is that the installation of an accessible route would need to cost more than 20% of the project cost. Roffman clarified that staff wants the appellant to comply with the state recommendation even though the state deferred to the ADA requirements. Kading stated that the city should defer to the state for the decision. The state waived the state requirement so that the project would have to comply with ADA regulations. When Kading went to the city to get his permits, the city staff said that they would be utilizing the state requirements. He went on to say that the city had defined his project as new construction; therefore the 50% rule would not apply. The building is listed on the historic registry. In pursuing Iowa City Board of Appeals Minutes October 2, 2000 Page 4 the new construction avenue, it was determined that when there is a project cost that is more than 120% the ADA requirement would be waived. The city did not approve the building permit because staff did not view it as new construction. Kading estimated that the cost to install an elevator would be approximately $250,000. The shaft work would be $150,000. The elevator would be about $60,000 and an apartment would need to be removed. The chaired person would be required to go down the alley and into a back entrance where the elevator would be located. Kading's insurance company would not insure him. The ramp would stick out into the alley and there is no room to put one in the front. Maas stated that there was an elevator in the building at one time and therefore there should be a shaft. Roffman confirmed that the lower space was used as a restaurant several years ago. This was prior to the handicap accessibility requirements. There is an access from both the front and back of the building to the first floor. Attorney Danielson noted that it is likely that the legislature will adopt the ADA requirements during the next session. It has been utilized as a restaurant before. His client is making the request for the same type of use. Hennes noted that a chairlift would not be acceptable because it is not allowed to go through a floor system. It would have to be located on the outside of the building. From the fire department's perspective, Jensen noted that public safety concerns and issues are addressed by the state code. The fire department would encourage the board to follow the state's guidelines which requires an accessible route. Police Chief Winkelhake commented that many restaurants are bars. With this proposed establishment being in the basement, there are some public safety concerns. The ceiling is less Iowa City Board of Appeals Minutes October 2, 2000 Page 5 than 8' and this also creates a concern. Kading stated that this is intended to be a restaurant. The police chief said that he is very concerned with an eating and drinking establishment being put in a basement area. Fehr inquired if there is any precedent with waiving the ADA requirements. Hennes said not to his knowledge. Kading said that when he bought the building he had conversations with city staff about the use of the building. Staff indicated that since this area had been used as a restaurant there should not be a problem in having the same use. Kading said he has offers to sell the building and one person wants to put in a sports bar and another would tear it down. DuCharme said that he thought there should be some flexibility since the building is on the historical registry. Hennes said that generally has to do with the exterior of the building. Roffman noted that the problem lies in that there is not space around the building. Werderitsch inquired if there would be a reasonable way to work with the tenant that is in the building to have two different entrances. Hennes said this would not work since one occupant depended on the hours of the other occupant. The other thing is that there are apartments that use a common area and this should separate the tenant space. He did suggest installing a foyer area. Hennes noted that the City has been contacted by someone to put in a carryout restaurant in the building and whatever decision is made today will open the door for future cases. Kading said that he did not think that was necessarily a bad thing and Hennes concurred. Maas said there could be a lawsuit as soon as someone with a wheelchair wanted to get in the building. Board members concurred with this. Roffman said that ideally handicap access needs to be Iowa City Board of Appeals Minutes October 2, 2000 Page 6 addressed with the entire building. Board members concurred with this as well. Hennes did note that the state might be moving towards adapting the ADA guidelines. Roffman asked for Attorney Dulek's legal opinion on the matter. She did not have a definitive answer. She suggested that she and Attorney Danielson explore options and report back to the board at the next meeting. Attorney Dulek said that she felt that the numbers need to be clearly documented. Roffman stated that the project needs to be defined either as new or existing construction as well. Buss suggested that Kading meet with the Coalition for Handicap Access. Roffman pointed out that city council just addressed this issue. He suggested tabling this issue for thirty days so that additional information could be obtained. Kading said this would not be acceptable and did not want to wait as the project has been on hold since February. Kading said that this is the last stop of the journey for him. He has spent multiple hours with the architect. Hennes was a tremendous help, but the city has decided to go with the state's requirements regarding handicap accessibility, rather than the ADA's. Kading said the building may be torn down if the appeal is not granted. MOTION: Werderitsch moved to accept the appeal as presented to allow the appellant to pursue the building permit with compliance with the ADA; thereby setting aside the local ADA Rules. The motion was seconded by Maas. The motion failed on a vote of 0-7. OTHER BUSINESS Report on 426 Bavard Street- Attorney Dulek reported that there is a hearing scheduled on Wednesday, October 4, 2000. At that time the judge will hear arguments on whether to grant an Iowa City Board of Appeals Minutes October 2, 2000 Page 7 injunction to stop the demolition of the house. The city is currently under order to refrain from demolishing the house until the hearing. Annual Report of Boards and Commissions/Committee -Hennes shared with the board the report of boards and commissions/committees. Copies are available on the internet. ADJOURNMENT Maas moved to adjourn the meeting with a second by Haman. The meeting adjourned at 6PM. ( ////~of h T o /Y- n Roffman, Appeals C air Date itted by Le Ann Dunne- ys n hisbldg/rnin/boal0-2~)O doc MINUTES IOWA CITY CIVIL SERVICE COMMISSION CIVIC CENTER, LOBBY CONFERENCE ROOM November 8, 2000 MEMBERS PRESENT: Mike Kennedy, Lyra Dickerson, James Anderlik STAFF PRESENT: Sylvia Mejia, Karen Jennings, Dale Helling, Andy Rocca OTHERS PRESENT: None RECOMMENDATIONS TO CITY MANAGER AND STAFF: None. RECOMMENDATIONS TO CITY COUNCIL: Commissioners recommend that Council accept the promotional lists for the positions of Police Captain and Police Lieutenant. SUMMARY OF RELEVANT DISCUSSION: Chairperson Kennedy called the meeting to order at 8:15AM and welcomed James Anderlik to the commission. The first order of business was the certification of the promotional list for the position of Police Captain. Mejia presented the promotional list to the commission for approval. Dickerson moved and Kennedy seconded a motion to approve the promotional list for Police Captain. Motion carried. The second order of business was the certification of the promotional list for the position of Police Lieutenant. Mejia presented the list to the commission for approval. Kennedy moved and Anderlik seconded a motion to approve the promotional list for Police Lieutenant. Motion carried. Mejia gave the commission a brief update on the City's upcoming Fire Department promotional process for the positions of Fire Lieutenant, Fire Captain, and Battalion Chief. She informed them that the City had received 14 applications for the lieutenant position and would be conducting the written test on Wednesday, November 15, 2000. All applicants achieving a passing score of 70 or above will go on to the assessment center. Nine applicants will participate in the Captain assessment center and 11 applicants are to participate in the Battalion Chief assessment center. The City does not use a written test for the position of Fire Captain or Battalion Chief. All assessment centers will be conducted by Bob Mowles and ranking officers from comparable departments would be scoring the candidates participating in the assessment centers. Kennedy .gave Anderlik a brief overview of the role and authority of the commission with respect to entry-level police and fire department hiring and disciplinary appeal hearings. Mejia followed up with a brief overview of the entry-level testing process. Kennedy moved and Dickerson seconded a motion to adjourn. All in favor. Meeting adjourned at 8:40AM. IOWA CITY HISTORIC PRESERVATION COMMISSION 4b THURSDAY, SEPTEMBER 14, 2000 - 5:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Richard Carlson, Mike Gunn, Peter Jochimsen, Sue Licht, Doris Malkmus, Michaelanne Widness, James Enloe MEMBERS ABSENT: Ann Freerks, Marc Mills STAFF PRESENT: Scott Kugler OTHERS PRESENT: Joy McKusick, David Arbogast, Mac McKusick, Shelly McCafferty, Todd McCafferty, Jim Barrett, Herbert Hovenkamp, Marlys Svendsen RECOMMENDATIONS TO COUNCIL: CALL TO ORDER: Chairperson Gunn called the meeting to order at 5:30 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. NATIONAL REGISTER NOMINATION REVIEW OF THE NED ASHTON RESIDENCE ('820 PARK ROAD): Kugler pointed out the photographs of the house contained in the Commission's packet of information. The property owner has filed a National Register Nomination and they have been working with the State to get to this point. As part of the typical review process, the State sends the Nomination back to the local Historic Preservation Commission to review the Nomination and make a recommendation to the State regarding whether the property is eligible for the National Register. The Commission's job is to review that nomination at a public meeting, discuss it, and make a recommendation to the State. Kugler then turned the discussion over to the applicant if they cared to explain the application or field questions. Joy McKusick, daughter of Ned Ashton, explained that the stone house is an unusual structure for its time. The exterior fa~;ade of the home is dolomite limestone from the Stone City Quarries. In addition to the uniqueness of the structure of the house, its builder was quite renowned in the engineering profession, working on significant, large structures. The builder has a few structures that remain in Iowa City per his design (the footbridge, the City Park Pool). The engineer was also responsible for two bridges on the Mississippi River. Malkmus noticed that the nomination refers to his plans in several cases. McKusick responded that all of her father's professional papers are available at the State Historical Society in Iowa City. This fact is referenced in the bibliography of the nomination. Enloe said that the building was very architecturally interesting particularly in the bridge design and technique used to support the upper stories. Gunn feels that the Nomination was very detailed and clear. Gunn asked for public discussion or comments on the nomination. There were none. MOTION: Widness moved that the Commission find the Ashton Residence, 820 Park Road, eligible for listing on the National Register of Historic Places. Enloe seconded the motion. The motion carried on a vote of 7-0. Iowa City Historic Preservation Commission Thursday, September 14, 2000 - 5:30 P.M. Page 2 CERTIFICATE OF APPROPRIATENESS REVIEW: 1122 EAST COLLEGE STREET: Kugler stated that this is an application for an addition to the back of the property: a patio and a pergola. A plan view, a rear elevation view, and several photographs are provided in the Commission's packet. He said it is a situation where the addition is on the back of the property but because of the way that Muscatine Avenue is oriented it is still quite visible from Muscatine Avenue. Jochimsen requested further description of a pergola. Enloe compared it to the upright structures in the Pedestrian Mall downtown with the open rafters across the columns. They are similar to that, but attached to the house. Kugler clarified that the homeowner will be using salvaged columns for support and the upper portion will be all natural cedar. Todd McCafferty explained that in order to attach the pergola to the house there will be an 18-foot ledger board above the existing window and doorway. The rafters will be placed on' the edge of the ledger, spanning across two to three columns, with a decorative cut on the ends. McCafferty clarified that the ledger boards will be set off of the wall itself so that moisture does not collect behind it. No siding will be removed in the attachment of the pergola. There will be a concrete pad with Anamosa Limestone flagstone. Stone piers, with their own footing, will be used to support the columns. A metal support column (not visible) through the center of the column will provide the majority of the support for the column. MOTION: Malkmus moved that the Certificate of Appropriateness for 1122 East College Street be approved as submitted. Jochimsen seconded the motion. The motion carried on a vote of 7-0. CERTIFICATE OF APPROPRIATENESS REVIEW: 6 BELLA VISTA DRIVE: Kugler said that this is a situation where there is an existing detached garage that is proposed to be demolished and replaced with an additional living space on the east end of the home and a new one-stall garage attached with access from the east rather than the south. Kugler continued that in addition the existing small porch on the south elevation would be removed and replaced with a larger wrap-around porch that would cover a little more than half of the south elevation and then across the full west elevation, including new steps up to the porch out to the west. Some efforts have been made to avoid a substantial tree along the east property line and the concrete drive that is currently used to access the garage will be removed. The applicant explained that the house was originally built in 1912 in a Craftsman style and is surrounded by streets on three sides. Carlson questioned what was being removed to put the large addition on. Jim Barrett, the architect representing the homeowner, responded that there was a large one- story garage and a small porch to be removed (as seen in the photographs provided by Kugler). Several of these views are blocked by trees and would not be visible unless from the roof of another house. A portion of the existing garage encroaches on the neighbor's property. Licht was concerned with the pitch of the roof and how the porch would fit between the two windows on one side. Malkmus asked Mr. Hovenkamp if he knew if the front porch, as is, was original or if it was open at one point. Hovenkamp speculated that it was changed in the 1940s or 1950s. Jochimsen asked about the square footage of the house. Barrett replied that on the two main floors, the square footage was around 2,200 Sq. Ft. and part of the old basement and attic were refinished 15 years ago. Those measurements are unknown. In terms of the Commission standards, Kugler was not able to identify any real problems in the details using the newly adopted handbook. He noted that the handbook does not yet cover scale issues in detail. Kugler suggests that the Commission refer to the Secretary of Interior's Standards, being certain that the alteration will not significantly alter the appearance of the Iowa City Historic Preservation Commission Thursday, September 14, 2000 - 5:30 P.M. Page 3 structure (refer to Standards 2 and 9). Malkmus reminded the Commission that they had recently approved a similar sized, two-story addition on Brown and Linn Streets to the rear of the home. Kugler noted that prior to that, the Commission approved a two-story porch addition to 314 Brown Street. That is a similar project in terms of scale. Malkmus said that the wrap-around porch is handled well, but is a bit large. Barrett stated that the original roofline will remain intact other than the northeast corner. He added that the use of the porch itself is a continuation with a significant addition on the eastside. Malkmus stated her concerns about the wrap-around porch and the continuity of style. Gunn added that considerable mass was added to both sides of the house. The south door will remain the main entrance, not to be replaced by the addition of the stairs. Gunn said he would like to put aside the issues regarding scale for the moment. Gunn said that the characteristics of the neighborhood makes a final scale decision difficult. There is no clearly defined streetscape or frontal appearance. Gunn said that it seems large but that it is too difficult to find an objective scale for the neighborhood. Licht said that it is difficult to decide what it will really look like in the two dimensional drawings. Carlson said that the design is good. Kugler reminded the Commission of the options available in considering an application. Licht said that the proposal is fairly well thought out and well designed. Licht agrees that with the mix of housing types in the Bella Vista area that this addition does not take away from the house. Carlson said that the addition is larger than he would like to see, but that he sees no real way to reduce the size and that the design suits the original home. Licht said she would like to see the roofline shortened in order to improve the proportions. (Licht left the meeting) Gunn said that the porch looks too big, but that it is difficult to deny the proposal using the Secretary of Interior's Standards. Gunn will vote in favor of the addition even though he feels that it is too large. Enloe agreed with Gunn, that the questions of scale are imprecise and inadequately defined to provide grounds for denial. MOTION: Jochimsen moved to accept the design as submitted. Widness seconded the motion. Motion carried 7-0. DISCUSSION OF NORTHSIDE/GOOSETOWN DISTRICT RECOMMENDATIONS: Kugler stated that at the July meeting the Commission discussed a draft of a letter submitted by Marlys Svendsen regarding her recommendations for historic and conservation districts in the Northside and Goosetown Neighborhoods. This was submitted as part of her contract for completing the last phase of the survey. The Commission also asked her to look back over the earlier phases and the Linn/Dubuque Street Survey and provide the Commission with some recommendations for historic and conservation district boundaries. Kugler said that after the Commission's discussions, it was decided to wait until Marlys could attend a meeting and the Commission could discuss some of the Boundaries and rationale in more detail with her. Since then there has been a meeting with the residents or property owners within Phase 3 of this survey, the Goosetown (East half) Conservation District as shown on the map. Kugler continued that some of the residents there have expressed concerns about the boundaries. As a result, the Goosetown Conservation District as shown, was expanded further to the east to include properties on the East Side of Reno Street. The properties north of Church Street and just north of Reno, up to the edge of the cemetery, could also be included. Kugler stated that the only other change made to this map was the North Dubuque Street Conservation District. It may be Iowa City Historic Preservation Commission Thursday, September 14, 2000 - 5:30 P.M. Page 4 beneficial for the Commission to discuss the exact boundaries of this proposed district, specifically the southern boundary. Svendsen pointed out that the underlined sections of the memo are new. Svendsen said that the North Dubuque Street Conservation District should not extend as far south as shown on the map. Svendsen would like it to extend to the cut off at Fairchild. If the south section of Dubuque Street is eliminated, it will leave a very intact north section. Almost all of those homes are intact. Svendsen feels that Dubuque and North Clinton could be combined to form one district, an historic district rather than a conservation district. The conservation district originally applied to the North Dubuque area due to the lack of quality in the buildings on the south end. If that section was eliminated entirely only the best properties would remain. A combined North Clinton and North Dubuque Historic District makes more sense to Svendsen. Svendsen feels that nearly 85%-90% of the homes in this area would be key contributing structures. Svendsen thinks that there is an historic aspect as well, in that there are a considerable number of buildings along North Clinton that were originally built as, or have been converted in subsequent years to, sorority/fraternity houses. The linkage between these two areas, Svendsen continued, as the edge of the University Campus, make sense. Although it was originally the area where the non-Bohemian business leaders lived, it evolved over time to have a relationship to the University. Svendsen hopes that this memo would eventually be attached to the survey reports. If this happens, Svendsen would further revise the memo to include that change. Kugler said that it should be attached to all survey reports. Svendsen feels that either Church or Fairchild should act as the boundary. Kugler stated that there is a new apartment building on the west corner of Church and Dubuque. Kugler added that there are many new buildings in the southern area. Svendsen said that there is some merit in including the early dormitory on the west side of Clinton. These areas are dashed in red on Svendsen's map. Malkmus said that in the past there has been some discussion about including University property in local historic districts. Nothing in the Pentacrest would be included, but this proposal would nominate Burge. Malkmus feels that this would be taking two different approaches to the relationship with the University by ignoring the Pentacrest and nominating the old Music Building. Kugler noted that the Pentacrest is a National Register Historic District. Kugler continued that this issue has been visited in the past and it was decided not to include University, County, or City owned buildings in the first round of Landmark designations. The City Attorney has determined that in some cases the Commission's regulations might apply to these areas, but if the County or the State chose to challenge any action taken by the Commission in court, that it would be difficult to determine the outcome. It would be a balance between the overall public good served by preserving the building versus the public good of alterations desired by the relevant institution. Malkmus pointed out the historical significance/linkage between the Music Building and Jantzen and Grant Wood. Svendsen added that it (the old Music Building) is the only hospital building that remains on the East Side of the River. It was originally the isolation hospital for infectious disease patients. Svendsen said that the University planners do not see the old Music Building remaining their 20-year plan. Svendsen pointed out some additional concerns raised in the neighborhood meetings; specifically, the idea that the East Ronald Street Historic District should in fact be part of the Goosetown Conservation District. It is Svendsen's recommendation that if the East Ronald Street area is attached to anything that it should be attached to the Brown Street neighborhood. It is far more consistent in terms of building scale, architectural style, and period of development. There are only two or three American Four Squares in the Phase Three area. Granted if moving at all to the west they begin to appear with frequency, but the quality of the building stock in the Ronald Street area is far more similar to Brown Street. Svendsen feels that these two areas would be the more appropriate to join, with no name change necessary. Iowa City Historic Preservation Commission Thursday, September 14, 2000- 5:30 P.M. Page 5 Widness asked why that had not been a part of the original plan. Svendsen noted that soon after the Historic Preservation Plan was adopted, the City retained Svendsen to do a National Register nomination for the area that they thought had the best neighborhood support. That was only along Brown Street. During the course of that discussion Svendsen strongly suggested that they include Bella Vista because of the quality of the buildings there and that there could be a logical link to Brown Street. To go any further than that would have been out of the question at that time due to a lack of survey information in that neighborhood. Malkmus commented on the strategic nature of some of the boundaries. Malkmus was interested in the justification of the jagged boundaries that exclude properties along the alley. Svendsen concluded that they were either vacant lots or new construction. Svendsen stressed that these were not arbitrary boundaries. If there is an intrusive property at the edge of a district the general rule in drawing boundaries is that it is left off unless there is a strong natural boundary there. Svendsen said that the alley is not such a strong boundary that it requires their inclusion. Kugler stated that in at least one case there is a modern apartment building on the lot. Malkmus said she is comfortable with the exclusion of intrusive, non-contributing buildings on the edges, but it seems to her that the Commission had the sense that there was a type of gerrymandering on the part of the Commission that justified the inclusion of all of Lucas Street. Svendsen added that in terms of Conservation Districts it is better to not exclude properties on the edge, otherwise one of the principals of a Conservation District, that of building towards improved neighborhoods, doesn't really make sense. Malkmus voiced her concern that in the current funding cycles, the City only gets one in three of the applications for grants. She continued 'that to nominate all of these districts would take many years. Malkmus wondered if that kind of realization would change how the Commission would name districts on the North side. Svendsen stated that nominating a National Register District is not nearly as difficult as doing a survey. Svendsen does not feel that this is an overwhelming task. Svendsen stated that the two projects could be sent together as one, like North Linn and North Gilbert. Kugler added that the East College and College Green nominations were sent as one project, under one grant, but both districts went to the State as separate areas. It will not be possible to move forward with Phase Three until there is a property to nominate it with. Svendsen feels that the process of separating these into phases makes the whole process complex. Svendsen added that due to the way that the Phase One report was written, it does not apply to most of the buildings in the survey area. Svendsen added that does not mean that the Commission could not do a multiple property document applied to the whole Northside and Goosetown neighborhoods; it would just require another rewrite. Malkmus requested a suggestion for a timeline for the Commission to go about nominating these as Districts. Malkmus feels that the Commission needs to think in concrete terms of how this will go forward. Svendsen said that there are six areas suggested as Historic Districts if the North Dubuque Street area is included as an historic rather than conservation district and if the East Ronald Street District was treated as an amendment to the Brown Street District. Svendsen stated that if a National Register District is expanded, the review process is for the entire proposal all over again. That would mean notification of all the property owners along Brown Street and Bella Vista. On the other hand, Svendsen continued, if East Ronald Street is considered as a local district amendment, it is not clear whether the new tax incentives, as approved July 1 in Iowa, will apply. Kugler stated that they would apply. In order to qualify, a property either has to be on or eligible for the National Register by itself or as part of a District or locally designated landmark. Svendsen then feels that there is no need to do this area via the National Register at all. Thus, Ronald Street would be an amendment to the Brown Street Iowa City Historic Preservation Commission Thursday, September 14, 2000 - 5:30 P.M. Page 6 District. Kugler added that the one way that it would affect things here would be if a homeowner wanted to apply for an HRDP grant they could not do so. Malkmus asked about the possibility of nominating North Linn, North Gilbert, and East Jefferson under one CLG grant. Svendsen feels that would be possible as a grant, but not a district since they are not contiguous. There is a substantial amount of commercial industry in that area. Svendsen looked to where substantial quality and integrity remained to justify designation and where there was a different style. Svendsen could be persuaded that North Gilbert and Linn should be a Conservation District, but she would leave it up to the consultant at that time. Svendsen had no concrete suggestions for which areas to begin with; however, much interest lies in Goosetown. Svendsen feels that there would be three, but possibly two, grant applications if East Ronald Street is only done locally. Malkmus clarified that there would then be North Dubuque and Clinton, Linn, Gilbert, and Jefferson. Svendsen suggested that the Commission should consider a Bohemian-American thematic nomination to pick up on some of the Goosetown Properties if it is decided not to submit the Phase Three document. That would not change any of the district nominations. Kugler suggests that the Commission hold off on issues of setting priorities until the Annual Planning Session later this fall. The Commission could then look at all of the nominations and prioritize Commission activities. Svendsen said she will make the adjustment to the North Dubuque area as discussed earlier in the meeting. Malkmus said that the County Historical Society currently has a display in the Old Capitol Mall that prominently features the Goosetown District. Svendsen added that the work on the Downtown Survey is coming along nicely. About 75% of the site forms have been completed. Svendsen feels that a sense of completion is near. The site forms should be fairly accurate up to the new parking ramp. The architect on the project is completing the documentation regarding other architects that have worked in the district. Kugler said he emailed to Commission members a file that had been sent to him by a contractor in the Goosetown area. The contractor would like to send this paper out to all residents of Goosetown to inform them about the ramifications of this designation. Kugler feels that some of the things stated in the letter are accurate while others are not. Kugler told the contractor that it might be some time before a designation is made, but Kugler feels that the Commission should begin to review the letter. The contractor is in no hurry to send the letter out, especially since the Commission is not ready to make a designation. Widness said that some of the things may be problematic for the Commission. Malkmus said that the guidelines are not correctly described in the letter. Gunn feels that the guidelines are also misinterpreted. Gunn could not recall in the guidelines where it states that brick masonry should be plastered over. If the masonry is falling apart and the plaster is put over the deteriorating masonry, all of it falls off. Kugler stated that the plaster helps to defer the decay of the brick for a time. If the brick continues to deteriorate, the plaster may cover the deterioration so that it isn't noticed again until bigger problems arise. Malkmus feels that the Commission needs to be clear about the issues, so that when these meetings are held they get honest, not inflammatory, feedback so that the people understand what they are agreeing to. Gunn feels that the contractor has interpreted the guidelines as broadly as they are stated. They have addressed painting and siding frequently. Gunn added that vinyl siding is allowed in conservation districts as long as it is on non-contributing structures. Kugler stated that this would eliminate a high percentage of the homes in the area. Svendsen feels that one-third (about 40) of the properties in the area are individually eligible to receive contributing status. Svendsen was not looking at this as a historic district; thus, she did not make a contributing evaluation for buildings. Malkmus stated that in the Governor Street Iowa City Historic Preservation Commission Thursday, September 14, 2000 - 5:30 P.M. Page 7 case the Commission set the threshold for contributing structures very low in comparison with an historic district. Svendsen added that there is some very new (1950s) construction in the Goosetown area. The Commission asked Kugler to invite the contractor to the next meeting. Gunn feels that several people on the Commission have the information and history needed to refute several of the contractor's statements. The Commission has made many allowances for doors, gutters, siding, painting, etc...at no more cost than the original statements. Gunn feels that a conversation would help the contractor to see what the Commission feels. Kugler added that since Goosetown is proposed as a conservation district there is an opportunity through the designation to deal with some of these other issues like siding. Kugler said he will invite him to the next meeting. Kugler said he received an email from the Dallas, Iowa Preservation Commission. They apparently recently denied an addition on the back of a Georgian home, similar to this Commission's situation at 621 S. Summit Street. The homeowners are appealing the denial. They are seeking some advice on how to deal with it. SCHEDULING OF ANNUAL PLANNING SESSION: Kugler stated that this planning session will set a work plan for the next calendar year. This is held as a separate meeting so it does not infringe on other agenda items. It is recommended in the Preservation Plan that this be held each year to maintain the focus of the Commission for the upcoming year. Kugler thinks that there will need to be a meeting on September 28 to look at a retaining wall on Brown Street. They need to take down a concrete wall replace it. The annual planning session was tentatively set for September 28. COMMISSION INFORMATION/DISCUSSION: Kugler asked about interest in the Keokuk Training Seminar. Malkmus said she is interested. Kugler said the City will pay for mileage (0.31S/mile) and lunch ($8). Kugler said the meeting for October will be held at the Senior Center. The November meeting will be at the Recreation Center. ppdadnVmins/HPC09-14-O0.doc IOWA CITY HISTORIC PRESERVATION COMMISSION ~ '11-21-00 THURSDAY, OCTOBER 12, 2000- 5:30 P.M. ~ . 4b(4) SENIOR CENTER CLASSROOM MEMBERS PRESENT: Richard Carlson, Mike Gunn, Peter Jochimsen, Sue Licht, Marc Mills, James Enloe, Ann Freerks MEMBERS ABSENT: Michaelanne Widness, Doris Malkmus STAFF PRESENT: Scott Kugler OTHERS PRESENT: Bob Thompson RECOMMENDATIONS TO COUNCIL: CALL TO ORDER: Chairperson Gunn called the meeting to order at 5:32 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. DISCUSSION OF HISTORIC PRESERVATION HANDBOOK: BOB THOMPSON Gunn said that Bob Thompson submitted a very descriptive letter regarding certain sections of the HPC Handbook. Thompson said he wanted to run the letter by the Commission in order to receive input and revise to avoid errors. Thompson feels that the public involvement in this type of this is fairly low, so he is hoping to make people aware of the potential changes so they are not hit unexpectedly. Gunn said that there were three changes being proposed to the handbook that he had noted so far. Gunn said that the handbook inadvertently excluded electric grinders for removing mortar, which can add tremendously to the cost. Gunn added that these guidelines came about by incorporating the old neighborhood design guidelines, The Secretary of the Interior's Standards, and the interpretations of the Standards. Electric grinders will probably be changed as well as the restriction on metal or vinyl storm windows. Gunn said that is something that doesn't require a permit, and should be just a recommendation and not "disallowed". There is already a short list of changes suggested by the Commission. Kugler said some issued raised, such as replacement of the front door, do not require permits. Thompson added that only structural changes require a permit. Most repair/renovation changes on the homes don't require a permit. Kugler added that in the recommended section of the guidelines there are many items that don't require a permit, but are included because they are still good guidelines to follow. Most of the items noted by Thompson fall under items that don't require a permit. Gunn noted that siding and window replacement now requires a permit in historic districts but not conservation districts. Gunn said that one of the reasons for writing these guidelines was to better inform the public of what the Commission was looking for. It looks like a lot, but these are the things that the Commission has been making decisions on since the Commission began. Gunn added that the Commission attempted to regulate different buildings in different ways. If they weren't historic structures then it wasn't necessary to require a lot of the things that would be required of an historic building which adds to the complications. Gunn commented that they wanted something that homeowners, designers, and builders could view and anticipate what the Iowa City Historic Preservation Commission Thursday, October 12, 2000 - 5:30 P.M. Page 2 Commission would do before making decisions. Gunn noted that at the last meeting there was an extremely large double addition on a property that was approved as submitted, and that doesn't often happen. In that case, the architect followed the guidelines very closely which made the process easy although there was much discussion within the Commission. In reviewing Thompson's repod, Gunn said his first comment is on page 3. Gunn said that this may be one of the most difficult issues: old brick foundations. The Commission is not allowing plaster to cover old brick. Thompson feels that this is a problem that most people won't run into. A lot of the brick foundations have already fallen in the Goosetown area. Gunn drove through the Goosetown neighborhood and noted that he did not see too many old brick foundations exposed. Gunn saw some plastered over among the wide variety of foundations. Gunn discussed a building downtown that was plastered over. The Commission reviewed that case extensively but found no good alternative. Gunn has seen many cases where the plaster has come off taking with it much of the brick. Kugler feels that more long-term considerations need to be made. He said that by plastering over the foundation, it is more economical than tuck- pointing and replacing damaged bricks, but the problem that Kugler sees is that once the plaster is on you can't see what's happening behind it. By the time the homeowner realizes that there is a problem it may have led to structural problems with the rest of the house. Thompson feels that depends on the prep job and the quality of the surface that the mason is dealing with. Thompson said that the biggest problem with the old brick is that it is so soft. If a modern cement mix is placed overtop, it may ruin the brick. Gunn thinks that the Commission would also be looking at exposed brick and not below grade brick. Gunn thinks that a clarification needs to be made in the type of brick used. It doesn't need to be old, soft brick. It can be replaced by older looking, new brick. Thompson feels that if the Commission is flexible enough to consider specific cases, then it wouldn't be an issue. Gunn said that it hasn't come up for quite sometime. Kugler added that the Commission needs to look at Historic Districts versus Conservation Districts. All these things to be discussed will be different for each type of district. Historic districts deal with not only neighborhood character, but also the preservation of the integrity of the buildings (Architecture, etc...). With conservation districts, the Commission seeks to preserve neighborhood character. Gunn feels that this is the most difficult item that doesn't have a definitive answer. Gunn feels that the wording should be reconsidered to exclude the word hardness. Currently the guidelines specify that the replacement bricks should match the color, texture, size, and hardness of the originals. Gunn feels that the color, texture and size can be done with a new brick. Thompson questions how a hard, modern brick will affect the expansion rates when thrown in with soft, old brick. Gunn said the next issue is vinyl. Gunn noted that the lead paint debate is definitely an issue. Thompson's letter notes that "smooth, hardi plank siding is an excellent material but doesn't look right when used for patching wood siding." Gunn added that the Commission has approved Hardi plank in a number of applications. The Commission realizes that it's not the best alternative, but if handled well, it can work. Gunn feels that hardi plank will be approved in the place of siding. Thompson feels that the redwood supply in this area is pathetic and may not be available in the future, thus substitute materials must be accepted. Gunn says that there will be allowances made for some substitute materials. Thompson feels that the financial considerations are large. One of his customers had the option of painting or residing with vinyl before the guidelines were put in effect. The two options would have dramatically different costs that can remain unknown. One of Thompson's main concerns is that people aren't faced with huge maintenance costs. If the costs to paint remain so high, Gunn said that the Commission will have to look to alternatives. The lead paint requirement is a Iowa City Historic Preservation Commission Thursday, October 12, 2000 - 5:30 P.M. Page 3 Federal requirement. Licht clarified that vinyl siding does not encapsulate lead. Kugler said that it is accepted as abatement by HUD. Jochimsen stated that the paint behind the vinyl eventually flakes out and falls down to the ground right next to the house. Licht feels that vinyl siding would speed that along since it would hold in the moisture. Thompson noted that when the siding is removed there will be a big pile of lead paint, but that may be better than the lead blowing around in the wind. Mills asked Kugler to clarify siding in conservation districts. Kugler said that currently there is no exception for siding in conservation districts except for new structures and non-contributing structures in those districts. As the Commission has discussed at previous meetings, guidelines will be considered as each district is proposed for adoption. Siding could be permitted by the guidelines adopted with the district. Kugler added that the Commission only reviews siding on additions and new buildings in conservation districts. Gunn said that the neighborhood can have a voice in that decision as well. If they want to restrict siding, then it is important for the Commission to consider that. Gunn said that there is more flexibility in the guidelines about windows then it seems. Gunn said that everything that the Commission does has to be fire safe. Thompson doesn't think that this will come up that much unless remodeling a bedroom when an interior remodel becomes an exterior issue. Kugler said that there is a good example of the window issue in the new building on Summit Street. When the Commission reviewed those plans all the windows on the front were the same size. There was a code issue that Kugler wasn't made aware of until after the building was finished but if you look at the pair of windows stacked up in front, they are quite a bit larger. Kugler noted that they were not what had been approved in the plan, but they are what is needed to meet fire code. Licht feels that this is a case by case issue. Licht is looking for what is appropriate for the house. The Commission will look for ways to work with the code but still keep within the historic character of the house. Kugler feels that in Goosetown most of the windows will be fairly small and this could be an issue. Gunn continued with the limits on garage doors. Gunn said that they are only asking people to putting in two single doors rather than one. There has been a lot of success with that and the Commission is fairly flexible, having approved double doors where singles are not possible. Gunn also noted the built in gutters. Gunn said that there are alternatives to changing the pitch of the roof. Licht said that there are ways of dealing with this issue that aren't so cost prohibitive. There are homes where the gutters are integral to the design of the house, where the Commission wants the homeowner to attempt to preserve the gutters. In general, Licht continued, most of the gutters have been covered over in the Goosetown area. Gunn said the Commission wants to ensure that prominent chimneys aren't taken off. A little chimney on top would probably be allowed. Licht thinks that every single home is a separate case. If the homeowner has a small chimney that is causing serious problems, that would probably be allowed, but in a Moffit house, for example, it is very important to the house. Licht said that the chimneys can be a significant source of water damage as well. Gunn noted that the cost has been discussed in detail. Licht said that there are more districts now that are like Goosetown than Summit Street. The bulk of a lot of the districts are modest, aside from Summit Street and Woodlawn. Licht feels that these are considerations. Kugler said that at some point an economic hardship clause will be written in to allow for financial issues to be considered. Licht wants Thompson to know that these are the guidelines, but that the Commission is there to guide owners through the process so that they don't feel overwhelmed with these issues. Licht thinks that the Commission is a service oriented group and will make an effort to be helpful and work with the design. Iowa City Historic Preservation Commission Thursday, October 12, 2000 - 5:30 P.M. Page 4 Mills left the meeting. The Commission thanked Thompson for preparing the document. Licht felt that it will help the Commission to hear the view of a public citizen. Thompson said that this was informative and he doesn't plan on doing much with this. He said many of his concerns were alleviated. Thompson feels that it is still a good idea to inform people what is going on, but he now has a better idea. Thompson is concerned with how much the City is willing to soften the blow if a person is considering rehabilitation. Kugler said that assisted projects are pretty well tied to the standards for rehabilitation. Gunn clarified that the Commission is obliged to use the Secretary of Interior's guidelines when Federal money is involved. DISCUSSION OF COLLEGE GREEN REPRESENTATIVE: Enloe used to live at the house at 631 East College St. One of his previous neighbors has agreed to apply for the vacancy. Kugler said he will send her an application. DISCUSSION OF PROPOSED LONGFELLOW HISTORIC DISTRICT: Gunn began that this originally appeared on the agenda two months ago. Kugler feels that it may be good to postpone this until the planning session. Gunn agreed. CONSIDERATION OF MINUTES FROM THE AUGUST 10 AND SEPTEMBER 14 MINUTES: The September 14 minutes were deferred until the next meeting. Kugler said that Malkmus passed on some comments on the August 10 minutes that are reflected in the minutes found in the packet last time. MOTION: Licht moved that the minutes be approved. Enloe seconded. The motion carried 6-0. COMMISSION INFORMATION/DISCUSSION: Kugler mentioned that a few Historic Preservation workshops are coming up. One is in Red Oak, Saturday, November 4, from 9-3:30. The title of that workshop is "OK, so you saved it, now what?" The City has some money in the travel budget to help if interested. Kugler reported that they are much closer to completing the revised brochure. By November or December, there should be a draft to review. Kugler said that the Planning Session will be held on November 6, location to be announced. The November 9 meeting can be cancelled if there are no certificates to approve or other business. However, Kugler would like to keep both dates open. The meeting adjourned at 7 PM. ppdadmin\mins\hpcl 0-12.doc MINUTES IOWA CITY AIRPORT COMMISSION THURSDAY OCTOBER 12, 2000 - 5:45 P.M. IOWA CITY AIRPORT TERMINAL MEMBERS PRESENT: Alan Ellis, Rick Mascari, Howard Horan, Mark Anderson, John Ruyle STAFF PRESENT: Sue Dulek, Ron O'Neil CALL TO ORDER: Chairperson Mascari called the meeting to order at 5:48 p.m. APPROVAL OF MINUTES: The minutes of the September 14, 2000, Commission me~ting were approved as submitted. AUTHORIZATION OF EXPENDITURES: Ruyle made a motion to approve the bills. EHis seconded the motion and the bills were approved PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: No Items were presented. ITEMS FOR DISCUSSION/ACTION: ~ SEATS- Lisa Dewey and Henry Herwig represented SEATS and Cardinal Investments. Dewey requested approval to sublease their office space at 1701 South Riverside Drive to Cardinal investments. Maseari stated that the lease expires on December 31, 2001. At that time, the building will be moved or demolished because it is considered an obstruction. Herwig said they would like to sublease the property, with approval of the Commission. He said he realizes that the property is being leased "as is" and that the Commission will not provide any major improvements. O 'Neil said there are some requirements from the Commission that need to be added as an addendure to the SEATS sublease. Anderson made a motion to allow SEATS to sublease the property at 1701 South Riverside Drive. Ruyle seconded the motion and it was passed 4 - 0, with Horan being absent. b. Beacon tower painting bids- O'Neil said the project has been completed and the Commission will need to accept the project. He said the project was within budget and the state would pay 70% of the project. Anderson made a motion for a resolution to accept the beacon tower painting project. Ruyle seconded the motion and at roll call vote, it was passed 4 - 0, with Horan being absent. c. Gordon kase-Bldg H- Dulek said there is some FAA language that will need to be incorporated into the lease. It is non-discrimination language and non-exclusive fights. It does not change Gordon's anticipated use of the building. The Commission will take over the maintenance and insurance responsibilities for the tank in exchange for more control over the use of the tank. This is consistent with the way the Commission will structure the use agreement for the new fuel site. Anderson made a motion for a resolution for a five-year lease with Gordon Aircraft. Ruyle seconded the motion and at roll call vote, the motion passed 4 - 0, with Heran being absent. Gordon wanted to get the Commission's opinion on subleasing to an acre club. He said he had been contacted by a person that wants to start an acre club. The club would provide flight training and rent aircraft. The Commission said they would be interested in receiving more information on the proposal. d. North Commercial area 1. Road alignment - O 'Neil said Ross Spitz was working on a design that would try to incorporate the request from Harry Hinckley to leave the frontage road open, while maintaining the vertical clearance needed for a 50/1 slope. At this time, Spitz is working with Jerry Seade, from Snyder & Associates, to try to accommodate the Airport needs and still be a good neighbor to Hinckley. O'Neil will forward information to Hinckley when he receives it. 2. Marketing - O 'Neil said the Commission is ready to advertise. He drafted a prospectus to give to potential tirms. O'Neil said he is not certain where to advertise for the project. He contacted David Schoon, the City's Economic Development Planner, but Schoon said he didn't have any ideas on where to advertise. O 'Neff suggested the Commission advertise in the Cedar Rapids and Iowa City newspapers. Dulek suggested contacting the Board of Realtors to see if they have a publication that would reach all local interested marketing firms. 3. Other issues - The pro-construction meeting is scheduled for Tuesday, October 17, 2000, at 9:00 a.m. Streb Construction, the low bidder on the project, would like to begin construction this fall. Iowa City Landscaping will need to move their nursery stock. They are leasing on a month to month basis. O'Neil said he has been in contact with Paul Dykstra and will try to find a temporary location for their materials. ICL is interested in leasing one of the larger lots. e. Fly Iowa 2001 - Anderson reported on the preparations for Fly Iowa 2001. He said Ruyle is working on arranging the air show. Several vendors have expressed interest in participating. O'Neil is in charge of safety and security. Mascari and Ellis are involved in the education planning and fundraising. Plans are proceeding forward with the hangar dance and other events scheduled for the weekend. f. Bldg D - set public hearing for October 20, 2000 ~ 12:00 p.m. - Heran made a motion to set a public hearing for the plans and specifications for the renovation of Building D. Ellis seconded the motion and it was passed 5 - 0. g. Budget - FY 2002 - O 'Nell reviewed the FY 2002 operating budget with the Commission. O 'Neil suggested the Commission add more budget for temporary part time help for next summer to assist with getting things ready for Fly Iowa 2001, 0 'Neil said the Commission might want to increase the advertising line item to allow for extra costs for Fly Iowa. O 'Neil said the Commission should explore the idea of sharing janitorial services with other City Departments. He said that he didn't know if it would be any more cost effective to share with someone like Streets or Transit, but the Commission would have better control over the cleaning process. Sometimes the current cleaning company does a good job and sometimes they don't. O 'Neil said he has inquired about other cleaning services and the reports are about the same, as far as quality of work. Heran said he thought O'Neil should explore the costs of other ways to have the Terminal Building cleaned. O'Neil said the Commission will need to give him input on what capital projects they wanted to include in this budget year. He said the FY 2002 budget year starts in July 2001. Heran suggested resurfacing of the north parking lot. The asphalt between the north t-hangars should also be seal-coated. Anderson said money should be budgeted for landscaping and signs for the entrances for the North Commercial Area. O'Neil said that should be included in the capital project budget for the NCA. Ruyle suggested mirrors on the comers of the T-hangars to avoid possible collisions. Mascari suggested budgeting money to develop the two commercial lots on the east side of the Airport that border on Riverside Drive. O 'Neil said that "Old Jet" would need to be moved to develop those lots. Anderson suggested budgeting money to install floors in some of the north t- hangars. O'Neil said he would choose some of the projects the Commission has suggested and include them in the budget. Anderson made a motion to accept the FY 2002 budget as was discussed by the Commission. Ruyle seconded the motion and it passed 5 - 0. CHAIRPERSON'S REPORT Mascari officially welcomed John Ruyle to the Commission. Mascari reported that last month, he was one of the speakers at the Iowa Aviation Conference. His part of the presentation dealt with what a private pilot expects from an FBO. He said that one of the issues that pilots raised was restroom facilities for pilots and passengers after-hours. Mascari said he would like to provide keys to all pilots to be able to use the bathroom in the office attached to hangar #32. Mascari asked that this issue be put on the agenda for next month. Mascari said he is concerned with the lack of availability of mntal planes and mining provided by ICFS. He thinks the Commission needs to encourage ICFS to concentrate more in that area. Mascari said he thinks the Commission should advertise as soon as possible for RFQ for FBO services. He said he thinks that as an alternative, the Commission should consider running the services themselves. Mascari would like to schedule this item as an agenda item or as a special meeting issue. The Commission told O'Neil not to advertise for FBO services until they have had an oppommity to discuss this in more detail. Mascari said he wanted to comment that he thought the rotating beacon tower looks great. COMMISSION MEMBERS' REPORTS: Heran welcomed Ruyle and said that with guyle's appointment, he is the only non-pilot on the Commission. Anderson said that he was looking at some of the panels on Building K and he noted that there is some corrosion on some of the panels that were lying on the ground all summer. Anderson said be thinks there is a problem with mechanics coming on to the Airport and providing services. This is in violation of the Minimum Standards. He said some of the work being done is on aircra~ that ICFS either does not want to service or doesn't have time to service. Most of the Commission agreed that would not violate the intent of the Standards. Anderson said he also thought there were mechanics coming in on weekends and evenings that are in violation of the Minimum Standards. O'Neil said that is difficult to control because work is being done in closed hangars and is being done at times when Airport staff would not normally be at the Airport. Ruyle asked if the Commission had any policy on the collection of used oil? He said he knows of several pilots who have been collecting oil from their oil changes. O'Neil said that when ICFS's used oil tank was outside, it was a mess around the tank and ICFS was concerned about what people were dumping in the tank. They moved their tank inside the shop building. Ruyle will investigate further on setting up an oil recovery station. Anderson was concerned about the medical equipment in hangar #27. The Commission directed O'Neil to write a letter to ICFS reminding them that the hangars are to be used for aviation uses. Since there is a waiting list for hangars, they should give notice to the people storing medical supplies that they will have to give up the hangar. ADMINISTRATIVE REPORT: Selzer Werderitsch has began to reconstruct Building K. The completion deadline is November 17, ~-000. Bids are due forthe new fuel site on October 24, 2000. The Commission will meet at 12:00 p.m. to review the bids. The pre-bid me~ting is scheduled for October 16, 2000, at 10:00 a.m. The Planning and Zoning Commission approved the final plat for the North Commercial area on October 5, 2000. Horan's term on the Airport Zoning Commission expires on January 1, 2001. He will either need to be reappointed or someone else will need to be appointed by the Commission. A training session has been scheduled for November 1, 2000, at 1:15 p.m. at the Civic Center Council Chambers. O'Neil encouraged all Airport Commission and Airport Zoning Commission members to attend. The Airport Zoning Code needs to be updated in the near future. The transformer for the REIL on Runway 35 neexis to be replaced. It will cost about $ 800. O 'Nell suggested the Commission apply for a State grant to replace the 40-year-old system. He said the grant would be a cost-sharing project, with the State paying 70% and the Commission paying 30%. O'Neil will prepare an application. SET NEXT MEETING: The next regular Airport Commission meeting is scheduled for November 9, 2000,at 5:45 p.m. ADJOURNMENT: The meeting was adjourned at 8:05 p.m. Rick Mascari, Chairperson MINUTES IOWA CITY AIRPORT COMMISSION THURSDAY OCTOBER 24, 2000 - 12:00 P.M. IOWA CITY AIRPORT TERMINAL MEMBERS PRESENT: Rick Mascari, Mark Anderson, John Ruyle STAFF PRESENT: Sue Dulek, Ron O'Neil CALL TO ORDER: Chairperson Mascari called the meeting to order at 12:03 p.m. ITEMS FOR DISCUSSION/ACTION: a. Bids - fuel site: Carl Byers and Dick Blum, from H.R. Green Company, opened bids for the site work for the new fuel system. The apparent low bid was from PCI in the amount of $146,250.57. Byers and Blum will check the bids while the Commission conducts other business. b. Public hearing-plans and specifications for Bldg D: Mascari opened the public hearing at 12:07 p.m. There were no comments from the public. Mascari closed the public hearing at 12:08 p.m. c. Building D - plans and specifications: O'Neil said the engineer's estimate for the building rehabilitation is about $ 77,000. He said the design calls for roof replacement and residing the building. The Commission has a grant from the IDOT for $ 50,000 to apply toward the project. Anderson made a motion for a resolution to accept the plans and specifications for the rehabilitation of Building D. Ruyle seconded the motion and at roll call vote, it passed 3 - 0, with Ellis and Horan being absent. Fuel site- Anderson made a motion for a resolution to accept the bid of PCI in the amount of $146,250.57. Ruyle seconded the motion and at roll call vote it passed 3 - 0, with Ellis and Horan being absent. ADJOURNMENT: The meeting was adjourned at 12:23 p.m. Rick Mascari, Chairperson 11-21-00 IOWA CITY PUBLIC LIBRARY 4b SPECIAL MEETING - OCTOBER 10, 2000 5:00 p.m. - 2nd floor Conference Room Members Present: Parker, Magalh~es, Dellsperger, Martin, Prybil, McMurray, Singerman Absent: Swaim, Barclay Others: Clark, Craig, Logsden, Eckholt, Lauritzen, Lubaroff, Nichols, Black, Green The meeting was called to order at 5:05 p.m. UNFINISHED BUSINESS FY02 Budget Development The updated version of the Budget in Brief was reviewed. The biggest concern remained the question of personnel requests. Craig reported that the management staff talked about the strategy of cutting the budget to make up for the position. To cut $50,000 from our operating budget is a considerable amount and difficult to do. We spent $3,000 on systems overtime in fY01 and cutting that from the budget would not be a significant amount. In addition, with a 3rd person we would spend more Overtime because we would then carry out our plan to have a rotating on-call schedule and pay people to be available on weekends. The issue of continuing to use a consultant was raised. Craig reported that we spent $30,000 on a consultant last fiscal year, and do not have it planned for this year. Last year was for a particular effort. We could cut our materials budget, and stop printing the ICPL Special Meeting Agenda item 3A October 10, 2000 Page 2 Window. Craig said that if she was instructed to cut $50,000 from this budget, she could find places to cut but it would impede our services. At this time the staff recommend not making these cuts on the untested chance that we could get a staff person. Craig was asked to explain why the Overtime budget would increase with a new position. We would have someone on call on the weekend. If we were budgeted for the third Systems position, and could implement our on-call schedule, the overtime budget would include funds to pay people to be available to be called-in on weekends. Then, if someone was called in they would be paid overtime in addition to their on-call pay. The new position along with the on-call plan could cost $62,000/year. If the position is not approved, we would not move ahead with the on-call plan and would limp along as we have been. There are no City guidelines about Personnel this year. They issued guidelines for other pans of the budget; but not personnel. There has been no official edict instructing departments to not ask for new staff. There is the money that the City Manager put into the Library personnel budget for FY03 to plan for the new building. Martin said that the possibility of cutting the budget, asking for a new position, not getting it and losing what was cut was disturbing to him. Craig said if an income stream could be identified to fund this position, that would be more reasonable a recommendation than cutting the operating budget. Cutting the operating budget to fund a position would indicate to Council that the items cut are not a priority. ICPL Special Meeting Agenda item 3A October 10, 2000 Page 3 Singerman suggested presenting the request with the recommendation that we would fund it for one year until FY003 when new positions could be requested. Magalhies reported on conversations with some Council members regarding requests for staff. He was encouraged to ask for what we need. What happens if they say no? We do have a overburdened systems staff. We could spend NOBU money to get a specific project done in 02. Craig was asked what income streams we have and how we could refocus that money. The reply was that our NOBU funds are already being used for projects. A new position would take a lot of the discretionary funds and we would probably never get the position funded by the City. Board felt like they had three options: to request the position from City; to find funding for the position ourselves; or get by without it. Dellsperger feels like we haven't looked at other personnel in the building. Are there some positions in the library that can be redesigned to allow funding for this position? Craig replied that we have restructured positions whenever an opportunity arose; just in the recent past, created V2 time Web person, a Circulation Coordinator, etc. It is our feeling that this position needs to be full-time position and the only way we can do internally is if we had a full time position become available and then ask the City to reclassify it. Dellsperger feels Craig did not do what the Board requested by not specifically showing cuts that could be made. ICPL Special Meeting Agenda item 3A October 10, 2000 Page 4 Boards often do not have the depth of information that they need. Managers who have the experience look at it with Craig from a more informed standpoint. There are times that Board members need to have more information regarding manager's thought process. If we decide to include this in the budget the request can be made due to an increase in technology and not related to the expansion of the building. Craig said we have a proven track record of using open positions to take opportunities to redefine jobs to get the skills that are needed. This is a high level position needing someone with a high level of skill, training. We can't take someone on our staff and grow them into the position. Magalh~es said he is sympathetic because at the State level they cobble positions together a lot and often live to regret it. He thinks we should present it to the City and if it gets turned down we can look for another solution. Parker moved to approve the budget as presented. Magalh~es seconded it. Singerman commented that even if we funded a position, sooner or later we would have to go to Council. We could try to identify State and girl money however her concern is that personnel is forever. How badly do we need it? If we have to have it, then it needs to be funded. How do we balance the responsibilities of the Board to meet the needs of the patrons and yet keep our promise?. A significant network down time could be a major inconvenience to the patron. ICPL Special Meeting Agenda item 3A October 10, 2000 Page 5 Ultimately what is the best strategy to get this position? If we ask for it this year, and we do not get it, do we ask again for another year? There was some concern about Craig's statement in her cover memo that we did not look at the option of cutting any money. Singerman said she thought that that is what the Board had asked. They wanted to see some possibilities for cuts and her recommendations, which they did not feel were provided. Craig moved on and reviewed some changes and some increases in particular line items like Park & Read, an increase to OCLC, copy machine rental which was approved in last year's budget but did not get included along with the request for maintenance which did. Asked about replacement funds and whether they can be used for a new van. We will replace the library van with the current vehicle replacement fund, but that is only to be used to replace what we have currently. There are also line items in the budget for computer and equipment replacement funds. They are $45,000 and are to be used to replace inventory equipment. The reason to replace the van is that is now used exclusively for book pick-up and we need a vehicle to use for outreach and to take staff to meetings, etc. Where would we put the van? Craig said that before we had bookdrops we parked our van in the City lot. We would take advantage of that space again. In the 9000's, capital expenses, Craig did take out the request for a third 3rd remote bookdrop when the request for additional maintenance staff was removed. ICPL Special Meeting Agenda item 3A October 10, 2000 Page 6 Craig's recommendation is to not make any cuts in the operating budget and keep the systems position request in. She was asked about guidelines: She replied that it varied. The City allowed a 2% increase for supplies; much higher for sewer and water, etc. Library revenue is holding steady. Dellsperger still feels very uncomfortable going to the City to ask for a position when we are saying we don't have space to do anything more. Magalh~tes asked if it was possible to present a formal budget request after the referendum. Craig felt that might be a possibility although the City manager would want to see the initial budget request by City deadlines. The City Council talks about it in January/February after the manager publishes his recommendations in December. Martin asked about presenting the budget except for the newpersonnel portion? The motion still stands. We could direct Craig to not present the new position until after the election. Board Meeting in November is the 16th. Parker doesn't see the risk that everyone else sees. We could approve the budget without personnel and then do that after the election. Parker made a motion to amend the motion on the floor to approve the proposed budget except for the new personnel request and its implications which will be reconsidered after the November election. Prybil seconded it. ICPL Special Meeting Agenda item 3A October 10, 2000 Page 7 Discussion. Magalh~es said he would approve the budget either way so he'd vote no for the amendment. Would Overtime change if the new position was not included? Craig said it would reduce because we would not have the on-call position. We would not spend all of the OT budget. A vote was called for. Singerman, Prybil, McMurray voted Aye. Magalh~es, Parker, Dellsperger voted Nay. Martin broke the tie, voted in favor of the amendment which then passed. A vote for the new motion was called. All voted Aye. Magalh~es cast a Nay vote. The need to schedule a special meeting was discussed. It was felt unnecessary and we will meet at our regularly scheduled time of November 16, 2000. Craig will have the budget with the final numbers, which may vary slightly after entering them into the City's system, to present at the October meeting for final approval. The meeting was adjourned at 6:10 p.m. Submitted by MIL MINUTES Agenda item 3B I 11-21-00 IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES 4b(8) THURSDAY, - OCTOBER 26, 2000 5:00 PM Members Present: Linda Dellsperger, Mary McMurray, Shaner Magalh~es, Mark Martin, Lisa Parker, Linda Prybil Members Absent: Winston Barclay, Jesse Singerman, Jim Swaim Staff Present: Barbara Black, Susan Craig, Larry Eckholt, Debb Green, Kara Logsden, Martha Lubaroff, Liz Nichols Others: Terri Byers, Staff; Fred Lucas, Press-Citizen; Nathan Hill, Gazette; Gary Sanders, Shana Stuart, James O'Gorman, Practicum students CALL TO ORDER: President Martin called the meeting to order at 5:00 p.m. Terri Byers reported on Labor negotiations, which had just begun. Started negotiations on current contract. First round started. Sanders and Byers reported that the City Federation of Labor discussed and endorsed the Library expansion project and will encourage its members to vote yes. APPROVAL OF MINUTES: The minutes of the regular meeting of September 28 were approved unanimously after a motion by Parker/Prybil. UNFINISHED BUSINESS Buildin.q project: Craig passed out a copy of the City Council resolution authorizing the purchase of the property west of the library, contingent on the passage of the bond referendum. There was some discussion about the property owners receiving a $20,000 payment from the City in the event the referendum does not pass. This is dependent on timing of an eventual sale. Leases expire in February and they would not have much time to sell in that event. It is advantageous to have an agreement since it locks the price in. In response to a question, Craig said she felt the property would be marketed which could impact further plans for us if the referendum does not pass. Magalh~es mentioned on behalf of the Campaign Committee, the need for additional funding. Budfiat FY02: Craig spoke to City Manager about holding off on the request for the staff position until after the referendum passes. He is aware that there may be an amended budget request coming over after November meeting. Craig explained that the budget request is slightly different than what they saw last time. The bottom line on some numbers may change. The position request was removed. Dellsperger moved approval. Magalhgles seconded and it was approved unanimously. Prybil asked about the van. Was the request for a replacement or a second van? Craig explained that the request was for a second van although we will also be replacing the current van with replacement funds and getting a cargo van. The second van is needed for outreach and taking groups to meetings, since the original van is now exclusively used for remote bookdrop pick-up. Martin asked for other questions. Hearing none, he called for a vote. The motion was approved unanimously. NEW BUSINESS ICPL BOARD OF TRUSTEES Agenda item 3B October 26, 2000 Page 2 None STAFF REPORTS In response to citizen complaints and a Board request, signs have been ordered to disallow smoking 20 feet from the Library entrances. The City Attorney's office has approved this rule. Community Reading Month. First of the series was 8 Celebrity Series featuring guest book talkers. The schedule is included in the Board packet for Board's information. Contract Bargaining has begun. Next month the Board will be asked to approve a formal resolution that says we have moved into contract bargaining with the City. Craig will prepare data about temporary employees for the November meeting. Parker asked that we get the information out as soon as possible. Craig says we employ about 40-50 temporary employees. We call them hourly because the are not seasonal. Our temporary workers work less than 20 hours a week. These are non-authorized positions. We ask for the hours that we need in the budget. Shelving is the biggest task in the library covered by temporary workers. Average length of employment is 18 months. They start at $6.50/$6.75 per hour. Volunteers in Circulation are used to check in materials, not shelve. Development Office: Our consultant, Andre8 Springer, was present and reported being positioned to take advantage of any momentum after the election. Board members are being solicited for contributions. The first round of leadership gifts have been identified, materials have been prepared. All is ready. Eckholt announced hiring Barbara Curtin as the new Campaign assistant, Curtin is the recently retired Director of Big Brothers/Big Sisters. She has been involved in the political campaign as volunteer coordinator. Eckholt expects the annual report mailing to go out at the end of next week. This begins a very busy time for the Development Office. He reminded all that November 12 is the annual Book Gala, which is when we have the opportunity to purchase books at Prairie Lights and a portion of the income is donated to the Library. Readings: Craig included readings she felt would be of interest to Board members. New Window format: Feedback was asked for. Some suggestions were more pictures, less text. The plan is to publish less frequently with more feature articles and less calendar items. Internet Filtering: A portion of a video was shown, featuring a talk given by Brian Davis, Cedar Rapids Public Library as part of the Intellectual Freedom Festival. Craig talked about the first part of his study, which was to study Internet filters. Legitimate sites with general terms were filtered out. At the same time some things got through that would be considered pornographic. Federal bills are on the verge of going through which contain internet filtering as a requirement for schools and libraries to receive federal money. This definitely will be an issue on a state level with the next legislative term. PRESIDENT'S REPORT Martin reported on his recent appearance on PATV to discuss the library expansion issue. He was unexpectedly confronted more with a conversation about the issue of benefits for temporary employees. He believes Board needs to have information in order to defend the position. A lot of issues arise out of confidential personnel issues that we cannot explain. We need to be sensitive to the needs of staff, while at the same time, explaining our position. ANNOUNCEMENT FROM MEMBERS ICPL BOARD OF TRUSTEES Agenda item 3B October 26, 2000 Page 3 Magalh~es artended the Iowa Library Association meeting in Ames recently. He reported it to be an interesting, educational process with informative sessions. He encouraged Trustees to attend next year's conference, which is in Davenport. The Library sent 10 staff members to attend all or part of the conference. COMMITTEE REPORTS Dellsperger asked about follow-up on the recommendation for new procedures for evaluating the Director. Craig will write something up for the December Board meeting. FINANCIAL REPORTS Expenditures are at about 25% of the total budget, which is just where Craig wants to be after the first quarter. Receipts a little down: copy machine income and fines, which could all be indirectly due to improved technology. We are still trying to evaluate photocopies and how to handle the decrease in income. Gift Funds report Output statistics show a 1% increase in circulation Reserves are up, Information questions are down. All electronic use is up except dial-in access, which is being replaced by Web access. Craig noted cost savings in postage due to a balance in numbers sent by mail and by e-mail notification. Circulation by Area/Agency Johnson County circulation is up. DISBURSEMENTS Visa report was reviewed. Disbursements for September were approved unanimously after a motion by Parker/Magalh~es SET AGENDA ORDER FOR NOVEMBER MEETING Results of election. What next! Bargaining and discussion of temporary employees ADJOURNMENT: Adjourned at 6:15 p.m. Minutes taken and transcribed by Martha Lubaroff PARKS AND RECREATION COMMISSION OCTOBER 4, 2000 MEMBERS PRESENT: Carol Casey, Barbara Endel, Craig Gustaveson, Bruce Maurer, James Moxley, Matt Pacha, Rex Pruess, A1 Stroh MEMBERS ABSENT: Toni Cilek STAFF PRESENT: Mike Moran, Terry Trueblood GUESTS: Ron Clark, Jody Hovland, Amy Estes (Riverside Theatre); Marilyn Belman (Johnson County Coalition for Persons With Disabilities); Len Sandler and four students (U of I Clinical Law Program) FORMAL ACTION TAKEN Moved by Maurer, seconded by Stroh, to aOOrove the SeOtember 7, 2000 minutes as written. Unanimous. Proposal for Permanent Seating at the Riverside Festival Stage in City Park: Moved by Maurer, seconded bv Gustaveson, to suoDort the project with the fundin~ source bein~ the balances from comoleted oroiects in combination with the Riverside Theatre's commitment to contribute one-haft of the $207,000 estimated cost, and encouraging, the City Council to fund the remaininR amount from another fundinR source. Unanimous. RIVERSIDE FESTIVAL STAGE-PROPOSAL FOR PERMANENT SEATING Ron Clark, Jody Hovland and Amy Estes presented a proposal for permanent seating at the Riverside Festival Stage in City Park. A packet was distributed containing estimated cost, a drawing depicting the layout and a picture of the permanent outdoor seating at the American Players Theatre in Spring Green, Wisconsin. Clark reported on the successful first year of the Riverside Festival Stage, adding they would like to build on that success by installing permanent seating, comparable to the seating at the American Players Theatre. Neumann Monson has designed a floor plan for seating that would accommodate approximately 475 people. The base would consist of a concrete pad with a three inch per row rise gradual grade that would be ADA compliant. The concrete could be acid etched and color stained to address aesthetic concerns. Clark stated the Riverside Theatre would be an active partner in this endeavor and plan to conduct a special fundraiser to raise $100,000 of the overall cost. Any amount over this will go towards covering administrative costs and other items needed by Riverside Theatre. He also noted Neumann Mortson has indicated their willingness to reduce their design fee by 50%, which would amount to a saving of approximately $7,500. Pacha asked if it would be an open facility and questioned potential vandalism. Clark stated it is an open facility, and as far as vandalism there has not been any to date. Riverside Theatre would like to work with someone to develop a system of tarps that could be locked down over the seats to protect them, noting the seats are designed for an open air facility. Moxley asked if thought had been given to a translucent roof; Clark stated they had looked at various options and felt a roof would gain a certain level of security for the performances, but would lose the ambiance created performing in an open-air facility. Endel asked if the addition of seating would expand the number of tickets sold; Estes stated it would accommodate an additional 25 seats. Estes noted the drainage problem at the present facility. When it rains a large section of the area becomes very marshy and muddy. Plywood sheets were used to combat this problem, which involved a lot of labor and time and also created problems in getting grass to grow. The proposed concrete seating base would drain towards the front to a floor drain. Casey asked if there was a master plan created for this facility; Clark indicated there was not, other than the plan initially created which resulted in the existing facility. Casey expressed concern with piece mealing the project and not having a master plan from the very beginning. Clark stated the only thing he thought they might like to do in the future would be to install restrooms. Estes stated at the onset of this project the anticipated facility was very sufficient, but because of the drainage problem installation of seating would greatly improve the facility. Pruess asked if there had been sufficient parking. Clark stated parking was sufficient, noting they could foresee installation of lighting in parking lots adjacent to the theatre. Casey asked if they had considered benches with cushions that could be put out and stored; Clark stated they looked at various options. Wooden benches would need to be replaced on a regular basis and aluminum or plastic benches were more expensive. Casey questioned if the seats were slit or tom if the pads could be easily replaced. Clark stated the manufacturer will send a number of covering kits and have guaranteed that the material will be available. Endel asked how many other groups use the facility and if permanent seating would constrict their use of the facility. Trueblood stated based on the uses this year, permanent seating would have helped as opposed to restricting. Gustaveson stated it was a wonderful idea and supported it. He asked how it would affect the theatre's long range planning and goals if the project was delayed and included in next year's CIP projects. Estes stated they would at least like to do the concrete work in the first year. They were very fortunate this year in terms of the weather, and because of the drainage issue, access and comfort, the concrete work would be something solid to place chairs on. Clark stated he spent 3 hours before one performance using a shop vac to remove 90 gallons of water from the grassy area, and felt it was important to deal with this issue. In terms of development, he noted it would slow down audience development, with people wanting to be comfortable. He stated people like to see their money going into things they can see, feel or touch, noting it would be a great gift to the community. He stated he personally would like to see the project completed in its entirety in one year. Pruess asked for clarification on how much money was spent to construct the stage. He recalled that the commission endorsed locating the stage in lower City Park, with the anticipated cost being $120,000. He noted the cost ran over by a fair amount and asked who absorbed it. Trueblood stated the project cost was $400,000, with $80,000 covered by a grant the City received and the remaining $320,000 by the City. Clark stated Riverside Theatre paid for the sound and lighting system and production costs. He noted much of the cost overrun was based on floodplain construction and unforeseen problems. The numbers on the seating cost is very firm and the cement and groundwork costs are based on Neumann Monson's estimate. Gustaveson asked if a grant could be applied for. Trueblood noted he was not aware of any grant that would fit within the timeline for this project. Amy noted a phased project would not be large enough to apply for a grant. Maurer, Stroh and Pruess indicated they supported the project, but not at the expense of any other parks and recreation project. Stroh noted the CIP prioritization process completed by the commission and the need to fall back on the process to the extent possible. Pruess noted the commission's number 1 priority, the Miller- Orchard Park, is not planned until 2002, and if he had to pick what project he would use $100,000 for it would be that project. Casey stated she believed in a planning process and not undoing budgeted items, noting she supported the idea wholeheartedly. She preferred a more comprehensive approach and including the cost to cover the seats. She questioned if the City owns the project, why it was not in charge of the engineering process and architectural work. She stated she would want to know all of the costs involved, noting if the City could find the money it would be great. Endel stated she supported the project and the cost vs. benefit persuaded her to delay a current project, such as the relighting of the tennis courts. Moxley stated he was leaning towards offering the project back to the City Council for additional funding, noting the project has proven it has a future. He was not in favor of trading off projects for it. Pacha stated he supported the project, with the rub being funding. In terms of financing, he would like to send a message to the City Council that the commission is 100% in favor of the project and encouraging them to look at other funding avenues. Trueblood stated there appears to be some balances in several projects that are complete or nearly complete in the amount of approximately $50,000-$60,000, money that could be requested to go towards this project. He noted this would be a special request. In the past any surplus has gone into a reserve or contingency fund for projects that come in over budget. He asked the commission if this was possible, would this be the project they would want to use the money for or would they wish to use it for another project that is a higher priority. He noted with respect to the Miller Orchard Park, the neighborhood planning process would begin this winter, with construction planned for next summer. There are also smaller annual projects such as park shelter improvements, which is $10,000 per year that the department could forego for one year. Casey asked if the commission would be willing to raid other projects; Pruess and Maurer indicated they were not. Gustaveson asked if the City came up with $50,000-$60,000 from surpluses and maybe another $10,000 from an annual improvement project would Riverside Theatre be able to come up with an additional $30,000- $40,000. Estes indicated it may be possible, but felt the Board of Directors as well as the City may have concems with the Riverside Theatre putting in more than one-half of the cost of the project. Trueblood indicated the City would have no concerns. She noted they may be eligible for a grant up to $25,000, but the deadline was very soon. Moved bV Maurer, seconded by Gustaveson, to support the project with the fundine source bein~ the balances from comoleted oro[eets in combination with the Riverside Theatre's commitment to contribute one-half of the $207,000 estimated cost, and encoura!~in~ the City Council to fund the remainin~ amount from another fundine source. Casey noted this did not include the cost for harps to cover the seats. Estes stated the Riverside Theatre was willing to pay for a harp system. Unanimous. Trueblood stated he would report back with figures once they are fumed up. Estes expressed appreciation to the commission for their time and thoughtfulness. BUDGET PREPARATION Trueblood reported the budget preparation process has started. He asked the commission to think about any new CIP projects that should be addressed, and to submit them to him via e-mail within the next two weeks. He noted prioritization could take place at the November meeting. PROJECT STATUS REPORT Trueblood reported on the following: Skate Park. Consultant contract is being reviewed and it is projected to be bid by April 1st at the latest. Mercer/Babe Ruth Building. Plans are complete, with the project to be bid on November 1st. Babe Ruth will be contributing towards this project. Hunters Run Park. Consultant has been hired and the first meeting with the neighborhood is anticipated to occur sometime in November. Hickory Hill Trail Plan. Consultant contract has been renewed and October 24 is the first meeting involving interest groups; i.e., Friends of Hickory Hill Park, Johnson County Coalition; U of I Law Clinic. A second meeting, scheduled for November 13 at 7 p.m., will be open to the public. Ned Ashton Park. The project has been completed. COMMISSION TIME Moxley referred to an article in the Press-Citizen which stated the consultant for the Hickory Hill trail plan, Dunbar Jones, was the one who "dropped the ball" on another project; Trueblood stated that he felt the editorial was not entirely factual. Pruess stated he has been very impressed with Dunbar Jones and would rehire them in a heartbeat. Casey asked that the clocks at the City Park Pool and Mercer Park Aquatic Center be replaced with larger clocks that are easier to see. She also expressed concern with the inability to purchase a swim pass during non-business hours. She noted there are people behind the desk at the Mercer Park Aquatic Center during these off-hours and she felt they should be able to sell the passes. Trueblood noted until last year passes could never be purchased at Mercer, with the current office hours based on peak times. Moran stated allowing temporary employees to sell passes would entail training many temporary employees on a continuous basis and would also create an accounting nightmare. DIRECTOR'S REPORT Trueblood asked Moran to give a brief report on air testing at the Mercer Park Aquatic Center. Moran stated he was referred to the University of Iowa Hygienist Lab and met with a hygienist two weeks ago. She was given a list of people that have complained, who she will be interviewing. They had to order air quality testing equipment, and testing is scheduled for next Thursday or Friday. Staff is currently running two fans to keep the air circulating during practices and the reduction in humidity has also helped. Marilyn Belman indicated the Johnson County Coalition for Persons with Disabilities and the U of I Law Clinic will be sending a letter with different suggestions and information regarding the Hickory Hill Park trails. At the recent ADA parade surveys were completed by those in attendance to obtain their input and suggestions. ADJOURNMENT Moved bv Stroh, seconded by Pruess, to adiourn. Unanimous. The meeting adjourned at 6:30 p.m. PLANNING AND ZONING COMMISSION .~..~ NOVEMBER 2, 2000 - 7:30 P.M. ' ' CIVIC CENTER COUNCIL CHAMBERS ~ ~'.~.,~ MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Jer~ Hansen, Norm Osland, Marilyn Schintler, Dean Shannon MEMBERS ABSENT: None STAFF PRESENT: John Yapp, Sarah Holecek OTHERS PRESENT: R.J. Moore, John Beasley. Lyle Seydel, James Denneny, Rick Dvorak RECOMMENDATIONS TO COUNCIL: Recommended by a vote of 7-0 approval of a revision of the Iowa City/Johnson Coun~ Fringe Area Agreement to change the map change at the Highway llHighway 218 interchange to reflect the commercial and residential land uses anticipated and already being used as such. Recommended by a vote of 7-0 that the commercial designation at Herbe~ Hoover Highway/Interstate 80 interchange remain as originally proposed and not be amended as requested by the Board of Supeffisors. CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:34 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg said it is a citizen's chance to help the City and an oppo~unity to volunteer. She said the following boards need members: Board of Adjustments Board of Appeals Human Rights Commission Parks and Recreation Commission A~ Adviso~ Commi~ee Senior Center Commission Housing and Community Development Commission Solid Waste Adviso~ Commission DISCUSSION OF PROPOSED AMENDMENTS TO THE FRINGE AREA AGREEMENT BE~EEN IOWA CI~ AND JOHNSON COUNTY: Bovbjerg said this was last seen at the August 17, 2000 meeting and it has gone to Council and County and come back to the Commission. Yapp said since eve~one in the room was familiar with the issues, he would give a brief staff repod and take questions. He said the draft of the Fringe Area Agreement be~een Iowa City and Johnson County has gone to the Council and the Board of Supe~isors and the Board has suggested a few changes and referred it back to the Planning and Zoning Commission for their consideration. He said the first change involves the Highway l/Highway 218 interchange. The Board wants the map to show the existing areas that are zoned and developed as commercial and to reflect that the existing zoning allows some higher density residential uses; higher density by County standards as opposed to City standards at the western pa~ of this intersection. He said City staff does recommend that the map be changed to reflect this. Holecek said the request is for the map to reflect the zoning that is in place currently. Planning and Zoning Commission November 2, 2000 Page 2 Bovbjerg said she was going to ask about that because a map she had seen earlier this spring showed it keyed for agricultural but this is agricultural and residential. Yapp said some of it is used for agricultural but zoned for residential. He continued by saying for clarification, the Fringe Area map does not constitute a rezoning of property. It is to show potential future land use. Yapp said the second item up for discussion is the Herbert Hoover Highway/Interstate 80 interchange. He said the issue is the total area to be designated for future commercial development. He said County staff has asked that some additional commercial area or possible commercial area be shifted to show some future commercial uses in two additional quarter-quarter sections on the western quadrants of this interchange. He said the City's position is that commercial development should focus on the interchange itself and not create additional commercial designation on Herbert Hoover Highway leading into Iowa City. He said the two quarter-quarter sections, one on the north side and one on the south side of Herbert Hoover Highway shift the focus from the interchange to begin some commercial designation further down Herbert Hoover Highway. With the loss of the focus away from the interchange, it starts to become more difficult to define where commercial designations should start and where it should stop. It is staff's view that there is substantial opportunity for commercial development around the interchange without adding the additional quarter-quarter sections on the west side. He said the map shows the quarter-quarter sections already added so if the Commission makes a motion they should keep that in mind. Staff recommends that the map be changed to reflect the commercial and residential land uses in the Highway l/Highway 218 interchange but that the commercial designation for the Herbert Hoover Highway /Interstate 80 interchange remain as originally proposed which allows an additional 178 acres for future commercial development. He said the next few maps on the overhead reflect some discussion that occurred at the informal meeting. He said the question was how much commercial area is possible at other interchanges within Johnson County, specifically at Tiffin and Oxford. He referred to the map showing the Tiffin area and as the map notes, most of that area around the Tiffin interchange is available for development. Yapp said at the 1-80 interchange in Oxford, with the exception of the CP2 area, most of the area is built out. Ehrhardt said her understanding when they looked at this in August was that the joint committee of the County and the City; their recommendation after discussing this parcel was not to add parcel to the map. Yapp said yes the original recommendation was to include all of the area around the 1-80/Herbert Hoover Highway interchange designated as commercial, except the two quarter-quarter sections on the western side. Ehrhardt said they were not aware of dissention in that committee. She asked if the change from that committee's recommendation comes from the County. Yapp said he thought it was safe to say that at least one member of that committee was not happy with the compromise that came out of the committee and asked that some additional area be explored and asked the County staff to look into having some additional commercial area be designated. Ehrhardt asked if that was discussed with the committee already. Yapp said he believed so, but he didn't sit on the committee. Bovbjerg said as she recalled when the joint committee was meeting, squaring off was the original squaring off that was seen in August. Hansen asked if the additional part on the northwest corner of this zoning was an addition to the original map that was drawn. He asked if that was the Donovan addition. Yapp said that was correct. Hansen asked if it has already been amended at one time. Planning and Zoning Commission November 2, 2000 Page 3 Yapp said that is what is being proposed. He said existing commercial property (Eyman property) was rezoned a few years ago. He said that has already been zoned commercial by the County. Hansen said that was an amendment to the original concept of this. Yapp said that staff, City Council and Planning and Zoning Commission recommended against this area at the interchange being zoned commercial at the time. He said now staff acknowledges the existing commercial zoning since it already is zoned commercial, and the Fringe Area map should reflect this. Public discussion: R J Moore, Assistant Planninq and Zoninq Administrator, Johnson Countv said he and Rick Dvorak are there on behalf of the Board of Supervisors. He said as the Commission is aware from their work session, they presented the County's position. He said the County feels, that in order for them to achieve the goals of their new Land Use Plan that they adopted in December of 1998 and started implementing in January 1999, they need someplace to say is appropriate for commercial or industrial development. He said that gives them an opportunity to say no to requests that come to them that are in inappropriate areas of the County such as the rural agricultural areas. He said when County staff was looking at this map after the City Council approved it, and were discussing it with Board members they felt that the 23.83 acres at the southeast quadrant of the interchange was not usable to the County. He pointed to the area that has a history of being zoned and used commercially and that is why they chose that area as an appropriate area for the County. Regarding Tiffin, County staff recently received notification that the City of Tiffin is annexing everything north of the Interstate so that would not be available for the County anymore. He said he shared a memo with the Commission at the informal meeting that could be read into the minutes. It is as follows: The Johnson County Board of Supervisors has sent back the proposed Iowa City/Johnson County Fringe Area Agreement to the City of Iowa City. It is the Board's desire to have the City take another look at the proposed agreement. The Board has some concerns about the map, in particular the Interstate 80/ Herbert Hoover Highway interchange. He said per the 1998 Johnson County Land Use Plan, the County is working on an Economic Development Plan, based on adopted goals in the 1998 Plan, and the 1996 North Corridor Plan. Staff, along with the Planning Commission and Board of Supervisors believes some limited commercial/industrial development is appropriate in the unincorporated areas of the county. The majority of these we believe should be directed to the villages such as Morse and Frytown, where as we cut off rezonings in the rural ag area, protecting agricultural land, we feel we can revitalize those villages with centers where people can live and have mixed uses there to support residential uses. He said if the County is to continue the trend it has set the last two years of aggressively protecting agricultural land by saying no to non-agricultural rezoning in the rural area, it must have identified areas for non-agricultural zoning districts. The North Corridor and villages serve as future residential growth areas, with villages and major intersections also identified for commercial and industrial growth. The County has been encouraging recent developments to have community water and wastewater systems, especially for commercial development. That is why there is concern regarding the way the proposed Fringe Area map is drawn for the 1-80/Herbert Hoover Highway interchange. He said the County feels the 1-80/Herbert Hoover Highway interchange should be redrawn for these reasons: · The current zoning and commercial uses of this area. This area has a long history of being used commercially, and zoned commercial. · This is an area the County is identifying as appropriate for limited commercial development. · It is at a major, paved road intersection capable of handling the additional traffic volume. · It has existing water and wastewater systems (Gateway) that could be made available to surrounding users. · CP2 (Planned Commercial) is the most restrictive commercial zoning district in the county; we have the most control over that zoning district. Planning and Zoning Commission November 2, 2000 Page 4 · A large portion approximately 77 acres, as identified now at the eastern quadrants of the interchange is not desirable for development, because it is not currently accessible by paved roads. Moore said Karin Franklin mentions in her memo to the commission that the county is unsure of how much land we will need for commercial development. That is true, they are working with what the proposed agreement shows right now. He said the County wants to red raw the lines. He said the County has identified approximately 156 acres available for development, of which 77 acres is east of Utah, and due to poor roads is not desired for development at this time. He said Franklin mentioned about the north side. If anyone tried to develop there they'd have to pave those roads. It can't be done on gravel; the County's new land use plan doesn't allow that. Moore said the County just wants the Commission to consider designating the 77 acres as commercial on the Fringe Area map, which really according to the proposed map, is approximately 66 acres, 16 acres on the north side, which is Donovan's and a quarter section on the south side that can be utilized. The idea is to square the map off with the existing Eyman development on the north side of the road, drop straight south of the road and go back to the east. Moore said there appears to be some concern that is echoed in Franklin's memo that it is the intent of the County to have strip development in this area and continually move west towards Iowa City. It is not the County's intent to have strip development. The County does not want to go any further to the west than the western edge of the Gateway development. He said the County believes that the proposed changes represent a sensible and rational approach for new commercial development in this area. More said to continue to do good land use planning for the County they have to identify areas as appropriate for different uses; commercial and industrial uses or uses that they have identified as permitted uses in their zoning ordinance and they feel it is appropriate to do it here. He said County staff is willing to recommend to the Board a swap, not an add; but swap the commercial designated land in the east quadrants of the interchange for the two quarter-quarter sections on the west. He said they don't wish to go any further. He said the Eyman development is built to City standards. He said it has curbed and guttered roads, has shared and community wastewater systems and has a shared well. He said the reason they wish to designate additional commercial there is because any additional users could hook into the existing wastewater system. He said future development could hook into Eyman's wastewater system because he is way under capacity. He said they looked at their aerial photos and it did not show a road to the eastern property. He said it's 40 foot wide and the only thing the County can do on 40 feet is farm access or put 6 residential lots. He said again, that's why they feel that is unusable to the County as commercial property. Chair asked Moore to explain further what he meant by Tiffin annexing north of the Interstate so it would not be available to the County. In terms of the intersection and the type of development that happens on that intersection would it be radically different between City and County uses. Moore said he would assume that Tiffin intended to use it as commercial. He said he thought the map showed it as CH (Highway Commercial), which could permit truck stops. Chait asked wouldn't it be similar to a commercial highway development. Moore said yes it would provide overall commercial availability to the County but not to unincorporated Johnson County specifically. He said with the City developing commercially, it doesn't allow the County to have places identified as appropriate when they take it in. Chait asked if that's because the County wouldn't have the final say about it. Moore said it's not unincorporated having the final say; it's having something available for requests for commercial development in the County. He said they disagree with the City philosophically whether or not commercial development should occur in the County. They feel some limited commercial development can occur in the County. He said when the City annexes property, then that's not the County and they have people coming to them still asking to develop commercially and if it's not here, then they will go somewhere else, more than likely where the County doesn't want them to be. He said for example they have requests for commercial development down on Sand Road. He said it's a seal coat road, half is Planning and Zoning Commission November 2, 2000 Page 5 paved from Hills and half is seal coat. He said they've had requests north of there and they don't feel seal coat roads are appropriate-roads to be developing on commercially. He said they need to find places where the road infrastructure is capable of handling commercial development. He said they had Eyman put in over $300,000 worth of improvements to Herbert Hoover Highway to handle the traffic movements coming in and of his commercial development. He said that's another reason they feel it's an appropriate area. Chait said Moore talked at the informal meeting about the County's reason for the additional acreage to the west of that intersection, because it's more infrastructure. it's more built out than now, than the area to the east. He said it seems to him that if demand for commercial developable land is such that the infrastructure needs to be built up to accommodate that demand, that's the nature of growth. He said he finds difficulty accepting the County's argument that because the highway from the intersection to the west is already built out that that is the reason to put commercial on that versus making the infrastructure more compatible for commercial on the four quadrants on that intersection. Moore said that's been a policy of the Board of Supervisors, they prefer commercial development on existing hard surface roads. Ehrhardt asked if the next quarter-quarter sections to the west, had come also, why not include another quarter-quarter. She asked why is it stopping there. Moore said any property owner may request commercial zoning. He said Eyman's development crosses right there and all the County did was square it off there. Ehrhardt asked if the logic then is to square it off. Moore said yes to square it off and to swap it for the last in the east part of the interchange that is not usable. He said the west have the infrastructure. He said the drainage goes this way; that there's a creek that Eyman empties his wastewater in going to the east. He said for the County to sewer that would require another system. He said it would be a lot easier to take the sewer system and run it across that road. He said Mr. Eyman said he is willing to allow additional users onto his wastewater system. Ehrhardt asked if there is the infrastructure to allow commercial development to the west of Eyman's. Moore said the growth area lines on the map are based on the watersheds, so going further east you could not go that way without a fairly expensive investment by anyone trying to develop commercially - there. He said County staff wouldn't support someone going that way but anyone can request a rezoning. He said they gave Eyman commercial zoning but that was three years ago and a different Board of Supervisors. He said he doesn't think the Board today would approve that, because they've adhered to the Fringe Area Agreement very well. Schintler said she agreed with development on that intersection and setting aside land that is good but she said she was still having problems with the little silver and why the County doesn't want that. She said it seems with the area to the west developed that's when roads could be built in there and that could be used. She said she didn't ever see it as being used for housing. Moore said they saw the area out there as their rural agricultural area and they don't want any more development going that way. He said they don't even want residential even though the Fringe Area Agreement says a 10-acre density; he thinks the new agreement would say RS~10 to develop at a 10- acre limit. Schintler said they wouldn't have access either. Moore said they could access gravel roads for residential; the County only requires 40 foot right of way · gravel road for up to six residential lots. Schintler said she didn't think people would want residential that close to commercial. Planning and Zoning Commission November 2, 2000 Page 6 Moore said once you get outside the fringe area, it is what the County has identified as their rural agricultural area where their primary use is agricultural and nothing else. He said they had a request off Rapid Creek recently for residential, which per the Fringe Area Agreement allows 3 acre minimum and even though it would be permitted there at that density, the County turned it down. He said they didn't feel it was appropriate there. He said that land used to be in transition with old Board members but the new Board sees that as rural agricultural and doesn't want to do that right now. He said that's how he sees this area. He said on Herbert Hoover Highway it's a lot different going east from the interchange than west. It has been improved to the west. Going east has no shoulders and very deep ditches so although irs a hard surface road, it's really not appropriate for increasing traffic on at this time. Schintler said that could all change. Moore said it is not in their five-year construction plan and he said they probably don't want to because if they start making improvements they would get requests for development there also. He said he didn't know if the Commission follows the County over the years but when he first came on the Board in 1995 there was a Board of Supervisors, of which one Board member said he'd never seen a zoning he didn't like. Moore said the current Board is very conscientious and we are there on behalf of them and we know the position the County is taking. He said Fringe Area Agreements benefit the City more than the County. Without this all the City can do is approve or deny subdivisions based on City standards, He said without it the City cannot tell the County they can't zone anything. The City can't tell the County they can review developments like Eyman's. He said that's something the County is giving up in this agreement. He said it's something the County is willing to give and to share as a partner in good planning and all the County is asking for is some consideration of this amendment. He said he's talked to Board members recently and there are at least three of them who are willing to say forget the Fringe Area Agreement. He said that's not meant as a threat but the County is feeling, along with the Board, that the City is being unwilling to negotiate. Chair said that as was discussed at the informal meeting, Moore was speaking of the politics of the issue. which is not the charge of the Commission. That's the charge of the City Council. He said he feels very strongly as a commissioner on this Commission that they deal with the technical merit of the issues and not the politics and that is why they simply make a recommendation to the City Council. He asked in the next twenty years, what kind of development does Moore see along Herbert Hoover Highway east of the interchange to West Branch. Moore said agricultural. Chait asked if he did not see West Branch as getting closer to Iowa City and there would be infill development. Moore said not in 20 or 30 years. He said he doesn't see the City going across the road either. He said he would like to deal with planning philosophies himself but politics enter into what they do. He said that has been his hardest lesson to learn in ten years of doing this. He said they came to the Commission with what they feel is good planning philosophy for the County and why and that is because they have to have appropriate areas identified. The County zoning ordinance includes commercial uses and they have to have places identified as appropriate for that. He said they do have some as he said in the villages. He said some interchanges have a history of commercial uses in the past and this is one of those interchanges. He said they didn't ask for Highway 6 in the southeast or extend anyway else. He said this was a place where it was already and had a huge investment by a previous developer that they would hope other users would utilize with shared sewer and wastewater systems. He said those are sound planning philosophies but urban planning is a lot different than rural planning. Chait said the Commission is just one venue in the process, which is the bigger dialogue between the City and the County and the City Council. He said this is just one step on the way. He said it is important that the Commission stay clear about their charge. Planning and Zoning Commission November 2, 2000 Page 7 Holecek said she would like to follow up on Chait's comment, She said it is important for the Commission to recall what their charge is; it's land use and land use planning and the philosophies behind that. She gave an example of what had been before the Commission, an application for assisted living development. Someone may bring up the issue of financing. She said that would not be the issue before the Commission, the issue would be land use or location for that particular use. She said you try to keep your discussion to that, acknowledging that at the next level, the politics and policy issues, the scope becomes broader. She said she just wanted to mention how the Commission has narrowed their focus before to those issues and if you agree with the County's land use philosophy; that may be the basis on how you vote. Moore said he thinks it's important to remember that they have to merge two planning philosophies together. He said he thinks the Fringe Area Agreement on the whole does, it's just the area being discussed. Ehrhardt asked Moore if he could estimate how much undeveloped rural land in their land use plan they have for commercial. Moore said undeveloped no, but that they've identified 1900 acres total in the County and that includes the interchanges and villages. Ehrhardt asked if the 1,900 acres was total acres or undeveloped acres. Moore said total. Ehrhardt asked if he knew how much was undeveloped. Moore said he hasn't been able to identify that yet. He said he knew they have a new 48~acre piece at the Oxford interchange that is undeveloped. Ehrhardt asked and yet you feel you need more. Moore said he hadn't been able to get the point across; they don't want more, they just want to square the lines, they're willing to concede some, they just don't think the configuration is a benefit to the County in order to guide people to a better place. Chait asked if they don't want more, just different. Moore said yes. Chair said he doesn't understand how they've gotten this far through the committee process, through the County and City and those who were doing the Fringe Area Agreement, up until the last 60 days and have the difference just come out and not earlier in that process. Moore said it took that long to get to their Board of Supervisors. Chair said after that whole process the Board now wants it different. Moore said that is what the Board sent him and Dvorak to ask the Commission. He said they spent 3 years on their land use plan, it got through their commission with a 5-0 vote to approve it, and it got to the Board of Supervisors and they threw it out. He said he and Dvorak feel the Commission is an important part of the process. He said they believe in the process and that it starts with the Commission. He said they read the minutes and what the Commission and the Council does and the majority of the time the Council follows the Commission's recommendations. Chait said he thinks Moore has been very clear in presenting the County's agenda and position but he may not agree. Hartsen asked if the County Land Use Plan had data that reflects how much ground will be needed for commercial in the future. Planning and Zoning Commission November 2, 2000 Page 8 Moore said no. Hansen said his stumbling block on this, is if they're going to change something there has to be a need. He said without a projection of how much land is going to be needed in the future, he wonders why they're taking agricultural land and designating it for commercial. He said they talk a lot about protecting agricultural land and put land use plans in place to do that and yet it seems without a plan for how much commercial is needed, he doesn't see a need to change ag use land into commercial ground. Chait said they're not talking about changing quantity. Moore said all of this here is zoned agricultural right now. He said when the Economic Development Plan is done they will be able to do projections but right now they don't have that. Bovbjerg said the originally zoned commercial area in the Fringe Area Agreement picked up those two areas in the east. She asked if that was based upon Corn Suitability Rating or anything special. She said she was wondering why it had been designated commercial at one point; both areas to the east of Utah Avenue. Moore said City staff's view was because that put the focus on the interchange. Hansen said in the north quarter-quarter he thought the Corn Suitability Rating was 56 in the last report. He asked if anyone knew what the south quarter-quarter was. Moore said he didn't. Yapp passed out the description of the CP-2, commercial zone, which is the zoning being contemplated here. John BeasleV, 321 East Market Street, said he was there on behalf of Nellie Donovan. He said Nellie's daughter, son-in-law and grandson were there along with Mr. Seydel. He asked if the 23.83 acres in the southeast quadrant of the interchange were zoned and developed commercial how would you envision access to it. He said Chait was talking about technical aspects of land use and one of the first things you do when you are talking about land use is how do you get access. He said he understood that they may be talking 10 or 15 years down the road, but if people in Iowa City want to utilize it, how would you get there. Chait said from the west, accessed from the property to the west. Yapp said he would summarize. He said to access that area some new roads would need to be constructed and this is a long-range plan. He said twenty years ago in the County and in the City there were several areas that now have commercial development that did not have roads 20 years ago. Chait said if you look at the Eyman first rezoning, how would you get access to the Eyman second rezoning, it connects through the Eyman first rezoning. He said that same process would likely happen to the 23.83-acre parcel in the southeast quadrant of the interchange. Beasley said one thing that is undisputable is that this land to the west of the interchange, by technical aspects, already has access that is suitable for commercial development. He said it already has a key ingredient for commercial development, which is key access off of a hard surface road. He said turning lanes have already been constructed to get into Eyman property. He said he represents Nellie Donovan who is 93 years old, but her family is there this evening. His primary concern is the 15 acres and they would like to see that land included in the commercial designation of the Fringe Agreement. He said he has heard the arguments about the domino effect and where to draw lines. He said they are there to ask the Commission to move the line roughly 1300 feet to the west, part of which is already zoned commercial. He said before he made a presentation before the City Council he read the City's zoning ordinance. He said it reads, "to conserve and protect the value of property throughout the City and to encourage the most appropriate use of land." He said the Donovan's 15 acres is unique because there is commercial highway on southern border, on eastern border is commercial; its being developed Planning and Zoning Commission November 2, 2000 Page 9 commercial and on it's northern boundary, it's zoned commercial. He said there is a unique feature to this property. which is a high power tension line that runs from Hills all the way up the western boundary to who knows where in the north. He passed out photographs of the power line. He made a map himself with the blue area showing the 15 acres that they want included in the Fringe Agreement. It showed the power line to the west and the commercial designations. He said if one of the City's mission statements is to designate land for its most appropriate use, the most appropriate use of that land is commercial. He asked that it be included in the plan at this time; to do it right the first time. He said he hasn't heard a reason why that land couldn't be included in commercial designation. He said he knows there are concerns if you designate land as commercial what would go in there. He said if this is designated, it's not just a blanket designation. He said if it came in as a CP2, planned commercial development, that is a narrower designation and there would have to be site plans, etc. He said he has faith that the County would scrutinize any application for standards. Ehrhardt asked when the trapezoid area to the north was being applied for commercial use, was the area south considered at the same time. Beasley said no. Ehrhardt asked why that was. Beasley said because Eyman purchased the land from Donovan and carried the ball on rezoning the land he owned. He said it wasn't an issue at that time that Donovan wanted to bootstrap onto him. Eyman owned the land and applied for commercial and the Donovans didn't follow-up. Chait asked if it could have been that he had an option to buy the land if he got it rezoned. Beasley said he doesn't know the specifics of the transaction. Chait said he couldn't say either way, then. Beasley said he could only say what he's been told. Bovbjerg asked the Corn Suitability Rating on the 15 acres. Beasley said he didn't know. He said he thought 60 percent of the land was used for crops now. He turned the podium over to Mr. Seydel. Lyle Sevdel, 445 Garden Street, Iowa City, said he was a realtor in Iowa City and the listing agent for the Donovan property. He said he hoped that based on the information at the informal meeting, the Commission had not made a decision. He said there's three parties involved: City, County and public and there was no public input at informal meeting. He said the reason there was no public input is because the Donovans are farmers and don't follow this and did not realize what was going on. He said the charge of the Planning and Zoning Commission is orderly development of the City and the most valuable use of land. He said this land is in the County and the County should have the big say as to what goes on. He said it's within the two-mile Fringe Area. He showed the highest point on the map on the west side and said it would be sewered by the Iowa River or the City sewer system. He said the line should be at the entrance to the old Arabian Horse land. He said the line was way off. He said the use of this property is surely commercial; it's not agricultural. He said of the 15 acres, there are 7 acres of beans this year. He said the rest could be made into a very nice pond. He said it's a low area, with a culvert going under the highway, He said Franklin anticipated that this would be a buffer area, probably high density residential. He said nobody wants to live in that area. He said there is an Interstate just to the north of it; Herbert Hoover Highway just to the south of it; a high power tension line to the west. He said it is not a good place to force people to live and that is what the City would be doing. He said in determining what lines to use, why not use the section lines. He said the property to the south is also owned by Nellie Donovan, on the south side of the road. Jim Denneny, 3231 Hastines, said he was the grandson of Nellie D0novan. He said he understands that lines have to be drawn, but the family is not going to continually come and request rezoning and rezoning. Planning and Zoning Commission November 2, 2000 Page 10 He said if that were the case, they would ask for more today. He said he would appreciate consideration of this rezoning request as not part of an ongoing request. He said this piece of property is not of use to the farm. He said it's a piece they don't need anymore and they need the revenue from it. Yapp clarified that the Fringe Area map does not constitute a rezoning, that it is a future land use designation. He said the rezoning would be an additional step. Public discussion closed. Hansen asked if the high point of topography are right at the lines they want to include. He said what impact is that going to have on the City sewer system in the future. Holecek said it seems there is a factual contention as to where the actual watershed line is. She said according to Seydel, the line that is supposed to show the watershed line is erroneous. Seydel said he had spent 50 years of his life in planning; 20 in the army and 20 with the City. He said the line is an approximate line. He said if you use the topography maps; the geological maps you would find that that line is off by 300 or 400 feet. Yapp said the long-range growth boundary line is based on the ultimate watershed of the City. It was determined by the City's engineering staff, based on topographical maps. He said it is true that as the City grows closer to that line, they would have a better idea of where that line is exactly. He agreed it is an approximation. Seydel said the high point is the entrance to the Arabian farm. Yapp said it is based on the engineering staff's determination of what area can be sewered, which may not always be the exact high point. He said it shouldn't be taken as an exact line. Bovbjerg said what the Commission is looking at is a change or retention of the aspects of the Fringe Area Agreement. She said there are two areas that have been suggested for change. MOTION: Chait moved to accept the map change at the Highway l/Highway 218 intersection to reflect the commercial and residential land uses anticipated and already being used as such. Schintler seconded the motion. The motion carried on a vote of 7-0. Ehrhardt said when she originally voted on this in August, her vote was based on the recommendations of the joint committee and the City's land use policy, which is to focus commercial at intersections. She said now they are being asked to change that. She said she would like to work out a compromise but that she is having trouble finding a credible rationale for adding the two quarter-quarter sections to be designated commercial. She said squaring off does not appeal to her as a rationale. She said five or ten years from now when there are different owners that would come and ask for the property west of the Donovan's be zoned commercial and they have to look back and say there was a reason why it wasn't approved. She said just to say it's next to other commercial is not a sound reason because it could just go on and on. She said as far as swapping, they don't know what the demand in the future will be. Shannon asked if the Commission was going to deal with the Donovan's 16 acres separately. Bovbjerg said that is the property the County was proposing be added to the commercial. Holecek asked Shannon if he was asking if they were going to make separate motions for the north and the south parts. Shannon said it seemed like it was presented as two separate things. Bovbjerg said the change in the map includes both of them, so for the sake of a motion, they would either be keeping the map or changing it to include both of them. Planning and Zoning Commission November 2, 2000 Page 11 Holecek said an amendment to the motion would be confusing. She said if you entertained a concept of changing the original recommendation, you would vote no on this motion. This motion is saying no change. Schintler said she does favor setting aside this area for development but she doesn't agree with the swap. She said she feels that the parcels of land in the eastern quadrants of the interchange can be used. She. is not in favor of adding the two quarter-quarters. She said she's afraid if they do that, it will be continual. Hansen said he hadn't heard anything that convinced him that a change needs to be made right now. He said it started out as one Eyman piece and then a second Eyman piece and now that they have a water and waste system, you could add more. He said the Commission's efforts should be focused on the intersection and not moving up Herbert Hoover Highway. Without any projections of what the County needs for future commercial land use he can't see any reason to do it right now. Chair said the arguments made are compelling for developing this area commercial. He said the Commission voted against the first Eyman and voted against the second Eyman rezoning primarily because they wanted to keep the area as it was, which was agricultural. He said the County chose to start developing this area by approving those. He said the arguments he is hearing about how development happens; the second Eyman zoning makes sense because it is an extension of the first. He said if someone showed him how the 16 acres would be developed, he would be much more willing to consider that rezoning if he could see what it was going to be. He said one of the things the Commission has not done is rezone land without knowing what it's going to be and how it's going to be developed and without having some control over the end product. He said he likes where the County is going with their village concept and developing the intersections of the Interstate and thinks that's a good plan. He said the distinction between what the County is proposing now and what he is in favor of is concentrating the commercial development at the intersection of Herbert Hoover Highway and Interstate 80. He said Utah Avenue just happens to run right through the middle of that. He said where he differs philosophically from the County planners, is if additional land is going to happen for commercial development in the County, that is going to be appropriate on the interchange, regardless of what roads are already there, rather than down on Sand Road nowhere near the Interstate. He said the issue is fairly general. It is a land use plan; it's part of the comprehensive plan. He said he still likes to think of it as a color blob map, which is more general and philosophical than specific. Herbert Hoover Highway is called local road and to start to rezone land and expand commercial into that local area is the philosophy that he is against. He said if they are going to have that kind of development he would much rather see it at the intersection of Scott. He said to set a context of what the Commission believes in philosophically, he is voting against changing anything right now. He said it is possible for the County to get what they want, but not without coming in with a rezoning and a specific plan and specific use. He said it is important to him to not allow commercial development to start coming west on Herbert Hoover Highway. He said the Donovans indicated that they need the money from selling the land. He said the Commission does not address that kind of issue at all. Bovbjerg said the Fringe Area Agreement before with the commercial designation around the interchange compactly would be the best way to show land use in that area at this time. She said whether new ideas or circumstances would change that is for the future. She said she prefers the original squared off designation. She said the Fringe Area Agreement has a good clause for amendment for resolving disagreements on these kinds of things. MOTION: Chait moved that the commercial designation at Herbert Hoover Highway/Interstate 80 interchange remain as originally proposed and not be amended as recommended by the Board of Supervisors. Schintler seconded the motion. The motion carried on a vote of 7-0. Bovbjerg asked when this would go to the City Council. Yapp said it would go on the November 21, 2000 City Council agenda. Chait asked if a future rezoning were applied for in this area, would the County consider that. Rick Dvorak, County Planning and Zoninq Administrator, said their policy from the County Attorney has been very emphatic and they do not want to do what past Boards of Supervisors have done. He said if Planning and Zoning Commission November 2, 2000 Page 12 they have a Fringe Area Agreement in place, they want to honor that. He said there is a provision that he put in that would allow the City and County to try to agree to disagree. Holecek said sometimes there are rezoning applications that come in and aren't consistent with the City's particular comprehensive plan but they are a good land use plan, so they have passed rezonings along with an amendment to the comprehensive plan, which would not be unlike what they are talking about here. If a request for a rezoning were to come in, the City could consider, and the County could also consider an amendment to the Fringe Area Agreement and support the rezoning. Chair said given a specific development plan, the Commission could consider that and there would be a mechanism to consider something that concrete. Holecek said the Commission is bound by law to consider rezoning application once someone makes the application. Dvorak said they did include that language in the Fringe Area Agreement. He said they currently do have an individual that does want to buy this land as of today. He said he wants to put a business out there. Dvorak told him not to even make an application at this time until this is resolved with the County and the City. Beasley said if an application comes in for the 15 acres and it's not designated as CP2 on the Fringe Agreement and the City would like it to be rezoned, then there's a requirement that there is a committee involving the City to work through the process. Chair said based on what he and the Commission know now. they don't want to change anything. He said the question was if things changed, the City and County could go back and change things. Beasley said yes that is possible. CONSIDERATION OF THE OCTOBER 5, 2000 PLANNING AND ZONING COMMISSION MEETING MINUTES: MOTION: Osland moved to approve the minutes of the October 5, 2000 Planning and Zoning Commission meeting as written. Ehrhardt seconded the motion, The motion carried on a vote of ADJOURNMENT: The meeting was adjourned at 9:24 p.m. Dean Shannon, Secretary Minutes submitted by Diane Crossett ppdadm/miNp&zl 1-2-00.doc