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Home My WebLink About2001-04-17 Bd Comm minutesMINUTES IOWA CITY AIRPORT COMMISSION THURSDAY MARCH 8, 2001 - 5:45 P.M. IOWA CITY AIRPORT TERMINAL MEMBERS PRESENT: Rick Mascari, Howard Heran, Mark Anderson, Alan Ellis STAFF PRESENT: Sue Dulek, Ron O'Neil, Andy Matthews, Erm Herring CALL TO ORDER: Chairperson Mascari called the meeting to order at 5:45 p.m. APPROVAL OF MINUTES: O'Neil distributed a new front page for the minutes in the Commission packet. The minutes of the February 8, 2001, Commission meeting were approved as submitted. AUTHORIZATION OF EXPENDITURES: Heran made a motion to approve the bills. Ellis seconded the motion and the bills were approved 4-0. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: No items were presented. ITEMS FOR DISCUSSION/ACTION: a~ Building E meeting room policy - Mascari said this item was on the agenda at the request of Steven Kanner. He invited Kanner to present informaUon to the Commission. Kanner said he was at the meeting at the invitation of Mascari. Kanner said he was not representing the Council on this issue. He said he would like to see the meeting room open more to the public. He said that he would like to have the meeting room open to any not for profit group. He distributed the meeting room policies for the Library, the Rec Center and the Senior Center. Mascari asked if the rooms had City staff available at all times? Kanner said he thought the Senior Center room could be used at times when there was no City staff available. Mascari said because of limited airport staff, there would not be anyone to monitor the building and make certain the building was locked up after evening meetings. He said the Commission based their conference room rules on the rules from other departments. Mascari recommended Kanner give the Commission a written recommendation on what he would like to see as far as a policy for use of the conference room. Anderson suggested that until the FBO situation and use of the entire building is stabilized, the Commission should not change their policy, Andy Matthews, Assistant City Attorney, said the Terminal Building is unique from a liability standpoint because of its isolation and the safety concerns of unauthorized people accessing the airside of the Airport. He said this is not a candidate for unsupervised access. Kanner said he thought the liability is minimal. He said he thought the Senior Center rules would be a good pattem to follow, b. Airport Insurance - Assistant Finance Director Erm Herting and the City's insurance agent Carlton Johnson, presented information on the City's insurance requirements. It was explained what requirements would be required in all airport leases. There was a question of when the tenant was liable and when the City would be liable if there was an accident by an unauthorized person in someone's hangar. Anderson wanted to know if the City could just buy a blanket policy that would cover all the tenants and the premiums could be incomerated into the hangar rents. Johnson said he would see if that was possible and access whether the City would want to do that. c. North Commercial area 1. Marketing - Scott Byers, from Iowa Realty, was in attendance to answer questions. He said Iowa Realty has experience with airport development. Iowa Realty has worked with the Eastern Iowa Airport and the Wate~oo Airport. He said there would be local, statewide and national audiences for the property. He said Iowa Realty has in-house personnel for most of the proiect needs. Mascari asked how long it would take to develop all the lots. Byers said it would be between 5 to 10 years, probably closer to 10 years. Byers said this would be a major project for them. He said leasing the property as opposed selling the property would make it more difficult to market. Maseari said acting aviation businesses and businesses that use aviation in their business is a priority. Byers said it would take two to three weeks to get started. It would depend on how long it would take to develop the contract with the Commission and set out the parameters of the development. He said he would propose their fee to be $ .25 per square foot of space leased. The fee to market a one-acre lot would be about $10,500. Byers said he would propose the initial agreement as a two-year agreement. Executive Session - Imminent Litigation - Section 21.5© Iowa Open Meetings Law Anderson made a motion to go into executive session. Heran seconded the motion and at roll call vote, the motion passed 4 - 0, with Ruyle being absent. The Commission went into executive session at 7:10 p.m. Horan made a motion to close the executive session. Anderson seconded the motion and it passed 4 - 0, The Commission retumed to the regular meeting at 7:45 p.m. d. 10W Aero Club - Jim McCrabb and Ron Dully presented information on developing an aero club at the Airport. It would be patterned after the European aero clubs. It is a members only club. The members own a membership in the club. They do not own a partnership in the aircraft. McCrabb explained how membership in the club worked and the approximate cost of being in the club. Mascari asked what type of space the club would need. McCrabb said they currently have two aircraft and hope to steadily add aircraft for the next two years. He thought Building F would serve their needs best in the long run. He could use a smaller space to start with. Heran made a motion for a resolution to negotiate an agreement with lOW Acre Club. Ellis seconded the motion and it passed 4 - 0, with Ruyle being absent. Heran and Ellis will negotiate an agreement with IOW Acre and give their recommendations to the Commission at the next meeting. e. Gordon Aircraft proposal - Dennis Gordon requested permission to start an aircraft maintenance facility. He said there am no longer mechanic services on the field. Mascari and Anderson will be the subcommittee to negotiate an agreement with Gordon. Gordon said he would be interested in discussing a fueling arrangement the Commission. The subcommittee will discuss this issue with Gordon also. f. Fuel tank bids - Dick Blum, from HR. Green, presented information on the fuel tank bids. He reminded the Commission this was for the tanks and related equipment. Blum said that the best bid is the one from Double Check Company. He said there were several options. The Commission would need to decide which, if any options, they wanted to select. The Commission discussed which options they wanted and which they could afford. Anderson made a motion for a resolution to accept the low bid from Double Check Company. The base bid was $ 88.600. The total bid, with options, was $131,850. Ellis seconded the motion and at roll call vote, the motion passed 4 - 0, with Ruyle being absent. The bid was within the amount budgeted by the City Council. g. State AIP funding FY 2002 - The Commission discussed which projects they would like to apply for through the Iowa Department of Transportation. OqNeil said that the Commission must keep in mind that any project will require matching funds. He said that the Commission has indicated to the FAA that reimbursement for land acquisition is the top priority in the FAA AIP program. O~eil suggested that if the Commission wanted to submit a grant for IDOT funding, the obstruction removal project listed in the Master Plan would be a good candidate. Anderson made a motion for a resolution to submit an application to the Iowa Department of Transportation for an obstruction removal project. Heran seconded the motion and at roll call vote, the motion passed 4 - 0, with Ruyle being absent. h. Fly Iowa 2001 - Anderson said he met with a representative from Coke. They are interested in being a major sponsor. A grant has been sent to the Wolf Aviation Foundation. They give money to aviation promotion related projects. A poster has been designed and a band has been signed for the hangar dance. i. Airport park- Mascari said the Mayor would like to see some type of area with a few picnic tables where families could come down to the Airport and watch the airplanes. Heran said he would volunteer to work on the project. O~eil said the Commission would need to develop a budget forthe project. j. Hangar leases - #31 & #33 - Oqqeil said these were two-year leases. They were deferred from last month due to a question about insurance. Anderson said that because the insurance question was not resolved, he would make a motion to defer these leases until next month. Heran seconded the motion and it passed 4 - 0. k. FBO lease - O~eil said this issue would be on the agenda until a new FBO is contracted. The Commission discussed how they would provide fuel at the airporL Oqqeil said he has been in contact with a company that could supply fuel trucks. but availability changed on a daily basis. McCrabb, from IOW Acre, said he could also look for trucks. Liability and training for fueling aircraft were also issues. Mascari and Ellis agreed that a truck would only be needed until an FBO is contracted with. O~Neil said he contacted Kirkwood as far as training. He said they only have classes once a year, in June. Heran said the Commission should be cautious about jumping into an agreement too fast iust to insure that there is fuel. The overall health of the Airport needed to be considered. Ellis said the Airport could go without fuel for a while but every_ effort should be made so the Airport doesn't have to go without gas. He suggested contracting out the fueling because it could be done sooner than buying our own equipment and training personnel. Dennis Gordon said he would contract on a short-term basis to supply fueling. The Commission directed Oq~eil to schedule a meeting for March 10 at 12:00 p.m. to act on a contract with Gordon Aircraft to supply fuel, Dulek will have a contract ready for the Commission to act on. CHAIRPERSON'S REPORT: Mascari said the Commission would have a new FBO at some time and he wanted to make sure the Commission got the best one. He wanted to thank the Commission for letting him be the chairman the last two years. Maseari said he thought the Commission members had signed a form from the City Council saying that if any Commission member missed more than two or throe meetings in a row, they would be off the Commission. He said he would contact the Mayor and ask that Ruyle be removed from the Commission. Anderson said he thought Mascari should contact Ruyle first. Maseari said he had tried to contact Ruyle several times and could not get a response. Masea~ said he thought this was the way to go. Oqqeil said it is the Mayor's decision because it was his appointment. i. Noah commercial area - Ellis asked if the Commission was g&mg to vote on who was going to market the North Commercial area? Anderson and Masca~ both agreed that the Commission should select a company immediately. Heran made a motion to select Coldwell Banker. There was no second to the motion. Ellis made a motion to select Iowa Realty to market the NCA. Anderson seconded the motion. After discussion, the Commission voted 4 - 0 to select Iowa Realty. Mascari said he would contact the other companies. COMMISSION MEMBERS' REPORTS: Ellis said he is working on some things for Fly Iowa 2001. He said the captain of the current space shuttle is from Iowa and he would like to see if the Commission could get him to come to Fly Iowa. Howard said he has been continuing to monitor the Airport on Sundays. ADMINISTRATIVE REPORT: Constructed has stared on the rehabilitation of Building D. O'Neil said he is negotiafmg with Van Winkle Jacob on additional design and construction management fees because they am doing more than was in their original scope of services. Them may a change order with the contractor, changing the type of roof to be installed. There was a letter in the packet from the FAA conceming the North Commercial area. O'Neil said he had a copy of the USAR remodeling plans if any of the Commission wanted to see them. The Commission looked at the plans. Mascari asked if the USAR rent was still $1.00 per year? O'Neil said it is a 99-year contract, with the total rent being $ 1.00. It goes until about the year 2053. O'Neil asked anyone had contacted the Science Center concerning the NCA. Mascan said he had not contacted the Science Center since his last letter but he would contact them. Because he has had water in his hangar in the new building, Justin Fishbaugh requested not having to pay rant until the water problem solved. The Commission indicated they would let him out of his contract if he didn~ want the hangar. O~Neil said he received a letter from SWA~ indicafmg they thought the door company was to blame. DuleksuggestedcontaetingAssistant Attorney Matthews to see if the Airport has any remedy to the situation. ELECTION OF OFFICERS Ellis made a motion to elect Mascafi as chairperson. Anderson seconded the motion. There were no other nominations and Mascari was elected 3 -0, with Mascari abstaining. Mascari made a motion to elect Ellis as vice chair/secretary. Anderson seconded the motion. Them were no other nominations and Ellis was elected 3 - 0, with Ellis abstaining. SET NEXT MEETING: The next regular Airport Commission meeting is scheduled for April 5, 2001,at 5:45 p.m. ADJOURNMENT: The meeting was adjoumed at 10.02 p.m. Rick Mascari, Chairperson MINUTES IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 14. 2001 - 5:00 P.M. CIVIC CENTER - COUNCIL CHAMBERS MEMBERS PRESENT: Mike Paul, T.J. Brandt, Vincent Maurer, Dennis Keitei, Kate Corcoran MEMBERS ABSENT: None STAFF PRESENT: Karen Howard, Sarah Holecek, Mitch Behr OTHERS PRESENT: David Tingwald, Joe Marton, Michael Pugh CALL TO ORDER: Chairperson Corcoran called the meeting to order at 5:02 P.M. ROLL CALL: Maurer, Brandt, Paul, Corcoran and Keitel present. CONSIDERATION OF THE JANUARY 10, 2001, BOARD MINUTES: Motion: Brandt moved to approve the January 2001 minutes. Paul seconded with the motion being carried on a vote of 5-0. SPECIAL EXCEPTIONS: EXC01-00003. Discussion of an application submitted by Larry and Charmaine Svoboda for a special exception to reduce the front yard setback for property located at 112/118 Bloomington Street in the Planned High Density Multifamily (PRM) Zone. Howard explained that the applicants plan to build a 12-unit apartment building on two lots. In order to meet other requirements of the PRM zone the applicants are requesting a special exception to reduce the required front yard from 15' to 4'6". If granted, proposed building would be located approximately 20' from the city sidewalk and generally in line with other buildings along the frontage. Howard stated that the unique situation in this case is that if the applicants were to comply with the required setback of 15 feet, the resulting building would be further from the street than all of the other buildings along the frontage. The existing buildings along the 100 block of E. Bloomington Street are located between 13' and 22' from the sidewalk. In order to meet the required front yard setback, the applicant's building would have to be located more than 30 feet from the sidewalk. Howard also stated that there is practical difficulty meeting the front setback requirement in this case. The proposed building needs to be located closer to the street in order to meet all the other dimensional, landscaping, and parking requirements of the PRM zone. Howard went on to state that one way to determine whether granting a special exception would have a negative effect on the neighborhood, surrounding properties or the general public is to consider whether the proposed special exception will equally or better meet the purpose of the regulation. The city setback requirements maintain light, air, and separation for fire protection; reflect general building scale; promote a reasonable physical relationship between residences, and promote options for privacy. Staff feels the applicants meet or exceed these purposes, particularly since granting the exception would allow the building to be located in line with other iowa City Board of Adjustment Minutes March 14, 2001 Page 2 buildings along the frontage. For this reason staff believes there will be no negative effective on neighboring properties. Howard stated that another consideration was that the applicants meet all requirements of the PRM zone. She explained that the proposed home meets the PRM design standards. If this exception is granted the proposal will meet all other requirements in the zone. She stated that the proposal will be consistent with the Comprehensive Plan, because the area is intended for high density housing. Staff recommends that the Board approve this special exception. Public Hearinn Opened None. Public Hearinq Closed Keitel asked what the pavement width is on Bloomington Street. Howard stated that it is about 30' wide. Motion: Brandt moved that item EXC01-00003, an application submitted by Larry and Charmaine Svoboda for a special exception to reduce the front yard setback for property located at 112/1'18 Bloomington Street in the Planned High Density Multifamly (PRM) Zone, be approved. The motion was seconded by Paul. Findinns of Fact Keitel stated that he drove by the area, and it appears crowded. He could see that the properties are close to the street. He feels that an 80' right-of-way width is excessive for this area and that the exception would allow the building to be located in better harmony with other buildings along the frontage, He stated he would vote in favor. Paul stated that he would vote in favor of the application. He feels it would be more favorable to maintain the look of the neighborhood. The project doesn't involve anyone's safety, comfort, general welfare, and doesn't run counter to the purposes of the setback requirements in general. No one will be negatively affected by the setback, and development won't be impeded. Maurer stated he would vote in favor for reasons previously given. Brandt stated he would vote in favor of the exception. Corcoran stated she would vote in favor. She feels a special exception is warranted and the requirements are met in this case. The motion passed on a vote of 5-0. E×C00-00017. An application submitted by James and Becky Buxton for a special exception to establish parking on a separate lot for property located at 225 Church Street in the Neighborhood Conservation Residential (RNC-12) Zone. Howard stated that the applicants have requested that this item be deferred indefinitely because they have not been able to locate the parking that was needed. Paul asked how long the applicants can defer an application. Howard said there was no set rule; it's on a case-by-case basis, However, applicants are in violation, and have received notice from Housing & Inspection Services for over-occupancy. Holecek stated that when a notice of violation goes out, the property owner is granted approximately 30 days to rectify the violation before a citation is filed Iowa City Board of Adjustment Minutes March 14, 2001 Page 3 in district court. A citation is a municipal infraction that is punishable by a fine and court costs and could include an order by the Court to rectify or abate the violation by a date specific. CONSIDERATION OF CORRESPONDENCE RECEIVED REGARDING PROPERTY LOCATED AT 510/512 EAST BLOOMINGTON STREET IN THE COMMERCIAL OFFICE (CO- 1) ZONE. Holecek referred to a letter that was provided to members of the Board from Tom Gelman on behalf of Bloomington Building Properties requesting and outlining different methods by which the Board could again revisit the issue of rehearing this matter should it so choose. Holecek also provided the Board with a memorandum responding to the proposed methods by which the Board could reconsider the matter which it previously heard in December. She stated that the Board could suspend the rules regarding reconsideration such that any party could make a motion to reconsider and place this issue on the agenda. This would require a four person affirmative vote in support of the rules to suspend. A motion could then be made by any party and a simple majority could then pass a motion for reconsideration. Holecek reminded the Board that there is pending litigation regarding this matter, and suggested that the Board make any reconsideration hearing subject to a dismissal of the district court action prior to going forward on the actual formal hearing. She stated that if the litigation was not dismissed, this could put the Board in the position of defending the matter on two different records. Corcoran asked what the standard of review is if the Board were to vote to suspend and rehear. Holecek stated that the hearing would be a rehearing with new evidence presented. Mike Pugh stated that he was speaking on behalf of Bloomington Properties at Tom Gelman's request. He agreed with the procedures as outlined by Holecek. He felt another option was that the Board could rescind the prior Board action. His position is that this would not be a reversal of the decision, but would place the applicant in the position of appearing in front of the Board again on their appeal. Pugh stated that they have a timing issue with dismissing the appeal. He recognizes that Holecek has a valid point about having two records on appeal at the district court level and proposes that if the Board would consider suspending the rules and rehearing the matter, that the applicants would substitute that record for the previous record for purposes of their appeal, if necessary. Applicant does not want to be in the position of not being able to appeal a decision if they dismiss their litigation. Keitel asked Pugh to explain the current timetable for their petition for the writ. Pugh stated that it has been filed in district court but no action has been filed at this time because the City has filed a pre-answer motion to dismiss two of the parties. Once this motion has been ruled on, an answer would be filed and the applicant would ask that a writ be issued and that the Court set the matter for hearing. Paul asked if it would be possible for the parties to discuss the issue of the dismissal and after they resolve this matter, to have a special meeting on the rehearing. Holecek stated that would be a possible solution. Corcoran stated she would want to see briefs since this is a complicated matter. Keitel asked what a reasonable time for providing briefs would be. Pugh and Holecek stated that they could provide briefs within two weeks. Corcoran asked if other members of the audience wish to speak on this issue. Iowa City Board of Adjustment Minutes March 14, 2001 Page 4 Public Hearinq Opened Howard asked if there was a problem that no public notice of a public hearing had been provided. Holecek stated that they were not going to be deciding any substantive rights, so this was not an issue. Corcoran stated that it was on the agenda so people were aware it would be heard. David Tingwald stated he was the coordinator of the steering committee of the Nodhside Neighborhood Association, and he lives at 814 E. Market St. He referred to a letter from the Northside Neighborhood of February 27, 2001, which was adopted unanimously by the members in attendance at their February 22nd meeting. The Association is concerned that the applicant should accept the actions of this Board as final and pursue methods for appeal beyond the Board. Joe Marron, 508 Bloomington St., stated he lives next door to the property in question. He encouraged the Board to do their job and solve this issue as soon as they could. Motion: Brandt moved that the Board of Adjustment suspend the rules concerning Bloomington Building Properties' request for a rehearing so that the Board could rehear this application with all five members present. The motion was seconded by Paul. The motion passed 4-1. Holecek reminded the Board that a motion to rehear the appeal would now be necessary. She reiterated that her recommendation is that if such a motion is made, it be subject to a dismissal with prejudice of the action currently pending in the district court on writ of cert on this matter. Motion: Keitel moved that the Board of Adjustment reconsider the application brought by Bloomington Building Properties with the condition that no new hearing be held unless prior to that time the applicant's case in district court has been dismissed with prejudice. The motion was seconded by Paul. Pugh stated that a dismissal with prejudice may be problematic because the applicant would be foregoing any possibility of appeal should they lose at the rehearing Holecek stated that it was her opinion that the decision would be made on an entirely different date so the factual record would be very different. Pugh stated that their appeal was not only based on the decision made by the Board, that they have appealed the decision made by the building official on November 9, 2000. He feels this would set up ares judicata decision that would prohibit them from raising the same issues at the court level. Corcoran asked if they could dismiss without prejudice. Holecek stated that this would allow the applicant to refile at the district level, which would set the Board up to defend on two different records. Pugh suggested a written letter from applicants through their counsel that they would not refile the same appeal based on the December hearing. Holecek suggested a friendly amendment to the pending motion stating that a hearing will not be held prior to the dismissal of the pending litigation in district court with prejudice or something substantially similar to prevent litigation on two different records. Motion: Keitel moved that the Board of Adjustment reconsider the application brought by Bloomington Building Properties with the condition that no new hearing be held unless prior to that time the applicant's case in district court has been dismissed with prejudice or a substantially similar agreement to prevent litigation on k, vo different records. The motion was seconded by Paul. Iowa City Board of Adjustment Minutes March 14, 2001 Page 5 The motion carried 4-1. After discussion, the Board decided that the matter will be heard at the next regular meeting scheduled for April 11, 2001 as the last item on the agenda. Corcoran asked that the City Attorney and the applicant submit briefs. Maurer questioned the need for briefs because this matter has already been presented to the Board. Corcoran stated that since this is an appeal and is different than normal procedure, she would like to have briefs. Holecek stated that briefs would be important for the Board since this is a different type of issue for the Board. Paul stated that he felt briefs were important because the original hearing was so long ago. Keitel questioned whether any further correspondence or action had been taken by the appellant since December. Pugh stated that there has been a slight modification to the parking which was denied, but no substantive change to this issue has been made. Holecek confirmed that there has been no material deviation from the site plan review as applied for. The appellant's brief will be due on March 30, 2001 to give the City adequate time to prepare a brief. BOARD OF ADJUSTMENT INFORMATION The next meeting is scheduled for Wednesday, April 11, 2001. ADJOURNMENT Brandt moved to adjourn, seconded by Keitel. The meeting adjourned at 6:01 PM. Board Chairperson Board Secretary Minutes Submitted By Neana Saylor ppdadm/m~n/boa03 14~)1 doc M,N,TES PRELIMINA| IOWA CITY PUBLIC ART ADVISORY COMMITTEE 4b(3) WEDNESDAY, FEBRUARY 28, 2001 c,v,c cENTER LoBBY coNFERENcE RooMI MEMBERS PRESENT: Rick Fosse, Terry Trueblood, Gary Nagle, Betsy Klein MEMBERS ABSENT: Sandra Hudson and Emily Vermillion STAFF PRESENT: Karin Franklin and Marcia Kfingaman OTHERS PRESENT: None CALL TO ORDER: Acting chairperson Fosse called the meeting to order at 3:35 p.m. CONSIDERATION OF MINUTES: Meeting notes were reviewed from the February 1, 2001, meeting and the minutes from the February 14, 2001, meeting were reviewed. Hudson had conveyed amendments to the February 14 minutes, Fosse also made a modification to the minutes. MOTION: Nagie moved to approve the notes and minutes as amended with a second by Trueblood. The motion passed unopposed on a 4-0 vote. PUBLIC DISCUSSION OF ITEMS NOT ON AGENDA Klein inquired about the Alyssum and DeDecker sculptures. Franklin clarified the designs and location of each sculpture. ELECTION OF OFFICERS it was noted by Frankfin that no one had expressed an interest in holding a position. Chairperson: MOTION: Nagle nominated Hudson as chairperson with a second by Trueblood. The motion passed on a 4-0 vote unopposed. Vice-Chairperson: MOTION: Trueblood nominated Vermillion as vice-chairperson with a second by Klein. The motion passed unopposed on a 4-0 vote. DISCUSSION OF ROTATING SCULPTURE PROGRAM Frankfin noted that the pad outside of the Burger King building is in the planter and is the rotating sculpture pad, This sculpture was limited to Iowa artists previously by this committee. Justine Zimmer's "Tornado" will go in during the Arts Festival in June of this year, It will remain in place for one year. Klingaman put together components from other programs to provide this committee with options for the Iowa City rotating sculpture exhibit . It was noted that getting artists to submit proposals has been a problem in Cedar Rapids and Ames, It is believed that this is due to economic conditions being up and artists having other work opportunities, Klingaman asked the group their recommendation for soliciting applicants. She noted that a database has been put together with artists from around the country, Iowa City Public Art Advisory Committee Minutes February 28, 2001 Page 2 Klingaman spoke to someone at the University Hospital and they have a waiting list for two years with people who would like to exhibit work. The hospital does not do a solicitation of work. The program is limited to non-students. Klingaman will look into tapping into the waiting list at the hospital. Franklin inquired how local artists could get connected to the program. Klingaman said that the Iowa Arts Council has a newsletter that may be used with enough lead-time. Klein recommended going to galleries. Klein offered to make contacts with the galleries. Klein made the recommendation that the committee set up arrangements for accommodations for the artists. Franklin said that The Sheraton would give a government rate. Fosse clarified that the Iowa artist must be living in Iowa at the time of submission. Klingaman then raised the issue of the number of submissions that are allowed for the annual call. The committee agreed that each artist could make five submissions per year. The selection process was raised. The City Council would have the final approval. Nagle said he liked the idea of public input as in past projects. Klein concurred with this. Frankfin did note that with this program sculptures would be changing each year and that this could become a lengthy process. Fosse noted that there are a number of business owners downtown who are Iowa City residents. They do not have much of an opportunity to be involved in the public art process. There would also be potential for conflict with art related businesses. Franklin commented that this has not been a problem before. The committee agreed that it should be a broad process. They agreed to have a public viewing and then this committee would make the recommendation to the City Council. The committee agreed that the duration of the sculpture loan would be for one year. The honorarium will be $300. There will be coordination between city staff and the artist for the installation; however it will be the responsibility of the artist to install the piece. Klingaman will cover the insurance issues with the City's legal department. She will provide the committee with the draft of a program for their review at a later date. DISCUSSION OF POTENTIAL DONATION OF SEIBERLING PORTRAITS Klein agreed to accompany Franklin on the visit to determine possibility of using the artwork for display on loan to the City. DISCUSSION OF COUNCILOR KANNER'S REQUEST FOR LIAISON WiTH UNIVERSITY OF IOWA ARTS PROGRAM Councilor Kanner made the request for this committee to provide a liaison to determine the feasibility of artwork from graduate students being displayed in city office buildings. Klein thought this was a good idea and the more networking done the better for the community. The committee agreed. It could be a very informal project, Klein said she would work on this project. She and possibly Vermillion could be a sub- committee. COMMITTEE TIME AND OTHER BUSINESS: Franklin shared photos and gave an update of the Spath sculptures that am being currently worked on. The Near Southside Transportation Center project is moving forward. The committee will have work on this in the near future. No progress was reported on the Irving Weber and Paul Engle sculptures. ADJOURNMENT The meeting adjourned at 4:45PM Minutes submitted by Le Ann Dunne-Tyson ppdd~rlmin/paac2-28~1 dec 04-17-01 4b(4) MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING - FEBRUARY 22, 2001 THURSDAY, - 4:30 PM Members Present: Winston Barclay, Linda Dellsperger, Mary McMurray, Shaner Magalh~es, Mark Mar~in, Lisa Parker, Jesse Singerman (arrived 5:15 p.m.) Staff Present: Barb Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green, Heidi Lauritzen, Madha Lubaroff, Liz Nichols, Others: CALL TO ORDER: President Martin called the meeting to order at 4:30 p.m. PUBLIC DISCUSSION None APPROVAL OF MINUTES: A motion was made by Magalh~es and seconded by Parker to approve both the regular minutes of January 25, 2001 and the special Board meeting of February 6, 2001. The motion was carried unanimously. UNFINISHED BUSINESS Building Project: The process to be used to provide input on art in the expanded library building was discussed. Craig included the Board policy that describes the Art Advisory Committee in the packet as well as a memo that contained her recommendation. She suggested that the Library's current Art Advisory Committee be joined by three staff members and two Board members. This group would make recommendations to the Board who could coordinate art with donor recognition. Dellsperger moved and Magalh~es seconded a motion that this committee be established. Del]sperger volunteered to serve on the committee. One more Board member will be recruited. Martin asked for a vote. The motion was adopted unanimously. A report from Logsden on recent meetings she had with students from Southeast Junior High and City and West High Schools was included in the packet. She showed the students the building plans, toured the present building with them, and then met with them to ask specific questions about the facilities, programs and services of most interest to them. Council and 64 1A. Craig said the Council is not scheduled to discuss 64-1A until March. A draft RFP will be available to them at that time. She urged the Board to come to some agreement about reviewing it, having a conversation with Council about priorities. Dellsperger's biggest concern is that two projects going on simultaneously could increase our budget 1 to 2 million dollars. If the cost of the project goes up who is responsible for the increased cost? The Board needs to know that up front. If there is an added financial burden to the library project then it should be pad of the cost of the development project. Craig asked the Board how they would want to communicate that to Council. Some suggestions were that Martin could address it tonight at the joint meeting immediately following the Board meeting. Another suggestion was to write a letter after we get ICPL Board of Trustees Meeting February 22, 2001 Page 2 some actual costs from City and architect to be included in the Council packet. Craig said it is her understanding that they will be discussing a draft RFP at their work session in March. She will try to get copies of the draft out to Board so that they might respond in some way. The Board directed Craig to draft a memo to include in the packet along with a copy of the RFP. Martin will review and approve. There are other issues to be considered, such as limiting access to the library while we're building. Council was in agreement with us about remaining open and accessible during the process. During the joint meeting, progress and a timeline will be covered by Joe Huberty. NEW BUSINESS Hours of Service: Two issues were addressed in the cover memo to the draft FY02 calendar. One is that we be closed the day before Christmas the other was to be open on Easter Sunday. Consensus of the Board is that we stay open on Easter. Parker moved approval of the calendar. Dellsperger seconded it. Motion carried unanimously. STAFF REPORTS Book Babies: A report from Debb Green was included in the packet noting the one year anniversary of this very successful program. Rel3ort on last month's Le~3islative Day. Craig informed the Board that the ILA Web site had information available. There are definitely issues with state funding. It is hard to predict with any confidence that we won't see a reduction in state funding. A portion of a report prepared by a task force of the Iowa Commission of Libraries was included in the packet. This task force made recommendations that are appropriate and good for library services in Iowa. They are attempting to get legislative action on some of these issues. A question was raised about selling the ICN and the impact on the library. Craig explained that we could get a different internet provider and probably spend much more. The major impact would be on the learning component which allows small communities to be connected and to share resources. Development Rel~ort: report was included in the packet. May 16 is the scheduled date for the Reaching for New Heights campaign kick-off. Inservice Day rel~ort: Nichols's report was included in the packet. Letter to Supervisors from Mayor. Craig included a letter about Jail Service written to the Johnson County Supervisors by the Mayor. Board wants a letter to come from them as well. Craig will send one. COMMITTEE REPORTS Martin appointed the following Board members to serve as the nominating committee: Barclay, McMurray, and Magalh~es. Barclay is to chair. DISBURSEMENTS Visa expenditures for February 2001 were reviewed. ICPL Board of Trustees Meeting February 22, 2001 Page 3 Disbursements for February 2001 were approved unanimously after a motion by McM urray/Parker SET AGENDA ORDER FOR MEETING ADJOURNMENT: Meeting was adjoumed at 5:20 p.m. A joint meeting of the Library Board and City Council convened at 5:30 p.m. at the Civic Center. Minutes taken and transcribed by Martha Lubaroff MINUTES IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, FEBRURARY 26, 2001 - 5:30 PM CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Terry Smith, Cathy Weingeist, Steve Hoch MEMBERS ABSENT: Betty McKray, Jim Pusack STAFF PRESENT: Drew Shaffer, Dale Helling, Andy Marthews, Bob Hardy, Mike Brau OTHERS PRESENT: Kembrew McLeod, Misha Burstien, Sing Loung, Jon Koebrick, Kara Logseden, Phil Phillips, Steve Kanner, Rene Paine RECOMMENDATIONS TO COUNCIL The Commission unanimously passed a motion to recommend to the City Council that they approve using the accrued $125,000 from the pass-through fund to fund part of the City Cable TV Division's new facility. A recommendation on the $125,000 to be accrued over the next 5 years will be made if and when the Commission receives proposals for capital projects from PATV. SUMMARY OF DISCUSSION Misha Burstein reported that the Senior Center will install a new lighting system. Logsden said the library has yet to determine if live programs will be able to be cablecast live from the new library' s meeting rooms. Paine reported that PATV held a documentary workshop lead by Steve Holmes at the public library in February. Nineteen students from Southeast Junior High's media class were provided the opportunity to create a studio production at PATV. Hardy reported that the City Media Unit has been very busy. Fifty-four programs are scheduled for production between now and June. The new video controller purchased with pass-through funds has arrived and is being tested. It will enable video-on-demand, such as sections of the City Council meetings. Shaffer reported that there was a bill introduced in the Iowa General Assembly that would have made cable competition more difficult and protected incumbent cable operators that almost made it to the floor. Fortunately, enough opposition was generated and it does not appear the bill will pass. Hoch said that there was never an assumption by the Commission that the pass-through funds collected for facilities would be evenly divided between PATV and the City or that any organization was entitled to those funds. When examining the joint facility concept the Commission was surprised to discover that PATV had not been setting aside any funds for capital projects. Hoch moved to recommend to the City Council to use the accumulated $125,000 to help fund the City Cable TV Division's new facility. Smith seconded the motion. Helling said it is possible for the City to make an internal loan for funds not yet accrued. The City would likely recommend that whatever amount of cash is put forward would constitute an equity investment in a jointly owned facility. Hoch's motion to recommend to the City Council to use the accumulated $125,000 to help fund the City Cable TV Division' s new facility passed unanimously. Hoch moved to approve use of the pass-through funds to purchase the digital tier program TV guide service for all the access channels, if they wish. Weingeist seconded the motion and it passed unanimously. APPROVAL OF MINUTES Smith moved and Weingeist seconded a motion to approve the corrected January 2001 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Weingeist introduced Kembrew McLeod who will join the Commission in March. SHORT PUBLIC ANNOUNCEMENTS None. SUBSCRIBER ISSUES Shaffer reported receiving 21 complaints-1 about @Home billings, 2 about being placed on hold by ~Home service representatives for 50 to 120 minutes, 11 about technical problems with @Home, 2 about the toll-free gHome number not being of any assistance, 2 about video programming, 1 about interference on channel 20, and 1 about cable TV rates being too high and a need for competition. Hoch said that as a new technology, it is understandable that @Home can be having outages and technical problems, however, gHome makes it exceedingly difficult to get a refund for the time the service is down. The technical representatives are unable to process a refund and they must transfer subscribers to another department, which often entails an extended period of time on hold. At some point such behavior becomes a bad commercial practice. While the amount of refund money a subscriber is entitled is not generally very large, it does add up city-wide. At some point the City needs to address this issue, possibly by working with other communities. AT&T informed the Commission that a local phone number would be available to handle customer service calls. That has not happened. There are many problems, such as software problems, that the local staff can not fix. The total refund due to all subscribers could be a substantial amount of money. Koebrick said that the local AT&T office is now authorized to give credit to @Home subscribers who have problems. Hoch said that @,Home should refund all subscribers for outages without subscribers having to request them which can mean 30 minutes on hold. In addition, subscribers are unsure if they were ever actually credited as the refunds do not show up on subscriber bills. Smith said that these issues need to be explored during the Triennial Review. Matthews said the City needs to keep in mind what it can and can not regulate. Smith noted that at this point AT&T has chosen to consider the ~Home service as a cable service, which falls within the City's regulatory authority. SENIOR CENTER REPORT Misha Burstein reported that the Senior Center' s new studio area is working out quite well. A new lighting system will be installed. LIBRARY REPORT Logsden said it has yet to be determined if live programs will be able to be cablecast live from the libmry's interium meeting rooms. The new media room will have a four camera set-up and a video projector and will be able to cablecast live. Video quality should improve. The construction of the library will be video taped. ECC REPORT No representative was present. PATV REPORT Paine reported that PATV held a documentary workshop lead by Steve Holmes at the public library in February. PATV had a booth at the Business Expo. Three interns are working at PATV this semester. The Board recently held a strategic planning session. Another session is planed for the end of March. PATV taped and cablecast the City High Battle of the Bands. Nineteen students from Southeast Junior High's media class were provided the opportunity to create a studio production at PATV. PATV will tape and cablecast Southeast Junior High' s talent show. MCLEOD REPORT No representative was present. LEGAL REPORT Matthews said he had nothing new to report. CITY CABLE TV OFFICE Hardy reported that the City Media Unit has been very busy. Fifty-four programs are scheduled for production between now and June. Last week seven programs were taped in six days. Several programs in February celebrate African-American History Month and in March programs on women's history are planned. InfoVision has installed a new category called the Physically Challenged Snow Challenge in which a user in a wheel-chair attempts to negotiated a path to work and encounters barriers such as cars parked across sidewalks and snow mounds at curbs. The new video controller purchased with pass-through funds has arrived and is being tested. It will enable video-on-demand, such as sections of the City Council meetings to be retrieved by subscribers. The interactive capability will likely be initiated after the City Channel moves to their new offices in May. Shaffer reported that there was a bill introduced in the Iowa General Assembly that would have made cable competition more difficult and protected incumbent cable operators. Fortunately, enough opposition was generated and it does not appear the bill will pass. Shaffer noted the letter in the meeting packet from AT&T indicating that the rate refund is now complete. The rate complaint initiated in 1996 is now resolved. The expected completion date for Tower Place, the new home of the City Cable Division, is May 1. AT&T has agreed to give the City free DMX music service for the exercise room in the Civic Center. Shaffer thanked AT&T for that service. Shaffer presented a plaque to Steve Hoch as a small token of appreciation for his six years on the Commission. PA S S -THRO UGH FUNDING Hoch said that there was never an assumption by the Commission that the pass-through funds collected for facilities would be evenly divided between PATV and the City or that any organization was entitled to those funds. WhenexaminingthejointfacilityconcepttheCommissionwassurprisedtodiscover that PATV had not been setting aside any funds for capital projects. The Commission should not feel that there is an obligation to use the pass-through funds for a facility for PATV. One thing that contributed to the demise of the first joint facility plan was the demands made by PATV regarding their needs. That history is important when considering how these funds are used. The proposal from the CTG would allocate all of the remaining funds for a PATV facility. The original concept was to purchase a facility for the City that would benefit all the access channels. It was never intended to give PATV half of those funds. Smith said that during consideration of the first joint facility plan it was expected that PATV would provide a 20% equity contribution. Hoch said in discussions at that time it was expected that both the City and PATV would have substantial equity positions in the purchase. Smith noted a memo from PATV to the Commission that outlined how the facility would be funded. That memo states that 40% of the cost would come from the equity in the City 's current office and reserve funds, 40% from the pass-through fund, and direct capital from PATV of 20%. Smith said that there is the City proposal and a statement of PATV's future plans and asked if there were any other proposals. Logsden said that the CTG agreed to give PATV the first option on those funds, but with a deadline for them to develop a proposal. Weingeist said that the Commission needs to make a recommendation regarding the already accrued $125,000 and the $125,000 that will accrue during the remainder of the franchise. As discussed at the previous meeting, it is possible for the City to make an internal loan to fund part of the City Cable TV Division' s new facility. Hardy said that the CTG surveyed their members and only the City and PATV indicated that they have a need for new facilities. Hoch asked what negative consequences there might be from the City making an internal loan. Helling said interest would be paid on the loan. An internal loan, such as the one contemplated, is not a common City practice. Smith noted that the already accumulated funds have been gathering interest and asked if an intemal loan was made and the interest figured in if the interest gained and the interest paid equal out. Helling said it is very close. The interest earned fluctuates depending on the market. Hoch asked if there was a staff recommendation. Helling said the staff recommended using all the accumulated $125,000 to help fund the City Cable TV Division facility, but noted that there were additional options such as the internal loan. The City Council has agreed to use $125,000 from the pass-through fund to help fund the facility, but is looking to the Commission for a recommendation on how to structure the arrangement and a recommendation on the remaining $125,000. Hoch moved to recommend to the City Council to use the accumulated $125,000 to help fund the new City Cable TV Division facility. Smith seconded the motion. Smith asked if the City could make an internal loan for funds not yet accrued if PATV were to present a proposal in the near future. Helling said it is possible. The City would likely recommend that whatever amount of cash is put forward would consist of equity in a jointly owned facility. Hoch's motion to recommend to the City Council to use the accumulated $1 25,000 to help fund the City Cable TV Division facility passed unanimously. Hoch moved that any future funding arrangement for a PATV facility require PATV to make at least a 20% cash contribution. Hoch said as PATV moves forward with a project they need to know what is expected from them by the Commission. Paine said that the 20% was for that facility first identified for purchase as a joint facility. Hoch said there was always an intent that PATV be in a position to make a capital contribution. The need for PATV to have funds to contribute was made clear to PATV 4-5 years ago and PATV did nothing to set aside funds. Weingeist said isn't necessary to set that standard as the Commission can turn down any proposal PATV might make. Smith said he agrees with the point of Hoch's motion, but will not second the motion because it ties the hands of the Commission in the future. TRIENNEAL REVIEW DISCUSSION Shatter noted the letter in the meeting packet to Jon Koebrick outlining some issues to consider during the Triennial Review and said Koebrick likely has not had time to respond. Smith noted that the City is in the 5t~ year of the franchise and the Triennial Review is scheduled for the 3rd and 6th years. Smith asked if AT&T had any concerns with a single five-year review be conducted in lieu of those two. Koebrick said AT&T does have some concems, but wishes to cooperate with the City. ACCESS CHANNELS ON THE DIGITAL TIER PROGRAM GUIDE Shatter said that the cost for the access channels to be included in the digital tier program guide is $65 per month, per channel, which is less than previously thought. Unfortunately, TV Guide officials decided that the access channels will not be allowed to participate in the program description function of the service, only the program title section. Hoch moved to approve use of the pass-through funds to purchase the service for any access channels that wish to use the service. Weingeist seconded the motion and it passed unanimously. BILL STUFFERS Shatter thanked Koebrick for providing the needed information regarding AT&T billing inserts. The insertion cost is $0.015 per piece, or about $375 total. Three months advance notice is needed. Distribution can be limited to just Iowa City, if desired. Total available weight per piece is .31 ounces, which is about an 8 1/2 x 11 sheet of paper. The printing costs are being researched. ADJOURNMENT Hoch moved and Weingeist seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:40 p.m. Respectfully submitted, Cable TV Administrator MINUTES PARKS AND RECREATION COMMISSION MARCH 14, 2001 MEMBERS PRESENT: Craig Gustaveson, Bruce Maurer, Nancy Ostrognai, Matt Pacha, Rex Pmess MEMBERS ABSENT: Toni Cilek, Barbara Endel, Doug Ginsberg, A1 Stroh STAFF PRESENT: Terry Trueblood, Bob Miklo FORMAL ACTION TAKEN Pruess noted the minutes should reflect that Doug Ginsberg was in attendance; Ostrognai noted Rosemary Randolph should be listed under guests. Moved by Pruess, seconded by Gustaveson, to aoorove the February 14, 2001 minutes as amended. Unanimous. NORTH DISTRICT PLAN Bob Miklo, senior planner with the city's Planning and Community Development Department, gave a presentation on the "North District Plan". It is part of the Iowa City Comprehensive Plan, a long-term vision using city programs to implement. The "North District Plan" includes planning principles relating to parks and open space Pruess favored the Foster Road/Dubuque Street intersection reconstruction and signalization proposal, noting it is difficult for bicyclists and pedestrians to cross Dubuque Street. He asked if there was any opposition to the proposal to extend Foster Road east from Dubuque Street to Prairie du Chien Road, and asked about the width of the sidewalks. Miklo stated the goal is to have eight-foot wide sidewalks, which will be dependent on the topography. With respect to the street extension, no objections were heard at the neighborhood workshops. Pruess indicated he liked the plan, noting the peninsula parkland, which will be a good addition to the community. Pacha asked about the timetable for the plan. Miklo indicated the plan is intended to be a general guide to future development within the North District. He noted in terms of major construction, the Foster Road improvements would occur sooner than later; upgrading Dodge Street to three lanes in the next couple of years: and additional stoplights in the next few years. With respect to parkland, Treeblood noted development of the Water Works Park would begin next year, and the pedestrian bridge by the Iowa River power dam should be under construction this summer. Miklo stated he would like an official endorsement by the Comrmssion to take to the Planning and Zoning Commission, who most likely will act on this plan at its meeting on April 19th. Pruess felt it was a good plan and was willing to endorse it. Gustaveson also felt it was a good plan, noting the proposed trails and preservation of the natural areas. The consensus of the commission was to wait until next month's meeting to give the absent members an opportunity to give their input. Pacha requested that this be put on next month's agenda. SMOKING AT YOUTH SPORTS ACTIVITIES This is a continuation of the discussion which began at last month's meeting regardmg the Iowa City Kickers' request to prohibit smoking at the soccer park. Pacha noted the e-mail received from Iowa City Girls Softball, where the consensus of the group was to address it at the coaches meeting and the parent's code of conduct, encouraging a smoke free environment at the outdoor complex. Trueblood reported he had Parks and Recreation Commission March 14, 2001 Page 2 of 4 yet to hear from the other affiliate youth sports groups. Trueblood reported staff arcended a Kickers meeting and informed them of the comnmssion's action taken at its meeting on February 14th (to encourage the Iowa City Kickers to do anything they could to discourage smoking during their leagues), and welcomed them to attend tins meeting. He noted the Kickers indicated they would be doing what they could to discourage smoking, and did not plan to pursue a smoking ban at this time. In e-mail received from Doug Ginsberg, he suggested a sign saying, "Children's lungs at work... please think before you light up." Gustaveson stated as much as he disliked going to outdoor events and having people smoking around him, he felt banning smoking may be an overreaction to a problem that really isn't as bad as it seems. He felt that instead of having a hard and fast rule, signage informing people that smoking is discouraged would be acceptable. Pruess noted the Mercer Park ball fields, where there may be adults playing softbali on fields 3 and 4 and Babe Ruth Baseball playing on fields 1 & 2 at the same time. Pruess stated he was not a proponent of sign proliferation, but he was not opposed to placing signs in a few key strategic areas; Pacha agreed. Gustaveson felt the best way to handle the issue was to encourage the Kickers to advocate no smoking at their sport events, by informing parents of their stance on having the soccer park being smoke free. Ostrognai questioned what a few signs meant, noting she did not want signs obscuring the view. Trueblood estimated six to eight signs, noting there may be less. He stated they would be erected at areas where people tend to head out to the fields, such as the concession stand area. Maurer noted doing what the commission should do to outlaw smoking would mean unhappy people, but it was apparent the commission did not want to do that. Pruess felt it would not be that many years before smoking would be prohibited at outdoor sporting events. Trueblood stated he would encourage the youth sports groups to inform the parents, staff and volunteers through their literature. Trueblood asked whether staff or the commission would determine the wording on the signs; the consensus of the commission was for staff to handle. CAPITAL IMPROVEMENT PROJECTS Trueblood gave a status report on the following pending capital improvement projects. Willow Creek Trail. Repair will be made to the 300-400 feet of trail at its west end, which was tom out due to a storm sewer project. The trail connection over to Tipperary Road will occur this summer, with an effort to put in a temporary asphalt trail connection over to Shannon Drive. Skate Park. A meeting was held with the consultant, who provided a design proposal and estimated cost for a scaled-down version. Staff did not ask for a scaled-down version; the consultant indicated they did it due to the city not receiving the grant. Staff has instructed the consultant to develop a design and cost proposal based on the original design. Staff is working to come up with the needed additional funding, but the design may be different to some extent. A meeting will be held with the skate park proponents to obtain their input on any change to the original design. The timetable is to have the final plans and specifications completed by May 1 st, with construction beginning sometime in June. Hickory Bill Trails. The City Council will act on the consultant's agreement next week, with quite a bit of engineering work to be done this summer, and construction beginning late summer or fall. Parks and Recreation Commission March 14, 2001 Page 3 of 4 City Park Trails. The grant application failed; estimated cost for the project is $440,000, which $210,000 was projected from the grant. The study separated the trail into six segments. Staff subrrfitted a funding proposal to the City Manager and Finance Director to proceed with four segments. Soccer Park. Two new signs were ordered for the Iowa City Kickers Soccer Complex, and two shelters and kiosks have been installed. Other improvements to be made include playground equipment, more shelters, parking improvements, accessibility, and trails. Mercer Park Concession Building. Anticipated completion of the building is May 1st. Tennis Court Lighting. Lighting at both the City Park and Mercer Park tennis courts will be done this summer, with the project occurring around the middle of the summer, if possible. Highway 6 Trail. A ten-foot trail on the south side of the highway from the Iowa River to Broadway Street at a minimum will be completed a year from sintuner. Staff would like to continue the trail over to Sycamore Street and beyond, dependent on the bids received. The drainage portion of this project will be completed this summer. Longfellow Tunnel/Trail. This project, which includes trail connections to the "park" north of the railroad tracks and to Kirkwood Avenue, will be under construction by July. Hunters Run Pare Three neighborhood meetings to discuss development of the park have been conducted, with one more meeting scheduled. Construction should begin by mid- to-late summer. Miller/Orchard Park. A meeting was held with neighborhood representatives. The group would like to acquire two acres from the adjacent Ruppert property, in order to extend the parkland to Miller Avenue. They want to make one more attempt to acquire this property, and have asked if the Mayor would send a letter to the Ruppert family. One issue is that they are concemed with children rtmning across the street from Roosevelt School to get to the park. There may need to be a fence to force the entrance to the park to come off Miller Street. City Park Buildings. Park staffrehabbed one section of the old shop into an indoor park shelter. Over the course of the summer and next winter aesthetic and parking improvements will be made. City Park Amusement Ride Area. A gazebo has been erected; the carousel menagerie has been painted; the train is being overhauled and painted; and other improvements will take place this spring/summer. Staff is still looking into the possibility of extending the railroad track. Kiwanis Park. The park is nearly completed, with the prairie to be replanted this spring and the drainage problem at the Abbey Lane entrance to be corrected along with miscellaneous other items. Napoleon Park. With the remaining funds from this project, staff hopes to install playground equipment and one or two shelters this year. Restroom Replacement Program. The restroom in South Hickory Hill Park is the top priority, and will Parks and Recreation Commission March 14, 2001 Page 4 of 4 hopefully be replaced this summer. Walden Woods. At the request of the neighborhood, minimal development will occur - a few trees, plantings, and a couple of park benches. Waterworks Park. The first phase will be initiated this summer. Wetherby Park. The project is nearly complete; staff is looking into a possible butterfly garden; and a few other miscellaneous items are needed for completion. COMMISSION TIME Ostrognai distributed information on the upcoming Altemative Transportation Solutions Conference to be held April 27 and 28 at the Sheraton Iowa City Hotel. DIRECTOR'S REPORT Treeblood reported on the following: Iowa City Kickers. The club is the recipient of the Iowa Park and Recreation Association 0PRA) Lay Organization Award, in recognition of their outstanding efforts and contributions. University of Iowa. Staff will be attending a university-initiated meeting to discuss creating alternative, alcohol free activities in the downtown area. IPRA Conference. The state conference will be held in Dubuque March 26-28. ADJOURNMENT The meeting adjoumed at 6:15 p.m. I04-17-01 MINUTES MARCH 1, 2001 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Jerry Hansen, Pam Ehrhardt, Dean Shannon, Benjamin Chait MEMBERS ABSENT: Marilyn Schintler STAFF PRESENT: Mitch Behr, Bob Miklo, John Yapp, Karen Howard OTHERS PRESENT: Ann Barrels RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 4-1, to approve a rezoning to establish the Governor- Lucas-Bowery Street Conservation District, a Conservation Overlay Zone, located generally south of Burlington Street along Governor and Lucas Streets, including the letter of agreement from the State Historical Society. Recommended approval, by a vote of 5-0, to approve amending the zoning code to permit accessory apartment in an accessory building with the provisions and references in the staff report and to include the following language in number 7 of the zoning code: The accessory apartment shall be clearly subordinate in area to the single-family dwelling or to the accessory building. The accessory apartment may not contain more than thirty percent (30%) of the principal building's total floor area, or not more than fifty percent (50%) of the accessory building's total floor area and in no case may be larger than eight hundred (800) square feet or have more than two (2) bedrooms within a principal building or more than five hundred (500) square feet or have more than one (1) bedroom within an accessory building. CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:37 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg said there is a list of vacancies on City Boards and Commissions available on the lobby bulletin board. She said the City needs expertise from the public. REZ01-0002. Discussion of an application submitted by Charles Ruppert for a rezoning of approximately 12.09 acres of property from I-1, Industrial, to C1-1, intensive Commercial, for property located on the south side of Highway 1, between Westport Plaza and Menards. Yapp said this property is approximately 12.09 acres in size and is located between two commercial zones, the Westport Plaza property to the northeast and the Menards development to the southwest. Yapp said the Comprehensive Plan supports commercial development in areas where existing infrastructure can be utilized, where vehicular and/or pedestrian traffic will be adequate to support commercial enterprises, and where the commercial development will have the least negative impact on surrounding neighborhoods. Staff feels this property has all those attributes. The Comprehensive Plan also states that landscaping and access points are important for commercial corridors and entranceways to the City. Planning And Zoning Commission Minutes March 1, 2001 Page 2 Staff is recommending that no direct access be permitted to Highway 1. This is a condition that has been placed on this property in the past, and there is an existing frontage road that abuts the property from the Westport Plaza site and a planned frontage road from the Menards property, both of which provide access to the Ruppert property. Regarding environmental restraints, the property does contain hydric soils, which does not prohibit development but some special construction methods and drainage issues need to be taken in to account if and when a development is designed. Yapp said the property is covered by the runway protection zone for Runway 12. The airport has a runway protection zone easement over the property, which prohibits some uses that have a large congregation of people such as restaurants, camping, playgrounds and other uses that attract a lot of people. There are also some height restrictions closer to the runway. The runway protection zone does extend at a 20 to 1 slope from the airport property out over this property. The further away from the runway, the taller your buildings can be. The Federal Aviation Administration would need to review and approve any future development. Regarding entranceway issues; in the past on properties along Highway 1, the City has through Conditional Zoning Agreements has required certain landscaping and site design techniques to preserve the appearance along Highway 1. In summary these include: no outdoor storage of materials should be visible from Highway 1, loading docks should be screened from view, parking rows should contain landscaping at the ends of rows, no more than one free-standing sign, a 30-foot setback from Highway 1 should be landscaped with ground cover, and any development should be approved by the FAA for compliance with the Runway Protection Zone. Yapp said staff recommends that the proposal to rezone the Ruppert property from I-1 to C1-1, Intensive Commercial be approved, subject to a conditional zoning agreement addressing the development's landscaping, design, sign, access, and runway protection zone issues. Yapp said Bovbjerg asked at the work session how the Ruppert property relates to the North Airport development. He showed the location of this proposal and the Nodh Airport Development on the map and how Ruppert Road is planned for extension to Riverside. Shannon asked what could be done with the property that could be lower density. Yapp said they could do almost anything that is permitted in the Intensive Commercial Zone, which typically are uses such as contractors' yards, lumberyards, car dealerships, and other uses where outdoor storage of materials is a component of the business. The restrictions are on large congregations of people, which is what would trigger the FAA to be concerned. Shannon said the businesses on either side would be large congregations of people. Yapp said WaI-Mart and Menards are not in the Runway Protection Zone. He said the airport zoning regulations restrict uses that have an occupancy rating of 50 square feet per person or more, according to state building code. Ehrhardt asked if there is any way to avoid having a blank wall facing the Highway like Wal- Mart. Yapp said that is something that has been done in the past, with other developments. Miklo said they may be able to do something similar. Planning And Zoning Commission Minutes March 1, 2001 Page 3 Ehrhardt asked if they were not to consider anything about the potential sale of the property to the Airport, or whether their vote influences that sale. Behr said that is correct; that should not be a consideration at all. Hansen said he thinks it is the right use of the property but he also doesn't want a stark wall facing the Highway. Bovbjerg asked about the 30-foot setback on the map. Yapp pointed out the 30-foot landscape easement that is in place. Bovbjerg asked about the access road and if that is a requirement. Yapp said there is a 50-foot access easement, which already exists across the property. Public discussion open: There was none. Public discussion closed. MOTION: Chait moved to defer REZ01-0002, discussion of an application submitted by Charles Ruppert for a rezoning of approximately 12.09 acres of property from I-1, Industrial, to C1-1, Intensive Commercial, for property located on the south side of Highway 1, bebNeen Westport Plaza and Menards until March t5, 200t. Shannon seconded the motion. Ehrhardt asked if anything about the wall wouid come after the development comes in or if they need to do something now. Yapp said if they want that to be part of the Conditional Zoning Agreement they would do that now. He said staff would suggest some language for the next meeting. The motion carried on a vote of 5-0. Discussion of a rezoning to establish the Governor-Lucas-Bowery Street Conservation District, a Conservation Overlay Zone, located generally south of Burlington Street along Governor and Lucas Streets. Miklo said the Commission voted on this at the last meeting but they did not have a letter from the State Historical Society at that time. Staff found out it was something that was required before voting. The letter has been received and the State Historical Society agrees the proposed Conservation District is an appropriate method to help preserve this area. They did make some suggestions on some of the key historic properties in this area such as the Bethel AME Church, which is already on the National Historic Register; that those places have further protection as Iowa City landmarks. He said there are a few other places that might also apply. He said the letter will be passed on to the Historic Preservation Commission and they may be before the Planning and Zoning Commission in the future to nominate certain properties for landmark status. Ehrhardt asked how many properties were suggested for landmark status. Planning And Zoning Commission Minutes March 1, 2001 Page 4 Miklo said the Bethel AME Church, 411 South Governor; Stone Cottage, 332 South Governor; 510 South Governor, frame Italianate, 922 Bowery; Gothic Revival, 917 Bowery; and a Queen Anne, 427 South Governor. Public discussion open: There was none. Public discussion closed. MOTION: Ehrhardt moved to approve a rezoning to establish the Governor-Lucas-Bowery Street Conservation District, a Conservation Overlay Zone, located generally south of Burlington Street along Governor and Lucas Streets, including the letter of agreement from the State Historical Society. Hansen seconded the motion. Shannon restated his position of February 15, 2001 against the rezoning because he is against adding more layers of government and does not want to take away any property rights unnecessarily. Shannon said he would not be against property owners voluntarily having their properties designated as historic properties. The motion carried on a vote of 4-t. Shannon voted against. COMPREHENSIVE PLAN ITEM: Public Hearing on an amendment to the Comprehensive Plan to include the North District Plan. The North District is bounded by Interstate 80 to the north, North Dodge Street on the south and east and the Iowa River on the west, including the Iowa City Water Plant Site located north of Interstate 80. Howard said the North District Plan is intended to be a general guide for future development in the North District. If adopted it will become part of the Comprehensive Plan. It is the fourth district plan that the City has undertaken. Previous efforts have been in the South District, the South Central District and the Northeast District. She said the plan before the Commission is the culmination of the efforts of many interested citizens over the last year and a half. The plan is divided into three sections. The first section describes the location, the second section describes planning principles divided into five categories: housing, commercial and institutional uses, transportation, public services and facilities and parks and open space. The third section is the North District Plan map. She noted some of the handouts and correspondence received. Staff received an e-mail from Mike Arn who has a long history in the North District. He sent a message from Texas as spokesperson for his family and highlighted his family's history in the area and commented on the Plan. His letter and staff's response is included in the Commission's packet. Some of the issues that he brought up were that on the plan map the interchange of Dubuque Street the City right of way overlapped with Laura Drive. It appears that Laura Drive connects with Dubuque Street in some way and that is not the case now or in the Plan. She said staff is recommending that an appendix be included in the Plan to show all the citizens that participated in the process. Bovbjerg asked if the only change was the drawing in of Laura Drive. Howard said that and the key to the map. Planning And Zoning Commission Minutes March 1, 2001 Page 5 Public discussion open: There was none. Public discussion closed. MOTION: Shannon moved to defer an amendment to the Comprehensive Plan to include the North District Plan. The North District is bounded by Interstate 80 to the north, North Dodge Street on the south and east and the Iowa River on the west, including the Iowa City Water Plant Site located north of Interstate 80. Ehrhardt seconded the motion. The motion carried on a vote of 5-0. OTHER: Discussion of a request submitted by Ann Bartels to amend the zoning code to permit accessory apartments in an accessory building. Miklo said accessory apartments are currently allowed in a primary residential structure. There are some limitations on them. The occupants of the accessory apartment or the home itself must be elderly or handicapped and one of the units must be owner occupied. There are restrictions on the size of the property and there is a committee review process every three years. He said in 1998 staff put together a proposal to expand the options for accessory apartments to allow them in accessory buildings such as a garage. That was deferred by the Commission. Since then the City has received a letter from Ann Bartels requesting a similar amendment. Staff is recommending approval. He said he received comments from Ehrhardt and those are provided for the Commission along with staffs responses. He said one thing staff feels the Commission should consider is a size restriction on the accessory apartment if it is in a detached building. Staff suggests limiting an accessory unit in a detached building to 500 square feet or one bedroom. Ehrhardt asked about the side yard and if it were possible for someone who had a wide lot to put an accessory building in the side yard. Miklo said it must meet the 5-foot side yard setback. Ehrhardt said when the code talks about an accessory unit inside a house the entrance should be in the rear or the side. She said they need to think about whether they want the front door of the accessory apartment to be in the front, side or rear. Miklo said the reason for the current wording is so it wouidn't look like a duplex. He said with a detached structure that may not be as big of a concern. He said the Commission might want to put in a restriction as to where the door is. Shannon said the letter from Boothroy does not indicate any concerns. Miklo said that is correct. Boothroy made the original proposal two years ago. Bovbjerg asked if currently, an accessory apartment within a building must have a separate entrance. Miklo referred to #5 in the code: The accessory apartment shall be designed so that the appearance of the building in which it is located remains that of a single-family residence. Any Planning And Zoning Commission Minutes March 1, 2001 Page 6 new entrances should face the side or rear yard of the building, and no addition for an accessory apartment shall increase the floor area of the original dwelling by more than ten percent. He said there is no requirement that it have its own entrance, but if it has one it has to be on the side or rear. Chair asked what the likelihood of having an accessory unit in a side yard. Ehrhardt said there were several possibilities for that in her neighborhood. Chait asked if her concern was having an entrance facing the street. Ehrhardt said she wasn't sure if she had a problem with that. Chait said he did not have a problem with the entrance not facing the street. Bovbjerg said they were limited in their design review and that #5 would govern. Chair said he didn't want to get too restrictive. He said #5 as it is would be fine. Ehrhardt asked about lot coverage restrictions. Miklo explained that all buildings on a lot could not cover more that 45% in RS-5 zone and 40% in RS-8 zone. Chair said when you look at all the standards on the books; they put a damper on invasiveness of this type of development. Ehrhardt clarified that remains the same. Miklo said yes. Hansen asked about parking. Miklo said for a single family dwelling you can have one parking space in the front yard and cannot cover more than 50% of the front yard with pavement. Hansen expressed concern that there could be a lot of parking with these units. Chair said the people living in the accessory units would be elderly or handicapped. Hansen said if an elderly or handicapped person lived in the house, they could rent out the accessory unit to college students. Chait asked if it is defined who is the renter and who is the owner. Miklo said no just so that one, either the renter or owner is elderly or a person with disabilities. He said they don't check who the occupant is; that's not the City's business. Hansen said he thought it was to give a person who was ill or handicapped the opportunity to have a caregiver in the accessory unit. Chait said they don't know what the scenario would be. He said they are just making the possibility more real that they could stay on their property. He said what they can do now, does not change. He said this would allow them to live in the accessory unit and rent out the house Planning And Zoning Commission Minutes March 1, 2001 Page 7 no different than they could rent out the house today without this. He said the house could have too many people or too many cars under the current ordinance. Miklo said it would change the location of the accessory unit from in the house to in a detached building. Public discussion open: Ann Barrels, 524 3~d Avenue, Iowa City, said she cannot address technicalities of doors and spaces or potential abuses but she would like to say a few things about accessible housing in general and the accessory apartment idea and why she thinks it is important to pass this amendment. Barrels said we need more accessible housing. Currently, in Iowa City, there are 250 families on a waiting list for accessible housing. Aside from this immediate need, accessible housing makes sense for everyone. Ease of movement in a living space makes sense for small children. It makes sense for the able bodied, the elderly and it is essential for people with severe mobility issues. Barrels said need is only going to increase. Our population is aging. Baby boomers are becoming senior citizens. As we age, our chance of sustaining an injury or illness that leaves us with a temporary or permanent impairment increases. When this happens, we would all be thankful for not having to negotiate our crutches, walker or wheelchair up a flight of stairs just to use the bathroom. The accessory apartment provision will encourage the establishment of accessible housing. Broadening the provision to include detached buildings will encourage it even more. But the accessory apartment can have far more social impact than simply encouraging accessible housing. Bartels asked if she could use her particular case as an illustration; she plans to create an accessory apartment in a detached building on her property. She will make it accessible because that makes good sense, and rent it to a wheelchair dependent occupant. She has reduced the number on the list to 249 and is receiving rent payments, making home-ownership affordable. We both win. Barties said in a few years, her mother may be in need of assistance. She can move in the apartment and maintain some independence yet be close to family for care and supervision. In this way, she avoids expensive assisted living or nursing home care. Bartels said down the line further still, she will be the one who is tired, disabled or otherwise unable to live in the principal house. She will then move into the apartment and rent the house to some younger, able-bodied people for reduced rent (by then she will have paid off her mortgage) in exchange for yard duty, laundry or other favors, and so you see, over the course of 40 years or so, many people have received benefit. Bartels said she is a single person with no children. She is concerned about her future and how she will manage when/if she is less than fully capable. The accessory apartment will give options. Bartels said we should all consider our futures and those of our neighbors. The accessory apartment is a unique and creative way to provide housing options for ourselves, elderly and disabled. Chait said he had no idea of her motivation. He said he is primarily supporting extra income for property owners. He asked Bartels where her motivation is; how much motivation is due to money. Bartets said part of her motivation is money. Chait asked for a percentage. Planning And Zoning Commission Minutes Mamh 1, 2001 Page 8 Bartels said it is significant to reduce the list of people waiting for accessible apartments from 250 to 249. Ehrhardt asked if Bartels would object to a condition of limiting to one bedroom and 500 square feet. Bartels said her space is 456 square feet and she would call it a one-bedroom space, She said it had been an apartment years ago and she wants to rehabilitate it back into an apartment. Ehrhardt said she is sympathetic to what Bartels wants to do and with her property it looks very natural. Her concern is doing it for the whole city and someone doing it in a way that could be very disruptive to neighbors. Public discussion closed. I~IOTION: Chait moved to approve amending the zoning code to permit accessory apartment in an accessory building with the provisions and references in the staff report. Shannon seconded the motion. Ehrhardt said she would like to consider an amendment to the motion to limit it to 500 square feet and one bedroom and limit the lot size. Miklo explained minimum lot sizes in RS-5 and RS-8 zones. Chait said he thinks they do not understand the distinctions that are already in the ordinance. He said setting more limitations defeats what they are trying to do in the first place. He said their concerns wouldn't happen because they can't happen now. He said he would rather not have a size restriction, He said he understands Ehrhardt's concern as a rude neighbor over building their lot, Miklo said there might be some merit in restricting it to 500 square feet because it can be up to 50% of the building area of the accessory building. AI~IENDI~IENT TO I~IOTION: Ehrhardt moved to amend the motion to include the following language in number 7 of the zoning code: The accessory apartment shall be clearly subordinate in area to the single-family dwelling or to the accessory building. The accessory apartment may not contain more than thirty percent (30%) of the principal building's total floor area, or not more than fifty percent (50%) of the accessory building's total floor area and in no case may be larger than eight hundred {800) square feet or have more than two (2) bedrooms within a principal building or more than five hundred {500) square feet or have more than one (1) bedroom within an accessory building. Chait seconded the amendment to the motion. Hansen said he likes the amendment, Chait said he does not like the restrictions but he will go along with it in the spirit of compromise. Shannon said he's against the amendment because he thinks they are trying to micromanage something. He said it makes it confusing. The amendment to the motion carried on a vote of 4-'1. Shannon voted against. Hansen said he's in favor of the principal of providing housing for elderly or disabled but then he reads staff's response to Ehrhardrs e-mail which states: We feel that the positive benefits of Planning And Zoning Commission Minutes March 1, 2001 Page 9 providing additional housing options for the elderly and their caretakers as well as persons with disabilities, out weigh the possible negative concerns. Hansen said the way this is going, it's not really providing additional benefits to those people. It's providing additional benefits to anyone. He said he thinks they are creating a lot more individual landlords who have no experience with renting. He said he's seen so many problems in neighborhoods because landlords don't know how to deal with bad tenants. He said the City should offer training for landlords. Bovbjerg asked if Hansen felt he would vote against the motion. Hansen said his comments were somewhat outside of this zoning issue. Chait said as a community, they could not restrict who can and cannot become a landlord. Hansen said they cannot restrict it but he would like to see the City make education for landlords available. He said he's in favor of this amendment. Chair said he will support the motion as drafted but he does feel more strongly that it should not be restricted to handicapped and elderly. He would like to see it broader to help the average person afford to stay where they are. Shannon says he supports this kind of housing, he was just wary of restrictions being added with the amendment. Ehrhardt told of her grandmother who lived with them. The altered their house for that. Soon her in-laws will be moving in with them and it would be nice to have an accessory unit for them but she will not do that to her neighbors. She thinks there are enough restrictions on this that she can support it. She said she is concerned with enforcement. She said it is difficult to prove if someone is abusing the ordinance. Behr said there is always a difficulty to prove who lives where. He said he thinks the over- occupancy problem is more with students. He said in this situation he doesn't think that would happen as often. He said it could be difficult but less difficult than what it has been compared to. Ehrhardt asked what evidence would be needed to prove someone was abusing the accessory apartment rules. Behr said you would check the mailing address, tax returns and testimonies; a trail of things. Bovbjerg said she thinks the motion makes good sense, city-wide. It is narrow enough. Chait said not to forget this is an amendment to an accessory code already in place. It's not brand new; it is a modification. The motion carried on a vote of 5-0. Bovbjerg asked if Hansen wanted to make an appeal to staff about making information available to landlords. Hansen said that is being worked on in the Neighborhood Council. He said he thinks the City should be more assertive in it's housing department on the over occupancy issue. He said as it is being proposed there would be a staff person to train potential landlords. Planning And Zoning Commission Minutes March 1, 2001 Page 10 Bovbjerg asked if it would be voluntary or mandatory. Hansen said that's the biggest question. Hansen said the program would train landlords to recognize problems, i.e. drug traffic. Chait asked if the landlord did not know anything ever, would he be somehow liable. Hansen said that has to be worked out. Shannon said it's a grand idea and it's doomed to failure. He said he was a landlord for thirteen years and he read all the books. One time he had a nice duplex and it came to his attention that the tenant was paying his rent in cash always. He found out he was a drug dealer and they were getting ready to lower the boom on him and the federal government was going to seize his property, which they can. He was able to get the tenant out but he destroyed the place before he left. When he moved in he had excellent credentials. A previous landlord was not going to say anything bad about him. Shannon said his lawyer told him there was nothing he could do about it. He said you have some landlords who will be bums no matter how much education you give them. Hansen said they need people like Shannon to talk at the Neighborhood Council. Shannon said he doesn't know if it's fair to impose school on the landlords when you will still have bad tenants. Bovbjerg asked about the minutes from February 15, 2001. Miklo said they would be mailed to Commission members. ADJOURNMENT: The meeting was adjourned at 9:27 p.m. Dean Shannon, Secretary Minutes submitted by Diane Crossett PLANNING AND ZONING COMMISSION MARCH 15, 2001-7:30 PM CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Pam Ehrhardt, Benjamin Chair, Dean Shannon, Marilyn Schintler MEMBERS ABSENT; Jerry Hansen STAFF PRESENT: Mitch Behr, Bob Miklo, John Yapp, Karen Howard OTHERS PRESENT: Bob Downer, Glen Siders, Mike Pew, Charles Ruppert CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:37 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Bob Downer, attorney for Charles Sodergren, Woodridge Avenue, appeared on Sodergren's behalf and on the behalf of other Woodridge residents whom Mr. Sodergren represents to ask the commission to review city ordinances relating to the siting of cellular communications towers within the corporate limits of the City of Iowa City. He cited the 1996 Telecommunications Act, which established a comprehensive framework for the exercise of jurisdiction by state and local authorities over the construction, modification and placement of towers. All towers so far have been located in Commercial, Commercial Industrial, Industrial and Rural zones. Now a company wants to place a tower on the Regina campus, which is in an RS-5 zone. Lighting may be required atop towers to meet FAA requirements, and in some cases strobe lights are required. Health risks may be associated with the electro-magnetic emissions. Downer cited the Los Angeles Board of Education's opposition beginning 27 June 2000 to any future placement of towers on school property. Downer asked the Commission to set in motion a process for development of appropriate regulatory standards in Iowa City regarding placement of cellular towers. Bovbjerg asked if he represented any organized group. Downer said Sodergren is the principle member of a nascent group opposing the tower placement on Regina's campus. Ehrhardt asked what procedure would be followed to place a moratorium on building the tower until the situation could be studied. Would it come from Planning and Zoning, or the City Council. Behr said he would need to look at the Los Angeles decision before he could adequately answer. Miklo said that the City had looked into this issue in 1997. Yapp said that ir~ 1997 the City studied the issue of the placement of communications towers, and as a result did open a few more zones in which towers are permissible. In response to the Telecommunications Act of 1996, communications towers are permitted in the Industrial zone. By special exception communications towers are also allowed in ORP, RDP, ID and P zones. They are permitted in Commemial zones if they are accessory to a commercial business, as is the case with KCRG. The recent Duncan Report largely agreed with the City's 1997 revisions, but made suggestions for minor revisions. Chait asked what the zoning at Regina is. Yapp said it is RS-5, Single-Fmaily Residential; communications towers are not permitted in residential zones. The only option available to a cellular provider would be to apply for a variance, or ask that the city code be changed. Bovbjerg asked whether Planning and Zoning should open the issue again. Yapp said it might be a good starting point to reveiw what was adopted in 1997. Bovbjerg asked Miklo for clarification: is it an issue to place on the pending list or is it a point of information. Miklo said it would be a point of information. If the Commission felt furlher work needed to be done, or the ordinance needed revision it would be something to put on the pending list. City Council would have final say as to whether or not the issue should be reopened Miklo added that, given the small space of time since the adoption of the ordinance in 1997 he would be hesitant to devote a lot of time to researching the topic again. Planning and Zoning Commission Minutes March 15, 2001 Page 2 Bovbjerg asked if the matter of obtaining a variance to site a tower came up it would go to the Board of Adjustment. Yapp confirmed this. Downer added that Federal court decisions regarding the legality of statutes and the latitude available to local governments in legislating ordinances on tower siting all took place after 1997. Those court decisions may need to be taken into account. Chait reminded Downer that a request for a variance would be made to the Board of Adjustment, not Planning and Zoning. Downer conceded this but reiterated the perception of his client that Planning and Zoning was a good first step in the process of opposing a Regina-sited tower. Chair asked if there was a more definitive way to say no to siting towers in residential zones. Yapp said that other than stating it is not a permitted use he could not conceive of a better way. He stated that the legal test for obtaining a variance is very strict. Yapp emphasized that the City has not received any application for a communications tower on the Regina property so far. Bovbjerg invited further comment. There was none. Announcement of Vacancies: Bovbjerg said there is a list of City Board and Commission vacancies posted on the lobby bulletin board. She iterated the value of public input. REZ01-0002, an application submitted by Charles Ruppert for a rezomng of approximately 12.09 acres of property from I-1, Industrial, to C1-1, Intensive Commercial, for property located on the south side of Highway 1, between Westport Plaza and Menards. Yapp said that at the request of the Commission at the meeting of March 1, 2001 Staff has proposed language intended to minimize the possibility of having a blank wall face Highway 1. The Comprehensive Plan contains statements that the City should enact guidelines to protect the appearance of entranceway corridors. Because thero is as yet no development proposal the protective language staff suggested is somewhat broad. Staff suggests the Conditional Zoning Agreement state that: the building walls facing Highway 1 shall be masonry, including brick, stone, dressed concrete block, or stucco; or, a minimum of thirty percent of the wall should be windows or window openings; or, other changes in the pattern of the wall provided the wall is masonry or like material. Staff continues to recommend approval of rezoning contingent on a conditional zoning agreement addressing landscaping, site and building wall design, signs, access, and airport runway protection zone issues. Ehrhardt asked if'the Wal-mart wall facing Highway 1 would be permissible under this language+ Yapp said it would either have to be all masonry, or be 30% windows, or another patterned surface, predominantly masonry, as approved by the Director of Planning and Community Development. Bovbjerg asked if the proposed language would be part of the conditional zoning agreement. Yapp confirmed this. Public discussion open: There Was Rone. Public discussion closed. MOTION: Shannon moved to approve REZ01-0002, an application submitted by Charles Ruppert for a rezoning of approximately 12.09 acres of property from I-1, Industrial, to C1-1, Intensive Commercial, for property located on the south side of Highway t, between Westport Plaza and Menards, subject to a conditional zoning agreement addressing the development's landscaping, Planning and Zoning Commission Minutes March 15, 2001 Page 3 site and building wall design, sign, access, and runway protection zone issues. Schintler seconded the motion. Ehrhardt asked if there were any way to prevent a solid wall of one material being constructed. Yapp said that would be up to the Commission. Yapp suggested striking the first sentence requiring the wall to be masonry, leaving the other two as conditional options. Discussion followed on the definition of "masonry" and perceptions of what constituted a blank wall. Ehrhardt expressed concern that the language was perhaps too broad. Shannon cited the previous instance of requiring a percentage of fenestration at the Ist Avenue Walgreen's. Yapp confirmed this. Shannon also recalled there were landscaping requirements, which Yapp said was accounted for in this case as well. Bovbjerg asked Ehrhardt if the mention of masonry in the third condition was satisfactory. Ehrhardt, with slight reservation, said it was. Bovbjerg asked Staff if striking the first sentence would require an amendment to the Commission's motion. Yapp said no. Chait expressed reservations about the level of minutiae the rezoning conditions seek to address. The Commission discussed the language suggested for the Conditional Zoning Agreement. Bovbjerg asked how the Commission felt about altering the language meant to minimize the chance of a blank wall facing the highway and just requiring the patterned wall surface be at least mostly masonry. Following further discussion the Commission decided to leave the language for the Conditional Zoning Agreement intact, as recommended by staff. The motion carried on a vote of 5-0. REZ01-0003/SUB01-0004, an application from Southgate development for an amended Sensitive Areas Overlay plan and a preliminary plat of Walnut Ridge Par~s 9-10, a 13-1ot residential subdivision located on Kennedy Parkway. Miklo said the applicant is requesting that the tree protection area and buffer be reduced in four of the lots (93, 97, 98, 99) and on Lots 98 and 99 additional trees would be removed with approval. Grading in Lots 93 and 97 could ultimately lead to the demise of several extant trees if the roots are harmed. The Sensitive Areas ordinance allows the City to approve replacement trees if infrastructure considerations or site constraints exist that would prevent property development without said tree removal. Miklo said that if the developer were to reduce setbacks from the forty feet consistent throughout the development to thirty feet there would be sufficient room on which to site a house without changing the existing tree protection area. Staff does not recommend approval of the current amendment to the previous plan. Schintler asked ~,hat the City Forester had to say about the trees and their removal. Miklo said the Forester approved the replacement plan if the Commission finds there is sufficient cause to approve the current plan, but he does not endorse tree removal. Bovbjerg asked if the plan was different in the layout of lots. Miklo replied that the change in the protection area is the only difference. Chait asked what the depth of the proposed increase is. Miklo said it ranges from about twenty-five to sixty feet. Public discussion open: Glenn Siders of Southgate Development stated that Southgate misunderstood the meaning of the buffer line. They thought that the trees within the fifty-foot area from the buffer line to the preservation line were potentially removable when a house was built. Siders said Southgate is requesting that a new, less deep buffer be set 110 feet from the right of way. Planning and Zoning Commission Minutes March 15, 2001 Page 4 Siders stated that the City approached Southgate ten years ago with an agreement to reduce some ordinance standards to facilitate construction of one acre plus development within city limits. Southgate agreed. Siders said Staff suggestions to move the Alder Court cul-de-sac southwards would not work because of the reduction in size of Lots 95 and 96. Nor would shrinking the size of the cul-de-sac. Siders said he would be willing to enter into a legal agreement in which Southgate would cut down only enough trees on each lot to be able to fit in the houses. Siders went on to ask that Planning and Zoning work with Southgate on this issue. He pointed out that ordinances have changed since Walnut Ridge was begun. He asked that the new buffer line, 110 feet back from the lot line, be approved. Ehrhardt asked whether having fewer lots was an option, considering the difficult building conditions, Siders said no; he would consider that quite a constraint, Ehrhardt asked about the illegal grading and removal of trees. She wondered if Southgate had had a different plan previously. Siders said the plan is different. The cul-de-sac has been moved south from its originally proposed position and reduced in diameter. The grading had been done in anticipation of construction needs, Bovbjerg asked if there were any further questions. There were none. Mike Puqh, attorney for Southgate, made the clarification that only the trees on Lots 98 and 99 would be removed. Pugh said that Southgate has a contention with Staff concerning sensitive areas site restrictions, in that Staff feels Southgate has not adequately demonstrated that site restrictions exist. Pugh cited Sider's random sampling of previous lot plans to reiterate the fact that, on average, grading has extended to 120 feet from the lot line. Southgate is proposing to extend to only 110 feet. He pointed out that the existing buffer line on Lot 99 leaves only an eighty-foot depth. The largest depth measure on Lot 98 is ninety feet, Pugh said Southgate feels that--based on the requirements the City has imposed in the past regarding lot sizes and setbacks in Walnut Ridgo in this phase of the development there is a constraint. Pugh said that the fact that there is still room to build a structure is not the intent of the sensitive areas ordinance. Pugh said Southgate feels the modification in buffer lines constitutes a reasonable use. Bovbjerg asked if there were any fu~her questions. There were none. Public discussion closed. MOTION: Chait moved to defer an application from Southgate development for an amended Sensitive Areas Overlay plan and a preliminary plat of Walnut Ridge Parts 9-10, a 13-1ot residential subdivision located on Kennedy Parkway. Ehrhardt seconded the motion. Bovbjerg commented on how we have learned over time that there is a need for sensitive areas overlays. She said Parts 9 and 10 of Walnut Ridge should be rethought; Lots 97, 98, 99 should be dropped from the plan. Planning and Zoning Commission Minutes March 15, 2001 Page 5 Chair found nothing wrong with the request; the trees in question are so few in number. He agrees that reducing the setback from forty feet to thirty feet would be out of character in the context of the rest of the subdivision. Shannon said he would approve contingent on a tree replacement plan. The motion carried on a vote of 5-0. Public hearin~l on an amendment to the Comprehensive Plan to include the North District Plan. Karen Howard said Staff had nothing further to add from last time, as they had received no additional correspondence regarding the Plan. Chait asked if a public hearing could take place with no one from the public present. Bovbjerg said that legally this is a public meeting and that we had received comments from the public at previous meetings, Behr confirmed this. Howard asked if the Commission wanted to discuss the amendments attached to the North District Plan. Bovbjerg and others indicated that they would be prepared to vote without further discussion, MOTION: Ehrhardt moved to approve and send on to the City Council the amendment to the Comprehensive Plan to include the North District Plan as amended. Schintler seconded the motion. Bovbjerg asked for discussion, There was none, The motion carried on a vote of 5-0. Bovbjerg asked when Council would set public hearing on the amendment. Miklo said it would probably be April 17, 2001. Consideration of minutes of February 15 and March 1. MOTION: Shannon moved to approve the minutes of February 15 and March '1. Schintler seconded the motion. The motion cartled on a vote of 5-0. Bovbjerg asked if there was any ether business. MOTION: Ehrhardt moved to adjourn. Chait seconded the motion. Ehrhardt asked what motivates the order of treatment for district plans. Miklo said the Commission and Council determined the order a few years ago. The order could be revisited if the Commission wished to do so. Ehrhardt asked which district Harlocke Street is in. Miklo said it is in the Southwest District. Bovbjerg asked which district Staff was currently working on. Miklo said after the North District was wrapped up they would begin on the Central Planning District Planning and Zoning Commission Minutes March 15, 2001 Page 6 Meetincl adiourned. Dean Shannon, Secretary Minutes submitted by John Adam. ppdadm~n/men/p&z3-15~)1 doc 04-17-01 MINUTES """' ' 4b(9) P NN,NG AND ZON,NG COMM,SS,ONPRELIMINARY APRIL 5, 2001 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS Subject to Approval MEMBERS PRESENT: Ann Bovbjerg, Jerry Hansen, Pam Ehrhardt, Dean Shannon, Benjamin Chair, Marilyn Schintler, Don Anciaux MEMBERS ABSENT: None STAFF PRESENT: Mitch Behr, Bob Miklo OTHERS PRESENT: Glenn Siders, Mike Pugh, Gary Watts RECOMMENDATIONS TO COUNCIL: Recommended by a vote of 6-1, to approve REZ01-0003/SUB01-0004, an application from Southgate Development for an amended Sensitive Areas Overlay plan and a preliminary plat of Walnut Ridge Parts 9-10, a 13-lot residential subdivision located on Kennedy Parkway. Recommended approval. by a vote of 7-0, to approve SUB01-0002, an application submitted by Arlington LC. for a preliminary plat of Stone Bridge Estates Part 1, a 5.05 acre, 15-1ot residential subdivision located north of Court Street and east of Camden Road. CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:36 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg welcomed Don Anciaux, the newest member of the Planning and Zoning Commission. She welcomed Benjamin Chait, whose term was renewed. Bovbjerg announced vacancies for the Civil Service Commission, Board of Review, Housing and Community Commission and Historic Preservation Commission. She said the Historic Preservation Commission needs someone from Brown Street. REZONING ITEM: REZ01-0003/SUB01-0004. Discussion of an application from Southgate Development for an amended Sensitive Areas Overlay plan and a preliminary plat of Walnut Ridge Parts 9-10, a 13-1ot residential subdivision located on Kennedy Parkway. Miklo said the application is for development in the north end of Walnut Ridge. He said the applicant is requesting that the tree protection buffer line and conservation easement be reduced on Lots 93, 97, 98 and 99. He said this may not result in immediate removal of trees but the grading could damage the root system of existing trees and result in their death. He said at the time the staff report was written, staff felt that the applicant had not justified a reason to reduce the buffer or the removal of more trees. Hansen asked about the history of the tree replacement and why they had to be replaced. Miklo said the Sensitive Areas Ordinance specifies that for a property in the RR-1 zone, with a woodland area, you are allowed to remove 30% of existing trees. If you remove more than that you are required to replace those trees at 1 tree for every 200 square feet. In this case, there was tree removal and some grading work done before an application was made to the City. That violation was resolved with the Planning and Zoning Commission Minutes April 5, 2001 Page 2 approval of a tree replacement plan last year. This is an amendment to that. He said if the Commission approves this and allows more trees to be removed, the City Forester has approved the applicant's plan. The City Forester is not making a recommendation that this is a good idea or bad idea. Hansen asked what the setback is on the lots. Miklo said the required setback is 20 feet but it is his understanding that there is a gentlemen's agreement that throughout the development the setback will be 40 feet given the size of the structures and the size of the lots. Hansen clarified that the trees were removed before a plan was submitted. Miklo said that was correct. Anciaux asked with a 40-foot setback, how close the dwellings would be to the trees. Miklo said it varies and the applicant could address that. Bovbjerg asked if with the topography if there is allowance for septic system and field. Miklo said these are on City sewer. Public discussion open: Glenn Siders, PO Box 1907, Iowa City, Iowa, said he is with Southgate Development and they are the applicants for this request. He said the only reason they are there is because they misunderstood the way the buffer line was going to be interpreted when this plat was approved the first time. Had they understood how the buffer line was going to be interpreted, they would have proposed the location of the buffer line where they are proposing it now and probably would have had it passed at that time. He said they are requesting the buffer line be moved back in a few areas; on Lots 97, 98, 99 and 93. He said 93 will be difficult because of the topography but they feel with the buffer line reduction there is an application for a home to be built on that lot. He said Lots 97, 98 and 99 are developable lots and are highly desirable lots to be built upon. He said they took an average of 10 homes that exist in Walnut Ridge and the average depth of the homes is 66~ feet. They request a 40-foot setback and have done so since day one with the other 79 lots. He said they did that at the encouragement of the City and you wouldn't want to reduce that setback because of the magnitude of the structures. He said this de.velopment was created at the request of the City because people were developing one- acre lots in the County and the City wanted one-acre lots in the City. They started out that they were going to have rural design standards. Those got put aside and they now have storm sewers, City sanitary systems and City water systems. He said there would be no more grading beyond the buffer line that now exists with the exception of the grading that would have to be done for a proposed structure to be set on those sites. The site grading for the whole development is what was proposed in the past and they don't anticipate changing that site grading. They are not asking that the consen/ation easement line be changed. They are not even asking the City to cut down more trees. He said he would sign in the developer's agreement that Southgate would not cut down any more trees. The only trees that will be removed would be to set a home back into the trees. He said by moving the buffer line back it would allow these structures to be consistent with what is in the development. He said they have made some compromises. They have reduced these lots down as small as they can be and still have them be one-acre in size. He said he would argue strongly that you do not want the lots to be less than an acre. When you have 100 lots, you do not want 97 of them to be an acre and 3 of them to be less than an acre. Planning and Zoning Commission Minutes April 5, 2001 Page 3 He said the staff report suggests that they move the street further south. He said you cannot do that without reducing Lots 96 and 95 to less than one acre in size. He said they have reduced the cuPde-sac from 75-foot radius to 60-foot radius. He said if they reduce that to 50 feet, you could have no landscaping in the center of the cul-de-sac. They want to maintain landscaping in the center of the cuPde- sac just like every other cul-de-sac out there. He said the only thing they are asking is to build a house and potentially go back to the new buffer line. The only tree removal would be done by the house builder or the owner of that lot. He said originally they mitigated trees for the 30% that was removed. He said the number of trees they were to replace was 60. They have proposed a new mitigation plan and the City Forester has approved the new landscaping plan and they have added 21 additional trees. That is way more than would be required for any trees that would be removed. They have replaced trees at a greater ratio than what the City requires. He said they have heard comments that Southgate should be resigned to the fact that these lots are undevelopable. He said that is why there is a mitigation ordinance. He said the Sensitive Areas Ordinance came along long after this area was started. He said they have compromised by moving the line forward 10 feet on those lots which would not allow the average size house in the development to be on those lots. He said he doesn't think you want to allow a double-wide modular on those lots because it doesn't keep in harmony with this development. Ehrhardt suggested having one less lot and make the other lots bigger. Siders said the average depth of the homes is 66¼ feet deep. They need the depth, not the width. Ehrhardt said average means there is a small and a large so why not have a smaller house on those lots. Siders said the smallest house he drew his average from was 60 feet deep and they have a swimming pool in the backyard beyond the 60 feet. Ehrhardt asked if when he talked about a constraint, that is a financial constraint to Siders. Siders said it is a financial constraint but that is not the only constraint. He said if you have one hundred 110,000 square foot lots, it's unreasonable to ask someone to come in with four 60,000 square foot lots. Ehrhardt asked if the setbacks are a written agreement. Siders said it is not written in the covenants. He said they have allowed reductions in the 40-foot setback to 35 feet, usually because of a steep sloping lot. He said he does not think a 30-foot setback would be appropriate aesthetically. Shannon asked Siders for an estimate of how many trees would be removed. Siders said they might remove 30 trees but a lot of those trees are 2-3 inch caliper. He said they aren't talking about 4-foot oaks. He said he didn't recall seeing any oaks out there. He said there used to be but about 30 years ago that whole timber was logged out and most of the large, prime hardwood trees were logged out. Schintler asked if it was possible for a builder to come in and put a house next to the trees without removing any trees. Siders said yes it was possible. Schintler said most people are pretty sensitive to trees and would try to save as many as possible. Siders said there is 300-foot wide area of trees well beyond the easement line. Ehrhardt asked if when you grade you might damage the roots and eventually kill the trees. Planning and Zoning Commission Minutes April 5, 2001 Page 4 Siders said yes, that is why they have the 50-foot buffer. That is the assumption made in the ordinance and that assumption is what was mitigated. Hansen asked if Siders said they did not understand the buffer line originally. Siders said yes that as far as the Sensitive Areas Ordinance and their site grading they couldn't do anything beyond the buffer line, but they still understood that you could build a house in the buffer area. Hansen asked if the 60 trees were mitigated because they didn't understand. Siders said no. He said they are still under the 30 percent of trees removed. Miklo said he believed Southgate had removed 30 percent of the trees last year and that is why they had to mitigate. Siders said they are at 29 percent. Miklo said the previously approved tree replacement plan would not have been required if they were below 30 percent. Hansen asked if the depth of this lot goes back to the approved conservation easement line. Siders said the depth goes beyond the conservation easement line. Hansen asked if they are just clearing enough trees to build a house in a niche, why can't the homeowner do that anyway. Miklo said once the Sensitive Areas Plan is approved, you couldn't remove trees without amending that plan. Hansen asked what would stop him once he was in the house. Miklo said it would be a violation of the Sensitive Areas Ordinance. Siders said with the 50 feet between the easement line and the buffer line, it is assumed those trees will die with the grading. He said if you look at the plan, there aren't many trees between the proposed new buffer line and the existing buffer line. Hansen said what he is having trouble with is that some trees were removed illegally in the beginning and now they want to remove more. Chait asked what one has to do with the other, He said they have made remedy for their error:. Siders said in their negotiations with the City they were under the impression they could still build a house beyond the buffer line. Chair said as he understands it, they want to take down some trees so they can more easily build a house in the trees and any trees they remove they will replace in kind. Siders said over and above, yes. Chait said to allow that house be built with ease of construction, they want to remove those trees, replace those trees and have a house not 30 feet from the street, but 40 or 45 feet from the street and have that house be in the trees and when they are done they will have houses that are more organically set in the trees and have more trees than are there today. Siders said on Lot 97 there are no trees in the new buffer line; the existing trees are well beyond that buffer line. They just want to move the buffer line so they can set the house back in the trees. He said they have mitigated for the area where there are no trees. Planning and Zoning Commission Minutes April 5, 2001 Page 5 Chair clarified that whether there are trees or no trees involved, they need permission to move that buffer line. Siders said yes. Ehrhardt asked Miklo to comment on Siders statement that had this been in the original plan it would have been approved. Miklo said that would have been up to the Commission and City Council. Miklo said he hesitates to speculate on that. Ehrhardt asked if the mitigated trees go on the lots or in the right-of-ways. Siders said according to the ordinance, they are preferred in the right-of-ways. Some trees will be on private lots but the majority will be in common areas and right-of-ways. Hansen asked if they approve this, are they are setting precedence. Miklo said no because they approve Sensitive Areas Plans on a case-by-case basis and approving this doesn't mean you'll something similar next time. Behr said they would not be setting precedence in that each property is unique. Bovbjerg said she does not know if the areas they want to go into have steep slopes or any other geological problem. She said her idea is that by not going into the buffer you do not risk damaging the trees that must be protected. She said she does not know what extent of damage there will be by going into that buffer. Siders said there are no steep slopes. He said there is some sloping well beyond the conservation easement line. Bovbjerg asked if their anticipation if they get the allowance to site a house that there will be damage to the trees in the conservation easement. Siders said no. He believes that is the assumption made by the ordinance. He said the severity of the grading right along that conservation easement line is very minimal. He said the City Forester felt there were very few trees that wouldn't survive between the buffer and the easement because of the minimal disturbance. Bovbjerg asked Siders if as a potential grader he is saying that going into the yellow-hatched areas shown on the map are necessary for the house .but will probably not disturb the conservation easement area. Siders said they cannot disturb the conservation area so he will guarantee that is correct. Bovbjerg asked who does the grading and where the assurance comes from. Siders said Southgate does the grading to prepare the site. Once they sell the house, it is beyond their control. He said it will be noted when they sell that property, where the buffer line and the easement line is that you cannot encroach upon, Bovbjerg asked what power does Southgate have over an individual builder to make sure they don't go beyond those lines. Siders said they have no control. Miklo said since this is a Sensitive Area, when the building permits are issued, the inspector would look at it very closely. He said they can require fencing be put up at the edge of the buffer. Planning and Zoning Commission Minutes April 5, 2001 Page 6 Siders said he thinks that is already in the papers. Bovbjerg said so there would be some barrier. Chair said that if no one is responsible for enforcing what the Commission agrees to, whether it is Southgate or the City; they have a different kind of problem. Miklo said the City is responsible for enforcement. Chait said when a builder or buyer has certain rights to a property, it seems it would be up to the developer to define those things and if someone is in violation, then it wouldn't be the developer's responsibility. He said those kinds of things are not relevant to this conversation. He said if there are problems with enforcement then it's a different kind of problem in the system. Behr said enforcement is the same whether the buffer line is where it is now or if it's moved. He said it's binding on whoever buys the lot. Bovbjerg said the Commission should learn from the past and if there are not safeguards and checks, then any kind of change of boundaries or zonings shouldn't be passed by this Commission. She said enforcement and ordinances have to work together and if they don't then it's up to this Commission to make sure things don't fall through the cracks. Chait said he agrees with Bovbjerg but the concerns have nothing to do with the applicant being here tonight or whether they move this or don't move this or whether the applicant even asks. Schintler asked Miklo if a builder asks for a permit they have to have a plot plan. Miklo said the subdivision plan would have the conservation easement marked on it and there will be notes about grading limitations. He said it's all about making sure the inspectors are there at the right times and if there is activity that goes beyond what is permitted, that it be stopped. He said lately the inspection department has been meeting with the grading contractors and goes over the plans. He said he thinks the communication is getting better. Siders said none of the grading has been done. He said they have agreed to put up a fence at the buffer line and they have agreed to meet with Julie Tallman, the inspector, before any grading is done. Hansen asked Siders how much room around the house he needs for equipment. Siders said 15 to 20 feet. Hansen asked if that area would be fenced off. Siders said he doesn't think you can even get into that buffer with 15 feet. He said that already moves the house forward another 15 or 20 feet from the buffer line. He said it takes that 80 feet down to 60 feet plus a 20-foot setback leaves 40 feet. Mike Puqh, 321 East Market Street, Iowa City, Iowa, is an attorney representing Southgate Development. He said Bovbjerg's comments about enforcement of ordinances are well taken. He said you have to have faith in the fact that the City and/or the developer are going to make efforts to enforce those. He said that concern is the same whether the line is where it is now or moved back as is proposed by the applicant. He said Chair hit it on the head when he spoke of the overall affect of what is being proposed. He said it is not a critical slope or wetlands area. He said it is easier to mitigate trees and that's what is contemplated in the ordinance, The ordinance specifically contemplates situations like this by allowing the applicant to come forward and say if in fact trees have to be removed there is a mitigation plan to allow trees to be brought back to the property. The mitigation plan assumes that the worse case scenario is going to happen. Therefore Southgate will plant 82 trees. He said practically speaking, he thinks the fact of the matter is that people are going to buy those lots and not all those trees are going to be lost because people are going to attempt to save them. But Southgate will plant 82 trees regardless of how Planning and Zoning Commission Minutes April 5, 2001 Page 7 He said the staffs opinion of why this shouldn't be done is essentially based on the fact that the applicant hasn't shown that there are site constraints or infrastructure requirements for this area. He said the infrastructure concerns are pretty obvious as Siders pointed out. It's impossible to move Walden Court any further south than it is. In terms of site restrictions, the 40-foot setback which is standard in that subdivision plus the average depth of a 66 ¼ foot house plus the 15 foot grading area behind it gives an average of 121.5 feet from the right of way in that area. He said if the line stays where irs at it is 80 feet from the right-of-way on Lot 98 and 90 feet on Lot 99. The line they are proposing is 110 feet from the right-of-way so the applicant is making somewhat of an accommodation. He said if you look at the overall picture of the subdivision and the average setbacks and the types of houses that are built there, clearly there is a site restriction for these lots based on where that line is. He said one of the suggestions the City makes is to move the houses closer to the street. He said with the size of the house he thinks you'd be better off sticking those houses back into the trees. He said he wanted to remind the Commission that the Sensitive Areas Ordinance is not designed to create public parkland in a residential development. Hansen asked Siders why he couldn't put a 4000 square foot house on that lot rather than a 5,000 square foot house. Siders said you could. Hansen said wouldn't that fit much better. Siders said it depends on how deep it is. Hansen said if you removed 30% of it, it seems like you could configure it to fit. Siders asked if you had a 4000 square foot house that was 100 feet wide, how deep would that be? Siders said on Lot 99, with the existing buffer line, the lot is 80 feet deep. With a 20-foot setback and 15 feet needed to do grading and foundation filling, leaves 45 feet. Hartsen asked if he couldn't build a sellable house that would fit. Siders said they don't have a 40-foot deep house out there. They are all a minimum of well beyond 50 feet deep. Hansen asked if a house that would fit on the current lot would be unsellable. Siders said yes. He said it's an active homeowners group out there and they would be screaming if a smaller house was built in the subdivision. Hartsen asked why would they be screaming. Siders said because you'd see something less than what is in the rest of the neighborhood. Hansen said isn't that the spirit of the whole thing; inclusion and mixture of housing in this town. Siders said not in this development. He said this development was started at the request of the City. They wanted large lots and large houses. He said the word neo-traditional or mixed neighborhood did not exist at the time Walnut Ridge was started. They have this development 80% developed and that is not the time to change concepts. Public discussion closed. MOTION: Chait moved to approve REZ01-0e03/SUB01-0004, an application from Southgate Development for an amended Sensitive Areas Overlay plan and a preliminary plat of Walnut Ridge Parts 9-10, a 13-1ot residential subdivision located on Kennedy Parkway. Shannon seconded the motion. Schintler said she thinks if you buy one of those lots you would try to keep the trees and she has faith they would try to save them and the developer will try to save them. Planning and Zoning Commission Minutes April 5, 2001 Page 8 Shannon said he agrees it would be common sense to save those trees because that's the value of those lots. He likes the tradeoff of getting more trees than what's there now. Ehrhardt said she sees this as an experienced developer who removed some trees and replaced some trees and now they are being asked to allow this developer to remove some more trees and go against the spirit of the Sensitive Ordinance. The allowance for replacing more trees is for when there are site restrictions or infrastructure restrictions that makes it necessary to remove trees. She said the developer has not provided evidence that there are no alternatives such as reducing the number of lots or the size. She said a 30-foot setback is not on the street; it is a wide setback and she will be voting against it. Chait said he takes great pride in being one of seven opinions on this Commission and has respect for each Commissioner's opinion. He said he was going to make a pun. They are not seeing the forest for the trees. He said they have a lot of administration, regulations, ordinances and reviews in the process that work pretty well. In this project, there have been a lot of mistakes made that have been admitted to by Siders and every time that has happened, there has been interaction with staff. He said in developing properly, you don't develop it without changing it. He said it doesn't stay a forest when you stick a house in it. He said they are so concerned with this minutiae and this level of micro-management that they are missing the big picture. They are not getting away with anything or trying to get away with anything. They are here with staff and the Commission trying to negotiate. He hopes they do set a precedence that they are able to work with the builder in a cooperative way and do the job that needs to be done which is to change the environment to allow people to be in it. He said he thinks they want to uphold the context of the project and support this. He said they have demonstrated beyond any doubt that this is a reasonable request. Hansen said he agrees with a lot of what Chait says but he's having a hard time with why this neighborhood couldn't accept a few smaller homes. He said he would go along with this with the stipulation that the property be fenced off so the grading equipment cannot make a mistake. He said if it were critically sloped he would say not but he doesn't see the slopes as a problem. Anciaux said he understands the trees are small callper and it's not critical slopes. He thinks diversification of the replacement trees would be good. Bovbjerg said it bothers her that it's a request for a variance on a buffer, which has a reason for being. She said maybe the minutes would be enough for enforcement of fencing to make sure there is no further encroachment on the buffer. She said with what is in place for regulation and what people want on the lots, she will vote in favor. The motion carried on a vote of 6-1. Ehrhardt voted no. Chair said because of concerns about enforcement that were voiced, can they legally single out one area for more scrutiny.. Miklo said if there is a concern, there is no reason the inspector couldn't pay closer'attention to it. Chait said doesn't that go against uniform standards. Miklo said extra scrutiny couldn't hurt given the reduction in the buffer and the close area of grading. Bovbjerg said it does not imply that inspection hasn't been adequate in the past or that a particular builder needs to be watched, it is simply an alert that this is a special place and a tight place to build. DEVELOPMENT ITEMS: SUB01-0002. Discussion of an application submitted by Arlington L.C. for a preliminary plat of Stone Bridge Estates Part 1, a 5.05 acre, 16-1ot residential subdivision located north of Court Street and east of Camden Road. Miklo said this area was annexed into the city last year with a zoning of RS-5. The rezoning was subject to a Conditional Zoning Agreement, which required future development to be in compliance with the Comprehensive Plan. This concept plan does illustrate the features called for in the Comprehensive Plan. Planning and Zoning Commission Minutes April 5, 2001 Page 9 He said a number of the lots proposed for this subdivision are less than 8,000 square feet, the minimum lot size in the RS-5 zone. The RS-5 zone allows for averaging the lot sizes, with the condition that no lot be less than 7,200 square feet, or more than 15,000 square feet. The proposed plat meets these requirements. This plan does meet the requirements for secondary access. No public open space ks proposed with this subdivision. Miklo said there were a number of deficiencies when this was submitted and they all have been resolved and corrected. Staff recommends approval of this plat. Ehrhardt asked if it is possible to bank open space rather than take the fees. Miklo said what they've done in the past when it's all been under the same ownership, In this case the owner is buying the property in pieces and does not have rights to restrict the area where parkland is desired at this point. Public discussion open: Gary Watts, 4988 Lower West Branch Road, Iowa City, Iowa, said he was available for questions, Ehrhardt said for the concept plan, one of the nice features of the Peninsula is that the streets run along the open space. She asked if that was possible near the creek area in this development. Watts said he would consider that. Bovbjerg said the lots will average 8,000 square feet and she doesn't know how people feel about lots of that size, but lot 7 has a driveway going out on the cross street. She asked if it was possible to go from 9 lots to 8 lots and alter that. Watts said what they are trying to do is 60 feet at the building line. Some are a little larger. He said it's amazing what you can do on a narrower lot if you get creative. Public discussion closed. MOTION: Hansen moved to approve SUB01-O002, an application submitted by Arlington L,C. for a preliminary plat of Stone Bridge Estates Part q, a 5.05 acre, 16-1ot residential subdivision located north of Court Street and east of Camden Road. Schintler seconded the motion. The motion carried on a vote of 7-0. SUB99-0025. Discussion of an application ~ubmitted by the Ethel Cole Estates for a preliminary and final plat of White Barn Estates, a 30.44 acre, 3-lot subdivision located at 4675 American Legion Road. Miklo said the applicant has asked that this be deferred until the April 19, 2001 meeting. Ehrhardt asked if this goes through and a year from now Lot 1 wants to be developed, does the 50% apply. Miklo said what staff is proposing is that the lots other than the one with the house on it be designated as outlots. He said if they proposed developing Lot 1, 50% would be set aside until such time as it is annexed into the City. Public discussion open: There was none. Public discussion closed. Planning and Zoning Commission Minutes April 5, 2001 Page 10 MOTION: Chait moved to defer SUB99-0025, an application submitted by the Ethel Cole Estates for a preliminary and final plat of White Barn Estates, a 30.44 acre, 3-lot subdivision located at 4675 American Legion Road until April t9, 200t. Hansen seconded the motion. The motion carried on a vote of 7-0. Ehrhardt moved to approve the minutes of the March 15, 2001 Planning and Zoning Commission meeting as written. Schintler seconded the motion. The motion carried on a vote of 7 - 0. ADJOURNMENT: The meeting was adjourned at 9:14 p.m. Dean Shannon, Secretary Minutes submitted by Diane Crossett POLICE CITIZENS REVIEW BOARD MINUTES - March 13, 2001 CALL TO ORDER Chair John Watson called the meeting to order at 7:00 P.M. ATTENDANCE Board members present: Paul Hoffey, Loren Horton, and John Watson. Board members absent: Leah Cohen and John Stratton. Staff present: Legal Counsel Catherine Pugh and PCRB Assistant Sandy Bauer. Captain Tom Widmer, Captain Johnson and Sgt. Jackson were also present. CONSENT CALENDAR Motion by Hoffey and seconded by Horton to adopt the Consent Calendar as presented: a. Minutes of 2/13/01 meeting ICPD General Order- Investigative Case Screening Process c. ICPD Use of Force Report - January 2001 d. ICPD Release - Traffic Stop Demographics - January 2001 e. ICPD February Training Report ICPD Training Newsietter g. ICPD Training Bulletin 01-42 h. ICPD Training Bulletin 01 ~43 ICPD Training Bulletin 01-45 ASP Basic Certification Technique Proficiency Checklist ICPD Release - Traffic Stop Demographics - February 2001 |. Correspondence from Metro High School Item #b - General Order on Investigative Case Screening Process, C. Exceptional Circumstances. Watson stated it is unclear who makes the call on an exceptional circumstance. Captain Johnson responded by stating it is primarily the field operations commander, but would generally be a collective decision. Motion carried, 3/0, Cohen and Stratton absent. RECOMMENDATION TO COUNCIL - None ICPD PPP Captain Tom Widmer and Captain Matt Johnson presented to the Board the ICPD Goals and Objectives for 2001. (Widmer distributed a handout, which shows the ICPD Mission Statement and outlining its goals.) Following the presentation, Hoffey questioned whether there is a single departmental printed document, which contains goals and objectives, annually, and revised regularly? Widmer stated it would be a combination of two documents. The actual listing of goals and objectives are handled in a general order. What the department uses to report and state goals for the coming year, and report on what has been accomplished in the past year, is through the department's year-end report. DISCUSSION WITH PROF. DAVID BALDUS Professor David Baldus from the University of Iowa Law School, presented a discussion on the interpretation of the ICPD Traffic Stop Data, and Racial Profiling in Iowa City (what we know about it and what we need to know to understand what is happening). Handouts were distributed, to include Prof. Baldus' curriculum vitae and a document titled "Police Traffic Stop Data, Iowa City, Iowa, 8/1/99 - 4/10/2000." Watson also referenced the general order "Racial Profiling" and Sgt. Sid Jackson's paper titled "Racial Profiling: The Civil Right's Issue of the New Millennium." Professor Baldus introduced Peter Persaud, Assistant Public Defender, who made comments regarding availability of traffic data from the ICPD. A question and answer session followed with Board members and the public. PPP REVIEW Watson stated the issue of Searches needs to be revisited. Further discussion of future topics was deferred to the next meeting. COMMUNITY FORUM The press release, agenda and notice for the community forum were finalized and approved. Watson reported on his conversation with Chief Winkelhake, stating that Captain Johnson could take questions from the public relating to community policing following his presentation. The Board directed staff to put a copy of the press release and notice in the council meeting packets. NEW BUSINESS Board attendance at community functions The Board discussed attendance at community functions when more than a quorum would be attending. Legal Counsel stated meetings do not include a gathering of members for purely ministerial or social purposes when 2 there is no discussion of business or policy. However, in an effort to avoid the appearance of impropriety, she suggested that, if a quorum of members intended to attend a public function, a meeting be called. She also advised that board members attending a community function should not sit together. OLD BUSINESS Chair directed staff to include a copy of the PCRB Goals in the next meeting packet. Pugh reported she was interviewed for the PCRB videotape. Bauer reported that Bob Hardy is having difficulties in getting people to consent to be part of the videotape. Therefore the completion date may need to be extended. PUBLIC DISCUSSION None MEETING SCHEDULE · Regular Meeting April 10, 2001 · Community Forum April 18, 2001 Regular Meeting May 8, 2001 Chair requested that NACOLE be put on the agenda for the next meeting. Chair also directed staff to distribute the PCRB SOP on Complaints in the next meeting packet; and to put the review of that SOP on the agenda. BOARD INFORMATION Watson: reported telephone contacts from Carol Dieterie and Carol deProsse. STAFF INFORMATION None ADJOURNMENT Motion for adjournment by Horton and seconded by Hoffey. Motion carried, 3/0, Cohen and Stratton absent. Meeting adjourned at 9:00 P.M. 3 04-17-01 MINUTES 4b(11 ) SENIOR CENTER COMMISSION TUESDAY, FEBRUARY 20, 2001 MEMBERS PRESENT: Lori Benz, Jay Honohan, Joanne Hora, Bill Kelly, Allan Monsanto, Charity Rowley, Deborah Schoenfelder, Jim Schintler, and Carol Thompson MEMBERS ABSENT: None STAFF PRESENT: Linda Kopping, Michelle Buhman, Susan Rogusky, and Julie Seal. GUESTS Jim Aliaire, Emily Bennett, Nancy Cogan, and Robed Welsh CALL TO ORDER Honohan called the meeting to order at 3:00. MINUTES Motion: To approve the January minutes as distributed. The motion carried on a vote of 8-0. Monsanto/Schoenfelder. PUBLIC DISCUSSION None. PARKING FACILITY/SKYVVALK STRATEGIC PLANNING COMMITTEE -Hora The committee plans to meet to discuss fundraising pledge collection efforts and to explore options for recognizing donors to the skywalk fundraising campaign. The plans and specifications for the skywalk were approved by the City Coundl The project cost is approximately $314,000. Construction on the skywalk is scheduled to begin in late March. According to the plans and specifications the project should be completed by June 2001. PARKING PROPOSAL REVIEW - Honohan, Hora, Kopping The Parking Facility/Skywalk Strategic Planning Committee sponsored three public meetings in order to gain participant input regarding the Parking Proposal. As a result of these meetings, the committee modified the proposal. Commissioners reviewed and discussed changes to the parking proposal. Motion: Move to present the Parking Proposal to the Iowa City Council as distributed. Motion carried on a vote of 8-1. SchoenfelderlHora. Kelly opposed. \%senior~MBuhman$%Operations~Commission%minutes2(X)l\Feb20Olminutes.doc MINUTES 2 SENIOR CENTER COMMISSION TUESDAY, FEBRUARY 20, 2001 ACCREDITATION REPORTS - Honohan; Hora; Rogusky The Accreditation Committee accepted all three subcommittees' final reports at the January 25th meeting. The Governance Committee recommended three new committees be created to replace the Council of Elders. The proposed committees would provide several avenues of grass roots input from participants. A description of these committees' roles and responsibilities were discussed. (See attachment) The Council of Elders expressed their interest in keeping the group as it currently stands. Rogusky briefly described the history of the Council of Elders and how the group has changed over recent years. Rogusky stated that in the past year the Council of Elders membership has not been able to find the required number of volunteers to meet the guidelines according to the Council of Elders by-laws. The Commission discussed the proposed changes and will take action on this topic at the March Commission meeting. The Governance Committee also recommended a change in the resolution establishing the Senior Center Commission. The revised resolution would state that no member of the City Council, the Board of Supervisors or in-house agencies, may serve on the Senior Center Commission. Motion: To send a letter of recommendation to the Board of Supervisors and City Council amending the current resolution, which establishes the Senior Center Commission. Motion carTied on a vote of 7-1-1 Rowby/Monsanto. Kelly opposed; Thompson abstained Final recommendation from the Governance Committee is to re-establishing the 28E Agreement Committee. it was the Governance Committee's recommendation that the committee should consist of two members of the Board of Supervisors, two members of the City Council, the Chair of the Senior Center Commission, assistance will be provided by City and County staff. Motion: To re-establish the 28E Agreement committee as proposed by the Governance Committee. Motion carried on a vote of 8-1. RowleylKelly. Thompson opposed. The Commission tabled the discussion related to revising the Senior Center By- laws until the March meeting. SENIOR CENTER UPDATE Operations - Kopping Kopping and C. Buhman, met with a representative from the City Engineering department, Roger Wheat, an engineer from H. R. Green, and a local plumber to investigate the fire sprinkler system in the Assembly Room in order to find the 04/09/2001 ~senior%rnbuhman$',operatior~commission%minutes2Ool ~feb2001 minutes.doc MINUTES 3 SENIOR CENTER COMMISSION TUESDAY, FEBRUARY 20, 2001 cause of the intermittent leak from the system. It was discovered that a poorly sealed vent on the roof of the Center was allowing enough cold air into the building to cause the pipes to freeze. A temporary solution has been implemented and a long-term solution designed. At this point the problem should be resolved. Kopping and C. Buhman met with a representative from the City Engineering department to discuss the wall repairs in Senior Dining's Kitchen. The next step will be to meet with the contractor to obtain clarification on the bid. Benz, Schintler and Hora volunteered to organize the Volunteer Recognition program. Kopping reminded Commissioners of the Senior Center Retreat meeting at the Country Inn Feb. 24, starting at 9AM. The Operational Handbook is up for annual review. There are several proposed changes to the book. Rowley, Schoenfelder, and Kelly volunteered to work on the committee to review the changes. Pro~rams - Seal An update of March programs was presented. A complete listing of programs will be available in the March Post. Volunteers - Rogusky Rogusky reported that the curtain in SCTV has been installed and that their new studio is working well. Rogusky also reported progress on the new databases and the Senior Center Web page. CITY COUNCIL - Honohan Honohan reported on the status of the Parking Proposal and progress made on the Senior Center Accreditation. BOARD OF SUPERVISORS - Hora Hora reported on the status of the Parking Proposal and progress made on the Senior Center Accreditation. COMMISSION DISCUSSION Motion: To adjourn. Motion carded on a vote of 9-0. HoraJKelly, The meeting adjourned at 5:00. 04/09/2001 \~,senior~mbuhman$%operations~commission%minutes2001 ~feb2001 minut6~.doc