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HomeMy WebLinkAbout2001-05-01 Bd Comm minutesIOWA 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 Keitel, 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 Hearinq 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 112/118 Bloomington Street in the Planned High Density Multifamly (PRM) Zone, be approved. The motion was seconded by Paul. Findinqs 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. EXC00-00017. 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 Northside 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 preiudice 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 preiudice 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 preiudice. 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 two different records. The motion was seconded by Paul. Iowa City Board of Adjustment Minutes March 14, 2001 Page 5 The motion carried 4-t. 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 meet' ~2j~,urned at6:01 PM/~ Board Chairperson ,- Board Secretary Minutes Submitted By Neana Saylor ppdadrnlmin/boa03-14-01 doc IOWA CITY HUMAN RIGHTS COMMISSION IOWA CITY CITY COUNCIL CHAMBERS February 27, 2001 MEMBERS PRESENT: Jan Warren, Charlie Major, Ernie Cox, Maureen Howe, Mary Larew, Keri Neblett, Lisa Beckmann, Paul Retish MEMBERS ABSENT: Mettie Thompulos STAFF MEMBERS: Heather Shank, Laz Pittman CALL TO ORDER: 1. APPROVAL OF MiNUTES Cox made a motion to accept the minutes. Motion seconded by Howe. Motion: The Motion was carried by a vote of 8-0. 2. RECOMMENDATIONS TO COUNCIL 3. NEW BUSiNESS Process after conciliation fails Shank explained that a conciliation is where both parties come together with the City Attorney and the HRC team that made the probable cause decision to try to reach a resolution that is acceptable to the parties. If a conciliation fails, the Commission has to decide whether to proceed to public heating or have the complaint dismissed. Shank explained it is relatively rare that a complaint will go to public hearing. Warren explained that a case would appear on the agenda next month cited by its case number. The HRC will consider a motion to go to a closed session so they can discuss details of the case. The investigator will come and discuss the investigative findings. The HRC will then make a motion to either close the case or go to a public heating. Beckman inquired as to whether or not the parties could do anything more if the HRC decided to close the case. Shank explained that there is a chance that they could go to district court if they obtained a fight to sue letter from the Iowa Civil Rights Commission. Designated person to decide whether HRC will co-sponsor prograrn Warren explained there are times when different groups asks the HRC to co- sponsor an event and do not give the HRC very much time to decide. Warren suggested the Commission designate one or more commissioners that could help Shank decide if Warren cannot be reached. Warren made the motion to designate Thompulos since she is vice-chair. Retish seconded the motion. Motion: the motion carried by a vote of 8-0. Warren also made a motion to designate Major. Howe seconded the motion. Motion: The motion carried by a vote of 8-0. Brown bag lunch on Wednesday March 7, 2001. Shank asked members to help out with posters. She explained that Jim de Jung is an expert on the ADA and Universal design. He is coming to speak in the council chambers and will be interviewed for the HRC movie. She explained that an attempt is being made to implement a project to increase housing in Iowa City for persons with disabilities, as there is a shortage of accessible housing. 4. OLD BUSINESS Process-public hearings Warren discussed the memo commissioners received from the City Attorney. She explained that commissioners should not be at the public hearing because they need to be impartial if there is an appeal of the decision. Warren asked Shank if the Commission could read the judge's decision, assuming it is accepted and not appealed. Shank explained that if the judge's decision is appealed by either side, the Commission becomes involved. During an appeal, the Commissioners are provided with the transcripts and all of the evidence that was submitted at the public hearing. Identification of Commissioners, if any, who want to attend the White Privilege Conference in Mt. Vernon on April 19, 2001. Warren asked if anyone is able to go to the conference. Major indicated that he thought he would be able to attend. Beckmann indicated that she would not be able to attend. Larew, Cox, Howe and Neblett indicated they were attending. Thank the Commissioners that worked on the Diversity Day. Warren thanked Cox, Major, Larew and Howe for their work. She inquired about how it went. Howe indicated that it went well and Major said there was a very big crowd. Howe indicated that there were a lot of people taking information about the HRC. Thank Thomopulos for her work on the International Women's Day Panel. Warren indicated she wanted to thank Thomopulos for her participation on the panel. Shank indicated it was a fabulous program and it is currently running on television. Education Forum Retish explained the education program, sponsored by HARRT and the HRC would take place on April 5, from 7:00 to 9:00 p.m. in the public library. The presentation is entitled, "The Human Rights Education Avenue to End Violence and Discrimination in Our Daily Lives". The planners are targeting educators, students, parents and other interested parties. Christy Rudelius-Palmer, Director of the University of Minnesota Human Resource Center, is the keynote speaker. Retish inquired as to whether or not the Iowa City HRC was ever pro-active. Warren indicated that the HRC has been active. Warren used many examples of things the HRC has been and currently is involved in. Warren mentioned the movie on transgender issues that was made by the Commission for employers. Warren inquired as to whether the commissioners felt the HRC should be doing more or doing things differently. Neblett said that, coming from a social work background, she feels that it is important to be pro-active in order to aid in prevention. She said she feels that it would be hard to pick which things to get involved in and believes it would be helpful to devise a system to help prioritize issues. Shank advised starting on things that interest the Commissioners personally. Warren advised looking for a need in the community. Pittman inquired as to whether or not Retish meant the HRC should pick one certain issue and focus on it for a year. Retish said he would like to set priorities and focus on them not just do one shot deals. He said he would like to talk to the police chief and find out what some of the issues are like those on the east side and maybe start there. He suggested talking to other committees and maybe starting some sort of task force. Warren said that she felt the HRC was trying to accomplish what Retish suggested when it started the Diversities Team which included community members and leaders. The purpose was to address community issues. She said there was a lot of excitement in the beginning, but that it was hard to carry things through because involvement seemed to fizzle. Warren thought that the HRC should discuss outreach at the next meeting. Beckman said that she would like more details on the education forum because Thursday she is going to be a panelist in a counseling class through the College of Education. The topic pertains to various sexual orientations and the audience is high school councilors. Shank gave her a copy of the agenda for the forum. 5. REPORTS OF COMMISSIONERS Howe said that Mathew Shepard's mother is going to be presenting at Kirkwood Community College in Cedar Rapids at 11 a.m. tomorrow. The contact person is Bridget Malone. Howe also reported that the City Council in Cedar Falls voted not to include sexual orientation in its human rights ordinance. Cox stated he was surprised by how resoundingly it didn't pass. Only one of seven councilors dissented. He explained that the councilors who voted against it felt that there were enough laws to protect people who were discriminated against based on their sexual orientation. He stated that he felt that it warranted some sort of response from the commission. Cox said that at Diversity Day he spoke at length with Gretchen Price the chairperson for the Ottumwa Human Rights Commission. He said that the Ottumwa Commission does not have enforcement power but it is involved in advocacy work. The Commission refers cases to the ICRC or appropriate local authorities. Cox said Ms. Price told him the Ottumwa City Council would not address the issue of sexual orientation discrimination. Warren suggested writing a letter. Howe supported this idea. She also thought the HRC should write a letter to the Cedar Fails City Council. The Commission agreed in a vote of 8-0. Beckmann mentioned there is a woman's conference entitled, Beyond Rubies on March 16 & 17 at Kirkwood Community College. Dr. Christine Grant is the keynote speaker. Major reported that a student in Boulder, CO engaged in a science project in which selected audiences were asked to indicate which doll, out of two, was the most attractive. One of the dolls was Black. The other doll was White. The student alternated the clothing on the dolls. One of the dolls would be dressed up while the other was dressed in plain clothes and vice versa. The fifth grader found that most of classmates liked the white doll better than the black doll even when it was dressed up. This girl was going to discuss this at the science fair but she was not allowed to it because it violated an anti-discrimination policy. Even though she was pushing it as scientific, she was not allowed to present it. Major found this interesting because there was a similar major scientific study of a similar nature. The student was replicating a study and was not aware of this. Despite this information the student was not allowed to present the project at the science fair. Major mentioned Eleanor was asked to do research on whether Iowa City could ask businesses contracting with the City to provide benefits to domestic partners. In San Francisco the City will not contract with any business that does not provide benefits to domestic partners. Major said the Commission has been waiting on this about a year. Shank said the legal department is not avoiding the issue, it is waiting for a decision from the 9th Circuit on this issue. Larew discussed an article about the courts denying an injured employee the right to file a lawsuit against their employer in connection with a job-related injury. Larew thinks the decision is appalling. Neblett said WRAC is providing, a workshop to assist grassroots organizations in developing direct action to advocate for a cause. The program is $25. Warren discussed the English only bill that is progressing at the state level. It passed in committee and is now on it's way to full vote in the House and Senate. Brent Severs in the house has a website where he frequently does public opinion polls and he had one on this. Warren asked members to cast their vote and said the last she checked, the majority of people were against it. She said it didn't seemed to make much difference. She said this is incredibly scary and she thinks it's awful. She said proponents of the bill said it would be a unifier and would encourage people to learn English. Warren said she didn't agree the bill should be passed. Warren inquired to as to whether or not the HRC would like to address this. Retish said he feels this is a key issue. Warren said she would look into the steps the HRC can take. 6. STATUS 'OF CASES Shank said that there were cases closed and morn were being worked on. 7. ADJOURNMENT The meeting was adjourned at 8:26 by unanimous vote. IOWA CITY HUMAN RIGHTS COMMISSION IOWA CITY CITY COUNCIL CHAMBERS March 27, 2001 MEMBERS PRESENT: Jan Warren, Charfie Major, Emie Cox, Maureen Howe, Mary Larew, Keti Neblett, Lisa Beckmann, Paul Retish MEMBERS ABSENT: Mettie Thompulos STAFF MEMBERS: Laz Pittman, Anne Burnside, Eleanor Dilkes CALL TO ORDER: 1. APPROVAL OF MINUTES Howe mentioned that statements on pages one and four were attributed to Howe erroneously. Beckmann chrified that those had been her comments and not Howe's. Larew mentioned that she had also volunteered at Diversity Day but her name had been omitted in page two. Cox made a motion to accept the minutes as amended. Motion seconded byNeblert. Motion: The Motion was carried by a vote of 8-0. 2. RECOMMENDATIONS TO COUNCIL- None 3. CONSIDER AMOTION TO ADJOURN TO CLOSED SESSION 4. CONSIDER A MOTION TO VOTE TO ISSUE AND CAUSE TO BE SERVED A WRITTEN NOTICE TO THE PARTIES IN CASE NO. 11-23- 9831-HRO Sec. 2-4-6. Warren read from the Human Rights Ordinance, to "Consider a motion to adjoum to closed session based on Sec. 21.5(1)(a) of the Cas/e eflova to review or discuss records which are required or authorized by state or federal law to be kept confidential and pursuant to Chapter 216 of the Iova Code and Sec. 2-2-4 of the Iot~ CityMuraZipal Code which requires that complaints of discrimination, reports of investigations, statements and other documents or records obtained in the investigations, shah be closed records unless public heating is held. MOTION: Howe made a motion to move into close session. Cox seconded the motion. There was a voice vote to approve the motion. The motion was approved 8-0 with one Commissioner absent. 5. After discussing Iowa City Human Rights case no. 11-23-9831 in close session, Warren read from the Human Rights Ordinance, ~is there a motion that the commission shah issue and cause to be served a written notice which will: 1. Specify the charges in the complaint, as they have been amended. And 2. Require the respondent to answer the charges of the comphint at a hearing before the Commission, or a person designated by the Commission to conduct the hearing." MOTION: Howe made a motion to approve public hearing. Neblett seconded the motion. There was a voice vote to approve the motion. The motion was approved 8-0 with one Commissioner absent. 6. NEW BUSINESS Warren suggested that the topic of proamw cutre/da be postponed until the April meeting. However, in the meantime, the Commissioners should be provided a list of the activities the Commission has been involved in for the last three years and/or up to the time when the Commission did the race forums. The Commissioners agreed. 7. OLD BUSINESS Larew, Cox, Neblett, Major and Howe are going to the White Privilege Conference in Mount Vemon. All will ride in Cox's van. Warren said that people in the community that were aware of the progress of the English Only bill had advised her that anyone interested in opposing this bill should contact the house of representatives. Warren also mentioned she had not prepared the letter to the Cedar Falls City Council because she had not had enough information to compose the letter, however, she has been able to obtain articles that better inform her of the situation and will be vniting the letter. 8. REPORTS OF COMMISSIONERS Warren mentioned that she had attended the University of Iowa's Celebration for Excellence and Achievement Among Women's conference annually held by the university. She said Susan Beckett had received an award. Larew commented on an article that had appeared in the newspaper critizicing another article that had included a photograph of an Afro-American who had been involved in a fight. Larew said the article criticized that the newspaper had included the picture of the individual involved in the fight because the person was Afro-American. Retish announced that the University of Iowa is holding a meeting on April 5~, 2001 in Des Moines concerning the topic of immigration to the state of Iowa. Govemor Vilsak is scheduled to speak. Anyone can attend. No tickets or reservations required. Beckman mentioned she had come across an article concerning Native American's protest about Native American symbols and/or individuals being used to commercialize goods. For instance, she noted that she recently found out that to Native Americans Crazy Horse is revered much more than just a warrior. Major mentioned that he heard that an anti-English only rally is being held at the steps of the state house. 2 Neblett mentioned that on April 10% 2001 a meeting was going to be held concerning the issue of the school system not vanring to permit the Boy Scouts to conduct meetings on its premises. Warren was wondering whether the Commission should take a position on this topic and make it known. The Commission agreed that the Boy Scouts issue should be something that should be in the next agenda. Howe shared that she had information on new laws concerning illegal immigrants. Also, that a crisis intervention team had been created in Memphis to train a group of police officers on how to deescalate situations where they respond to ctisisses involv'mg the mentally ill. She believes this may be a call for another way to respond to those situations. 9. STATUS OF CASES Pittman said cases were progressing. Several summaries were going to be going to Eleanor soon, and she was working on taking in two more complaints. 10. ADJOURNMENT The meeting was adjourned at 8:35 MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES 3~~.i~1~ REGULAR MEETING - March 29, 2001 THURSDAY, - 5:00 PM - Meeting Room A Members Present: Winston Barclay, Linda Dellsperger, Mary McMurray, Shaner Magalh~es, Mark Martin, Lisa Parker, Jim Swaim, Jesse Singerman Staff Present: Barb Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green, Heidi Lauritzen, Kara Logsden, Martha Lubaroff, Liz Nichols, Others: Mike McWilliams, DI Reporter, Joe Hubert, Architect, Nicole Woods, Designer, Engberg Anderson Architects CALL TO ORDER: President Martin called the meeting to order at 5:00 p.m. Public Discussion APPROVAL OF MINUTES: Magalh~es moved and Swaim seconded that the minutes of the regular meeting of February 22, 2001 be approved. The motion passed unanimously. UNFINISHED BUSINESS Building Project - Architect Joe Huberty & Interior Designer Nicole Woods brought the Board up to date on the design process. They have been refining the interior layout of the building, looking at public service desks, and drawing elevations to show walls, doors, windows, millwork, etc. They are refining the shape of the checkout and registration desks. They are looking at colors and forms that recapture the exterior of the building to use on the public service desks-bringing in the metal exterior pieces to use for signage, using maple on the public services desks and self-checkout to mark them as places to get help. They are locating chases to assist with air handling. They have organized the graphics and AV production areas to assist with phasing. They are planning to have some library space finished during the first phase as it will be at the completion, to minimize moving. They will probably locate support services areas in the basement under the new west wing. The Boiler and electrical equipment will permanently be in the basement to accommodate the library during the phasing stage. In answer to a question, this plan will not add square footage or increase cost. It may actually save money for us because phasing is easier, however it does take a portion of space away from future retail space. The location is in the far back corner which would not be very desirable space to rent. Architects are looking into a structural issue that potentially could allow us to eliminate some double columns. Either option will allow an eventual 3rd floor. The trickiest part of the last several months has been working with the exterior. A granite base and Anamosa stone has been chosen along with a finished metal finished. Bricks are going to be a difficult decision due to the variety of colors and textures. Huberty showed the Board a few samples of the brick selection. They will be constructing a mock-up of a building about 4' x 6' to demonstrate how the materials fit and to use as a display for public information. They brought a small model of part of the building that showed the entryway looking into the Circulation area, and self-checkout. ICPL Board of Trustees March 29, 2001 Page 2 Woods has been working on interiors. She is carrying the exterior concepts into the interior of the building. She described the entryway and how they plan to use a combination of tile, carpet tiles and carpet to create a pattern and pathway to lead people to various parts of the library. They are planning to do something different and fun as an entryway to the children's room. She showed the Board various samples of carpet, paint, etc. The carpet will not be entirely the same throughout the building, however they will strive for a unified look; that will be timeless. Huberty and Woods asked for feedback or some general direction from Board members in order to begin to build a color palette. Board agreed that the blues and grays were a good theme. Architects will keep working on expanding the entry model. They will return at monthly intervals to keep the board informed. Huberty said the Children's Room would be done last so it can be compatible with the rest of the building. Decisions and refinements will continue as we proceed. A special meeting for May 10 was scheduled to present the mock-up, larger pieces of material, furniture and finishes. By that date we would hope to sign off on the design development process in order to turn it over to the people who will prepare the construction drawings. Barclay said he has confidence in the people we have hired and unless something unacceptable jumps out, we appreciate the professionals carrying on with the project. NEW BUSINESS Lenoch & Cilek property. The issue had to do with a request from a small businessperson to rent space for quite a bit less than the City had offered. The packet included a copy of a memo from Craig to Steve Atkins updating him about plans for the space and Craig attended a City Council meeting where it was discussed in response to the individual wanting to rent the space. It was discussed briefly and Council advised to proceed as discussed in her memo. Board agreed that the plans Craig laid out in the packet are appropriate. The space formerly occupied by Mind Matters has been offered to the various festivals such as Iowa Arts Festival, Iowa City Jazz Festival and Friday/Saturday night concerts as a means to advertise, store merchandise, etc. The I.C. Police Department will be using space in the former Freshens store to maintain a downtown presence through the summer. We will use the windows of the former Freshens to place copies of the plan, elevations of the building, a time line and give some space to the Foundation. There was interest from Gary Sanders who wanted to lease the space at a very low rent. Craig's response was that it takes a great deal of library and City attorney staff time to negotiate a lease and that the attorney's time gets charged back to the project. She is not comfortable renting it at such a reduced rent for one individual without advertising availability to others. She also has concerns that the area may not be habitable. It would need inspection, etc. All of this would take time for only a couple of months occupancy. While she applauds Sanders's efforts to keep things vital downtown, it is a costly and labor intensive project for such a short interim. Swaim mentioned that there could be some potential one time uses for non-profit organizations and encouraged us to keep an open door for such events. Parker moves that we endorse Craig's memo. McMurray seconded. All voted Yes. Review of Copvriqht Policy Review of Media Policy. These regularly scheduled reviews involved little in the way of change. Dellsperger moved approval of the two policies. Parker seconded. Motion carried. STAFF REPORTS ICPL Board of Trustees March 29, 2001 Page 3 Nichols reported on Stories 2000. It is a literacy project initiated by the First Lady of Iowa with a goal of strengthening communities, families and children through reading, storytelling and libraries. Christie Viisack has raised enough money to give each participating community $250 as seed money. Three Johnson County public libraries, Iowa City, Coralville and North Liberty, and the school district will pool the seed money to be used for the work of holding forums, inventorying various literacy projects in the area, to determine what gaps exist, identify underserved populations and then focus upon a project. A facilitator may be hired for the public forums. The participating libraries and school district will determine how to fund a fairly modest project; perhaps between $5 and $10 thousand dollars. B. State News Craig expects a reduction in Open Access and Enrich Iowa funds. The State Library will have to cut services in order to manage with a reduced budget. Planning Update: This is the time of year when staff begins to look at strategic plans for FY 01, 02 and 03. Craig has directed the staff to focus on things we have started and feel we need to complete over the next year or two and things related to the building project. Some things may be more ambitious then can be done since the referendum passed. Some may be dropped or postponed. A third priority would be what we learn from the users survey we are completing this week. The Development Office report was included in the Board packet. Eckholt reported that he and campaign volunteers have scheduled many personal calls on prospects for the Library capital campaign. The Major Gifts Committee members hope to have their calls wrapped up by April 10. The goal is to have as many commitments as possible secured in time for a May 16 public announcement. Terms of the Foundation's agreement with Hartsook and Associates, our campaign consulting firm, have been renegotiated. Eric Staley will be making one visit per month to Iowa City, instead of two. The contract is in effect through January 2002. City Council will discuss angle parking on Apdl 16 and it will be coupled with a discussion about changing the parking in the Dubuque St Ramp to support short-term parking on the lower level. PRESIDENT'S REPORT Martin named the Director's evaluation committee: Prybil, Parker, Barclay ANNOUNCEMENT FROM MEMBERS None COMMITTEE REPORTS Barclay reported on the meeting concerning the mural painted by alternative high school students currently on the wall of the Lenoch & Click Building. Committee members have accepted tasks and he felt it was moving along well. Dellsperger reported on the recent meeting with the Librarys art advisory committee. This is a committee who will work with Craig and the architect to make decisions about existing art in the library and any future art both in and out of the building. They identified a set of tasks. Dellsperger is the only Board member on the committee and extended an invitation to any Trustee who would like to join her. COMMUNICATIONS ICPL Board of Trustees March 29, 2001 Page 4 None DISBURSEMENTS Disbursements for March were approved unanimously after a motion by Swaim/Magalh~es SET AGENDA ORDER FOR MEETING Election of officers ADJOURNMENT: Adjourned at 6:30 pm Minutes taken and transcribed by MaRha Lubaroff PLANNING AND ZONING COMMISSION APRIL 19, 2001 -7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Jerry Hansen, Dean Shannon, Benjamin Chait, Marilyn Schintler, Don Anciaux MEMBERS ABSENT: Pare Ehrhardt STAFF PRESENT: Mitch Behr, Bob Miklo OTHERS PRESENT: Larry Schnittjer, Dave Hodge, Jim McCarragher, Joe Leu, Pat Ringham, Karen Parker, Joe Haman RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, REZ01-00007/SUB01-00006, a City initiated application to rezone 24 acres from P, Public to OPDH-5, Planned Development Overlay, and an amended preliminary plat and OPDH plan and a final plat of the Peninsula Neighborhood, First Addition, a 35.99-acre, 73-1ot subdivision located at the west end of Foster Road. Recommended approval, by a vote of 6-0, REZ01-00005, a City initiated application to rezone property located south of Iowa Avenue between Linn and Gilbert Streets (Tower Place) from P, Public to CB-10, Central Business District and to amend the Zoning Code to allow public, municipal parking facilities as a permitted use in the CB-10 zone. Recommended denial, by a vote of 6-0, SUB01-00003, a preliminary plat of Prairie Edge Subdivision, a 5-lot, 5.66-acre subdivision located on the west side of Prairie du Chien road and north of Linder Road. CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg announced vacancies for the Planning and Zoning Commission, Housing and Community Development Commission and Historic Preservation Commission. She said the Historic Preservation Commission needs someone from Brown Street. REZONING ITEMS: REZ01-00007/SUB01-00006. Discussion of a City initiated application to rezone 24 acres from P, Public to OPDH-5, Planned Development Overlay, and an amended preliminary plat and OPDH plan and a final plat of the Peninsula Neighborhood, First Addition, a 35.99-acre, 73~1ot subdivision located at the west end of Foster Road. Miklo gave staff report. He said the original 24 acres included the area on which the Elks Club have an easement for the golf course. Rather than use that area for density the revised plan transfers the 24 acres in the lowlands. Staff recommends approval of the rezoning. Planning and Zoning Commission Minutes April 19, 2001 Page 2 Schintler asked about the use of the outlot. Miklo said both 24-acre sites will eventually be zoned P for Public. Schintler asked why they didn't do that originally. Miklo said the original site was the logical configuration. He said after the Elks objected, the City decided to use the other 24 acres to assure that there is no delay in the building of the Peninsula Neighborhood. Public discussion open: There was none. Public discussion closed. MOTION: Chait moved to approve REZ01-0000718UB01-00006, a City initiated application to rezone 24 acres from P, Public to OPDH-5, Planned Development Overlay, and an amended preliminary plat and OPDH plan and a final plat of the Peninsula Neighborhood, First Addition, a 35.99-acre, 73-1ot subdivision located at the west end of Foster Road. Anciaux seconded the motion. The motion carried on a vote of 6-0. REZ01-00006/SUB01-00005. Discussion of a rezoning application from Arbor Hill Condominiums to amend the OPDH-8, Overlay Planned Development Housing Plan and preliminary plat for Washington Park Addition Part 11 (Arbor Hill) a 2-lot, 8.2-acre subdivision located north of Washington Street on Arbor Hill Circle. Miklo gave staff report. He said this plat ks part of a larger development begun in the 1970s. A portion of the property was subdivided and rezoned last year to allow the development of lots 229 to 234 within the RS-5 zone. The applicant is now proposing to add 16 units to Lot 2 and an additional unit in the existing 6-plex building on Lot 1. The zoning allows 30 units; 16 are being proposed. It is in compliance with the Comprehensive Plan and compatible with the surrounding neighborhood. Staff is recommending approval. Chait clarified that on Lot 1 a unit would not be added to the existing building but would be inside the existing footprint of the building. Miklo said he believed it would be in the basement. Public discussion open: Bovbjerg asked how the storm water will go and who will maintain the basin. Larry Schnittier, 1917 South Gilbert Street, Iowa City, Iowa, said he had been talking with neighbors who are concerned that more water will be thrown on them. He pointed out the route of the storm water on the map and explained it. Chait asked if less water would be going into the existing drainage way than currently goes there. Schnittjer said yes. Bovbjerg asked if neighbors to the east have experienced problems since construction. Planning and Zoning Commission Minutes April 19, 2001 Page 3 Schnittjer said the neighbors related to him that they have experienced more water since construction in the northern part. Bovbjerg asked if those backyards were what he referred to as the swale. Schnittjer said there are two swales; one in the existing backyards and one in the proposed backyards. Anciaux asked about route of water from driveways and streets. Schnittjer pointed out and explained a series of catch water basins leading to the storm water basin. Anciaux asked if Schnittjer thinks there will be less water in the backyards than there is now. Schnittjer said yes when construction is completed. He said during construction there might be more water than they would like but probably not more water than there is now. Anciaux asked the estimated time of completion. Dave Hodqe, Hodfie Construction, said he believes the duration of the project would be two years. He said they would do silt fencing or whatever is necessary to keep water on the property and not on the neighbor's property. He explained the style of the buildings. Shannon asked why they decided to under-build the property. Hodge said he felt this density would sell better with more green space. Anciaux asked the price of the units. Hodge said approximately $190,000 per unit. Bovbjerg asked who takes care of the existing storm water basin on Lot 1. Hodge said a Home Owner's Association would be developed and they would take care of that. Hansen asked the street width of Arbor Hill Circle. Schnittjer said 25 feet and it is a private street. He said hardly anyone parks there now but staff has allowed for parking on one side. Bovbjerg asked if there is space between street and sidewalk. Schnittjer said 6 feet, which is standard. He said he had hoped to have the sidewalk closer to the street so the structure could be closer to the street and further from the neighbors but it is a city requirement. Anciaux asked how far it is from lot line to back of the house on east side. Schnittjer said 42 ¼ feet. Jim McCarraqher, 103 Bowlinq Green Place, said their main concern is the water that will be channeled to the area in their backyard. He said with a good rain they have water build up to a Planning and Zoning Commission Minutes April 19, 2001 Page 4 sizable swale in their backyard. He said this is the beginning of Ralston Creek and it can't handle this amount of water. He said the proposed buildings would be in the swale. He is afraid they'll grade, narrowing the swale, which will increase the velocity. He said they are going to take out about 30 rooted trees, which absorb more water than flat grass. He said they are concerned about the loss of green space. Fewer units are being proposed but they are the same size building. He said when they bought out there, they knew what was planned and there was lots of green space. Hansen asked if there have been complaints about storm water in this area. Miklo said he would check with Public Works. Shannon said Schnittjer said most of the water would go into Lot 1. He asked McCarragher if he thought that wasn't true. McCarragher repeated his concerns about water. Joe Leu, 127 Bowlinq Green Place, said he has live there for 15 years. He said he has a drainage grate in the corner of his yard and that there has been so much water at times that the grate has moved and he has had to fill with dirt. He said the water has increased drastically since development to the north. He said the retention that is there is too far north and doesn't help them at all. Schnittjer again showed the storm water systems in the area on the map. Hansen asked if those were functioning effectively. Schnittjer said he did not know. He said he didn't know if someone had inadvertently modified those. Miklo said Public Works would investigate. Anciaux asked if the City owned the catch basins in the backyards. Miklo said they are on private property. Pat Rinqham, 35 North Westminster Street, spoke of her concerns about water. She said the accumulation is unbelievable. She said her property could not handle any more water. Shannon asked if someone has modified the catch basins, could someone be held accountable. Miklo said since there is an easement, the City can go in and repair them. Karen Parker, 25 North Westminster Street, spoke of her concerns about water that gets within six feet of her back door. She said they cannot handle anymore water. She said there has definitely been an increase in the last four years. Public discussion closed. MOTION: Chait moved to defer REZ01-00006/SUB01-00005, a rezoning application from Arbor Hill Condominiums to amend the OPDH-8, Overlay Planned Development Housing Plan and preliminary plat for Washington Park Addition Part 11 (Arbor Hill) a 2-lot, 8.2- Planning and Zoning Commission Minutes April 19, 2001 Page 5 acre subdivision located north of Washington Street on Arbor Hill Circle. Shannon seconded the motion. Chair said the developer suggested that when this project is done, there would be less water in the backyards than there is now. He said he understands that more water will be diverted with this development. He said it should be looked at not requiring the sidewalk be six feet from the street if it would be better to have the six feet in the backyard. The motion carried on a vote of 6-0. REZ01-00005. Discussion of a City initiated application to rezone property located south of Iowa Avenue between Linn and Gilbert Streets (Tower Place) from P, Public to CB-10, Central Business District and discussion of an amendment of the Zoning Code to allow public, municipal parking facilities as a permitted use in the CB-10 zone. Miklo gave staff report. He said there is a mix of public and private uses and ownership. Public discussion open: There was none. Public discussion closed. MOTION: Chait moved to approve REZ01-00005, a City initiated application to rezone property located south of Iowa Avenue between Linn and Gilbert Streets (Tower Place) from P, Public to CB-~I0, Central Business District and to amend the Zoning Code to allow public, municipal parking facilities as a permitted use in the CB-10 zone. Anciaux seconded the motion. The motion carried on a vote of 6-0. DEVELOPMENT ITEM: SUB01-00003. Discussion of a preliminary plat of Prairie Edge Subdivision, a 5-lot, 5.66-acre subdivision located on the west side of Prairie du Chien road and north of Linder Road. Miklo gave staff report. He said City standards apply to this area. He said the plat does not comply with City standards or with the requirements of the Fringe Area Agreement, which are the main reasons for staff recommending denial. Public discussion open: Joe Haman, 2788 Crov Road, NW, Swisher, Iowa, said he owns farmland north of this. He said there has never been water problems or erosion. He said the drainage of the storm water system would flow through his property. He voiced concern about the type and location of the proposed septic system. He said the design of this development would have a negative effect on his farm property. Public discussion closed. MOTION: Anciaux moved to deny SUB01-00003, a preliminary plat of Prairie Edge Subdivision, a 6-lot, 6.66-acre subdivision located on the west side of Prairie du Chien road and north of Linder Road. Schintler seconded the motion. The motion carried on a vote of 6-0. Planning and Zoning Commission Minutes April 19, 2001 Page 6 Shannon moved to approve the minutes of the April 5, 2001 Planning and Zoning Commission meeting as written, Hartsen seconded the motion. The motion carried on a vote of 6 - 0. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. Dean Shannon, Secretary Minutes submitted by Diane Crossett ppdadm~nlmiNp&z04-20~)l dcc