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HomeMy WebLinkAbout2001-06-26 Bd Comm minutes IOWA CITY HUMAN RIGHTS COMMISSION IOWA CITY CITY COUNCIL CHAMBERS May 22, 2001 MEMBERS PRESENT: Jan Warren, Charlie Major, Mary Larew, Maureen Howe, Keri Neblett, Lisa Beckmann, MEMBERS ABSENT: Mettle Thomopulos, Paul Retish, Ernie Cox STAFF MEMBERS: Heather L. Shank, Laz Pittman, Anne Burnside CALL TO ORDER: Meeting called to order at 7:05 p.m. 2. APPROVAL OF MINUTES Neblett moved to approve the minutes. Larew seconded the motion. Motion carried by a vote of 6-0. 3. RECOMMENDATIONS TO COUNCIL: None 4, CONSIDER MOTION TO ADJOURN TO CLOSED SESSION: Warren stated that the Commission would consider a motion to adjourn to closed session based on §21.5(1 )(a) of the Code of Iowa 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 Iowa Code and §2-2-4 of the Iowa City Municipal Code which requires that complaints of discrimination, reports of investigation, statements and other documents or records obtained in the investigations, shall be closed records unless a public hearing is held. MOTION: Motion by Howe to go into closed meeting. Seconded by Beckmann. Motion carried by voice vote - 6-0 with three Commissioners absent. Commission went into closed session. 5. CONSIDER MOTION TO APPROVE MEDIATION AGREEMENT: After discussing Iowa City Human Rights case, #03-08-0104 in closed session, Warren asked the Commission to consider a motion to approve the mediation agreement reached by the parties. MOTION: Motion by Beckmann and seconded by Howe. Motion carried by voice vote 6-0 6. CONSIDER MOTION TO APPROVE CONFIDENTIALITY CLAUSE: Pursuant to Iowa City Human Rights Ordinance §2-5-4(3) Warren asked the Commission to consider a motion to keep the mediation agreement confidential. MOTION: Motion by Howe to keep confidentiality agreement confidential, seconded by Neblett. Motion carried by voice vote 6-0. 7. LETTER TO COUNCIL: Warren stated there was a great deal of discussion regarding the letter to Council at the April Commission meeting regarding what the Commission wanted to do, if anything, to clarity to the Council and the community the role of the Commission. Warren looked at the letter and the revised letter that was written by Cox. Warren said that she cannot recall whether the letter was going to go to the newspapers. She said that she thinks it should go to the newspapers. Major said that there is interest in his list serve regarding the role of the Commission. Warren said there are three parts to this, the letter to the Council, the potential to take it to the newspapers and then addressing the Council. Warren said that she thought addressing the Council might be overkill if the Council received the letter. Warren did not realize until she received the minutes that the Commission had actually voted on the issue of addressing the Council until she read the minutes. Warren feels like the Commission needs to clarify what it is doing, as there is nothing in the minutes about the letter being sent to Council. Shank stated that the letter was going to Council and the Commission was going to address Council about the letter. Warren then asked about how the Commission felt regarding sending the letter to the press. Neblett stated that it was her impression the press received the letter in the agenda packets for the Council. Warren replied there were many things in the agenda packet so it might be better to send it separately. Warren thought the correspondence should be sent as a letter to the editor. Beckmann asked whether the letter should be given a frame of reference so the press would understand why the letter had been written. Major thought the letter would be part of a press release and a letter that is given to the public as well as the Council. Larew agreed there should be some sentence at the beginning that explains why this letter was written - neutral yet vague. Shank asked for some clarification as to what the Commission wants to do regarding attending the Council meeting. Warren indicated she thought addressing the Council may result in an uncomfortable situation. Beckmann said she viewed things differently after reading the minutes from April's meeting and upon reflection was not sure she would be comfortable having a discussion. In response to Warren's question, Shank indicated that the letter could be put into the packet as part of the agenda under Council correspondence and there is no discussion. Burnside said that a Council member could ask the Commission to come and talk to the Council about the letter. Major said that he was worried because the role of the Commission was in a state of confusion and he thinks that the Commission owes it to its predecessors and the City Council to explain what the Commission will and will not do. Warren asked whether he believed it was the Council as a whole who was confused or only a couple members. Neblett stated that one Councilperson made an incorrect statement about what the Commission could do and none of the other Council members corrected the member in error. Shank said the Commission could discuss the letter during the Council's public hearing. This is not a time when the Council has a discussion with the person addressing the group in public hearing. Burnside stated this is just the time when the Council receives information. If the Commission wants to be on the agenda arrangements have to be made to make sure the Commission is included as an agenda item. Or, the letter with a clarifying statement could just go into the packet. Pittman reminded the Commission that Burnside had said that once the letter is in the packet the Council could chose to talk to the Commission about its concerns. Warren said that the difference would be that the Council would be asking the Commission for more feedback rather than the Commission providing the information that it believes is important for the Council to know. Warren asked Major how he felt about this option and he responded that he would prefer to do it formally in front of the Council with Dilkes or Shank, or with the entire Commission and clarify the Commission's role to everyone. Larew indicated that the Commission's task should be to educate the Council as to the Commission's role. Burnside said that all the letter does is clarify what has been in the 2 Ordinance for 20 years and you are not saying you are doing anything you are not charged to do. After discussion, Major and Larew agreed that the letter to the Council was a way to go. MOTION: Howe made a motion to rescind the motion approved at the April 24, Commission meeting to write a letter and address the City Council at their meeting as soon as possible (agenda item) regarding the role of the Commission under the Human Rights Ordinance. Major seconded the motion. Vote approved 6-0 MOTION: Howe made a motion to submit the letter to the City Council. Major seconded the motion. MOTION: Larew then made a motion to submit the letter with the amendment of a framing sentence such as "In light of recent discussions in previous Council meetings and in the general public believes it may be timely... Beckmann seconded the motion and Major voted no as he wants the word confusion to be in the sentence. It was ultimately decided that the letter would go to the Council and the press with the word "confusion" in the framing sentence. The Council's next meeting is on June 12. 8. BUSNESS Gay Pride Parade is on June 16. The volunteers include Beckmann and Neblett. Warren will call other Commissioners to see if they are available. Shank told Commissioners to be cognizant of the location of the Commission meetings because the Council is have at least three meeting on the nights in which the Commission usually meets. KEYNOTE SPEAKER FOR HUMAN RIGHTS BREAKFAST: It was determined that Phillip Hubbard would be asked to be the keynote. If Dr. Hubbard is unable to accept, the Commission chose two alternatives. Shank will contact Dr. Hubbard as soon as possible. The discussion regarding community outreach is deferred until the next meeting when more Commissioners are present. 9. REPORTS OF COMMISSIONERS Howe mentioned that an Associated Press story of May 11 indicated that the National Council of the Boy Scouts was considering whether to challenge the Iowa City Community School District's new policy prohibiting information in the schools if the group did not comply with the district's equity policy. Howe also reported that Texas Governor signed the Hate Crime Bill. Major said that he received a call from an individual asking for information regarding the names, addresses and phone numbers of Commissioners whose terms had expired. The caller wanted the Commissioners to speak to the School Board regarding the Boy Scout issue. Major also reported that the radio station had "toned down a bit" and the comments on the list serve had toned down a bit but he admitted that it still appeared to be a topic among the citizens and he does not think it is over yet. 3 Larew said mad an article in the newspaper about migrants that had moved into Mason City and it reminded her of and anti-migration ads that were so prevalent in the fall and that the HARRT were against. Last week the Gazette asked Mary to be on a panel. The panelists were asked to provide their opinions both pro and con regarding the actions of the Gazette over the last couple of years. There were 12 panelists. One of Mary's major comments involved the anti-migration advertisements. The ombudsperson at the Gazette said that that issue was the most controversial issue the Gazette has faced in years. Warren said that is Appleton, Wisconsin the same issue regarding the Boy Scouts has come up in schools there. The School Board decided to just prohibit use of the schools by groups. 10. STATUS OF CASES Shank reported that Pittman and Burnside are doing a terrific job investigated the complaints. There were three case opinions that needed to be signed by the Commission teams. A settlement agreement was reached today - case #44. Last Friday there was a mediation agreement and Shank believes the investigative team should be commended. The Public Hearing scheduled for July is in the discovery phase. 11. ADJOURNMENT Meeting adjourned at 8:20 p.m. 4 MINUTES IOWA CITY AIRPORT COMMISSION THURSDAY MAY 10, 2001 - 5:45 P.M. IOWA CITY AIRPORT TERMINAL MEMBERS PRESENT: Rick Mascari, John Ruyle, Mark Anderson, Alan Ellis STAFF PRESENT: Sue Dulek, Ron O'Neil CALL TO ORDER: Chairperson Mascari called the meeting to order at 5:45 p.m. APPROVAL OF MINUTES: The minutes of the April 12, 2001, Commission meeting were approved as submitted. AUTHORIZATION OF EXPENDITURES: Mascari asked about a payment to Streb Construction. O~Neil said it was for two areas of runway repair. Ruyle made a motion to approve the bills. Anderson 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. Aviation Commerce Park 1. Construction - Oqqeil introduced Ross Spitz, the engineer from the Cites Public Works Depamnent in charge of constxuction for the ACP. Spitz said paving would begin on Monday, May 14. Ruppert Road will be closed and construction will begin on the west end of the project. The sewer and storm lines are installed. The channel for storm water is constructed and connected to the Wal-Mart detention pond. After the grading is completed, it should take about two weeks to complete the paving. The target date is mid July of this year. The road will be opened after it is accepted and approved by the Council, The communication lines will be installed after the road is completed. O~leil asked Spitz if there was any type of landscaping plan for the east entrance? Spitz said he did not think there was any specific plan. The only landscaping plan included grading and seeding the lots. O~leil said the out-lots should not be designed as a park for people to be in. The land at the east end of the development was purchased as a safety area for Runway 24 and should not be designed to attract a congregation of people. Spitz said the communication lines will be fiber optic and would be whatever is requested. He will comet the contractor and see what is to be installed. 2. Marketing - O~Neil said that Kay Ireland, from the Public Works Dspamnent, is drawing a conceptual design forthe ACP. This will probably cost several hundred dollars. The design will be used for signage and in marketing brochures. Tracy Overton, from Iowa Realty, presented a pricing list forthe lots. He said he based the list on several factors, including the fact that the property is being leased instead of sold. Overton said he sat in on a meeting of the Economic Development Commirtee. He said there was some talk of covenants that the Council would like to see incorporated into the leases~ ONeil said he sent an e-mail to Mascari and Ellis last week, asking them to contact the City Manager to schedule a meeting with the Economic Development Committee to discuss the agreement or memorandum of understanding for pa3anent of the ACP infrastructure. Mascari said he would contact Steve Arkins tomorrow. Dulek said no leases could be signed until the City Council accepts the final plat. This should be done by mid-summer. Overton said he made some assumptions on the pricing model. He said his pricing model is based on sale price of the land, discounted because the land is being leased~ He said there should be rental increases incorporated into the leases, based on the CPI or some other factors. He said the lease must be attractive enough to overcome the equity that would accrue if the property was purchased. 3. Other issues - Overton said the Commission must approve a real estate disclosure form. Anderson made a motion to direct the chairperson to sign the disclosure agreement. Ruyle seconded the motion and it passed 4 - 0, with Heran being absent. Overton said that the standard lease should be completed, including any restrictive covenants the Commission wants to incorporate. The building restriction line was discussed. Dick Blum, from H.R. Green Company, said the 35' height building line is a guideline and does not restnet structures shorter than that south of the line. The primary surface and the 7/l-transition slope will be the controlling factors. The length of the lease was discussed. O~eil said the important thing to remember is that there needs to be some type of review of the rent on a regular basis. Every five years is an average length of review term that is usually accepted by the FAA. b. Hangar Building K- O~Neil said he recently met with Tom Werderitsch, Tom's attorney, Assistant City Attorney Andy Matthews, and City Engineer Rick Fosse to discuss the water problem with Building K. Dulek recommended not discussing too much detail because of possible litigation on the project. Ellis said this was a project for the Airport Manager to handle and he should bring the results of his negotiations with SWA to the Commission if he has any questions. O~qeil said that, depending on what SWA offered to resolve the problem, there might be an executive session at the next Comxnission meeting. c. FBO services -RFP- O~Neil said he had sent a copy of the draft RFP to the Commission last week. He said that the Commission must decide what services they consider to be mandatory and what they want as optional. The consensus of the Commission was to that retail fueling and mechanic services were mandatory and priority would be given to the companies that could provide the most additional services. O~Neil said the Commission should also decide if there is any space they considered mandatory to rent. The Commission said they would not include any mandatory space in the RFP and will decide it on a case by case situation after they receive responses from the RFPs. d. Building D rehab project- final - O%leil said the project was not completed and this would be on the agenda for June. The contract completion date is May 18. e. Hangar leases # 31 & 33- O~!eil said he had received signed leases from both tenants. Anderson made a motion for resolutions approving leases fur hangars #31 and #33. Ellis seconded the motion. At roll call vote the motion was approved 3 - 0, with Horan being absent and Ruyle abstaining. f. Fuel site - Blum gave an update on the progress of the project. He said most of the concrete was poured and the remaining part of the road to the site should be completed tomorrow. He said the Commission would need to decide on a final location for the remote fueling station. He said the site selected at the last meeting would add about $ 4500 to the project. He said he had discussed this with O~Neil and there was money in the project budget to move the station further west. g. Undergroundtanks-removal-O?qeilsaidacopyofaproposalfromPEStoremovetheold ICFS fuel tanks was in the Commission packet. He said he met with representatives from PES to discuss their bid. O~Neil said he wanted a bid that was complete and expected a turnkey operation. PES assured him that their bid was complete, to include DNR approval for a clean site. It did not include any clean up of contamination if there was any Anderson made a motion to accept the proposal from PES for removing the old fuel tanks. The project would start as soon as the new fuel site was operational. Ellis seconded the motion and it was passed 4 - 0, with Horan being absent. h. Fly Iowa 2001 - Anderson gave a summary report of the events that were scheduled. He said that Coke would be a major sponsor, but would only want Coke products sold during the event. Dulek will check to see if this is allowed. i. Buildings A, B, &C - leases and rent- O~eil said here were several tenants from the north T-hangars that paid their March rent to ICFS. O~Neil said he has asked those tonants to provide him with some proof of payment so he can try to recover the money from I CFS/PS Air. Also included in the Commission packet was a generic lease for the T-hangars. OqNeil said ICFS never had leases with the tenants. O~Neil said the Commission should also discuss the hangar rents at some time. O~Neil suggested that if the Conunission wanted to change the rent, a public hearing should be set to discuss it. Ellis asked th~ the Cedar Rapids rent survey be included in their next packet of infonnaflon. This will be an agenda item at the next meeting. O~Neil said that he was going to standardize invoices and when a tenant gets two months behind in their rent, he will give them their 30-day notice to leave. If the rent is caught up before the end of the 30 days, the notice will be cancelled. CHAIRPERSON'S REPORT: Maseari asked when summer pothole patching would be done? O~eil said they usually get a ton of asphalt at a tune and patch areas. He said this would be done in the near future. Mastart mentioned that Dennis Gordon had an airplane accident in Colorado. Aside from being shaken up a bit, Gordon was o.k. Mascari said he wanted to send his condolences to the John Wilson family. Mr. Wilson died recently. Wilson was a pilot with an airplane based at Iowa City. Mascari said there was notice in the packet that the Manager was going to be taking some vacation time in May. Because of the number of calls he had to take the last time O~Neil was on vacation, Mascari said he was reluctant to take any calls about the Airport. He said he isn~ sure if the Commission members should take any calls. Mascari asked who, other than the Commission, gets a notice when the Manager is on vacation? O'Neil said he puts a notice in the City internal mail to all the divisions and departments that are likely to work with the Airport, such as Streets, City Attorney, Public Works, Fire, etc. Anderson said he thought it was the Commission's responsibility to back up the manager when he is gone. He said the Commission members know the Airport and what needs to be done. Dulek said the confusion last time dealt with the duties of the Commission. The Commission does not have the responsibility for the day to day operation of the Airport. Ellis said that in March, the decisions on how to provide interim services for the overall health of the Airport were Commission decisions and were involved with the big picture of the administration of the Airport. O~Neil said the problem with taking vacation time is that there are only two City staff and if he is gone, there is no one left to make administrative decisions. O~Neil said that Gerry Kaefring, Airport Maintenance Worker, is very competent and can take care of the day to day operations. Oq'qeil said he tries to schedule his vacation so that both he and Gerry are not gone for a period of time at the same time. Mascari asked O~leil if there was a way he could always be contacted when he was on vacation or away for Airport business? O~leil said if he is gone on City business, Kaefring always knows how to contact him. If he is on vacation, he has an answering machine at home and at the office. If he is not out of town, he normally stops in at his office once or twice during the week while he is on vacation to check messages and mail. O2Neil said he has about three weeks of vacation to use or lose in the next seven weeks. Because vacation time is part of the salary package, the Commission suggested looking into paying the Manager for vacation days that he does not have time to use. O~leil said he usually does not plan vacation time during the winter months because he need~ to be available to plow mow. This limits the time available to use vacation hours. O~!eil suggested having a training session for the Cornmission to let them know where keys am, how to file a NOTAM, etc. COMMISSION MEMBERS' REPORTS: Ellis wanted to know if income and expenses could be listed every month. Ruyle said the report in the packet is not a P & L and that would be more information than is necessary. The Commission agreed that the report in the packet should not be changed. Ellis wanted to know if tenants making alterations to their hangars were required to meet City code. O~leil said that is in the hangar leases that the teaants have to have prior approval for permanent improvements to their hangars and that those improvements, if required, had to meet City codes. Anderson asked that the pending projects list be updated. Ellis wanted to talk about his airport business plan. Mascari said he would put it on the next agenda. ADMINISTRATIVE REPORT: O~eil said someone would like to operate out of a hangar and provide mechanic services. Anderson said it would have to meet minimum standards. O'Neil said there is someone that is interested in leasing Building D for a non-aviation use. The consensus of the Commission was that they were not interested in pursuing that proposal The final acceptance forthe Master Plan update will be on the June agenda. Dee Norton will have a group of U of Iowa retirees at the Airport on May 16 Mascan will give an update of Airport issues and O~Neil will give a bus tour of the facilities and projects around the Airport. Norton expects about 50 people. SET NEXT MEETING: The next regular Airport Commission meeting is scheduled for June 14, 2001,at 5:45 p.m. ADJOURNMENT: The meeting was adjourned at 8:05 p.m. Rick Mascari, Chairperson PRELIMINAI' MINUTES "~6-26-01 PLANNING AND ZONING COMMISSION Subject to A.' pro 3b(3) JUNE 7, 2001 - 7:30 P.M. ~ , CIVIC CENTER COUNCIL CHAMBERS ' MEMBERS PRESENT: Ann Bovbjerg, Jerry Hansen, Dean Shannon, Benjamin Chait, Don Anciaux, Pare Ehrhardt MEMBERS ABSENT: None STAFF PRESENT: Mitch Behr, Bob Miklo OTHERS PRESENT: Kirsten Frey, Bob Downer, Diedre Fleener, Larry Luebbert, Dr. Wayne Tegler, Frank Mitros, DiaDne Kaufman, Monica Maloney-Mitros, Glenn Siders, Larry Schnittjer, Greg Muilenburg, Ann Muilenburg, Ted Pacha, Bob Wolf, Keith Carter, Peter Fisher, Gail Reynolds 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 RODe. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg said the vacancies are listed on the bulletin board in the lobby. ANNEXATION/REZQNING ITEMS: ANN99-0003/REZ99-0017. Discussion on an application submitted by Plum Grove Acres, Inc. for an annexation of 26.88 acres and rezoning from Low Density Single Family, RS-5, County Highway Commercial, CH, County Local Commercial, C1 and County Multi-Family, R3A to Community Commercial, CC-2 (10.99 acres) and Medium Density Single Family, RS-8 (21 acres) located at the southwest corner of Scott Boulevard and Rochester Avenue. ANN01-00OI/REZ01-0004, Discussion of an application submitted by Southgate Development Company to annex approximately 95.2 acres of property located north of Court Street, south of Lower West Branch Road, and east of Hummingbird Lane/Scott Park Drive, and to rezone the property from County RS, Suburban Residential, to RS-5, Low Density Single Family Residential (35.08 acres) and RS-8, Medium Density Single Family Residential (60.13 acres). Discussion of annexation of 16.32 acres located on Hummingbird Lane south of Lower West Branch Road. Miklo gave staff report on all three and explained how they were interrelated. For the first application, the City is asking that 50 feet of right of way on Hummingbird Lane be included. The concept plan meets the conditions and policies of the Northeast District Plan. Staff suggests that approval of this be subject to approval of a Conditional Zoning Agreement that would bind development to the concept plan. Development of this property will require the construction of a new sanitary sewer as well as the upgrade of an existing sanitary sewer located to the south along Court Street. Although this project is in the City's Capital Improvements Plan, it is not yet funded. The annexation of the two proposed areas would help the annexation of the Iowa City Care Facility. This would help resolve their pollution problems from the private sewer treatment system. The City is suggesting that the City and developer share the cost of upgrading Lower West Branch Road. The second application is roughly the same as the first in terms of the Comprehensive Plan guidelines for annexation and is consistent with the Northeast District Plan. Both applications meet the requirements of the annexation policy. Both are well within the growth area. They fulfill an identified need without imposing an undue financial burden on the City, Control of development in this area is in the City's best interest. For approval, the City is requiring that sewer easements be dedicated at the time of annexation and before development occurs. Y. Harming and Zoning Commission Minutes June 7, 2001 Page 2 If these two annexations are approved it would create an island of the properties along Hummingbird Lane, which is not allowed by state law. Staff is recommending that including these properties be a condition of annexation. The benefits to these annexed properties would be: fire protection, police protection, water service, sanitary sewer service, garbage and improvement and maintenance of surrounding streets. Taxes would increase but to ease some of this burden, the City Council has the option per State law to transition the property tax increase over a period of not more than five years. The State City Development Board must approve these annexations. Ehrhardt asked about the property south of the Zajicek property and it's zoning. Miklo said it is currently RS-5 and would be changed to CC-2 for the northern part and RS-8 in the lower part. Ehrhardt asked it Miklo thought the Zajicek property would be rezoned to commercial. Miklo said he thought that would be the logical progression. Ehrhardt asked Miklo to provide projected traffic increase for Rochester Avenue, Court Street and Scott Boulevard for the next meeting. Ehrhardt asked about the amount of green space as compared to the Northeast District Plan. Miklo said there is a lot of green space both private and public. He showed it on the map and how similar it is to the Northeast District Plan. Ehrhardt asked when water and sewer would be available for Hummingbird residents. Miklo said it would depend on the pace of development. He said it could be 2, 5 or 10 years. He said because of the urgent need to get the Care Facility on City sewer, the City may pay for the cost up front and be reimbursed by the developers. Bovbjerg asked about sewer route along Rochester while development occurs. Miklo explained the sequence of development and said development of the commercial properties on Rochester could not occur until the trunk sewer is installed. Bovbjerg asked about the City putting a police substation and small fire station in the Northeast area. Miklo said a police substation is not planned. There are plans for a fire station north on Scott Boulevard in the future. Public discussion open: Kirsten Frey, 2011 Rochester Avenue, Iowa City, Iowa, said she represents Plum Grove Acres. She pointed out on the map that the duplex lots are removed. She said the plan is consistent with the three criteria of the Comprehensive Plan and the Northeast District Plan. She said they have agreed to be held to the concept plan and a Conditional Zoning Agreement. She said their p~ans are for a commercial development for the general area, not just the neighborhood. Bob Downer, 122 South Linn Street, Iowa City, Iowa, said he represents the Wavefly Group, which is the owner of the Iowa City Rehabilitation and Health Care Center. He is there to speak in favor of the annexation. He said the sewer lagoon on the subject property is regularly inspected and has been in compliance to this point. He said there are potential difficulties and it would be advantageous to hook on to City sewer. He said if the annexations are acted upon favorably by the Planning and Zoning Commission, the Care Facility will move forward with application for annexation. Bovbjerg asked what the Care Center's obligations are for building sewer lines and cleaning up the lagoon. Downer said as he recollects, there is no obligation for remova~ of the lagoon. He said there would be some cost for construction of sewer. Planning and Zoning Commission Minutes June 7, 2001 Page 3 Chait asked about the Care Center's rights to use the lagoons and whether they can be forced to quit using them. Downer said they could not be cut off from those lagoons if there are no alternatives. Diedre Fleener, 72 Goldfinch Circle, said she has concerns about increased traffic along Scott Boulevard and long-term plans for truck traffic. She asked if it is possible to allocate the 10.88 acres of CC-2 zoning be residential to allow for a buffer for single-family residences across Scott Boulevard. She said they are concerned about having a convenience store that may attract interstate traffic. She asked if there is a way to insure hours of operation. She asked if there could be a footbridge over Scott Boulevard from residential to commercial. Miklo said any use that is considered an auto and truck use, such as a convenience store, would require the approval of the Board of Adjustment. The Board can place conditions of approval such as hours of operation. He said there are plans for a stop light at Scott Boulevard and Rochester Avenue and there would be pedestrian walkways. He does not anticipate a footbridge because they are expensive and have not been successful. He said there are no immediate plans to redirect truck traffic. He said he would have some initial concerns about placing residential between commercial and Scott Boulevard by changing the zoning of 10.88 acres but it is something that could be discussed with the applicant. He said there are standards for lighting with this kind of development. Bovbjerg asked Behr to address the Conditional Zoning Agreement. Behr said a Conditional Zoning Agreement is binding on current and future owners so any plans must meet the Conditional Zoning Agreement. Larry Luebbert, 3269 Rochester Avenue, said he spoke in opposition to this annexation in February 2000. He said the plan has come a long way. He said there is a lot of truck traffic and that it is a very dangerous intersection with truck traffic. He said he thinks they can move forward if they are careful with how commercial it is. Dr. Wayne Teqler, 4643 Herbert Hoover HiqhwaV, said he lives east of the Iowa City Care Center. He said he drilled the well for Joe Zajicek, who is a super neighbor. He helped plan the Care Center. He doesn't want them or his property annexed but is resigned to it happening. He asked about the plan for Scott Boulevard extending to Interstate 80. He said there is a tremendous amount of truck traffic on Herbert Hoover Highway. He said he is extremely concerned about the commercial development not being a 24-hour operation. Frank Mitros, 3710 Humminqbird Lane, said he is concerned about the watershed and how that will be affected when this is developed. Bovbjerg asked if he knew where the water comes from. Mitros said it is hard to know where it is coming from but is concerned about an increase in water. Miklo said development would have to comply with the City storm water management ordinance. He said in many situations there are improvements because water is redirected to storm water management systems. Dianne Kaufman said she doesn't live in the area but she participated in the Northeast District Plan. She said citizens at those meetings had concerns about adequate green space and parks. There had been indications of 3 to 7 acres of centrally located park space. She is concerned about the disturbance of existing natural features and maintenance of wetlands. She said this is about more than houses; it is a way of life. She said she sees a lot of expense for taxpayers and the developer is chipping in very little. She wants to know what the taxpayer is getting back. She would like to see more of the burden be put on the developer. Monica Maloney-Mitros, 3710 Humminqbird Lane, said she has concerns about all three proposals. She is concerned about repetition of commercial such as a convenience store. She said there is a convenience one mile south of here and one mile west. She said they moved to the county because of what it offered. She is concerned about paying taxes weft before sewer service and road upgrades. She asked if there is any recourse for involuntary annexation. She said she would iike to see lower density. The newspaper said there would be 650 units. Planning and Zoning Commission Minutes June 7, 2001 Page 4 Miklo said the numbers in the paper are high because they took the 95 acres and applied the maximum units possible without discounting for the land that would be in streets, parks, and storm water management. Chait asked about a gradual increase of taxes. Miklo said the City Council has the ability to gradually apply the City tax rate over a five-year period. Glenn Siders, PO Box 1907, said he is with Southgate Development. He explained history of agreement to purchase property and the zoning they are requesting. He said there is no way there will be 650 units. They are primarily planning for single-family development. He confirmed that they have agreed to all conditions mentioned in the staff report. Shannon asked if they are aiming for something similar to the Northeast District Plan. Siders said they do not have the town square effect; it is more of the old style lot and block street pattern. Larry Schnittier, 1911 South Gilbert Street, explained the concept plan on the map. Greq Muilenburq, 3736 Humminqbird Lane, said he is very much against annexation. He said the City has very little to offer for a great increase in taxes. He said their taxes would increase to $1,500 per year for very little benefits. He would like to see larger lots abut their lots and see a gradual transition to smaller lots. Ehrhardt asked if he knew when he purchased their home that they were in the growth area. Muilenburg said he didn't expect it this fast. Bovbjerg asked what recourse there is for involuntary annexation. Miklo said they normally do not annex involuntary unless there is a compelling reason to do it. He said this case is compelling to avoid creating an island of properties. He said the Commission could recommend against it, the City Council would have to vote, but ultimately it is up to the State City Development Board. Ann Muilenburq, 3736 Humminqbird Lane, said she is concerned about the sewer and changing the drainage. She said nature wins out in the long run. Ted Pacha, 4640 Lower West Branch Road, Iowa City, Iowa said he has lived there for 18 years and owns 50 acres and has never once heard about the Iowa City growth area. He referred to Muilenburg and asked how he with only one lot could possibly know about it. He said he personally pays the County to keep Lower West Branch Road hard surface and asked if this will have all kinds of driveways off the road he pays for. Bob Wolf, 3732 Humminqbird Lane, said they have lived there since 1974 and really enjoy living in the County. He is concerned with the density of the Southgate property. He would like them to reconsider lower density on the western portion. Miklo explained zoning densities and that the numbers are the maximum allowed. Land typically develops at 65% of the maximum density allowed by the zone due to land set aside for streets, parks, and stormwater management. Keith Carter, 3740 Humminqbird Lane, said he is concerned about the density around them and the incongruous lot sizes that could abut them. He said smaller lot sizes will hurt the appearance, the flow and their investment. Peter Fisher, 3722 Humminqbird Lane, asked if the minimum lot size in RS-5 is a fifth of an acre. Miklo said yes, roughly. He asked about the CC-2 development and that being held to a concept plan. He asked if the same thing applies to the Southgate plan. Miklo said the only thing proposed for the Southgate area at this time is the underlying zoning, not a concept plan. Plannin9 and Zoning Commission Minutes June 7, 2001 Page 5 Fisher said he did not recall Hummingbird Lane residents being asked to participate in the Northeast District Plan. Miklo said letters were sent to all those property owners. Gall Reynolds, 65 Heron Circle, said her biggest concern is the long-term ramifications of commercial development. She sees very little green space in the plan. Fleener said she wanted to put in a plug for her neighbor Mr. Zajicek in light of all the encroaching development. She said he is being encroached upon not vice versa. She would like some consideration be given to him. Kaufman said the attorney spoke of the commercial development as regional. She said her tax dollars have been going to reviving downtown and Sycamore Mall. She is concerned about struggling merchants and would not like to see another regional retail center. Miklo said they would not describe this as regional as the industry refers to regional retail. Frey clarified her definition of regional. She said it would serve the neighborhood, not just the houses immediately surrounding it. Tegler had a question about the flood plain on the map. He asked about the Scott Boulevard dam. Schnittjer explained the water flow and elevations. Bovbjerg said she would like staff to look into the issue. Miklo will ask the City Engineer to address the issue. Public discussion closed. MOTION: Chait moved to defer ANN99-00031REZ99-0017, an application submitted by Plum Grove Acres, Inc. for an annexation of 26.88 acres and rezoning from Low Density Single Family, RS-5, County Highway Commercial, CH, County Local Commercial, C1 and County Multi-Family, R3A to Community Commercial, CC-2 (10.99 acres) and Medium Density Single Family, RS-8 (21 acres) located at the southwest corner of Scott Boulevard and Rochester Avenue. Shannon seconded the motion. The motion carried on a vote of 6-0. MOTION: Chait moved to defer ANN01-0001/REZ01-0004, an application submitted by Southgate Development Company to annex approximately 95.2 acres of property located north of Court Street, south of Lower West Branch Road, and east of Hummingbird Lane/Scott Park Drive, and to rezone the property from County RS, Suburban Residential, to RS-5, Low Density Single Family Residential (35.08 acres) and RS-8, Medium Density Single Family Residential (60.13 acres). Hansen seconded the motion. The motion carried on a vote of 6-0. MOTION: Chait moved to defer annexation of 16.32 acres located on Hummingbird Lane south of Lower West Branch Road. Ehrhardt seconded the motion. The motion carried on a vote of 6-0. Shannon moved to approve the minutes of the May 17, 2001 Planning and Zoning Commission meeting as written. Hansen seconded the motion. The motion carried on a vote of 6 - 0. ADJOURNMENT: The meeting was adjourned at 9:30 p.m. Dean Shannon, Secretary Minutes submitted by Diane Crossett ppdadm~n/m~n/p&z06-07 01 doc MINUTES 06-26-0.1 PUBLIC ART ADVISORY COMMITTEE ~ THURSDAY, MAY 3, 2001 LOBBY CONFERENCE ROOM MEMBERS PRESENT: Betsy Klein, Barbara Camillo, Rick Fosse, Gary Nagle (late), Sandra Hudson MEMBERS ABSENT: Terry Trueblood STAFF PRESENT: Karin Franklin and Marcia Klingaman OTHERS PRESENT: Andy Holck CALL TO ORDER Hudson called the meeting to order at 3:30 PM. CONSIDERATION OF MINUTES The committee considered the minutes from the April 5, 2001, meeting. MOTION: Fosse moved to approve the minutes as submitted with a second by Klein. The motion passed unopposed on a 4-0 vote. Public Discussion of any Item not on the Aqenda None Updates on Current Proiects Iowa Avenue Literary Walk- Franklin shared the final list of authors that will be represented in the Iowa Avenue Walk. She said that the sidewalk has been stamped in the 300 b~ock of Iowa Avenue and the templates are in place. The repeated statements are not Iowa authors but are statements about writing and books. Hudson commented that there was a substantial frequency of the statements. She said she was surprised that the quotes were not from Iowa authors. Fosse concurred, Franklin responded that these quotes were chosen by the artist as a means to provide continuity to the walk. She went on to say that perhaps an article for the paper was in order if there was confusion. Hudson commented that there were few children's authors. Franklin said that there were other places that the quotes may be placed in the future. She went on to say that it might be appropriate for this committee to approach the committee that is part of the Library Board of Trustees. They are discussing the art related to the library. Hudson said that she would like to ensure that children's authors make it in the future. Franklin reminded the committee that the project would come together in October. A dedication ceremony will need to take place and the University is interested in doing a joint dedication. Franklin encouraged the committee to share in this activity. Hudson commented that it would be nice to have the past committee members and the literary committee members in attendance as well. Public Art Advisory Committee Minutes May 3, 2001 Page 2 Seiberlinq Portraits- Holck presented ideas of how to display the Seiberling Podraits. He shared examples of work that he has done. He is developing a system to show two-dimensional artwork in public places. There is an option to have removable art with his design. The installations may be more permanent. The frames are constructed out of Corian, which will work for both inside and outside installations. He had done a complex project for the University of Iowa Foundation. Franklin explained to Holck that there are two portraits of Seiberling and there are others of Iowa City people. The idea was to do a display of a number of the works. Franklin is concerned about security for the pieces. Holck said that there is a bolt that can be used with special bits to ensure security. More work needs to be done related to weather conditions, like condensation, for outside displays. Hudson noted that the photographer, Ina Loewenberg, would not like to have her work silk- screened; however she does do her own darkroom work. Loewenberg did say that she would be willing to consider having Nancy Seiberling done in a silkscreen for display for one outside location. "Ties that Bind" Sculpture- The committee had discussed the distance issue related to this sculpture at the last meeting. Since that time staff had visited with the Sculptors' Guild and the most that they are willing to go to is 100 miles for the limitation on sales. The Guild would not have trouble selling the piece. In the conversation with the Guild, staff conveyed that the City is not willing to concede on the mileage issue. Franklin commented that she understood that the Council felt very strongly about the higher mileage issue, The options would be to go back to previous submittals or another call could be done with the selection process. The library project is a two-year project so there is time to start over. The cost for "Ties that Bind" is $38,000. Hudson noted that there are no Iowa artists except the one who had the kaleidoscope. This could be an opportunity to secure an Iowa artist if the decision was to start over. The committee agreed that with the one hundred mile limit no major city would be in the range. There would be little likelihood of duplication, althot~gh the picc~ cuu~d be purchased privately. There were only a few submissions that had the realistic type art. Fosse noted that this piece did very well in the public viewing and suggested the 100-mile limitation be accepted and the City go forward with acquiring "Ties that Bind." The committee concurred to move ahead with the acquisition. Discussion of the Rotatinq Sculpture Proqram - Proposal by Hudson Hudson had done additional work on the rotating sculpture program by adding a marketing piece. Hudson also suggested that the specifics be given in the call related to the dimensions. She suggested that the date be given to make the submission on or before September 30, 2001. It will also include a list of the items that should be included in the submission. Klein will work with staff on the design element of the brochure. Franklin commented that it would be appropriate to have the brochure available during the dedication of "Tornado". Discussion of Art Components of the Near Southside Transportation Center Franklin reported that the City is still waiting for the approval of the project by the Federal Transit Authority (FTA). Staff is optimistic that the approval will come through in June. Upon approval Franklin would like the artists to begin working with the architect between June and Public Art Advisory Committee Minutes May 3, 2001 Page 3 December. The ad budget for the project is $50,000 with 80% paid by FTA and 20% by City public art funds. Klein suggested that she had a contact from Texas who may be able to suggest some names from the art community from Grinnell to work on the project for the day care center fence. Camillo suggested Kim Hannah who is a painter and sculptor. Franklin reminded the committee that Tom Aprile had made a presentation to the committee and may be a possible candidate. Fosse suggested that the bus canopy might be best left to the architect. Nagle had some ideas related to the canopy. Nagle suggested that canopy could be done architecturally; however he would prefer to see something artistic done with the canopy perhaps in the form of tile on the background. Hudson noted that the tower is very prominent. Nagle then suggested that the glass in the tower could be etched or something that could follow throughout the glass within the tower. Nagle said there are many products on the market. Trueblood was assigned to work on the Daycare Center Fence. Franklin reported on this, Trueblood had some ideas related to having sculptures within the play area. Joyce Carroll, who is on Trueblood's staff, is interested in this project and has worked with local artists. Fosse had ideas related to the parking level signage. He believes that it should be three dimensional and part of a vertically referenced system. The levels should be all interrelated. Franklin said that she would speak to the architect about the bus station aspect of the project. The decision on the artists for the project should be made at the June meeting. Other Business Staff shared books that detail art in urban environments. Pendinq Items The Muller Sculpture project is pending. The committee stated that they need a solid proposal from Muller. Muller has been talking to groups within the community. The committee agreed that firm guidelines for these types of issues need to be set. The committee discussed the vacancy on the committee. One suggested candidate does not live within the city limits so he may not serve on the committee. Hudson suggested that people who do not qualify could serve in an advisory position and not vote. Nagle suggested the Committee make a recommendation to the City Council on future appointments to the Committee. Franklin indicated she would come back to the Committee with the Iogistics on that since there are deadlines for the applications close to the meeting at which the Council makes appointments. ADJOURNMENT MOTION: Nagle moved to adjourn and Fosse seconded the motion. It passed unopposed on a 5-0 vote. The meeting adjourned at 4:55P1~1. Minutes submitted by Le Ann Dunne-Tyson ppddir/min/paacO5-O3h01 doc