HomeMy WebLinkAbout2002-01-08 Bd Comm minutes Animal Services Advisory Board Minutes
October 17, 2001
Iowa City Transit Building
Present: Diana Lundell, Tammara Meester, Jonelle Hankner
Staff: Misha Goodman
Public: Lisa Drahozal-Pooley; Jean Walker
Absent: Michele Brandstatter
OLD BUSINESS
1. Approval of Minutes. The secretary lost last meeting's minutes. We discussed our
recollections about the meeting and recalled that we took no action that required recorded
votes.
2. Yearly Report. Misha provided the yearly report, which the City of Iowa City requires
the Advisory Board to submit. We all agreed to the accomplishments for FY 2000 and
plans for 2001.
3. FAC Report. Jean Walker and Lisa Drahozal-Pooley reported on the Friends event.
Financially it was successful: $550 was earned just through the invitations; $1,112.25 the
day of the event, and $250 in sale oft-shirts. They had about 100-150 people attend and
dog training was the highlight.
Jean talked about her efforts regarding a grant application to MICCIO. Holly has
completed the work on the 501 C3 application. The dog training pilot has ended, but an
additional November session will take place. Mobile adoption has been tabled for now -
may be restarted next year depending on volunteers. The Johnson County Humane
Society will be collaborating with the Friends on promoting Spay Day on February 23.
4. Cold Noses, Warm Hearts Report (CNWH). Elizabeth is moving from Iowa City.
CHWH will be managed from the Animal Care and Adoption Center. There are not many
cats in the system right now and there are 10 homes Misha will work with for placement.
5. Center Statement of Purpose. Misha will email us a suggested statement.
6. Donation Agreement. Jean reviewed a proposed donation agreement. After discussion,
it was determined that the Iowa City Attorney's office would need to review the
agreement. Jean will work with Misha to get it to the city's office.
NEW BUSINESS
1. Children's Museum and Art Museum. Misha reported that the Center will be working
with both these agencies in several ways as they present displays, etc. related to William
Wegman.
2. Supervisors Report. Misha reported that she was going to Crystal Reports class with
the police.
3. Board member reports - There was discussion of the Center's reputation of excellent
adoption rates and the resulting impression by the public that animals are not euthanized
here. There was a resulting discussion of the occasions for euthanasia and numbers of
animals that are euthanized.
There was also a discussion about the impending opening of Petland and the potential of
various Board membcrsfFACF and Human Society contacting the owners.
4. Citizen Comments -- none.
Minutes submitted Dec. 19, 2001
by Secretar~ Diana Lundell
MINUTES
IOWA CITY AIRPORT COMMISSION
THURSDAY NOVEMBER 8~ 2001 - 5:45 P.M.
IOWA CITY AIRPORT TERMINAL
MEMBERS PRESENT: Rick Mascari, Howard Horan, Mark Anderson, Alan Ellis, John Ruyle
STAFF PRESENT: Sue Dulek, Ron O'Neil, David Schoon
CALL TO ORDER:
Chairperson Maseari called the meeting to order at 5:46 p.m
APPROVAL OF MINUTES:
The minutes &the September 13, October 11, October 17, October 23, October 25, and
November 1, 2001, Commission meetings were approved as submitted.
AUTHORIZATION OF EXPENI)ITURES:
Ruyle made a motion to approve the bills. Ellis seconded the motion and the bills were approved
4-0.
PIJBLIC DISCUSSION- 1TEl~ NOT ON AGENDA:
Dean Thomberry said he would like to make some comments eonceming a discussion the
ConUmssion had at their September 13, 2001 meeting. He said he did not think it was the
responsibility and did not think the Commission was qualified to question his health as it relates
to him being a safe pilot. He said he now has a better understanding of what mob mentality is.
He said there were two individuals on the Commission that wanted to send a letter to tho FAA
eoncaming his ability as a pilot. He said the Commission does not have tho fight to single out an
individual and discuss their private life at a Commission m~dng. He said he is onrront with VFR
and IFR certifications. Thomberry said ffthe Commission members have a problem with him. he
would invite them to discuss it with him directly. Ho said he thought many of the comments
made at the meeting were inappropriate and the Commission was out of line.
Dennis Gordon gave an update on the University's simulator project. He said they are moving
equipment in and are going forward with the project. Gordon said three of the exterior steel doors
on building H are rusting out and should be replaced. He said some of the ceiling lights need to
b~ repaired.
Several people from Jet Air were at the meeting. Harold Timmons, the owner of Jet Air, said
they were at the meet'mg in case there were any questions from the Commission and to get an idea
of some of the current airport issues.
ITEMS FOR DISCUSSION/ACTION:
a. Aviation Commerce Park
1. Iowa Realty November report- Tmcy Overton said he thought there was a final dratt for
the lease format. He said he discussed the covenants with Sue Dulek and he would suggest
that these be incorporated in the lease as opposed to a separate document. He said he has
visited w/th the perspective tenant for lot #10. He should have that lease ready to be signed
within the next two weeks. OverWn discussed a couple of other leads and how they were
progressing.
2. Lot #10 lease -Overten said he would like to see the Commission continue the public hearing
and setting a date w/thin the next two weeks to close the hearing and vote on the lease. He
suggested November 29*. Ellis made a motion to continue the public heating until
November 29, at 5:30 p.m. Ruyle seconded the motion and it passed 5 - 0.
3. Other issues -Overton said he is ready to order some permanent lot markers. He will work
with O"Neil on getting them installed. Ellis asked ff Overton is advertising in aviation trade
magaz/nes? Overton said he has been advertising in the traditional real estate publicatiens.
O~leil said he has been working with the City Manager's office and Iowa Cdy Landscaping
to develop the P,/verside Drive entrance to the ACP. He said he needs to determine where
the IDOT tight-of-way is so it can be determined where the entrance sign would go. O~leil
said the entrance s/gn and the screening will be a priority. Ellis asked if ICL was the only
company that could do the project? O~leil said there are other companies in Iowa City. He
said he would also show the plan to the owner of the Alexis Inn for his comments. O~Neil
said the City Manage?s office has been helpful in planning this entrance.
4. Urban renewal and TIF districts -David Schcon, the Economic Development Planner for
the City of Iowa City, presented information on urban development and Tax Increment
Financing districts. Schoon explained several programs designed to assist in economic
development. He said the Council's main goals are to create good paying jobs and to expand
the tax base.
Schoon said the first step is for the Council to designate an area as eligible for TW. Atter that
has been desi~n~ed, each individual project is judged on it's own merits. The improvements
made to the s/to determine the amount of ecanomic enhancement for the project. Schoon said
all of the ~ax levies, (the schools, the County, City, etc.) are affected ifa TIF district is
established.
$choon said there are four areas in Iowa City where TIF is available. Three areas or
companies are curreatly taking advantage oftbe T1F districts. Barry Barash, Eom Iet Air,
asked ifa hotel would be a compatible use for TIF funding? Schoon said that would depend
on the long-term plan for the TIF area. Anderson said the Commission had discussed a motel
or hotel in the ACP.
Several examples were given on how TIF could be used to benefit potential tenants. Mascari
asked Schoon if he thought the Council would be receptive to making this a TIF district?
$chocn said he thought the Council would look favorable on any development that met their
goal of bringing more business to lowa City. $choon said the Commission should list their
criteria for the development of the area and present it to the Council. Mascar/said Overton
and O~Neil could put together a list of goals for the area. Schoon said he would help.
b. Fuel site- Dick Blum, from H.R. Green, said there were several unresolved issues from
Double Check, the fuel tank company. There are problems with the paint. It does not meet
the specifications. He has requested specifications on what paint they used. He said there is
an issue on what kind ora warranty would be included with the paint.
There is also a problem with the remote fuel station, k has not been working properly. The
cabinet for the hose reel is not what was in the original specifications. It does not have doors
on the cabinet and the filters are not easily assessable. Mascafi said repairs should be done
within the next ten days or the Commission should hire someone else and deduct it from the
bill from Double Check.
Blum asked about the software for muki-pricing atthe remote fuel station. He said the
change would cost about $ 2000. The Commission directed Blum to change the so/~ware.
Blum said some airports post direetJons on how to use the pump.
c. Building 1) - renovation - O~/%il said 1OW Aero wanted this item on the agenda to discuss
what they are doing on the interior of the building. O~Neil said the agreement with IOW Aero
required them to get approval of their renovation plan before any work was done. Jim
McCrabb and Ron Duffe, from Iowa Aero, discussed the/r plans for ranovat/ons to the
interior of building D. McCrabb said they power-washed the interior walls of the hangar part
of the building and painted the walls. He said he does not have a bottom line number of what
the painting would cost.
McCrabb said the next project would be to remodel the west office. He said it is rough and
he does not know what it w/Il take to make it hab/table. They will install a new furnace and
air conditioner. Some of the old ductwork will be used. All of the doors seem to be/nterior
doors. This means they are not insulated very well. Tho sliding doors on the east side of the
building need to be insulated. McCrabb said he is looking at different options.
McCrabb said there is someone in Iowa City that would like an air museum at Iowa City.
Dulek said this is not on the agenda and should not be discussed at this time.
O~Neil asked IOW Aero what their timeframe was for completing the renovation? He said
IOW Aero would need W supply the Commission w/th a budget for the project before they
invested any money in renovation. McCrabb said he would supply O~Neil with a general
budget to distribute to the Commission. Ellis said it was his opinion the Commission should
insulate the east door and replace the lights.
0'Nell said the lease starts December 1. He asked 10W Aero when they would be ready to
move into the office? McCmbb said he thought maybe they could be in place January 1.
Mascari confirmed that IOW would give the airport manager a list of improvements and
costs.
d. Airport Zoning Code update- Horan said the Zoning Commission is updating the Zoning
Code and maps. He said the Zoning Commission is going to protect tho maximum amount of
space around the Airport. Blum, from H.R. Green, said there are two sets of lines on the
map. One represents the protected area as described in the Master Plan. The other set of
lines represents a normal area of protection for an airport like Iowa City. He said the Master
Plan is an acceptable but non-conforming layout. Blum said he spoke with Jerry Searle, from
Snyder & Associates on why the non-conforming layout was used. Searle said he thought the
Commission wanted to adopt the lower standard.
Maseari asked what would have to be done to adopt the higher standard? Blum said the
ALP airspace drawing would have to be revised. He said he would recommend the higher
standard. Blum said the current ALP does not reflect a precision approach on Runway 25.
The Commission said they would like to update the ALP to reflect the precision approach.
Blum said this will cost around $ 5000. This would redraw the plan and incorporate the
higher standard for the zoning. Blum will give the Commission a more definite proposal on
the cost to update the ALP. After it is redrawn, it would need to be submitted to the FAA for
approval. O~Neil saidthe FAA onlyhas preliminary plans of the ALP from Snyder. Ithas
not been signed often. O~Neil said the Zoning Commission would like a recommendation
from the Airport Commission. The Airport Commission agreed to send the recommendation
to the Zoning Commission to have a more restrictive area protected than is shown on the
current ALP. Blum will provide the Commission with a proposal for updafmg the ALP. He
said he needs to see how many pages of the 13-page document need to be changed.
The Zoning Commission has set a date of December 19, 2001 for a public hearing. Blum
said it might be a good idea to have an alternate member from the Airport Commission for
the Zoning Comamssion. Horan is the appointment bom the Airport Commission. Ellis
agreed to be the alternate. Dulek will see if there is anything official the Commission needs
to do to have Ellis be the alternate to back up Horan.
e. T-hangar rents- Charles Raney, from hangar #1, discussed his hangar with the Commission.
He said he did not think the rent should be increased. He said his hangar has water in it every
spring. He said there is also a large crack in the partial concrete floor. Raney said he is in
one of the older hangars and there is a problem with birds getting into the hangar. He said
the Airport offered to share tho cost of installing a concrete floor a few years ago but that he
had declined. He said he had not informed the Airport Manager of the problems. He said he
thought it was the responsibility of the FBO to fix things in the hangar.
Mascari asked if Runey would want to move to a different hangar? Raney said he likes it in
hangar #1. He said he would like the Commission to keep the rent the same or reduce it.
Ellis said Raney should make a list of things he would like repaired and send it to O~Neil.
Anderson made a motion for a resolution to increase the hangar rents as listed in the
Commission's packet. Ruyle seconded the motion and at roll call vote, the motion passed 5 -
0. Ellis asked if there was some other City Department that would pour floors in some of the
hangars.
CHAIRPERSON'S REPORT: Mascari said he wanted to thank everyone for their support
while he was deciding whether or not to resign. He said he was here to stay. He said he would
like to see more correspondence with the public to give them an oppo~unity to provide input to
the Commission. Ruyle said that opportunity is available at the public meetings. Maseari
suggested having a subcommittee to meet with the public. Ruyle said a comment card could be
included in the monthly invoices.
Mascari asked why there were different codes for the north and south gates? He said the Police
Department called and said they could not get into the south gate. 0~leil said he got a copy of
the Police report and can nct figure out why the officer wanted m the south gate. The incident
repo~t was about someone in the north ar~a and the code for the no~h area has not been changed
yet. He said he has also gotten reports of squad cars on the taxiways and runways after dark
without their flashing lights on. He said police cars should not be on the runways and taxiways
for any reason unless they have cleared it with someone from the Airport to make sure it is safe to
be out there. The Commission members said the Police Chief or City Manager should be
informed of this.
O~Neil said there are two different codes for security reasons. If an unauthorized person has one
of the codes, they will not have access to the entire field without going bythe Terminal. There is
a better chance of someone secmg them if they have to go by the Terminal Building. Horan said
ho has no trouble remembering two numbers. O~leil said the no~di code would be changed next
month. Tenants in the north buildings will receive the new code with their next invoice.
Mascari asked when the remote fuel pump would work consistently? Ho said he thought Double
Check should be given 30 days notice to get it fixed or the Commission would get it fixed by
someone else and deduct that amount from what is owed to Double Check.
COMMISSION MEMBERS' REPORTS:
Horan said he received a couple of repair complaints about a hangar m Building C. He said the
discussion earlier answered his questions.
Ellis said he would like a sidewalk from the Airport entrance to the Riverside Drive/Highway 1
intersection. O~Ieil will check with the City ~n~inOOr to See what is involved m installing a
sidewalk.
Ellis asked about ARFF training? O~Neil said there were a couple of years that the Commission
budgeted to send a City tiro fighter to ARFF training. Ellis said he would like to bring training to
the area. O~leil said he thought Iowa City was invited to participate m the last ARFF disaster
drill at the Eastern Iowa ALrport. Ellis said he would like to see depmUl~at wide training.
Ellis wanted to know if the Commission should sponsor a hangar renters association? There
could be a newsletter, a monthly picnic, a drawing for flee rent, etc. This should be included in
the business plan that the Commission will be working on in the future.
Ellis asked iftbe FAA is going to require additional security measures? O~Neil said the FAA is
conce~g on the commercial service airpoRs at this time.
Ellis said there is a particular helicopter from Davenport that is a noise problem. He thinks the
helicopter should modify ks route. I"Ie said it flies r~ght over his house and he thinks ~t is very
loud. Mascari asked Ellis if he would call them and request they change their route? Ellis said he
would contact them.
Maseari asked lOW if they would fred a different table for their popcorn machine instead of the
one of the Airport's expensive end tables? McCrabb said he didn~ know who set the machine on
the table.
Pm]de said there was something m the Commission packet about a proposed tower southwest of
the Airport. O~leil said there was an ah-space study cunceming the proposed cell phone tower. It
is an obstruction by 71 feet. He encouraged each Commission member to write a letter, objecting
to the tower. It is in line between the VOR and Runway 36. Blum said it might be in violation of
the County's tall structure ordinance.
Ruyle said if the police cars am on the nmway, they should have their lights on and have an
aviation radio and have enough aviation knowledge to use it.
ADMINISTRATIVE REPORT:
O~Neil said there is a City fund that sponsors events to bring people into the community. He
suggested SERTOMA apply for funds for a small air show at the annual the fly-in.
The samples for the Tier 1 study were taken on October 29. This study was required after ICFS's
underground fuel tanks were removed. An insurance claim was filed.
O~Neil reminded the Commission there is an airspace study being conducted concerning the
proposed cell tower 1.45 miles southwest of the airport. O~Neil said it is an obstruction by 71foet
and suggested the Commission members send letters object'rog to the construction.
A memo was included in the packet explaining some of the rules and regulations associated with
open meetings. It covers the basic rules of open meetings.
The Police Department wanted a security notice sent to all aircraft owners. O~leil sent it out with
last month's invoices.
O~eil said he would be advertising for consultant selection to do an environmental assessment
for the Airport. This is required before any construction projects are staxted. A Section 106 study
and updating the DBE plan will also be included in the scope of services. This can bo reimbursed
frnm the FAA on a 90/10 basis. The Commission will interview sometime in the next couple of
O~eil said the Commission would need to watch their budget much more closely. The predicted
revenue for FY03 will be less than FY02. This will change as soon as some of the lots are leased
in the Aviation Commerce Park, but until then, the Commission will not be able to take on any
new projects without finding a source for funding. The FY02 revenues will need to be revised.
This may affect the FY03 budget. O~Neil said the Commission would have an opportunity to
address the Council sometime in January concerning next years budget.
SET NEXT MEETING:
The next regular Airport Commission meeting is scheduled for December 13, 2001,at 5:45 p.m.
ADJOURNMENT:
The meeting was adjourned at 9:23 p.m.
Rick Mascari, Chairperson
MINUTES
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, NOVEMBER 14, 2001 - 5:00 P.M. FINAL/APPROVED
CIVIC CENTER - COUNCIL CHAMBERS
MEMBERS PRESENT: Mike Paul, Kate Corcoran, Vince Maurer, T.J. Brandt, Dennis
Keitel
MEMBERS ABSENT: None.
STAFF PRESENT: Karen Howard, Sarah Holecek
OTHERS PRESENT: Mary Ann Dennis, Doug Boothroy, Ryan Braun
CALL TO ORDER:
Chairperson Corcoran called the meeting to order at 5:02 P.M.
ROLL CALL:
Paul, Corcoran, Brandt, and Maurer present. Keitel came in at 5:08 p.m.
CONSIDERATION OF THE OCTOBER 10, 2001 BOARD MINUTES:
Motion: Paul moved to approve the October 10, 2001 minutes. Brandt seconded. Motion
carried 4-0.
SPECIAL EXCEPTIONS:
EXC01-00023. Discussion of an application submitted by the Greater Iowa City Housing
Fellowship for a special exception to reduce the parking requirement for a multi-family housing
project in a Sensitive Areas Overlay Residential (OSA-5) Zone at Lot 1, Block 6 in Phase I of the
Peninsula Neighborhood.
Howard presented the location map, showing that this neighborhood is platted but not yet
developed. This project is to be built on an irregular shaped lot. She advised that 13 parking
spaces would fit as the project is designed, and 16 spaces are required by City zoning
requirements. Howard stated that the applicant has submitted an application with the following
grounds for reducing the parking requirements.
1) The Iowa City Housing Authority will retain control over the apartments and maintain the
building as Iow income housing for over 30 years. GICHF submitted that parking
demand is lower for tenants with limited incomes. Howard stated that the Zoning
Ordinance does not recognize income as a factor when determining the minimum
requirements, and therefore, the income status of the tenants in itself may be insufficient
grounds for a parking reduction. However, the applicant sites several other reasons for
the reduction.
2) The building will be designed to be fully accessible and they intend to market the
apartments to those with disabilities or the elderly. She stated the Zoning Ordinance
does recognize a lower demand for that population. GICHF has submitted that they will
commit to at least one of the two-bedroom units and two of the one-bedroom units to an
elderly or disabled household for the life of the project. Staff feels that given the
applicant's evidence of reduced parking demand for this population, reducing the parking
requirement may be warranted.
Iowa City Board of Adjustment Minutes
November 14, 2001
Page 2
3) GICHF submitted that they will maintain a registry of tenants and will control which
parking spaces the tenants will use.
Howard stated that GICHF has proposed two "tandem" parking spaces which would bring the
parking spaces on the lot to 15. She stated that the Zoning Ordinance does not allow counting
these tandem spaces toward the minimum requirement, but given that GICHF will assign
parking spaces in order to avoid vehicle conflicts with the tandem spaces, staff feels it is
reasonable to reduce the parking requirements.
Howard stated that staff feels it is reasonable to reduce the required number of parking spaces
from 16 to 13, provided that the GICHF agrees to rent at least one two-bedroom or two one-
bedroom apartments to elderly or disabled households, and as long as the tandem parking
spaces are assigned in a manner that will prevent vehicle conflicts.
Corcoran questioned whether there are standards to determine elderly or disabled households.
Howard deferred to the applicant.
In response to a question from Keitel, Howard stated that she believes the surrounding
properties are slated for townhouses and multi-family housing development. She stated that the
Board should consider whether the number of parking spaces on the site will be sufficient to
meet the demand for this particular use. She affirmed that there will be no parking allowed in the
alleys, but it will be permitted on the adjacent streets.
Public Hearinq Opened
Mary Ann Dennis introduced herself and stated she would be happy to answer questions. In
response to the question from Corcoran, she stated that a household would be considered an
elderly household if the head of household is 55 years or older. She said that she did not think
there is any regulation requiring physician statements, but if a disabled person needs an
accessible unit, they meet the requirements.
Dennis stated that Greater Iowa City Housing Fellowship (GICHF), which is a non-profit housing
developer in Iowa City. They have been around for about 10 years, and began as a group of
local congregations. She stated they have developed about 95 units of affordable rental housing
in Iowa City and Coralville, and have an affordable home ownership program and administer a
revolving loan fund with Firstar Bank to provide se. curity deposits. She stated that they build, or
buy and rehabilitate houses.
Dennis stated that in this proposed project, GICHF acts as the developer. Once the buildings
are completed, they will transfer ownership to the Iowa City Housing Authority. She said this
project also includes some other units for family housing of townhouse and duplex that GICHF
will maintain ownership of on the peninsula.
Dennis stated that they want to know where they stand on the parking requirements before
going forward on the purchase agreement for the project.
In response to a question from Keitel, Dennis confirmed that GICHF has a program wherein
people can buy the houses. She stated that the Housing Authority has a different kind of home
ownership program. She stated that after 30 years of ownership, the Housing Authority has the
option to sell off the units as condos.
Doug Boothroy introduced himself, and stated that the Iowa City Housing Authority is a division
within his department, the Iowa City Housing & Inspection Services Department. He stated that
the Housing Authority's administrative board is the City Council. He said this property will be
Iowa City Board of Adjustment Minutes
November 14, 2001
Page 3
owned by the City for at least 30 years, and they are making the commitment to provide
affordable housing and to make that housing accessible, and to build it in a configuration which
is not commonly built in Iowa City, as one-bedroom apartments. He stated they have a
significant number of people who are wanting one-bedroom apartments, and many need
accessible units. He stated this project will have an elevator, which is not required under the
handicap code.
Boothroy stated that the Housing Authority currently rents around 100 units in the city and the
need for parking is approximately .5 per unit. He stated that their Iow-income housing doesn't
generate as much demand for parking because the families they serve cannot typically afford
extra vehicles.
Corcoran asked if the City Council has anticipated the possibility of bus service to this area.
Boothroy said he cannot address that. He speculated that once the Peninsula development is
built out to sufficient density, there may be enough demand to warrant transit service. He stated
that the Council has approved the project and asked the Housing Authority to go forward with it.
Boothroy stated that the Housing Authority will maintain ownership of 12 units; the other 7 units
will be maintained by GICHF. GICHF are designated as the developer in order to facilitate
funding.
Public Hearinq Closed
Brandt advised that he is a service provider of heating and air conditioning services for both
GICHF and the Iowa City Housing Authority, but that he does not feel this will affect his
decision.
Motion: Keitel moved to approve item EX001-00023, a special exception to reduce the
parking requirement from '16 spaces to 13 spaces for a multi-family housing project in a
Sensitive Areas Overlay Residential (OSA-5) Zone at Lot 1, Block 6 in Phase I of the
Peninsula Neighborhood, subject to the staff recommendation that at least one two-
bedroom apartment or two one-bedroom apartments in the building are rented to elderly
or disabled persons, and that the two tandem parking spaces are assigned to persons
within the same household unit in order to prevent vehicle conflicts. The motion was
seconded by Paul.
Findinqs of Fact
Keitel stated that he is very familiar with the peninsula area development. He feels that the
applicant has met all the requirements, and he will vote in favor.
Paul stated that he will vote in favor of the motion. He stated that it will not be detrimental to the
health, safety or general welfare of the public, will not be injurious to the neighbors in the
immediate vicinity, and there is access from the alley which will help to reduce congestion.
Corcoran stated she will vote in favor of the motion. She concurred with the previous remarks of
the Board, and reiterated that the appropriate standards have been met because evidence
presented shows that demand for parking will be less than for typical multi-family buildings.
Brandt stated he will vote in favor of the motion for the reasons given. He said it was nice to see
someone getting the development started in the Peninsula.
Maurer stated he will vote in favor for the reasons given.
The motion passed on a vote of 5-0.
Iowa City Board of Adjustment Minutes
November 14, 2001
Page 4
EXC01-00024. Discussion of an application submitted by Ryan C. Braun for a special exception
to reduce the rear yard in a Medium Density Single Family Residential (RS48) Zone at 712
Ronalds Street.
Howard stated that the applicant lives at 712 Ronalds Street, and there ~s an existing legally
non-conforming shared drive between this property and the property to the east. She stated that
the applicant also shares an existing garage with the property to the east. She said there is a
rear alley, but the garages along the alley do not have access to the alley. She said the
applicant would like to continue to use the shared drive and build a new garage on his property
at 712 Ronalds Street.
Howard stated the required rear yard is 20 feet. A garage is an accessory building, which may
be located in a required yard within 3 feet of the side and rear property lines if it is located at
least 60' back from Ronalds Street. The garage will be located about 115' from Ronalds Street
and therefore will meet the setback requirements. However, Howard stated that the accessory
structure cannot take up more than 30% of the required rear yard. She said that in this case, the
lot is very narrow (only 43' wide). Today's standard is 45 feet for this zone, and the shared drive
and existing garage take up some of that space. Therefore, there is practical difficulty meeting
the 30% coverage standard. In order to meet the standard, the applicant would have to pull the
garage forward toward the house and lose a lot of their usable back yard. The applicant is
requesting to reduce the rear yard from 20' to 3' in order to maximize the usable rear yard. The
garage will have no access off the alley. The applicant will access the garage from the existing
shared driveway.
Howard said the applicant is required to show a unique situation and that there is some practical
difficulty in siting the garage. She stated the reduction requested is fairly substantial, but the
effect of the reduction will be to maximize the amount of usable rear yard. Staff feels there will
be no substantial change or detriment to the neighborhood because the garage will be built in
line with the other garages that line that alley, and the access will be the same as it was
previously.
Howard stated that staff recommends that the Board approve this special exception.
Keitel asked if there were any existing utilities that would be impacted by the proposed
construction. Howard stated she was not aware of any.
Public Hearinq Opened
Ryan Braun introduced himself as the property owner and applicant. He stated he felt the staff
adequately summed up the reasons for this application. He stated that this garage would reduce
on-street parking, and the exception would allow him to locate it in an area that would not take
up the entire back yard.
In response to a question from Keitel, Braun stated that the space between the existing shared
garage and this garage would be what the Code dictates. Holecek stated that she believes it is
5' for fire separation. Braun reiterated that no exception is being requested for that. He said that
there is a railroad tie garden area with a small shed on the site currently, and this will be
replaced with the garage. Currently, in between that shed and the existing garage there is a
concrete sidewalk that goes back almost to the alley, and expects that a sidewalk or brick
paving would be placed there.
In response to a question from Corcoran, Braun said this is about a 2-1/2 car garage, to
accommodate for workshop and lawn equipment.
Iowa City Board of Adjustment Minutes
November 14, 2001
Page 5
Public Hearinq Closed
Motion: Paul moved to approve item EXC01-00024, a special exception to reduce the rear
yard from 20 feet to 3 feet in a Medium Density Single Family Residential (RS-8) Zone at
712 Ronalds Street. The motion was seconded by Brandt.
Findinqs of Fact
Brandt stated he would vote in favor of this exception. He felt the interests of justice would be
served in allowing the owner to utilize his back yard to the best of its capabilities. He stated it
would not be injurious to any of the surrounding property owners.
Corcoran stated she would vote in favor of the application. She agreed that this is a unique
situation, and that there is practical difficulty in meeting the requirements of the zoning code.
She felt this is a substantial reduction, but it does allow the applicant to maximize his rear yard
and will give the property owner the full effect and enjoyment of his property without any
detrimental impact on the neighborhood.
Maurer stated he will vote in favor of the application, and said it looks like a very practical
solution.
Keitel stated he would vote in favor, and said the historical nature of this neighborhood and the
fact that ail the other garages are up to the alley speak in favor of the application.
Paul stated he would vote in favor of the application, and agrees with the comments of the other
Board members.
The motion passed on a vote of 5-0.
BOARD OF ADJUSTMENT INFORMATION
The next meeting is scheduled for Wednesday, December 12, 2001.
The Board discussed a celebration for outgoing Board member Corcoran.
Applications are currently being encouraged for Board appointments. Howard said that the
deadline was today, but that no applications have been received, so the deadline will be
extended.
ADJOURNMENT
Maurer moved to adjourn, seconded by Paul. The meeting adjourned at 5:43 PM.
Board Chairperson Board Secretary
Minutes Submitted By Neana Saylor
ppdadrnin/rnin/bca 11-14-01 doc
MINUTES
IOWA CITY BOARD OF APPEALS FINAL/APPROVED
MONDAY, OCTOBER 1, 2001, 4:30 P.M.
CIVIC CENTER LOBBY CONFERENCE ROOM
MEMBERS PRESENT: John Roffman, Wayne Maas, Tom Werderitsch, Doug
DuCharme, Tim Fehr, Anna Buss.
STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Sue Dulek (Asst. City
Attorney), Roger Jensen (Fire Marshall) Jann Ream (Code
Enforcement Asst. acting as Minute Taker).
OTHERS PRESENT: Noah Miles (Gateway Center), Mike Porter (10 S. Clinton - The
Summit) and Dan Smith (Chamber of Commerce and Iowa
City Homebuilders).
RECOMMENDATIONS TO COUNCIL:
None
CALL TQ ORDER:
Chairperson Roffman called the meeting to order at 4:33 P.M.
CONSIDERATION OF MINUTES:
Meeting minutes from the September 10, 2001 meeting were reviewed.
MOTION: Maas motioned to approve the minutes with a second from Werderitsch,
Motion passed unopposed on a 6-0,
Appeal of the Building Inspector's interpretation of the Buildinq Code. (101
Hi;:lhway I West - Gateway Center).
Hennes stated that Noah Miles had appealed the Building Officials interpretation of the
code on these points: the requirement of frost footings and the plumbing code
requirements of sewer and water for a small kiosk type building he wants to place in the
parking lot of the Gateway Center on Highway 1 West. Hennes explained that staff felt
the building should be attached to frost footings in order to ensure the safety of other
nearby property. Miles said he would be willing to compromise on this issue. As long the
property owner would allow putting footings in the parking lot, Miles would be willing to
do that. What he found prohibitive were the requirements for sewer and water hook-ups.
Miles explained that building has already been built and would be moved to the site in
whole. He wants the building to be permanent so the temporary use permit would not
suffice. Hennes said that the Board would have to determine if the requirement of sewer
and water would constitute a practical difficulty. Hennes said there were no similar cases
in Iowa City. Miles stated that a business owner in Gateway Center had agreed to let
him and/or his employees use their bathroom. Fehr asked if the Gateway Center had
objected to digging up the parking lot for sewer and water. Werderitsch mentioned that it
would be a long hook up and that there might even be fall problems. Roffman asked
what would happen to the wastewater. Miles said he is in negotiation with a contractor to
do that. He stated that Health Department has very strict requirements concerning the
potable water but they would have no objections to the facilities provided in this building.
Roffman stated that as long as the frost footings were installed and Miles provided a
signed agreement with the property owner or business owner (perhaps included in the
lease) for the use of a bathroom for employees, the Board could find in his favor under
the hardship and alternative methods sections of the code. Roffman felt that the Health
Department would be tracking the potable and wastewater issues. Roffman asked the
Board how they wanted to proceed. Werederitsch said as long as the footings were
required and there was access to a restroom facility and the building was anchored
properly then he would have no problem with not requiring the sewer and water.
Roffman asked if that was a motion. Werderitsch said yes.
MOTION: Werderitsch moved that the requirement for hooking this building up to sewer
and water be waived. Buss seconded.
FURTHER DISCUSSION: Dulek reminded the Board that this issue dealt with the
Uniform Plumbing Code and the UPC had slightly different avenues to allow deviations
from the strict letter of the code than did the Uniform Building Code. She suggested that
the Board refer to their by-haws which permit the Board to allow alternate materials or
alternate methods of construction. She suggested that the Board see this request as
either an alternate material or alternate method of construction. Werderitsch said that
that was what he was trying to state. Dulek mentioned that when the new codes are
being reviewed, the Board may try to include the same modification provision that
currently exists in the UBC into the Uniform Plumbing Code and the National Electrical
Code.
MOTION: Werderitsch moved that the requirements for hooking this building up to sewer
and water be waived under the alternative materials and methods section of the Uniform
Plumbing Code (301.2) provided that the lease agreement contains provisions for
restroom facilities being available for the ownedemployees who work in this structure.
Frost footings must be provided for this structure and it must withstand an 80 mile an
hour wind load. Seconded by Buss. Motion passed 6-0 to allow the appeal.
Appeal of the Building Inspectors interpretation of the Building Code (10 S. Clinton).
Hennes explained that Mike Poder is establishing a new bar and restaurant in a former
retail space. The business will be on two floors. The first floor is handicap accessible
and everything that will be available on second floor (bar, food and dance floor) will be
also be provided on the first floor. Because it is a change of use, the remodeling will
need to meet the requirements of new construction. Handicap code does not require a
lift or elevator to the second floor because the structure has only two stories and is less
than 3,000 s.f. per floor. However, even though an elevator is not required, all other
requirements of the handicap code do apply on each floor. The plans currently show a
raised area on the second floor that would be accessed by a 7 inch step. Staff is
requiring a ramp to this area. Hennes could not explain the reasoning for this
requirement. Roffman clarified the situation in that no elevator is required to the second
floor but a ramp is required on that second floor to access a raised area. Hennes said he
spoke to the regional ADA office in Kansas City and they could not explain the
requirement either. Hermes said the Board could allow the appeal under the
modifications section of the Uniform Building Code. He stated that the plumbing fixtures
on the second floor would have to be handicap accessible. Porter questioned this
statement saying that he had been told by staff that the bathrooms on the second floor
did not need to be accessible and the fixtures had already been roughed in. It would be
very expensive at this point to have to go back and change it. If he had been told initially
that handicap accessible bathrooms would be required on the second floor, it would not
be a problem. Discussion occurred concerning the requirement for the bathrooms on
second floor needing to be handicap accessible. Werderitsch and DuCharme stated that
was a clear code requirement. Fehr felt that although the code states that toilet facilities
must be provided on an accessible floor, it does not negate the requirement of toilet
facilities on non-accessible floors to be handicap accessible. Hennes stated that staff
would look further into this question and contact Poder but for purposes of the appeal
before the Board, only the question of the ramp requirement could be addressed.
MOTION: Maas moved to allow the appeal under the alternative methods of construction
of the Uniform Building Code (sec. 104.2.8) in that all of the same facilities and services
were being provided on the first floor and accessibility was not being provided to the
second floor in general. DuCharme seconded.
FURTHER DISCUSSION: DuCharme asked if the 7 inch step would be visually
apparent. Porter stated that it would. Hennes explained that Iowa City's handicap code
reflects the State of Iowa's handicap code and the consensus now among state officials
is to adopt the federal standards. He felt that would make some of these issues more
straightforward. Hennes recommended that in the new code cycle, the Board should
look at adopting the federal ADA standards.
VOTE: Appeal was approved 6-0.
Other Business:
Hennes updated the Board on the code update seminars. The budget amendment was
approved by the City finance department to pay for Board members to go to the various
seminars. Most members would go to the IRC seminar on November 9 but some would
go to the IBC seminar. Hennes asked that each Board member tell him which seminar
they wished to go to and he would send in the registration. Hennes also passed out the
new code books for Board members to start going over. Hennes stated a time frame for
the adoption of the codes. He stated the plumbing code might cause some controversy
in deciding which code to adopt. He explained that there would be opportunity for public
input.
ADJOURNMENT:
Buss moved to adjourn the meeting. Wederitsch seconded. All members voted aye. The
meeting was adjourned at 5:40 P.M.
John Roffman, Board of Appeals Chair Date
Minutes submitted by Jann Ream
IOWA CITY HUMAN RIGHTS COMMISSION FINAL/APPROVED
LOBBY CONFERENCE ROOM
November 27, 2001
MEMBERS PRESENT: Jan Warren, Charles Major, Mary Larew, Maureen Howe, Keri Neblett,
Lisa Beckmann, Ernie Cox, Sue A. Joslyn, Paul Retish
MEMBERS ABSENT: None
STAFF MEMBERS: Laz Pittman
1. CALL TO ORDER Meeting called to order at 7:02 PM.
2. APPROVAL OF MINUTES
Several changes were made. Motion To Approve Minutes as Revised: Passed by a vote of 9-0.
3. RECOMMENDATIONS TO COUNCIL: Shank indicated that she would talk to the City Attorney about
whether the discussion in the minutes from the last meeting is sufficient to place the recommended
revision of the Ordinance on the Council agenda,
4. NEW BUSNESS
Procedure for Commission co-sponsorship of programs: Retish indicated that he became aware of
several programs that were co-sponsored by the Iowa City Human Rights Commission and he
wondered how the co-sponsorship decisions were made. Retish emphasizes that he is not criticizing
the programs as they were all worthwhile activities. Warren stated that she made the decisions as to
the programs the Commission co-sponsored. Warren explained that frequently a decision as to
whether the Human Rights Commission will co-sponsor an event is required within a day or two of the
request. It was decided by a previous Commission vote that the Chairperson would be the
spokesperson/decision-maker as to co-sponsorships when an answer is required before the full
Commission convenes at the monthly meeting. Retish believes this responsibility place an undue
burden on the chair and organizations know at least one to two months in advance what programs will
take place. He thinks requests can be dealt with at the Commission meeting one month in advance of
the event. Warren reminded the Commission that it could not vote by phone or e-mail as it violated the
open meetings law. The Commission's choices included calling a special meeting or say no to all
requests that require an endorsement before the Commission's monthly meeting. Retish suggested
changing the behavior of requesting agencies. Beckmann asked whether the Commission could be
notified that an event will be co-sponsored by the Commission so it will not come as a surprise. Shank
said that this would constitute communication if someone chose to comment on whether the event was
acceptabJe or not. An alternative would be for Warren to caJl a special meeting each time there is a
request for co-sponsorship. Retish said that maybe there could be an e-mail that lists the programs
requesting endorsements. This will allow Commissioners to either not respond or call Warren and ask
for a special meeting to discuss an endorsement. Warren said this could not be done. Retish said that
he just wanted to take the burden off of Warren. Cox asked whether requests came from agencies
that worked with the Commission in the past. Warren acknowledged that many requests came from
agencies that frequently came to the Commission such as the Affirmative Action Office, University of
Iowa Center for Human Rights, HARRT, etc. Cox said that the organizations could be contacted at the
beginning of the year. Beckmann suggested a letter could be written to the organizations/agencies that
frequently request the Commission endorse programs and elucidate the Commission's concerns. The
correspondence could clarify the Commission's desire to discuss endorsement requests at the
Commission's monthly meeting and encourage advance notice of any program for which an
endorsement is requested. Cox said that he has been to programs with speakers that he knows were
contacted months in advance. Retish said that he was unaware of the Commission's endorsement
policy and he did not intend to be critical but he wanted to let the requesting organizations know of the
Commission's communication limitations due to the open meetings law.
Warren remembered that she signed a letter on behalf of the Commission after the September 11
attacks. Waiting a month would not have worked given the need to communicate the message
urgently. Warren believes that Larew being the liaison for HARRT and Warren's role, as liaison for
UICHR will improve communication in terms of programs/issues affecting these two groups. Requests
for signatures on letters usually require a rapid response. Neblett stated that she felt comfodable with
the policy as it stood and although she understood Retish's concerns she felt the policy had not been a
problem. Warren asked whether the Commission should write the letter to the frequently requesting
organizations yet keep the policy the same? Joslyn asked whether Warren could sign or agree to
endorse a program as Warren, Chair of the Human Rights Commission? Warren indicated she would
not feel comfortable doing this. The Chairperson must sign on behalf of the Commission but not as an
individual. Motion: Joslyn moved that a letter be sent to the common requestors for endorsements
asking each to provide as much notice of an event as possible when the Commission is asked to
sponsor or co-sponsor. Beckmann seconded the motion. Motion: Passed 9-0
Shank stated that the City Council appointed three new Commissioners at the work session on
November 26. Cox, Larew, and Howe did not reapply. The new Commissioners are Lucfa-Mai Page,
Bobby Peffer and Rick Spooner was reappointed.
Shank reminded Commissioners that the Council has a deadline for submitting applications and
extensions of this deadline are not granted, Commissioners should be aware of the deadline for the
submission of applications as well as when each Commissioner's term expires. In the past. some
Commissioners have failed to submit applications prior to the deadline and have lost their position on
the Commission. Pittman indicated that an application will be kept on file for three months so if there is
a vacancy during that time, new applications will not be required.
U of I Center for Human Rights: Warren indicated that she volunteered to be the liaison for this group.
Thomopulos previously held the position. Warren will be part of the executive council. She indicated
that she will know more after she speaks with Burns (Weston).
DATE OF DECEMBER MEETING: DECEMBER 18, 2001
5. OLD BUSINESS
Human Rights Breakfast: Warren indicated she thought the breakfast went well and asked about the
numbers. Shank stated that she had not been to the office for over a month so she had not had an
opportunity to figure out any of the details associated with the breakfast. Some of the complaints
regarding the breakfast included the fact that the food was cold, the date for purchasing tickets was
extended, attendees were confused and went to the Wayne Richey Ballroom instead of the 2nd Floor
Ballroom, an acceptance speech was too long. Many Commissioners thought the Wayne Richey
Ballroom was the better room and a suggestion was made to limit the acceptance speeches to two to
three minutes and more coat racks be available. In the past, the IMU has asked for a ticket sale
deadline so the numbers will not keep changing and the room would not be overcrowded. This year the
deadline really wasn't required because there was plenty of room and a ballpark figure was good
enough but the letter sent in July included the deadline. Several Commissioners thought the breakfast
should return to the Wayne Richey Ballroom. Shank stated that if the Commission chose to go back to
this ballroom it could probably do so but ticket sales would be limited to 220. The bigger ballroom was
2
booked because Shank thought that this year, with Philip Hubbard receiving the Lifetime Achievement
Award, the Wayne Richey Ballroom might be too crowded.
Warren remembered that in the past the breakfast was scheduled in what was called the Holiday Inn.
Shank told the Commission that it was her understanding that the number of people attending the
breakfast prior to her employment was around 75. Warren said the Commission's goal is not to make
money. Beckmann thought it would be a good idea if the ticket sales were cut off at 220. Shank
reminded people that tickets are purchased but a handful of buyers don't show up. It was decided that
the issues surrounding the breakfast including when to have the breakfast, the room to reserve, etc.
would be decided at the December meeting.
Public Forum/Hate Speech
Retish checked around and found there were no other agencies currently working on programs similar
to the one the Commission wanted to plan. There was a similar project proposed by Krishna Das but
he indicated he wanted to work with the Commission. Warren suggested a subcommittee be formed to
work on this project. Cox, Howe, and Joslyn volunteered. Joslyn asked for the names of possible
panelists.
OTHER PROJECTS
Retish stated that a program at Broadway was planned for November. Shank stated that she was
unable to follow through on the November program so she suggested moving all of the programs ahead
a month.
HARRT
Warren reminded Commissioners that Larew is the liaison from the Commission on the HARRT team.
Beckmann suggested Larew describe for the rest of the Commissioners the time commitment as well
as the responsibilities of a volunteer for HARRT. The information will be set forth in the December
minutes and thus available to new Commissioners. Larew suggested Spooner as a HARRT volunteer
as he was a liaison to the Commission before he resigned due to personal reasons.
PREAMBLE
Shank questioned whether the agenda needed to include under "Recommendations To Council," the
language the Commission wanted to insert in the Human Rights Ordinance. Retish informed Shank that
at the previous meeting the Commission had taken the necessary steps to have the revision considered
by the Council and the language was specifically noted in the minutes. Shank told the Commission that
she would check with the City Attorney to see if the information in the minutes was sufficient to allow for
placement of the change on the City Council's agenda. Warren stated that she was concerned the
preamble seemed to speak for the entire community as opposed to just the Human Rights Commission.
Josyln said the Human Rights Ordinance is a law of the City. Beckmann also said the fact that Iowa
City had a Human Rights Ordinance implied equal treatment for all citizens. Beckmann stated that this
is the implication but it is not stated anywhere. Retish reiterated that the revision is the Commission's
recommendation to the Council.
Shank confirmed the Council would vote on the revised Ordinance three times before it passed and it
was important for a Commission member to attend the Council Meetings should Council have
questions. Cox raised the question as to the identity of "all members of our community". Larew said
this question had been addressed in the previous meeting and the answer had been all persons living
in Iowa City and/or passing through. When Beckmann researched preamble language she found
3
similar language from ordinances in Chicago, Cook County, and elsewhere. The proposed language
was amended a bit but not significantly.
6. REPORT OF COMMISSIONERS
Neblett reported she is a member of the Court Appointed Special Advocate, (CASA) program and the
program is being cut from the State budget. Neblett has been a volunteer for CASA for seven years
and she has worked on the same case for seven years. This has been her only case. The program,
according to Neblett, is extraordinary. Neblett has contacted her legislators informing them how
. important the program is to her and others in iowa. The program will remain intact until February. Roy
Foege is working on ways in which this program can be saved. Neblett mentioned this just in case the
Commission wanted to contact their legislators and let them know how important CASA is to neglected
and abused children.
Beckmann agreed with Neblett on the importance of the CASA program and she speaks as a foster
parent.
Major raised the issue of the poor treatment of women in Afghanistan.
Larew stated the annual party for homeless children in Iowa City is taking place on December 1 as part
of HACAP. Forty eight families with a total of 129 children will be involved so if the Commissioners
want to volunteer to assist the mothers shop at Target or entertain the children at the Moose Lodge
everything starts at 6:30 a.m. A teenager will sponsor each child. Mondo's is providing the food. Herky
the Hawk and seventeen football players will be at the Moose Lodge with other participants including
singers, Santa and Mrs. C~aus.
On the same weekend Beckmann's church is sponsoring a program whereby children are assisted in
pumhasing holiday presents for their parents.
Howe stated that she has enjoyed the time she has spent as a Commissioner and she acknowledged
the hard work of City staff.
Warren indicated that she wrote the letter to Dan Brock but she needed his address. Also she wanted
to remind Commissioners that on December 2 from 4:00 - 6:00 p.m. in the Becker Communications
building in room 101 a film will be shown regarding the treatment of women in Algeria.
7. STATUS OF CASES
Warren noted that of the 71 cases listed in the case status report, 27 of them have been closed.
Warren was impressed by the progress. She indicated that several cases have investigative
summaries pending so the Commission should be reading the cases soon.
Pittman mentioned that so far in November seven new cases have been filed. Shank announced that
Pittman and Burnside did an exemplary job while Shank was gone and she wants the Commission to
know how valuable these staff people are to the Human Rights Office and Shank wants to publicly
thank them,
8. AJOURN
Meeting adjourned at 8:21 p.m.
4
M,NUTES APPROVED/FII i 2----
IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES
SPECIAL MEETING - 2® FLOOR CONFERENCE ROOM
THURSDAY, NOVEMBER 8, 2001 5:00 PM
Members Present: Linda Dellsperger, Shaner Magalh~es, Lisa Parker, Linda Prybil, Pat
Schnack, Tom Suter, Jim Swaim, David VanDusseldorp
Staff Present: Maeve Clark, Susan Craig, Debb Green, Heidi Lauritzen, Kara Logsden,
Martha Lubaroff, Liz Nichols
Others: Kumi Morris, Anne Gehringer, Practicum student
CALL TO ORDER:
President Parker called the meeting to order at 5:00 p.m.
APPROVAL OF MINUTES:
Nichols noted a correction for the minutes. Under the mural report, it should have read Carpenters
Union 1260 and not 560. The minutes were approved as corrected after a motion was made and
seconded by Swaim/Magalh~es.
In answer to a question, Craig gave some background on Morris and her role in our project. She
is in the architectural services division of the City's Public Works Department. She deals with the
City's major public construction projects. She has been very helpful during this phase of the project
and will move on to other City projects once construction begins, but remain available as a resource.
Parker then introduced new Board member, Pat Schnack. Schnack teaches 7th & 8~h grade English
at Southeast Jr. High and is well known to the Library as a Foundation board member and the
founder of the "Partners in Reading project". Board members and staff introduced themselves to
Schnack.
UNFINISHED BUSINESS
Buildin,q Project
A pre-bid meeting was held last week that was attended by seven general contractors. This was
originally scheduled as a mandatory meeting in order to be sure that certain requirements were
made clear, such as the library remaining open, etc. Due to some lawsuits in other cities over the
issue of mandatory meetings, this meeting was rescheduled as non-mandatory. The bid opening
will take place at 2:05 pm on Thursday, November 29 in City Council Chambers. By 2:00 pm the
contractors will have had to fulfill the requirements of the bid, and taken a sealed copy to the City
Clerk's office. Bids are opened and read out to the group. At the time of the bid opening, it is
determined who has the lowest bid. There is then a short period of time to go through the bid, check
into the responses, and make a recommendation to the board and then award the contract at the
meeting on December 10. We are obligated to take the lowest responsible bid.
The playground has been removed for storage. There have been no real negative comments.
After the contract for the asbestos abatement portion of the project is awarded tonight, the work will
begin after Thanksgiving and be completed by December 21, The architects will publish an
ICPL Board of Trustees
Special meeting - November 8, 2001
addendum that will go out to all contractors who have purchased the plans, responding to questions
or changes in the bid documents.
An issue came up involving the limestone. Architects tried to write specifications so that two Iowa
quarries could bid for the limestone. It was then found that one of the quarries could only provide
an alternate face cut of stone in the dimensions we needed. The architects felt that the cut that was
available would work as well as the one specified. They recommend that the Board approve the
option in order to receive the most competitive bids. The Building Committee agreed with the
option, but wanted the Board to know. The Board agreed.
NEW BUSINESS
Award Contract for asbestos abatement portion of proiect.
There was keen interest in asbestos abatement work. Four bids were entered. They all ranged
significantly below the estimated amount and were within $2,000 of each other. Engineering is
recommending that Active Thermal from Cedar Rapids be awarded the bid. Swaim moved approval
of the recommendation. VanDusseldorp seconded. All were in favor. The contract was awarded
and work will begin on the 20th. After that the building will be closed for abatement and completed
by the 21st°r December. They will be removing things like insulation, pipes, and floor tile adhesive.
State Accreditation
This is done every three years. The State form was distributed in the packet. The blanks indicate
where Craig did not feel we could meet that standard. Overall, we met all 29 required measures and
48 of the 59 additional measures (43 required). Swaim, who had to leave early, asked Dellsperger
to pass along his desire to see us offer more hours in order to raise us from a C to a B rating in that
portion of the accreditation. We may want to look at increasing hours in the future. Craig said that
our tradition is that when we are open we are a full-service library, which is expensive. She also
feels that the State forms do not allow enough credit for Sunday hours. Parker would like to see
cost figures for the expansion of hours. Craig will prepare them for next year's budget process. In
response to a question regarding funds for training, Craig said that staff development is a difficult
item to get increased during the budget process because it is so political. The "A" standard is to
spend 1% of payroll costs on staff training. We are at .81%. This year, we could be up a little.
Accreditation doesn't require omsite visits. The State Library administers the program. State funds
are less ifa library is not accredited. A committee sets the standards. VanDusseldorp said that he
would trade the C rating we got for hours open for the A rating we got for our collection. When open
we offer excellent services.
STAFF REPORTS
New Library Commercial - The new commercial airing of focal cable channels was shown twice.
The theme is "1 want to know".
IUPLA Statistics - This is a report gathered from the statistics submitted by the Iowa Urban Public
Libraries in their annual state report.
Some of the highlights showed that we are high in use measures and in our financial report.
Population numbers reflect only Iowa City population so that all the use figures are skewed because
they do not reflect figures based on County usage, but this is done the same for all the libraries. We
ICPL Board of Trustees
Special meeting - November 8, 2001
loan more to our county people than any other library does. The population number does include
children.
Budget review with City Manager has been rescheduled until next week. Craig has not had a lot of
questions from the City. The City has not received the full impact of state cuts.
Development Office report has been included in the packet. Some campaign literature was
distributed to the Board. These are mailings that will be going out for the end of the year gifts.
Departmental Reports
Craig reported that she had spoken with Coordinators about instituting a routine for getting
departmental reports to the Board on some sort of a regular basis, hopefully starting in January.
Mural Update. Dellsperger asked if there had been any responses as a result of Nichols' initial letter
seeking temporary homes for mural pieces. Nichols explained that she now has more specifics to
give and will follow up her first letter. She is waiting for the County Historical Society who seemed
eager to take some pieces. She has other sites in reserve that have indicated interest. The
Chamber of Commerce said they would be happy to house the one of the fountain until we are
ready. The School District wants one for their Board Room. The Board thanked Nichols for all her
work and the amount of time she put into pulling this project together. She said she hopes to have
most of the pieces framed and on display on the day of Groundbreaking.
ANNOUNCEMENT FROM MEMBERS
Magalh~es announced that Craig was recently elected ALA Councilor of the Iowa Library
Association. In this capacity she will go to mid-winter and annual meetings and be the liaison
between the Iowa Library Association and the American library association, serving on the ILA
Executive Committee.
It was pointed out that the Johnson County Historical Society has a display downstairs in our library
that is worth looking at.
COMMITTEE REPORTS
Groundbreaking Committee submitted a revised plan, which the Board enthusiastically endorsed.
It was included in the packet and all Board members encouraged moving ahead with it. New date
and time are Saturday, January 12 at 11:00 a.m.
FINANCIAL REPORTS
These are quarterly reports.
Gift accounts - In response to a question regarding a negative receipt in one of the gift funds, it was
explained that it reflected a transfer from that account into the materials account.
Receipts and expenses are about where they should be at this time of the fiscal year. We have
spent 23% of our budget in the first quarter.
ICPL Board of Trustees
Special meeting - November 8, 2001
Use Statistics
Circulation is up a remarkable 15%. It is found that with public libraries, when the economy goes
down, circulation goes up. We've been in the news a lot lately with the building project. The
commercials may be helping boost traffic in the library as well. June and July were big months and
use has not dropped off. Other Johnson County libraries experienced increases, but have dropped
off. Why is the use of meeting rooms down? Craig explained that a 14% decline is only a few less
meetings out of three meeting rooms. Overdue notices sent by mail are down 16% because we are
sending them by e-mail, thus saving some postage money. No other comments.
SET AGENDA ORDER FOR MEETING
Special meeting set for December 10. The bid for construction will be voted on at that time.
ADJOURNMENT: 6:10 pm
Minutes taken and transcribed by
Martha Lubaroff
MINUTES
PLANNING AND ZONING COMMISSION APPROVED/FINAL
NOVEMBER 1,2001
EMMA J. HARVAT HALL
MEMBERS PRESENT: Ann Bovbjerg, Pam Ehrhardt, Jerry Hansen, Dean Shannon, Benjamin
Chait, Beth Koppes, Don Anciaux
STAFF PRESENT: Mitch Behr, John Yapp
OTHERS PRESENT: Ken Ranshaw, Judith Klink, Jim Anderson, Tom Gelman,
Jim Houghton
RECOMMENDATIONS TQ COUNCIL:
By a vote of 7-0, recommended deferral of REZ0'~-00020, a rezoning of approximately 1.38 acres of
property from High Density Multi-Family Residential (RM-44) to Medium Density Multi-Family Residential
(RM-20) for property located on the south side of Benton Street, east of Harlocke Street (1045-1075
Benton Street) to the November 15, 2001 meeting.
By a vote of 7-0, recommended approval of REZ01-00021, a rezoning from General Industrial (I-1) to
Intensive Commercial (CI-1) for .63 acres located at 809 Highway 1 West subject to a Conditional Zoning
Agreement.
By a vote of 7-0, recommended deferral of SUB01-00023., a preliminary plat of Apex Commercial Park, a
Resubdivision of Lot 2, Donohoe Fifth Subdivision, a 6.55 acre, 9-lot commercial subdivision located
south of Highway 1 West at Landon Avenue S.W., to the November 15, 2001 meeting.
CALL TO ORDER:
Chairperson Bovbjerg called the meeting to order at 7:37 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS:
Bovbjerg said the current vacancies were posted in the lobby for review.
REZONING ITEMS:
REZ01-00020. Discussion of an application submitted by Judith Klink for the rezoning of approximately
1.38 acres of property from High Density Multi-Family Residential
(RM-44) to Medium Density Multi-Family Residential (RM-20) for property located on the south side of
Benton Street, east of Harlocke Street (1045-1075 Benton Street).
Yapp presented the Staff Report. Yapp said that this property had been zoned RM-44, High Density Multi-
Family, since it was annexed into Iowa City in the late 1950's. The property has the qualities of: access to
a public transportation system, location close to a major employment and education center, it does not
contain any sensitive environmental features, and it has direct access to an arterial street, qualities which
were suitable for high density multi-family zonings. The property has no transitions, natural, contrived or
step-down, between the multi-family and single-family zoning to the west. Yapp said that Staff continued
to recommend the request to rezone be denied. Yapp said staff found that the property has many
attributes appropriate for higher density multi-family zoning, including direct access to an arterial street,
access to public transit, within walking distance of an employmentJeducation area, and on a property with
Planning and Zoning Commission Minutes
November 1,2001
Page 2 of 6
no sensitive environmental features. Yapp said he had very recently been informed of a conversation
between the developer and the applicant that may have an impact on the petition to rezone. He deferred
presentation of the details to J. Klink or J. Anderson.
Yapp noted a letter dated November 1, 2001, from J. Houghton, lawyer for the property owner, and
diagrams of proposed building placement provided by K. Ranshaw, former Hadocke street property
owner, were placed at each Commissioner's chair prior to the meeting.
Public discussion was opened.
Ken Ranshaw told the Commission that he had generated the drawings of the proposed building next to
his daughter's house on Harlocke Street. He said even if a 6-foot privacy fence were placed to the west
and to the south, the balconies still extended out from the buildings and looked directly into his daughter's
house at 1100 Hadocke Street. Ranshaw expressed concern about a potential trash situation, placement
of the trash dumpsters, snow blowing and snow removal. He asked that the building nearest his
daughter's property be relocated.
Judith Klink said that a meeting had taken place earlier that afternoon between J. Anderson, K. Ranshaw,
K. Paulsen and herself regarding revised building plans. Her objections to the original plan were resolved
with the new plan, however the outdated zoning of the remaining area east of Harlocke Street was a
continued concern. She said the new plans placed the parking lot where a building was previously
proposed and functioned as a step zone. Klink said Staff's traffic report from Jeff Davidson had been
placed in the Commission's information package. In the report, Davidson had noted the neighborhood's
concern about parking on Harlocke Street and traffic on Benton Street. The new plan did not address the
traffic on Benton Street, but placement of a fence around the parking area on two sides with evergreens
for screening would help with the problem of apartment tenants walking through the Ranshaw's /
Paulsen's property to get to the cars parked on Harlocke Street. Klink said the neighborhood residents
understood if the property were down-zoned, it would not necessarily guarantee a lower density of
bedrooms. However, the new plan split one of the two buildings dividing it between the front two
buildings, so the density of the development would be more toward Benton Street. There would be only
one instead of two buildings at the rear of the development. Klink said the neighborhood still had
concerns about the larger neighborhood, as well as concerns regarding the general process of
interactions between developers and the neighborhood. Klink said that in the future, she would like to
see some of the more stringent design requirements currently applied to developments in historic
neighborhoods be applied to their area too. She said their area was becoming very dense and there was
currently a third high density development proposed for the end of Harlocke Street.
Klink asked to read a statement she had written prior to the meeting with the developer. She said it
seemed as if the neighborhood's plea had been answered. "Our request and our plea to the developers
is that they will redesign in such a way that the buildings are clustered closer to Benton Street where
there are already apartment buildings and where there is one rental house immediately to the west.
Please do not have a three story dominating building in the south west corner of this property directly
adjacent to and across from single-family homes. Redesign so that the parking lot shields in the back or
perhaps is partially under the development, but maintain the illusion of an open area in the south west
corner. Have the courage to be leaders in the development community." Klink said if they could have
some type of gentlemen's agreement or assurance that the developers would follow through on the
proposed new plan, the applicants would suspend their request for the rezoning. Klink asked to have the
public hearing remain on the City Council's agenda in case some insurmountable problem(s) arose with
the new plan.
in response to a question from Klink, Behr and Yapp said under State law the City Council is required to
have a report from the Planning and Zoning Commission before they could act on the rezoning request.
Klink said she thought December 7, 2001 was the last date for closure due to the 60-day moratorium, but
the developers wished to begin construction sooner. As soon as the neighborhood could receive
assurances from the City that the revised Site Plan had approval, they would officially drop their request
Planning and Zoning Commission Minutes
November 1, 2001
Page 3 of 6
for a downzoning. Bovbjerg clarified with Klink that her possible action depended on the Site Plan being
approved by the City. Behr said if Klink requested the Commission to defer the application to rezone, the
November 13 City Council public hearing would be opened, could be continued, but not completed until
the Commission made a recommendation to the Council. If Klink requested the Commission to defer,
and the Commission deferred, the item would then be placed on the Commission's next meeting agenda.
It was up to Klink to decide yet that evening if she would request to defer or not. Behr said the
Commission could not advise Klink as to what agreement she would reach with the developer and without
a request for deferral by Klink, the Commission would need to vote on the item that evening.
Bovbjerg asked, if the Commission deferred due to the ongoing deliberations, and if the neighborhood
were satisfied, could the item be dropped from the agenda. Behr said Klink could withdraw her
application if she became satisfied. Bovbjerg asked if an agreement between the neighborhood and the
developers were reached, what type of legal ramifications would occur. Behr said it was between the
applicant and the developer. Ehrhardt asked what would happen to the Site Plan that had been
previously approved. Behr said if the one remaining issue were approved by K. Franklin, it would be
deemed approved. Chair asked if the Site Plan were changed, what would happen, and would it go back
before the Commission? Behr said it would depend on the degree of change. He had not seen the new
plan yet. Yapp said if a completely new site plan were submitted, and there was no protest, he did not
believe it would go back before the Commission. However, if the neighborhood would continue to protest
or submitted a new protest of the new plan, then it would go back before the Commission. Behr reminded
the Commission of the timeline and the December 7, 2001 moratorium date.
Chair asked if the applicant could request the Commission to defer the item. Behr and Yapp said the
applicant could make the request any time during public discussion up to the time a vote was called.
Jim Anderson, one of the developers, said he had spoken with Tallman earlier in the day. Her suggestion
had been to do an Amended Site Plan rather than file a whole new plan. He asked if an amended plan
would go back before the Commission or could it be addressed by Staff. Behr said it would depend on
whether the neighbors continued to protest or not. Anderson gave his copy of the new Site Plan to the
Commission to review. He said the new plan called for three buildings, two 18-unit buildings and one 12-
unit building. The south west corner had become a parking lot as the neighborhood had requested. The
two 18-unit buildings closest to Benton Street would be set one-half a story into the ground, so they would
only be 2 ¼ story instead of a 3 story building. This was an effort to make it less intrusive to the
neighbors as they had requested.
Hansen commended and thanked Mr. Anderson and the Weaver-Harlocke Neighborhood Association for
'getting together' on the issue.
Anderson asked if the 20% protest factor were withdrawn, would a new site plan need to be submitted in
order to avoid the issue being returned to the Commission. Bovbjerg said she thought if a new site plan
were declared and submitted, the whole process would begin again. Behr said the developer could
withdraw the approved Site Plan and submit a new site plan, and only if a new objection were made
would it go to the Commission. Yapp said if a new site plan were submitted, the City was obligated to
begin the major site plan review process again including the 20-day period.
Tom Gelman said if it could reasonably be done, the Site Plan would be submitted as an Amended Site
Plan. Gelman said after discussions with the applicant earlier in the day, if the new site plan were
submitted as an Amended Site Plan, one or more of the protestors would probably be likely to withdraw
their protest. If that were the case, the previously approved Site Plan would not have to go back before
the Commission, because the protest would be less than the minimum required. There was a desire to
expedite the review and approval process. Gelman said if the Amended Site Plan were approved
administratively, that would be the basis for granting a building permit. There would be an expectation
that the-zoning application would De withdrawn, that would remove the necessity of the Commission to
hear the proposal and would also mute the City Council's public hearing because the application were
Planning and Zoning Commission Minutes
November 1, 2001
Page 4 of 6
withdrawn. Gellman said the intent was for everyone to operate in good faith. If the Amended Site Plan
were approved by the City, it would be the one the developers would go forth with.
Jim Houghton, on behalf of Jim and Shirley Cox, owners of the property, asked that matters be expedited
as much as possibre. Taxes were being paid on two empty buildings and the Cox's expenses continued.
He asked the Commission accept his letters as part of the record. He said he and the Coxes were not
part of the discussions between the developers and the neighbors,
Judith Klink requested that the request for downzoning be deferred. Yapp said a verbal request was
adequate at the meeting, but asked that Klink submit a written request to him.
Public discussion closed.
Motion To defer REZ01-0002q, an application submitted by J. Klink for the rezoning of approximately 1.38
acres of property from High Density Multi-Family Residential (RM-44) to Medium Density Multi-Family
Residential (RM-20) for property located on the south side of Benton Street, east of Harlocke Street
(1045-1075 Benton Street) until the November 15, 2001 meeting. Moved by Hansen. Seconded by
Chait.
Hansen expressed his pleasure that the developers and the neighborhood association were able to 'get
together' on the issues. Chair said he would like to underscore his comments of the prior meeting by
encouraging the neighborhood to be visible at the Southwest District Plan workshop and take a pro-active
role in the visioning of their future. Ehrhardt said this issue has shown the necessity of extending the
apartment infill design guidelines to other neighborhoods. The Good Neighbor Policy of working together,
as demonstrated on this issue, would be a good example for future reference. She also urged the
neighborhoods to get out and participate in the planning of the district's future. Yapp said the District
Planning Meeting would be November 8, 2001 at West High School at 7:00 pm. Ehrhardt said in the past
it had typically been the neighborhood residents who participated in the neighborhood planning, but she
fart it was very important for the potential developers to be there as well.
The motion carried on a vote of 7-0.
Yapp reminded members of the audience that there would still be a public hearing before the City Council
on November 13, 2001 unless the zoning application was with-drawn before then.
REZ01-00021. Discussion of a rezoning from General Industrial (I-1) to Intensive Commercial (C1-1) for
.63 acres located at 809 Highway 1 West.
Yapp presented Staff report. He said Staff continued to recommend approval of the rezoning to C1-1 with
conditional zoning agreement requirements regarding landscaping, etc. The issue regarding additional
free standing signs had been investigated and it was determined that under existing zoning codes there
could not be a fourth free standing sign along the Highway One frontage. Currently three free standing
signs were in existence and under Code there could only be a maximum of three signs along one
frontage. Yapp said the applicant had been informed of the existing zoning code language and if an
additional sign were added it would need to be on the Ruppert Road frontage. The applicant could also
move or modify one of the existing signs. Yapp said did not suggest that any additional zoning
agreement language be added regarding free standing signs. A letter from T. Hobart representing the
applicant had been received. The letter said the applicant did agree to all the other conditional zoning
agreement language except something that would limit them to less free standing signs than what they
currently had.
Yapp said under Code, two properties owned by the same entity or that share the same facilities (i.e.
Pepperwood Plaza) could have no more than three free standing signs on a single frontage.
Planning and Zoning Commission Minutes
November 1, 2001
Page 5 of 6
Ehrhardt asked about her prior request for more information regarding parking on the landscaping. Yapp
said that he had contacted Enforcement Staff about this. It had been a problem in the past with Carousel
Motors parking cars both on the Frontage Road and on the landscaped area. They had been warned a
number of times by Enforcement Staff. Currently Carousel Motors were not parking cars on the
landscaping or on the public frontage road.
Hansen asked if City Code provided for a fine. Yapp said it did, but Carousel Motors had not been fined
yet. Enforcement Staff had told Yapp if there were another violation, they would be fined. Ehrhardt
asked why there was a landscaping buffer (anywhere). Yapp said for aesthetics, and in this case there
may be a future sidewalk or trail area along the highway. Ehrhardt said that since aesthetics were part of
the reason, it should be referenced in the Conditional Zoning Agreement. Ehrhardt said she had recenfiy
called Housing & Inspection Services because there were 14 cars parked on the grass, but was told that
there were no records of any violations. HIS told Ehrhardt they would have 14 days to remove the cars.
Yapp said apparently there are records of past violations of display vehicles being parked on the grass or
frontage road. Ehrhardt said if the Commission were going to reference landscaping, there should be
some reference as to 'why'. Chair asked if the Commission could initiate some stronger regulatory
suggestions from the Commission to the Council to HIS. Chair said the issue was not that it was being
allowed to happen, but that no one was not allowing it to happen. Yapp said current code was that
parking could only occur on a paved surface. Behr said from a broad perspective, it could become
problematic if the Commission starting putting conditions in the CZA that were already in the ordinance.
Public discussion was opened. There was none. Public discussion was closed.
Motion to approve REZ01-00021, a rezoning from General Industrial (~-1) to Intensive Commercial (CI-'~)
for .63 acres located at 809 Highway 1 West subject to conditions as recommended by Staff. Moved by
Anciaux. Seconded by Chair.
The motion carried on a vote of 7-0.
DEVELOPMENT ITEM:
SUB01-00023. Discussion of a preliminary plat of Apex Commercial Park, a re-subdivision of Lot 2,
Donohoe Fifth Subdivision, a 6.55 acre, 9-lot commercial subdivision located south of Highway 1 West at
Landon Avenue S.W.
Yapp said the applicant had requested a deferral pending completion of a traffic study.
Public discussion was opened. There was none. Public discussion was closed.
Motion to defer SUB01-00023 pending completion of a traffic study. Moved by Chair. Seconded by
Anoiaux.
Passed on a vote of 7-0.
CONSIDERATION OF OCTOBER 18, 2001 MEETING MINUTES:
Chair requested that the last sentence of the October 18 minutes be modified to delete the wording,
"which may not be seen again" to accurately reflect his comments. Yapp had received additional
changes from Bovbjerg which would be made to the minutes.
Motion to approve the minutes subject to the notations given to Yapp. Moved by Hansen. Seconded by
Koppes.
The motion carried on a vote of 7-0.
Planning and Zoning Commission Minutes
November 1,2001
Page 6 of 6
OTHER:
Yapp reported there may be an opportunity for the Commission to meet with the City Council regarding
the proposed CC-2 zoning in the Scott Six Industrial Park. Yapp said at this point, Staff was not sure what
way Councir was leaning. Chair asked if the Commission had a choice. Bovbjerg said in the past a stroll
poll had been taken regarding if the disagreement was serious enough that the Commission would want
to meet with the Council.
Chair said the Commission and Staff had told the Council what they thought, both privatery and in the
press. He said that at this point he did not see what they or anyone else had said had made a difference.
He fert in this particular case, given Karen's letter in the paper and the positions of everyone, it would be a
waste of time. Historically the Council had not wavered at all, they were going to do what they were going
to do and it was a waste of time.
Koppes said maybe the Commission could convince the Council to zone less of it, just what the grocery
store needed versus the whole six acres. She said Fairway admitted at the last Council meeting that they
did not need the whole six acres. This would be the only suggestion she would add if they had a meeting
and she was not sure it was worth having a meeting to state that one thing. The Council already had their
minutes.
Hansen asked if the property would have to be sprit into two pieces. Chair said it was a zoning issue and
it wourd be more viable at six acres than in two pieces. Yapp said there could be multipre commercial
buildings on a single property in a commercial zone.
Anciaux said he agreed with Chair. The Commission had done their job, communicated their
recommendation to the Council and if Council wanted to change it, that was their prerogative.
Bovbjerg said she felt that, for more than just appearance sake, meeting with the Council would show the
City Council and the public that the Commission was serious about their recommendation and their vote.
The fact that the publicity which had been chosen to be publicized and used at the Council meeting and
other places was not the item they were voting on. She felt it was important to meet with the Council to
repeat it to them, even thought it had been in the minutes and the newspapers, so that the City Council
and everyone knew where the Commission stood. If the Council elected not to go along with the
Commission's recommendation, it was their prerogative. Bovbjerg felt it could go 4-3 either way, and
perhaps meeting with the Council would give the will, courage and backing to do the right thing to certain
people.
Chair said the Commission was in service to the Community and as part of that service, whatever it
meant, he would go to the Council meeting.
The consensus was that the Commission would be interested in meeting with the City Council if it
appeared the Council was leaning toward voting against the Commission's recommendation. Yapp said
he would get back to the Commission regarding this issue when a meeting with the City Council might
take place.
Hansen said a 'nuisance ordinance' was being developed. The committee meetings to develop would
begin Wednesday evening and were open to the public.
Yapp reported the South West District Plan workshop would be on November 8, 200'1 at 7:00 p.m. at
West High School.
Adjournment at 8:5'~ pm.
Dean Shannon, Secretary
Minutes submitted by Candy Barnhill
ppdadnVmins/p&zl 1-~-01 doc
MINUTES
PLANNING AND ZONING COMMISSION APPROVED/FINAL
NOVEMBER 1,2001
EMMA J. HARVAT HALL
MEMBERS PRESENT: Ann Bovbjerg, Pam Ehrhardt, Jerry Hansen, Dean Shannon, Benjamin
Chair, Beth Koppes, Don Anciaux
STAFF PRESENT: Mitch Behr, John Yapp
OTHERS PRESENT: Ken Ranshaw, Judith Klink, Jim Anderson, Tom Gelman,
Jim Houghton
RECOMMENDATIONS TO COUNCIL:
By a vote of 7-0, recommended deferral of REZ01-00020, a rezoning of approximately 1.38 acres of
property from High Density Multi-Family Residential (RM-44) to Medium Density Multi-Family Residential
(RM-20) for property located on the south side of Benton Street, east of Harlocke Street (1045-1075
Benton Street) to the November 15, 2001 meeting.
By a vote of 7-0, recommended approval of REZ01-00021., a rezoning from General Industrial (I-1) to
Intensive Commercial (C1-1) for .63 acres located at 809 Highway 1 West subject to a Conditional Zoning
Agreement.
By a vote of 7-0, recommended deferral of SUB01-00023, a preliminary plat of Apex Commercial Park, a
Resubdivision of Lot 2, Donohoe Fifth Subdivision, a 6.55 acre, 9-lot commercial subdivision located
south of Highway 1 West at Landon Avenue S.W., to the November 15, 2001 meeting.
CALL TO ORDER:
Chairperson Bovbjerg called the meeting to order at 7:37 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS:
Bovbjerg said the current vacancies were posted in the lobby for review.
REZONING ITEMS:
REZ01-00020. Discussion of an application submitted by Judith Klink for the rezoning of approximately
1.38 acres of property from High Density Multi-Family Residential
(RM-44) to Medium Density Multi-Family Residential (RM-20) for property located on the south side of
Benton Street, east of Harlocke Street (1045-1075 Benton Street).
Yapp presented the Staff Report. Yapp said that this property had been zoned RM-44, High Density Multi-
Family, since it was annexed into Iowa City in the late 1950's. The property has the qualities of: access to
a public transportation system, location close to a major employment and education center, it does not
contain any sensitive environmental features, and it has direct access to an arterial street, qualities which
were suitable for high density multi-family zonings. The property has no transitions, natural, contrived or
step-down, between the multi-family and single-family zoning to the west. Yapp said that Staff continued
to recommend the request to rezone be denied. Yapp said staff found that the property has many
attributes appropriate for higher density multi-family zoning, including direct access to an arterial street,
access to public transit, within walking distance of an employment/education area, and on a property with
Planning and Zoning Commission Minutes
November 1, 2001
Page 2 of 6
no sensitive environmental features. Yapp said he had very recently been informed of a conversation
between the developer and the applicant that may have an impact on the petition to rezone. He deferred
presentation of the details to J. Klink or J. Anderson.
Yapp noted a letter dated November 1, 2001, from J. Houghton, lawyer for the properly owner, and
diagrams of proposed building placement provided bY K. Ranshaw, former Harlocke street property
owner, were placed at each Commissioner's chair prior to the meeting.
Public discussion was opened.
Ken Ranshaw told the Commission that he had generated the drawings of the proposed building next to
his daughter's house on Harlocke Street. He said even if a 6-foot privacy fence were placed to the west
and to the south, the balconies still extended out from the buildings and looked directly into his daughter's
house at 1100 Harlocke Street. Ranshaw expressed concern about a potential trash situation, placement
of the trash dumpsters, snow blowing and snow removal. He asked that the building nearest his
daughter's property be relocated.
Judith Klink said that a meeting had taken place earlier that afternoon between J. Anderson, K. Ranshaw,
K. Paulsen and herself regarding revised building plans. Her objections to the original plan were resolved
with the new plan, however the outdated zoning of the remaining area east of Harlocke Street was a
continued concern. She said the new plans placed the parking lot where a building was previously
proposed and functioned as a step zone. Klink said Staff's traffic report from Jeff Davidson had been
placed in the Commission's information package. In the report, Davidson had noted the neighborhood's
concern about parking on Harlocke Street and traffic on Benton Street. The new plan did not address the
traffic on Benton Street, but placement of a fence around the parking area on two sides with evergreens
for screening would help with the problem of apartment tenants walking through the Ranshaw's /
Paulsen's property to get to the cars parked on Harlocke Street. Klink said the neighborhood residents
understood if the property were down-zoned, it would not necessarily guarantee a lower density of
bedrooms. However, the new plan split one of the two buildings dividing it between the front two
buildings, so the density of the development would be more toward Benton Street. There would be only
one instead of two buildings at the rear of the development. Klink said the neighborhood still had
concerns about the larger neighborhood, as well as concerns regarding the general process of
interactions between developers and the neighborhood. Klink said that in the future, she would like to
see some of the more stringent design requirements currently applied to developments in historic
neighborhoods be applied to their area too. She said their area was becoming very dense and there was
currently a third high density development proposed for the end of Hadocke Street.
Klink asked to read a statement she had written prior to the meeting with the developer. She said it
seemed as if the neighborhood's plea had been answered. "Our request and our plea to the developers
is that they will redesign in such a way that the buildings are clustered closer to Benton Street where
there are already apartment buildings and where there is one rental house immediately to the west.
Please do not have a three story dominating building in the south west corner of this property directly
adjacent to and across from single-family homes. Redesign so that the parking lot shields in the back or
perhaps is partially under the development, but maintain the illusion of an open area in the south west
corner. Have the courage to be leaders in the development community." Klink said if they could have
some type of gentlemen's agreement or assurance that the developers would follow through on the
proposed new plan, the applicants would suspend their request for the rezoning. Klink asked to have the
public hearing remain on the City Council's agenda in case some insurmountable problem(s) arose with
the new plan.
In response to a question from Klink, Behr and Yapp said under State law the City Council is required to
have a report from the Planning and Zoning Commission before they could act on the rezoning request.
Klink said she thought December 7, 2001 was the last date for closure due to the 60-day moratorium, but
the developers wished to begin construction sooner. As soon as the neighborhood could receive
assurances from the City that the revised Site Plan had approval, they would officially drop their request
Planning and Zoning Commission Minutes
November 1,2001
Page 3 of 6
for a downzoning. Bovbjerg clarified with Klink that her possible action depended on the Site Plan being
approved by the City. Behr said if Klink requested the Commission to defer the application to rezone, the
November 13 City Council public hearing would be opened, could be continued, but not completed until
the Commission made a recommendation to the Council. If Klink requested the Commission to defer,
and the Commission deferred, the item would then be placed on the Commission's next meeting agenda.
It was up to Klink to decide yet that evening if she would request to defer or not. Behr said the
Commission could not advise Klink as to what agreement she would reach with the developer and without
a request for deferral by Klink, the Commission would need to vote on the item that evening.
Bovbjerg asked, if the Commission deferred due to the ongoing deliberations, and if the neighborhood
were satisfied, could the item be dropped from the agenda. Behr said Klink could withdraw her
application if she became satisfied. Bovbjerg asked if an agreement between the neighborhood and the
developers were reached, what type of legal ramifications would occur. Behr said it was between the
applicant and the developer. Ehrhardt asked what would happen to the Site Plan that had been
previously approved. Behr said if the one remaining issue were approved by K. Franklin, it would be
deemed approved. Chair asked if the Site Plan were changed, what would happen, and would it go back
before the Commission? Behr said it would depend on the degree of change. He had not seen the new
plan yet. Yapp said if a completely new site plan were submitted, and there was no protest, he did not
believe it would go back before the Commission. However, if the neighborhood would continue to protest
or submitted a new protest of the new plan, then it would go back before the Commission. Behr reminded
the Commission of the timeline and the December 7, 2001 moratorium date.
Chair asked if the applicant ¢ourd request the Commission to defer the item. Behr and Yapp said the
applicant could make the request any time during public discussion up to the time a vote was called.
Jim Anderson, one of the developers, said he had spoken with Tallman earlier in the day. Her suggestion
had been to do an Amended Site Plan rather than file a whole new plan. He asked if an amended plan
would go back before the Commission or could it be addressed by Staff. Behr said it would depend on
whether the neighbors continued to protest or not. Anderson gave his copy of the new Site Plan to the
Commission to review. He said the new plan called for three buildings, two 18-unit buildings and one 12-
unit building. The south west corner had become a parking lot as the neighborhood had requested. The
two 18-unit buildings closest to Benton Street would be set one-half a story into the ground, so they would
only be 2 ¼ story instead of a 3 story building. This was an effort to make it less intrusive to the
neighbors as they had requested.
Hansen commended and thanked Mr. Anderson and the Weaver-Harlocke Neighborhood Association for
'getting together' on the issue.
Anderson asked if the 20% protest factor were withdrawn, would a new site plan need to be submitted in
order to avoid the issue being returned to the Commission. Bovbjerg said she thought if a new site plan
were declared and submitted, the whole process would begin again. Behr said the developer could
withdraw the approved Site Plan and submit a new site plan, and only if a new objection were made
would it go to the Commission. Yapp said if a new site plan were submitted, the City was obligated to
begin the major site plan review process again including the 20-day period.
Tom Gelman said if it could reasonably be done, the Site Plan would be submitted as an Amended Site
Plan. Gelman said after discussions with the applicant earlier in the day, if the new site plan were
submitted as an Amended Site Plan, one or more of the protesters would probably be likely to withdraw
their protest. If that were the case, the previously approved Site Plan would not have to go back before
the Commission, because the protest would be less than the minimum required. There was a desire to
expedite the review and approval process. Gelman said if the Amended Site Plan were approved
administratively, that would be the basis for granting a building permit. There would be an expectation
that the-zoning application would be withdrawn, that would remove the necessity of the Commission to
hear the proposal and would also mute the City Council's public hearing because the application were
Planning and Zoning Commission Minutes
November 1, 2001
Page 4 of 6
withdrawn. Gellman said the intent was for everyone to operate in good faith. If the Amended Site Plan
were approved by the City, it would be the one the developers would go forth with.
Jim Houghton, on behalf of Jim and Shirley Cox, owners of the property, asked that matters be expedited
as much as possible. Taxes were being paid on two empty buildings and the Cox's expenses continued.
He asked the Commission accept his letters as part of the record. He said he and the Coxes were not
part of the discussions between the developers and the neighbors.
Judith Klink requested that the request for downzoning be deferred. Yapp said a verbal request was
adequate at the meeting, but asked that Klink sul~mit a written request to him.
Public discussion closed.
Motion To defer REZ01-00020, an application submitted by J. Klink for the rezoning of approximately 1.38
acres of property from High Density Multi-Family Residential (RM-44) to Medium Density Multi-Family
Residential (RM-20) for property located on the south side of Benton Street, east of Harlocke Street
(1045-1075 Benton Street) until the November 15, 2001 meeting. Moved by Hansen. Seconded by
Chair.
Hansen expressed his pleasure that the developers and the neighborhood association were able to 'get
together' on the issues. Chair said he would like to underscore his comments of the prior meeting by
encouraging the neighborhood to be visible at the Southwest District Plan workshop and take a pro-active
role in the visioning of their future. Ehrhardt said this issue has shown the necessity of extending the
apartment infill design guidelines to other neighborhoods. The Good Neighbor Policy of working together,
as demonstrated on this issue, would be a good example for future reference. She also urged the
neighborhoods to get out and participate in the planning of the district's future. Yapp said the District
Planning Meeting would be November 8, 2001 at West High School at 7:00 pm. Ehrhardt said in the past
it had typically been the neighborhood residents who participated in the neighborhood planning, but she
felt it was very important for the potential developers to be there as well.
The motion carried on a vote of 7-0.
Yapp reminded members of the audience that there would still be a public hearing before the City Council
on November 13, 2001 unless the zoning application was with-drawn before then.
REZ01-00021. Discussion of a rezoning from General Industrial (I-1) to Intensive Commercial (C1-1) for
.63 acres located at 809 Highway 1 West.
Yapp presented Staff report. He said Staff continued to recommend approval of the rezoning to C1-1 with
conditional zoning agreement requirements regarding landscaping, etc. The issue regarding additional
free standing signs had been investigated and it was determined that under existing zoning codes there
could not be a fourth free standing sign along the Highway One frontage. Currently three free standing
signs were in existence and under Code there could only be a maximum of three signs along one
frontage. Yapp said the applicant had been informed of the existing zoning code language and if an
additional sign were added it would need to be on the Ruppert Road frontage. The applicant could also
move or modify one of the existing signs. Yapp said did not suggest that any additional zoning
agreement language be added regarding free standing signs. A letter from T. Hobart representing the
applicant had been received. The letter said the applicant did agree to all the other conditional zoning
agreement language except something that would limit them to less free standing signs than what they
currently had.
Yapp said under Code, two properties owned by the same entity or that share the same facilities (i.e.
Pepperwood Plaza) could have no more than three free standing signs on a single frontage.
Planning and Zoning Commission Minutes
November 1, 2001
Page 5 of 6
Ehrhardt asked about her prior request for more information regarding parking on the landscaping. Yapp
said that he had contacted Enforcement Staff about this. It had been a problem in the past with Carousel
Motors parking cars both on the Frontage Road and on the landscaped area. They had been warned a
number of times by Enforcement Staff. Currently Carousel Motors were not parking cars on the
landscaping or on the public frontage road.
Hansen asked if City Code provided for a fine. Yapp said it did, but Carousel Motors had not been fined
yet. Enforcement Staff had told Yapp if there were another violation, they would be fined. Ehrhardt
asked why there was a randscaping buffer (anywhere). Yapp said for aesthetics, and in this case there
may be a future sidewalk or trail area along the highway. Ehrhardt said that since aesthetics were part of
the reason, it should be referenced in the Conditional Zoning Agreement. Ehrhardt said she had recently
called Housing & Inspection Services because there were 14 cars parked on the grass, but was told that
there were no records of any violations. HIS told Ehrhardt they would have 14 days to remove the cars.
Yapp said apparently there are records of past violations of display vehicles being parked on the grass or
frontage road. Ehrhardt said if the Commission were going to reference landscaping, there should be
some reference as to 'why'. Chait asked if the Commission could initiate some stronger regulatory
suggestions from the Commission to the Council to H~S. Chair said the issue was not that it was being
allowed to happen, but that no one was not allowing it to happen. Yapp said current code was that
parking could only occur on a paved surface. Behr said from a broad perspective, it could become
problematic if the Commission starting putting conditions in the CZA that were already in the ordinance.
Public discussion was opened. There was none. Public discussion was closed.
Motion to approve REZ01-00021, a rezoning from General Industrial (I-1) to Intensive Commercial (C1-1)
for .63 acres located at 809 Highway 1 West subject to conditions as recommended by Staff. Moved by
Anciaux. Seconded by Chair.
The motion carried on a vote of 7-0.
DEVELQPMENT ITEM:
SUB01-00023. Discussion of a preliminary plat of Apex Commercial Park, a re-subdivision of Lot 2,
Donohoe Fifth Subdivision, a 6.55 acre, 9-lot commercial subdivision located south of Highway 1 West at
Landon Avenue S.W.
Yapp said the applicant had requested a deferral pending completion of a traffic study.
Public discussion was opened. There was none. Pubric discussion was closed.
Motion to defer SUB01-00023 pending completion of a traffic study. Moved by Chair. Seconded by
Anciaux.
Passed on a vote of 7-0.
CONSIDERATION OF OCTOBER 18, 2001 MEETING MINUTES:
Chair requested that the last sentence of the October 18 minutes be modified to delete the wording,
"which may not be seen again" to accurately reflect his comments. Yapp had received additional
changes from Bovbjerg which would be made to the minutes.
Motion to approve the minutes subject to the notations given to Yapp. Moved by Hansen. Seconded by
Koppes.
The motion carried on a vote of 7-0.
Planning and Zoning Commission Minutes
November 1,2001
Page 6 of 6
OTHER:
Yapp reported there may be an opportunity for the Commission to meet with the City Council regarding
the proposed CC-2 zoning in the Soott Six Industrial Park. Yapp said at this point, Staff was not sure what
way Council was leaning. Chair asked if the Commission had a choice. Bovbjerg said in the past a stroll
poll had been taken regarding if the disagreement was serious enough that the Commission would want
to meet with the Council.
Chait said the Commission and Staff had told the Council what they thought, both privately and in the
press. He said that at this point he did not see what they or anyone else had said had made a difference.
He felt in this particular case, given Karen's letter in the paper and the positions of everyone, it would be a
waste of time. Historically the Council had not wavered at all, they were going to do what they were going
to do and it was a waste of time.
Koppes said maybe the Commission could convince the Council to zone less of it, just what the grocery
store needed versus the whole six acres. She said Fairway admitted at the last Council meeting that they
did not need the whole six acres. This would be the only suggestion she would add if they had a meeting
and she was not sure it was worth having a meeting to state that one thing. The Council already had their
minutes.
Hansen asked if the property would have to be split into two pieces. Chait said it was a zoning issue and
it would be more viable at six acres than in two pieces. Ya@p said there could be multiple commercial
buildings on a single property in a commercial zone.
Anciaux said he agreed with Chair. The Commission had done their job, communicated their
recommendation to the Council and if Council wanted to change it, that was their prerogative.
Bovbjerg said she felt that, for more than just appearance sake, meeting with the Council would show the
City Council and the public that the Commission was serious about their recommendation and their vote.
The fact that the publicity which had been chosen to be publicized and used at the Council meeting and
other places was not the item they were voting on. She felt it was important to meet with the Council to
repeat it to them, even thought it had been in the minutes and the newspapers, so that the City Council
and everyone knew where the Commission stood. If the Council elected not to go along with the
Commission's recommendation, it was their prerogative. Bovbjerg felt it could go 4-3 either way, and
perhaps meeting with the Council would give the will, courage and backing to do the right thing to certain
people.
Chair said the Commission was in service to the Community and as part of that service, whatever it
meant, he would go to the Council meeting.
The consensus was that the Commission would be interested in meeting with the City Council if it
appeared the Council was leaning toward voting against the Commission's recommendation. Yapp said
he would get back to the Commission regarding this issue when a meeting with the City Council might
take place.
Hansen said a 'nuisance ordinance' was being developed. The committee meetings to develop would
begin Wednesday evening and were open to the public.
Yapp reported the South West District Plan workshop would be on November 8, 2001 at 7:00 p.m. at
West High School
Adjournment at 8:51 pm.
Dean Shannon, Secretary
Minutes submitted by Candy Barnhill
¢~pdadrnlmins/p&zl %%01 .doc
MINUTES
PLANNING AND ZONING COMMISSION FINAL/APPROVED
DECEMBER 6, 2001
MEMBERS PRESENT: Ann Bovbjerg, Dean Shannon, Jerry Hansen, Benjamin Chait,
Beth Koppes, Don Anciaux.
MEMBERS ABSENT: Pam Ehrhardt
STAFF PRESENT: Shelley McCafferty, John Yapp, Bob Miklo, Mitch Behr
OTHERS PRESENT: Glenn Siders, Richard Rhodes II, Amy Bouska, Steve Rounor, Craig Mastalio,
Robert Temple, Larry Schnittjer, Don Cochran, Monica Maloney-Mitros, Tom
Gelman, Ivan Pfab, Tom Anthony, Leland Belding, Mike Pugh, Dennis Mitchell.
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 6-0, SUB01-00030, an application submitted by Arlington L.C. for
a preliminary plat of Stone Bridge Estates, Part 2, a 13.98-acre 52-1ot residential subdivision located north
of Ashford Place, south of Lower West Branch Road subject to the walkway being included in the vicinity
of Lots 17-19.
Recommended approval, by a vote of 6-0, ANN01-00005/REZ01-00025, an application submitted by The
Waverly Group, Inc. to annex 4.01 acres located south of Rochester Avenue (Herbert Hoover Highway)
and rezone it from County C-1 to Commercial Office (CO-1), subject to the owner agreeing to connect to
City water service within five years of approval of the annexation, the installation of fire hydrants per the
Fire Marshal's specifications and connection to the City's sanitary sewer system when it became available
to that property.
CALL TO ORDER:
Chairperson Bovbjerg called the meeting to order at 7:36 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND CQMMISSIONS:
Bovbjerg said that there were vacancies on several boards and commissions. She encouraged citizens to
get involved.
REZONING/DEVELOPMENT ITEMS:
REZ01-00022/SUB01-00024. Discussion of an application submitted by Southgate Development for
rezoning from Interim Development Multi-Family (ID-RM) and Interim Development Single-Family (ID-RM)
to Community Commercial (CC-2) for 9.79 acres and a preliminary plat of Napoleon Heights to 146.68-
acre, 3-lot subdivision located on the east side of Gilbert Street north of the southern City limits. (45-day
limitation period: 12/30/01 ).
McCafferty presented the staff report. She said the area is included in the South District Plan which was
adopted in 1997, which was drafted with assistance of citizens who were concerned about the south
district. She said the citizens gave a lot of thought into where they wanted to see commercial
development located, designated that it should be commercial which would serve the neighborhood and
that much of their input was incorporated into the South District Plan. She said the citizens involved in the
South District planning workshops wanted the commercial area to be central to their neighborhood. They
also requested that the area be oriented toward the neighborhood and be designed in more of a town-
centre or main-street style as opposed to a typical commercial strip mall. it was also concluded that there
would be some potential to have some small convenience areas located on the periphery of the
neighborhood. McCafferty said the City Council's adoption of the South District Plan further validated the
Planning and Zoning Commission Minutes
December 6, 2001
Page 2
citizen's desire to have the above noted land use pattern, and this approach to commercial development
had become the City policy for the South District.
The proposed location is located further to the west from that called for in the Comprehensive Plan. In
order to adopt the new location and to have it rezoned would require an amendment to the South District
plan. She said there currently was a staff initiated amendment to the South District plan for the new east-
west arterial street. The general Comprehensive Plan stated that the intersection of two arterial streets
was appropriate for multi-family or commercial use. In that sense, McCafferty said there would be an
argument to have commercial zoning of the area. On the overhead map, McCafferty pointed out an
intersect[on in the proposed area, at which two acres had been recently rezoned for commercial use. She
said that in the citizen workshops, it had been felt that there was quite a bit of commercial zoning in that
particular area. Staff also questioned if there was enough of a market to support another community
commercial area in the proposed area. She said the location proposed by the applicant was at the
southern edge of the area that could be served by the city's sanitary sewer system. The area was also
bordered by the Iowa River and surrounding sand pits, so there would be less of a surrounding market
than if the area were located in a more central location.
McCafferty said currently south Gilbert Street was not in a condition that could support additional traffic
generated by an additional commercial development. Therefore, if the area were to be rezoned and
developed, there should be an inclusion in a conditional agreement either that the City or the developer or
a combination of the two improve south Gilbert Street so it could handle the commercial traffic.
The preliminary plat that had been submitted divided the property into four lots. One lot for storm water
detention, one for a commercial zone, a third lot and a large Outlot A that was reserved for future
development. McCafferty said at a future date Staff would look more closely at the sensitive areas
ordinance and to open space requirements as they would apply to Outlot A. The area would later be
further subdivided into single-family, multi-family and commercial developments.
McCafferty said Staff did not recommend that the area be rezoned to Community Commercial (CC-2) as
the applicant had not presented data demonstrating a market for additional commercial development and
the proposal was not in compliance with the Comprehensive plan. She said staff did recommend approval
of the plat plan, but that it be deferred subject to corrections.
Chair asked about the circumstances regarding the Court Street extension, near Windsor Ridges. Miklo
said that the City did the extension to the edge of the park and the developer did the extension into the
development itself. Miklo said that situation was different in that a new street had to be built because
there was no street at the site, it was just farmland. Miklo said Staff had discussed with the
applicant/developer the probability of further subdivision and development of this area and advised the
applicant/developer that they may wish to talk with the City Council to get funding for street improvement
into the capital improvements program. Currently funding was not in the plan. Chair received clarification
that if street improvements occurred within the City's time frame, the City would pay the costs, however if
improvements happened ahead of the City's time frame, then the developer would pay the costs.
Anciaux asked if the future town-centre was out of the City limits right now. McCafferty said that was
correct. Miklo said it would potentially be at the intersection of Sycamore Street and an east-west arterial
street.
Chair said his concerns were not due to the specifics of McCafferty's presentation, but to the context
issues and the assessments that were in the report. He referred to the recent experience with Scott 6 and
Fairway grocery issues. At the joint meeting with Council, Chair said no one had foreseen that type of use
for that location (appropriateness) and the demand for that use in that location, but market demand had
proven differently. Miklo said in terms of the market, if the Fairway did go at Scott 6, there still would be
quite a bit of vacant commercial property in that general area and the market would still have vacancies in
it. Chair said he wanted to avoid a similar situation that could be addressed earlier on, before the specifics
of actual land use were discussed. McCafferty said Staff would recommend that prior to consideration of
re-zoning, Staff would like to see a more in-depth market analysis that would support the need for
rezoning and that would also support the citizen's desire for a town-centre in that location.
Shannon asked McCafferty if she concurred with the citizen group's preference for location of the
commercial area, which currently was in the middle of nowhere, as opposed to where commercial
Planning and Zoning Commission Minutes
December 6, 2001
Page 3
developers might want to be located. McCafferty said the desire of the neighborhood was to have a focal
point in that padicular area designed as a town square or a main street, so it would become a central
gathering place for the neighborhood. Its purpose would be to serve the neighborhood and not the greater
community, as a community commercial zone would be intended. Their preference was for a
neighborhood commercial area, something smaller in scale within walking distance of the group of
residents of that area. If it were placed on the periphery, it would preclude a number of people from
walking to the neighborhood commercial area. Miklo said one of the comments often expressed by the
neighborhood residents at the South District planning meetings, was that there was enough community
commercial, big box and grocery stores in the area along Highway 6. They did not want additional added,
but desired more of a focal point addition to the area. Miklo said one of Staff's concerns were that there
not be too much commercial area ending up with vacant tracts that could not be developed. Miklo also
pointed out that the South District plan was somewhat flexible and the commercial area could be located
in that general area along Sycamore Street.
Chait said, in terms of the plan that was developed by the community, and endorsed by the Council and
the City, how could the whole process occur as a process, and how could this vision be held to be the
standard that was desired. He said when the Commission reviewed the Mormon Trek extension and the
Southwest District plan, it was a 15-20 year projection, but 18 months later the Commission was dealing
with issues that were based on the actualization of the arterial. Chair said the developer's plan was very
different than what the Commission had endorsed for the Plan. Miklo said one of the reasons the district
plans were done was to put everyone on notice including investors of particular areas that that was what
the plan was and it was their burden to show the Commission their plan was better or somehow the City's
plan should be changed. Miklo said if the rezoning was approved, he did not project a commercial
development would occur within the next one to two years because the market was not there. He said an
example would be Walden Square. It had been zoned well over 10 years before any commercial
development occurred. Miklo said Staff felt that based on the projected densities that there probably
would not be enough people in the area to support having two commercial centers in the area. Also, given
that Sand Road basically only went to Hills and there currently was not a lot of growth in Hills, that there
would not be enough additional traffic on Sand Road to support the type of retail that was on Highway 6.
Currently there is a struggle to keep the businesses on Highway 6 occupied.
Chait said the vision for the type of planning that is currently being seen incorporating a town-centre and
'walkability' issues was not the typical drip-down model that had historically been seen for the last fifty
years. Chait said the Commission needed to be more integrated in serving the community and doing their
duty, and having a coordinated interest that did not get undermined by policy shifts. He said he hoped to
avoid the types of changes that undermined the commitment to those types of plans early enough so the
rules were not changed on the developers or mixed messages were sent which would influence the
developers to go somewhere else.
Bovbjerg said if what they were looking at was the plan, then the role of the Commission was to make
sure that that was what they looked at when they looked at things that came in. The developer's role was
to say, "I'd like you to reconsider something." Bovbjerg said she felt that was what was currently
happening. Whether the market on any particular event was correct or not, as soon as something was
done, that became a market. So in a sense what the Commission did changed the market, or someone
saying how they wanted to change it, was a market force that sometimes played out or not. Bovbjerg said
the Commission was looking at the whole idea and the whole section, and not just a piece of land. She
was trying to look at and talk to the broad picture.
Public discussion was opened.
Glenn Siders, South,qate Development Company, suggested the item be deferred until after the
th
Commission had the opportunity to set a Public Hearing for December 20 on the location of an east/west
aderial street. He said it was his understanding that since an amendment was to be made to the
Comprehensive plan regarding an arterial street, that that would be the appropriate time to discuss the
commercial area. He said Southgate did not envision that CC-2 was the appropriate zoning, but they did
not want neighborhood commercial. He said he did not see a Walden Square or big box user sitting on
that property. There was an opportunity for private clubs, restaurants and some office users. Some of the
area was to be consumed by storm water detention basin. If CC-2 was not the appropriate zone and the
City had concerns about big box users, those concerns could be addressed in a conditional zoning
Planning and Zoning Commission Minutes
December 6, 2001
Page 4
agreement, but neighborhood commercial was not their preference. He said the proposed aderial street
would cut through their property, which would make a huge difference with regards to zoning the area.
Bovbjerg clarified with Siders, that when he said Southgate did not want neighborhood commercial,
Siders meant that they did not want CN-1 with all the regulations. Siders said that was correct. Siders
said he did have in mind the types of things they wanted in the area and would be willing to list those in a
conditional agreement, if that were an option. Koppes asked if the commercial rezoning did not go
through, did Siders want the Commission to go ahead and vote on the plat. He said yes.
Richard "Sandy" Rhodes II, 2014 Rochester Avenue, said the area was a know locality for at least six
years for the state listed as threatened ornate box turtle. He had been part of a DNR experiment that had
removed 51 box turtles from the property and relocated them to Polk County. He said there were
undoubtedly other Box turtles located there. Box turtles are Iowa's only fully terrestrial turtle. As a
volunteer with the DNR, he had spent over 1000 hours studying the box turtle. Through ongoing studies,
the turtles had been found to travel more than 1/3 of a mile between where they hibernated and where
they spent most of the summer. Their summer home ranges have been found to be up to five to ten acres
or more. He said in the vicinity of the plat, ornate box turtles had been found rummaging in a compost
pile, found from the base of the slope around and in the pasture, along the north-south fence, and he
pointed out several hibernation concentrations on the overhead map. Hatchling turtles had also been
found in the area, which designated it not only as a known population, but a reproducing population of a
state endangered species. The Iowa City sensitive areas ordinance also addressed prairies as a rare
resource. The tract was heavily grazed yearly and was one of two known areas in Johnson County for
Hairy Gramma grass, a native pasture grass. Indian grass, Carolina Cocoon, sedges, rushes, Lead Plant,
Wild Petunia and a host of other species had been identified in the area.
Chait asked Rhodes what he wished to be done with the area and what were his concerns.
Rhodes said he had been at the Southwest District planning meetings, as had members of the
Commission. A long time had been spent debating and designating the open areas and their
preservation. Concept plans that had been submitted to the City indicated preservation of very little of the
designated open spaces. Chair asked if there were distinctions as to the uses of designated open spaces,
how were the concerns to be addressed by Planning and 'Zoning issues, the appropriateness of an
application, and how do we coexist in the City growth area with natural undisturbed preservation of
endangered species that were in the area of designated infrastructure and urban growth. Rhoades said it
would be premature to do anything with the area until the state threatened species had been dealt with
through relocation. He said, with respect to Iowa City's sensitive areas ordinance, there is a high potential
for having significant prairie resources, however it is currently indeterminate as to where the prairies are
due to the condition of the pasture.
Bovbjerg asked Rhoades if his request was that the Commission look at the ornate box turtles and the
prairies and what should legally be done, both locally and with any state ordinance. He requested the
entire project be deferred until the two issues are addressed. Behr said he would review the issues.
Amy Bouska, 1049 Briar Drive, said she, her husband and their two children had lived on Briar Drive for
approximately five years. She said her children enjoyed Wetherby Park, the improvements to the park,
the trails and especially the 1.5 acres of native prairie that had been recently seeded and established.
Bouska said she felt it was really neat that the Southwest District plan had had the foresight to look at the
area and designate open space areas with natural topographies. She said she felt it was very important,
in this particular situation, to identify where the natural prairie remnants were at in the very beginning
before a lot of lots were laid out to really find out what was there. She felt it was important that an
inventory be done of the area to figure out if there were prairie remnants in the area, what was actually
there and where, and to try to find a way to balance economic development with environmental
preservation. She said there was an opportunity to do both. Bouska said when the area had such a
unique feature it should become an integral component of the development. She requested that as the
Commission started working toward and looking at the applications that they obtain inventory information
right at the beginning. Hansen said the seeding to establish a prairie in Wetherby Park had cost $8,000
for 2.5 acres. Bouska said if the City had spent $8,000 for seeding 2.5 acres and the City already had the
established prairies at hand, that would be a source for future City projects. The prairie remnant would be
a source for future prairie plantings and if the City already had the real thing here, we should protect what
we have.
Planning and Zoning Commission Minutes
December 6, 2001
Page 5
Steve Rouner, 836 Pepper Drive, said his concern was with the 3-lot subdivisions with the exception of
the community commercial lot. He asked if citizens and developers would be back before the Commission
in two or three years rezoning the 3 remaining lots. Currently the neighborhood was all single family
housing and the residents of the area would like to see single-family housing continue in the area as
opposed to larger complexes. Chair said the Comprehensive Plan / Concept Plan showed the intended
future uses for the area. It was a mix of uses, but it provided a thumbprint for the future. Bovbjerg asked
Siders if he would like to address Rouner's concerns. Siders said that in discussions with Staff it had
been Southgate's intention for the approximately 160 acres that were there to have some higher density
residential south of Wetherby Park because the City was insistent that the street border the south
property line of the Park. The residents would be offered some tradeoffs for higher density near the park.
Siders said anything that abuts single family would remain single family, Staff had entertained the
possibility of sprinkling some duplexes in the area, but it would predominantly remain single family
Bovbjerg said when something is ID-RS or what ever zone it was, when the area is platted out, the plans
would go back before the Commission with the streets and lots laid out, so it would pass before the
Commission several times. Siders said Southgate hoped to be back before the Commission within three
or four months to request a rezoning of the property. Bovbjerg invited the audience to attend the Monday
evening Informal meetings and the Thursday evening Formal meetings. She said the Commission did
listen to the neighbors and they did make a difference on what happened to properties. Bovbjerg said that
was the whole point for having a Commission.
Crai.q Mastalio, 1037 Briar Drive, said several persons in his neighborhood had an interest in continuing
to gather more information about the whole process in that area and they would appreciate it if the
Commission stayed with the Comprehensive Plan that had already been adopted. He said, personally, he
felt their side of town already had enough high density multi-family area and it put a lot of pressure on the
school system and on the area as a whole. If anything happened, he would like to see it to be single
family housing.
Robert Temple, 1019 Briar Drive, said a number of years previously he had appeared before the
Commission to ask them to please be careful in their particular neighborhood as this same developer
came into the area to put in commercial development, which at the time was EconoFoods. He said, at
that time, they were told that the development was going to be good for the neighborhood and also for the
City. As a resident, Temple said he had watched his particular neighborhood be considered one that was
going down hill because of some things that were developed around the neighborhood. He said they had
seen EconoFoods come and go in their area, they had seen high density family dwelling come into their
neighborhood and it had affected their neighborhood. He felt their side of town had taken on a bad
connotation which was related to some of the development that had taken place in the area. He asked the
Commission to proceed with extreme caution and said he too felt the need to see proof that the
neighborhood could support more commercial development in the area and that it would not hurt their
neighborhood. He said there was a time that he drove into his neighborhood and felt like he was driving
into the country, but said he understood that in this city, that is no longer possible. He said prairie like
properties are very important to everyone and hoped that they could be preserved, and requested the
developers be sensitive to the neighbors who were already in the area and provide them with as much
green space / open space as possible. He said the residents whose homes currently bordered the farm
field would like to see the park extend out to Sand Road as a bicycle or walking path, to maintain as much
green space as possible. In closing, he referred back to his original point, to please prove to the
neighbors in that area that the rezoning for commercial use would be a benefit to the neighbors and to the
City when there was already so much property that was either sitting idle or had changed hands so many
times, that it appeared the area was not supporting the existing commercial space.
Larry Schnittier, MMS Consultants, said he had made several observations from the comments that he
had heard that evening. With respect to Chait's question as to how to get the Comprehensive Plan
implemented, Schnittjer said, "To get a plan implemented, you have to have a plan to start with, to have a
picture painted with a paint brush. You can't build something with a painted design, there has to be real
drawings, engineered, and planned out in detail." Schnittjer said he had tried for a long time to get a road
from Napoleon Park up to the east as was shown on the South Area plan, however with the Indian mound
on the top of the hill and the grade going up the hill, he said it was not possible to get a street running
straight up the hill. Schnittjer said they had looked at various alternatives for a local street versus the
arterial on the south side of the property, they had gone back and forth with Staff, and finally it ended up
Planning and Zoning Commission Minutes
December 6, 2001
Page 6
being an arterial instead of a local street. Schnittjer said these types of things all evolved, they didn't just
happen with a paintbrush picture, in regard to the native species, but not the tudles, Schnittjer said they
would be more than willing to work with someone to salvage the prairie plantings if they were wanted for
another location. He said it might be possible that Southgate would end up with some small enhanced
prairie area on the project, but it was too early to tell as not all the details had been worked out.
Bouska said she appreciated that Schnittjer was willing to work with them regarding the prairie plantings.
However, she said, with some of the species that were out there, one thing to consider was what really
was to be preserved. To just scrape off the top soil or take the seeds and plant them somewhere else
would not be sufficient. She requested it be considered to take the prairie plantings themselves and
integrate them into the development making them an integral feature, as some of the plantings would be
difficult to establish in other places. She requested a piece of land be left intact as an integral component
of the subdivision because some of the roots of the plantings go down to 20 feet into the ground. Bouska
said a good inventory should be completed, then to try to integrate a natural tract into the design of the
development. Bovbjerg asked if there were groups, persons or interested parties who could or would go
out and look at the prairie plants if they were called upon. Bouska said there were resources available
and that it may be that some areas should be mitigated and not preserved, and others could become an
area of the development.
Rhodes said at least one of the species on the site, the Carolina Cocoon, was notoriously hard to
propagate by seed and was not transplantable. It had to be preserved or lost. Rhodes said as part of a
group, he had purchased a farm in Iowa County to do restoration of existing prairie remnants and
reconstruction of areas that had been too heavily cropped. He said the only real way to tell what was on
the land was to let it grow for one year, burn it, then see what grew. Rhodes said he had put his money
where his mouth was, and it was not a simple task to tell where the remnants were when land had been
heavily grazed, as was the case at hand.
Public discussion was closed.
Motion: Hansen moved to defer item REZ01-00022/SUB01-00024, an application for a rezoning from
~nterim Development Single- and Multi-Family (ID-RM) to Community Commercial (CC-2) for 9.79 acres
and a preliminary plat of Napoleon Heights a 146.68-acre, 3-lot subdivision located on the east side of
Gilbed Street north of the southern City limits, to the December 20 meeting. Chair seconded the motion.
Chait said he would like to express his concern again regarding the process, and everyone to be on the
same level of understanding that the development would not look exactly like the sketch. If the
Commission could be clear from the beginning what the process was and how it evolved, the Commission
could avoid being castigated by the developer or by the community and get all the parties to work
together earlier than the good neighbor policy outlined.
Hansen said for future information he would:
· like to see a more solid placement of the road on the map. He said it seemed to him that the road
was being pushed by where the development would be.
· like to see where the trails coming from the river eastward connecting to Wetherby Park were going
to be laid out.
Hansen said when the trail system was put into Wetherby Park, there had been specific discussion about
connectivity through all the neighborhoods. Hansen said he would like to see where the trail system was
going to be in relationship to the where the prairie remnants were on the property. Miklo said it would be
difficult to identify the remnants before the next meeting and the trail system would have to evolve with
the subdivisions. Hansen said he had a lot of questions about Indian burial mounds, endangered species
and prairie remnants, and that he was not in a hurry to make a decision until his questions were
answered. Hansen said the Commission owed it to themselves with an open piece of ground to be sure of
what they were doing before tossing out a commercial area the neighborhood wanted and putting in
another one. Chait said the above was critically important to do.
Chair said that Siders had said in two or three months Southgate would have something more to look at.
However, in terms of a site analysis of the acreage or an inventory of what was there now, that type of
project could be fairly intensive, extensive and expensive to assess. Chait said, in a theoretical site
design of anything of that scale, that would be done, however it would take a lot of time and the different
Planning and Zoning Commission Minutes
December 6, 2001
Page 7
parties would each use a different microscope to look at the issues. Chait said to get the Commission the
information as to what assets to keep and what not, that was different than addressing the best way to get
a road from here to there or the best way to honor the commitments to trails. He said although those
things were important, they were subsequent to a site analysis listing the assets. Chair felt to get the
kinds of things addressed from an assets perspective, it would take longer than the time that Siders had
alluded to. Chair said his concern was that if Southgate Development did the kinds of things Siders had
indicated would be done in the next three months, and if the Commission insisted on a further analysis, a
situation like the Westcott redesign would occur where after the fact concerns that weren't initially brought
up, were brought up. Chait said he agreed with what was being said, but asked how a detailed analysis of
the assets on that land could be obtained.
Miklo said there was some language in reference to all of those items in the South District Plan. Staff
would advise the applicant take a look at the Plan and study some of those issues as they worked on
their concept. Bovbjerg said there were also legal matters at the City and State levels that regardless of
what someone might want to see as a time table would stop everything, if there had to be certain types of
analysis and/or research performed. She requested that Legal and Planning staff look at City and State
codes and provide the Commission with a clearer idea of matters. Miklo said to also keep in mind the
condition of south Gilbert Street and the need to rebuild it to accommodate all the areas of development.
He said even if the City agreed to pay the expenses for improvements to Gilbert Street, that would not
happen quickly. Bovbjerg said the last item on the agenda, a public hearing on an eastJwest arterial,
would also be part and parcel of what would happen to the area.
Chair questioned how the Commission could be looking at a public hearing on the arterial, without the
same type of information and asset analysis of the whole area that was being requested of Southgate
Development for the area being discussed. Hansen said he also agreed with this. Chair said if the
Commission and/or developer did not know where all the assets were, they could not be integrated into a
design. He said he didn't know how Siders could get all the necessary information in the next three
months, and he did not wish to see a finished design come in, then have to be redone because of newly
discovered assets. Chait said this early in the process, the Commission could take the time to be
thorough. Bovbjerg said that was the whole reason the Commission was there and for setting a public
hearing. However, on December 20th, Bovbjerg said the Commission may say they do not have enough
information and a decision could not be made at that time. Chair's concerns about if the Commission did
not have enough information to make a decision and if they did not, would be a quite a different kind of
decision and timeline than if the Commission thought they had all the information in front of them. What
the Commission found out would make a difference on their next decision, on the next and the next.
Bovbjerg said she did not see a problem with looking at and deferring the item or with setting a public
hearing. Bovbjerg said at every stage along the line the Commission could say there was not enough
information, or this must wait for that, and the Commission's procedures did address Chait's concerns.
Hansen said the Commission dealt with items as they were brought to the Commission. However, they
were not out in front of the fire trying to figure out where things were going to be. He felt the Commission
should be doing that as a matter of course and doing a lot more of if, especially on open tracts of land.
Hansen said currently there was not an inventory available of what prairie plantings and animals were on
the land that could be matched to the developer's request.
The motion passed on a vote of 6-0.
REZ01-00023/SUB01-00025, discussion of an application submitted by Southgate Development for a
preliminary plat and sensitive areas rezoning of Lindemann Subdivision, an approximate 95 acre, 262-1ot
residential subdivision with 8 outlots, located north of Court Street, south of Lower West Branch Road,
and east of Scott Park Drive/Hummingbird Lane. (45-day limitation period: 12/30/01 .)
Yapp presented the Staff report. The 95 acre property was in the process of being annexed. Annexation
had been approved by the State; the City was waiting for the necessary paperwork to be processed. A
plat application was on file and Staff anticipated that by the time the plat reached Council the land would
be annexed. The proposed preliminary plat and sensitive areas rezoning included 262 lots on
approximately 95 acres. The northern approximate 20 acres were set aside for future development. The
proposed plat was in conformance with zoning, Iow density single family zoning on the west side of the
creek and medium density single family zoning on the east side of the creek. A sensitive areas rezoning
was required because a wet land area had been identified by the applicant on the plat. A stream corridor
Planning and Zoning Commission Minutes
December 6, 2001
Page 8
also bisected the property and the applicant had put in the required buffers. Yap said staff recommended
approval of the sensitive areas rezoning.
Yapp said Staff had looked at the preliminary plat using the Comprehensive Plan, the Northeast District
Plan and the conditional zoning agreement to review the property. Staff felt generally the plan was in
conformance with those documents. An interconnected street system was created but there were a few
cul-de-sac and Iccp streets where it was not possible to have street extensions to the west. There were
two proposed street connections to Court Street, a City arterial street, and two connections proposed to
the east to avoid a lack of opportunity for street connections. A third street connection to the east would
likely be created when the northern property was platted. Yapp said most of the emails and phone calls
he had received were from neighbors regarding the traffic issue and why the proposed plat only had
access to Court Street and not Lower West Branch Road. When the property was annexed, the City and
the applicant agreed that only the southern half of the property would be allowed to develop from Court
Street. The City did not want to allow access to Lower West Branch Road until it had been improved to
meet City standards, which included paving, curbing, guttering and sidewalks. The requirement in the
Conditional zoning agreement stated once the improvement of Lower West Branch Road was funded by
the City in the capital improvements program, the northern half of the property could begin to be
developed. When the nodhern 20 acres are developed, connections to Lower West Branch Road will be
required, so Staff saw the lack of connection to Lower West Branch Road as a temporary situation. There
was also one local street connection to Elgin Drive.
Yapp said he had also received comments from the residents of the area regarding the intersection of
Court Street and Scott Boulevard and the traffic impact the development would create. He said the
development was in conformance with the Iow density single family zoning. The City Transpodation
Planning Division did not feel a traffic signal at Scott and Court was currently warranted due to existing
traffic levels. However, they did feel a signal would be warranted in the future when this property and the
Windsor Ridge properties were developed. Yapp said Staff would continue to monitor the intersection.
Yapp said the only outstanding design issue that Staff had was the open space; not the quantity but the
location of neighborhood space for parkland or playground area. Approximately 11 acres of open space
was provided in the form of a 100 - 150 foot greenway corridor through the property with open space
along Court Street, which mimicked Scott Park on the south side of Court Street. Yapp said Staff was not
against having open space along Court Street, but the Parks & Recreation Director and Planning staff felt
more centralized open space was needed for parkland within the central part of the neighborhood. He
said the Recreation Commission would discuss this at their December 12th meeting and their comments
would be available for the December 20th P&Z Commission meeting. Yapp said the Northeast District plan
showed one way for providing centralized open space. When the area was annexed Staff had discussed
with the applicant providing centralized open space adjacent to the greenway system as another option.
An additional open space issue was Outlots A and B at the southeast corner of the plat. The Parks &
Recreation Commission would also discuss whether the Outlots would be accepted as open space or not.
Yapp said Staff recommended approval of the sensitive areas rezoning and deferral of the plat pending
the open space discussion by the Parks &Recreation Commission.
Shannon asked, why on the west side of the plat where all the cul-de-sacs were located was the street
not platted through to the Scott Boulevard area. Yapp said he did not recall the rational behind that. He
said there had been an opportunity to extend Washington Street a couple of years ago, and Staff had
recommended the extension, but the developer had resisted that citing the wooded slope in that vicinity.
The end result of the discussion was that the Commission and the Council agreed to not require a street
extension, but did require a pedestrian walkway easement. Shannon said he remembered that particular
discussion well and it was the owner who did not want the trees to be disturbed. After the decision had
been made to move the street and veer it to the south, now the forest had all been platted and the lots
were for sale. Shannon said it was probable that many of the trees would be removed when houses are
built. He felt the Commission may have made a mistake and perhaps a way should have been found to
put the street through the area. Miklo said there was a potential for a street to curve back around to
Hummingbird Lane if that tract of land ever developed. The area was shown with a cul-de-sac and a stub
so it could potentially go on to the north.
Bovbjerg asked about the walkway that came down from Scott Blvd and ran between two cul-de-sacs,
then it appeared as an easement over a storm sewer. Yapp said currently that was labeled as a storm
Planning and Zoning Commission Minutes
December 6, 2001
Page 9
sewer easement. Staff would talk to the Parks & Recreation Commission regarding carrying the walkway
easement all the way to the trail. Bovbjerg said since there was already an easement there it appeared to
be a 'natural'. Yapp said it would have to be widened to be a walkway easement. Bovbjerg asked at what
point would the City look at installing a traffic signal at the Court StreetJScott BIvd intersection, how long
would it take for the analysis and to get it up and running once the determination had been made that
lights were warranted. Yapp said the analysis required a number of days of traffic counts. There were a
number of things that could trigger the requirement of a traffic signal such as volume or turning
movements, particularly left hand turn movements. Yapp said Staff anticipated that as more of that area
and the Windsor Ridge area were developed, a signal would likely be warranted. From the time the
determination was made to the time a signal was put in place, could be relatively quick or it could take a
number of years depending on Council funding for the particular signal.
Bovbjerg asked what role did a school district have on the signal determination. Bovbjerg said she was
aware that in this district and others, funding had been received for bussing within the district due to
children having to cross heavily traveled roads. Yapp said to his knowledge the school district had not
ever financially contributed to a traffic signal. He said another consideration was the number of
pedestrians crossing the intersection and whether pedestrian walk lights would help the movement of
pedestrians through the intersection. Bovbjerg asked if there were any traffic lights along the length of
Scott Blvd from Highway 6 to Rochester Avenue. Yapp said there were not, but a signal at either Lower
Muscatine Road, Rochester Street or at this location would help to improve all three intersections. By
putting a traffic signal in, it would create gaps in the traffic flow which would carry through to the next
intersection, but stop signs would not create the same gap effect in the traffic stream. Yapp said Staff
would continue to monitor the traffic flow through the area through their annual traffic count program.
Hansen asked, when Lower West Branch Road and the north end of the property were developed, would
that require an amendment to the Northeast District plan. Yapp said not that he was aware of. Hansen
said the layout of the roads would not be conducive to the neighborhood commercial that had been
designated in the Plan. Yapp said the town square idea was not located within the plat being discussed.
Hansen said that when everyone owned a different piece of the property and had a different concept,
trying to get what was put forth in the district plans to come together and conform to what was written in
the district plans would be very difficult. Miklo said the plats that had been reviewed so far did not prevent
the town square. Staff had had discussions with the property owners in that area and put everyone on
notice that the town square was expected. Hansen said on the Nodheast District Plan graphic, the town
square effect looked very accessible by foot, however when he looked at the plat for the subdivision,
everything ran in different directions. Hansen said he did not understand how developers arrived at their
concepts when there were District Plans in effect. Yapp said in Staff's mind what was desired was an
interconnected street network and they had tried to show that on the Northeast District Plan graphic.
However, there was language in the plan that said that design was not set in stone, but in principal the
interconnected street network had been established. Yapp said he felt the subdivision accomplished that,
particularly on the east side of the creek. There was an inter-connected street network, there were
options for extending the street network to the remaining properties to the north and to the east, and there
were opportunities to extend the streets to the town square, but they might not be able to go in at a
diagonal. Yapp said in Staff's mind exactly how the streets connected to the town square was not as
important as that they connected to it.
Chair asked to see the concept sketch overlaid onto the specific parcel of land being looked at to see how
it fit into the District plan. Yapp said they would have that for the next meeting.
Shannon said he remembered that when they worked through the Plan, it was understood that this was
not "the plan", but it was basically a nice picture of how they would like to see the neighborhood built.
Yapp said Shannon was correct. Yapp said when Staff had laid out the street network for the Northeast
District Plan they had looked at issues like topography, stream corridors, and any sensitive features that
needed to be avoided. It was a vision of how the principles of the plan could be enacted but it did not
preclude other possible street networks. Miklo and Yapp both said Staff still felt the town square was a
realistic concept. Shannon said he did not want to see the Commission get locked into a concept of "This
is the Plan" when the developers of an area might have a better idea. Yapp said Staff recommended
approval of the plat pending the open space issues, even though the street network was different than
what was in the Northeast District Plan. Yapp said he felt in principal it met the same connectivity issues.
Planning and Zoning Commission Minutes
December 6, 2001
Page 10
Chait asked how Staff could recommend approval of the Plan pending resolution of the open space
issues as they were major open space issues. Yapp said one way to provide more interior open space
was to eliminate some of the lots along the creek leaving the rest of the plat the same and replacing those
lots along Court Street. Yapp said Staff recommended deferral of the plat request.
Public discussion was opened.
Glenn Siders, South.qate Development, said, with respect to the walkway that the Commission had
discussed earlier, their original concept had proposed a 25-foot walkway, but the City had insisted it be
50-foot. The existing walkway was 25-foot and in the discussion of an upcoming agenda item, the
Commissioners had used the numbers of a 15-25 foot walkway. Siders said Southgate would be happy te
put in a 25-foot walkway but they could not accommodate a 50-foot walkway. Yapp said the 50-feet
requirement came from the Parks Office. He said there was a code requirement in the Neighborhood
Open Space code that stated, openings onto public open space should be 50-foot wide. Miklo said Staff
had been looking at an earlier design before there were streets that provided good access to the park
when they requested 50-foot walkways. Yapp said he would discuss the issue with the Parks &
Recreation Director.
Don Cochran, 64 Ed,qewood Circle, said he had concerns regarding accessibility to the green space
because there did not appear to be accesses through any of the lots. However, in the subdivision on the
other side of Court Street, there were multiple sidewalk accesses to the green space. Yapp pointed out
locations where there would be accesses from the sidewalks and he said a trail had also been proposed
along the drainage way that would connect to the sidewalk system. The developer had agreed to
construct the trail.
Cochran said he had two small children who walked to (Helen Lemme) School daily and had to cross
Scott Blvd. He requested more explanation be given regarding traffic signal criteria and asked if the
criteria were based on traffic type, not just traffic numbers. He said it was well known that Scott BIvd was
the through fare for all the semis that accessed the industrial parks, and combined with all the traffic that
would not yet be able to exit off West Branch Road, would cause major conflicts. From a topography
standpoint, he said there were large hills and crests in the area and he would like to know more about the
street]housing layout as he did not wish to have a large house blocking his view. Yapp said a grading
plan had been submitted and he would mail it to Cochran. Cechran said he felt the developer had done a
nice job of addressing the lay of the land in the area.
Monica Maloney-Mltros, 3710 Hummingbird Lane, asked to speak to a comment made earlier by Mikle.
She said during the annexation of Hummingbird Lane there had been some conversation as to
Hummingbird Lane not becoming a thoroughfare. Now Miklo had commented that a proposed road might
connect to Hummingbird Lane, making it a through fare. She said persons would use this shortcut to
come in rather than traveling to the larger road, and the neighborhood had already seen that happen with
the undeveloped Lower West Branch Road and persons going out ef town in that direction. She asked
that consideration be given to the traffic that could flow in when Hummingbird Lane was not intended to
be a thoroughfare. Bovbjerg asked if that designation er legal language was in the annexation. Mikle said
it was one's definition of what a thoroughfare was and Staff did not feel the number of households that
would be accessed would constitute a thoroughfare. Miklo said it was simply a potential, there was no
plan for it. Maloney-Mitros said she wanted her comment on file so when the development of the northern
part happened it would be known. She said she felt that this was not very considerate and it was almost
going back on something that was already discussed. She was surprised to hear Miklo's comment and
felt the need to comment on it. Bovbjerg said it would depend on who owned the property at the end of
Hummingbird Lane if and when that person decided to sell to have a road put through. That would be a
whole different layer of neighborhood consideration and that was something the neighborhood would
need to be cognizant of. Maloney-Mitros said she felt it would be beyond the control of the neighborhood
and had wished te make her comments known.
Tom Gellman, 714 McLean Street, legal counsel for Southgate Development. He said he wished te
comment on the issues related to the park as those seemed to be critical issues from the City's
standpoint. He had read the Northeast Planning District plan, specifically the section which referenced
parks. He said that the proposed park was within 3 to 4 blocks of every residence of the subdivision and
the park was four times that which was required by the open space ordinance. Gellman said it gave a
misimpression to only look at the boundaries of the subdivision and was more helpful to look at the map
Planning and Zoning Commission Minutes
December 6, 2001
Page 11
in relationship to the existing development and potential future development. It could be seen that the
parkway was extremely centrally located and did in fact serve as a central location. He said what was
needed was when the adjacent lands were developed, to give consideration as to where they should
locate their parks. He said Southgate's position was that it had complied with the parks standard that was
in the ordinance. The additional requirement by the City for further space was unnecessary to be in
compliance with the District Plan.
Bovbjerg asked Gellman if he had seen the Planning Department's sketch which showed that the lots
could be somewhere else. It was not a question of how much but of placement. Gellman said he had
seen the drawing and did not find it to be compelling in the least. He said the placement where the lots
were currently made much more sense in terms of road system infrastructure instead of putting them
along Court Street, which created an access problem.
Irvin Pfab, 505 E. Jefferson Street, said he had a problem with lot #231 and how the space was handy to
only some of the residents. It appeared the green space was not centrally located. He asked for
clarification regarding green space. Yapp made the clarifications.
Hansen asked if the applicant had made any set aside percentage for affordable housing in the
development. Siders said they had not, but they had entered into some very preliminary discussions with
the City but it was too early to put it on the table.
Public discussion was closed.
Motion: Anciaux moved to defer REZ01-00023/SUB01-00025, an application submitted by Southgate
Development for a preliminary plat and sensitive areas rezoning of Lindemann Subdivision, an
approximate 95 acre, 262-1ot residential subdivision with 8 outlots, located north of Court Street, south of
Lower West Branch Road, and east of Scott Park Drive/Hummingbird Lane, to the December 20, 2001
meeting. Seconded by Chait.
The motion passed on a vote of 6-0.
DEVELOPMENT ITEMS:
SUB01-00023, discussion of a preliminary plat of Apex Commercial Park, a resubdivision of Lot 2,
Donohoe Fifth Subdivision, a 6.55-acre, 9-lot commercial subdivision located south of Highway 1 West at
Landon Avenue S.W. (45-day limitation period: Waived.)
Miklo presented Staff report. The subdivision had been deferred to allow for the preparation of a traffic
study by the developer. Shive-Hattery had completed the study and it was reviewed by the Johnson
County Council of Governments. Jeff Davidson, JCCOG Transportation Planner, did not concur with the
finding that turn lanes were not necessary. In his memorandum of November 20th, Davidson said that
based on information in the study itself, he felt turn lanes were warranted. Davidson had attended the
December 4 informal Commission meeting to answer Commissioner's questions. Miklo said based on
Davidson's interpretation of the data from the traffic study and due to safety concerns, Staff
recommended that the subdivision only be approved provided that the applicant agreed to provide turn
lanes or reached an agreement with the Iowa DOT to build the turn lanes.
Bovbjerg asked what would warrant the County installing the turn lanes. Miklo said, as already presented
to the Commission, current County budget constraints prevented the County from installing the turn lanes.
Public discussion was opened.
Tom Anthony, Landmark Surveying and Engineering. He said the developer of Apex Commercial Park did
not feel Staff's recommendation was warranted. He said the area was within the two-mile jurisdiction and
was not within a growth area but in the fringe of the fringe area. The subdivision was actually located in
what was called Old Man's Creek watershed and the entire watershed drained to Hills. Because it was a
water shed area, it almost certainly precluded Iowa City's growth area from moving any further west than
it already had established itself. He said Apex could have marketed the property in two larger lots, rather
than smaller lots, but the large lots created major stumbling blocks in the areas of traffic generation and
septic analysis. Anthony said to get lower intensities, the creation of smaller lots was necessary and
Planning and Zoning Commission Minutes
December 6, 2001
Page 12
infringed on their ability to develop the properly. Another self imposed limitation was the health limitation
with conventional septic systems. The maximum allowable commercial system was 1500 gallons per day
per user without obtaining DNR permitted centralized systems. There were only four designated areas to
serve the nine lots, so each of the four units could only sustain 1500 gallons per day. With 3 lots sharing
the central system, each lot was limited to 500 gallons per day per lot. The conventional systems could
process domestic waste only. Specific commercial uses could require other types of septic and waste
treatment that were not allowed in that area. Anthony said the health department had become very strict
in their enforcement to the extent that commercial uses were governed by waste water management
plans, which were similar to erosion control plans that regulated City and State sites. The plans required
the metering of all the water and yearly permits which were reviewed by the County. If a person did not
live up to or follow the usage that they promised they would, the individual/business would not be issued
another permit which could force them out of business. The County Building department in commercial
review required the Health Department to work in partnership with them so they were pre-approving any
building permits through the Health Department before they could be approved in the Building
Department. This created many checks and balances. Anthony said they were trying to convince the
Commission that through their self-imposed restrictions and covenants, and the County's control over
these systems, enough traffic would not be generated to warrant the turning lanes Staff had
recommended.
Anthony said at the informal meeting, Hansen had requested cost information. The $360,000 figure was
correct for the turning lane cost at Gateway. To divide that by 9 lots, would give a $40,000 per lot
expenditure in infrastructure. Anthony said that in itself was the kiss of death to this entire project and
maybe even to this property. Gateway had 62 parcels to spread the cost over, instead of 9 parcels, but
even then it came to almost $6,000 per unit which was a healthy fee to require of any developer. Anthony
said they felt there was a market for "Commuter Commercial." At the Gateway Project, many Iowa City
businesses had their deliveries and trucks delivered to their mini warehouses, then when product was
needed, they would go out to the Gateway Project and pickup their inventory. This was more efficient for
the businesses in allowing them to deal with smaller quantities of inventory and did not require semi
trucks to enter and exit their Iowa City business properties. Anthony said it was beneficial to many Iowa
City businesses to have a satellite distribution on the fringe of town which helped them in the
transportation of their goods and services. He said the developers felt that the same type of operation in
the southern quarter for businesses traveling to the Kalona and Washington area would prove a need for
their subdivision. He said other types of smaller businesses could also locate on a .5 acre lot. Anthony
said by keeping everything small and being under control of the County on the health and size of their
area, it would be impossible to generate the amount of traffic that would be necessary to trigger them into
the expenses required for the turn lanes.
Chair said he felt Anthony was talking to the wrong people if he disputed the findings of the traffic study.
Chait said it was his opinion that Anthony needed to educate Davidson and the County in order to come
up with a different assessment of the project was if he felt the study was incorrect. Miklo said Davidson
had anticipated the discussion that septic systems would limit the potential use of the properly and in his
memo had pointed out that there were mechanical waste treatment systems that could be installed and
which would result in a more intensive use of the property. Therefore, Davidson felt septic systems were
not a valid way to control the traffic situation.
Behr said if the ultimate goal was to limit the amount of traffic generated, that would be very difficult to do
in legal papers for a subdivision and it would be very difficult to enforce. Bovbjerg said a connection
between sewer ability and traffic would be difficult to make. Behr said he would also want to look into the
legality of stipulating a certain sewer system so traffic was not generated. Anthony said that had already
been done in another county subdivision. The legality portion was tied to building permits. When "x"
number of building permits had been issued on "x" number of lots, there were not any more issued. The
factors had already been determined in that so many lots created so much traffic; the threshold had been
crossed once all the permits had been issued. If the builder wanted to build one more lot, they had to
build the turn lanes. Behr said that would be a case to study. Miklo said that over time, there was no
guarantee that businesses that had been permitted in the area because they had Iow sewer requirements
wouldn't change hands. Anthony said technically the County Attorney had ruled that CZA zoning was not
allowed. What was allowed went with platting documents and not with zoning.
Anciaux said since the location was on a State Highway located out in the County, but within the two mile
zone, did the State require turn lanes in this situation. Miklo said the State would defer to the City's and to
Planning and Zoning Commission Minutes
December 6, 2001
Page 13
the County's judgment, the State rarely got involved in these matters. According to Anthony, in almost all
cases like this, the County Engineer's official recommendation was, "This is a State Highway, it was not
under County jurisdiction." Anciaux asked for clarification that it was the Commission's reason for
requesting the turn lanes because "x" number of years down the line this property would probably be in
the City limits at some time. Miklo said the issue was bigger than that. The property was located within the
two mile zone and the State gave the City the ability to review subdivisions within the two miles.
Chair said the same argument had happened for Gateway. Miklo said that was correct and the County did
over rule the City, but the County did require Gateway to pay their fare share in terms of providing
services that were needed such as the turning lanes. Chair said at this point he was not ready to examine
the merits of the request. He asked if it was feasible for the Commission to say something similar to what
the Council had said to the Fairway parties, "We think this might be an appropriate use, work out your
differences and bring us back a way that this can happen." Miklo said the Commission could do that, but
Staff's recommendation was that there were safety issues present and before development occurred on
the site, the turn lanes should be installed. Behr said the item could be deferred, with the owner's
agreement to deferral. Bovbjerg said the Commission had data and repods from several experts all
saying different things and she felt the Commission needed to know a little more or to see how it all
blended before overruling anyone.
Leland Belding, Shive Hattery En,qineers, had prepared the traffic study. In a PowerPoint presentation, he
reviewed the processes that the engineers had gone through, showed a peak hour simulation of the traffic
on the roadway, and addressed comments made by Davidson in his memo.
Koppes asked Anthony for a clarification as to how he arrived at the figures he used for the septic system.
Belding said that was only one of the factors they had looked at. He said they also looked at the sewer
system, trip generation handbook for this type of a development, the parking requirements, and the
people who were in discussions for occupying the developments, what their businesses were and what
their needs would be. Belding said it had been mentioned that the DOT did not have the funding for the
turn lanes, it had been on their plan to go to the Super 2, and in 10 years they may have the funds to
widen the highway.
Mike Pu,qh, 321 E. Market Street, attorney for the applicant. Pugh said Belding's report had been
prepared at the City's request and concluded that the traffic count did not warrant any improvements were
needed to the road. A recommendation had been made to have a third-party engineering firm perform the
study and make an independent recommendation, so the applicant had hired Shive Hattery instead of
using Anthony's firm. Pugh said Davidson's memorandum attempted to discredit Belding's repod and it
was inaccurate to consider projected use. The more appropriate way was to use business park figures
that had previously been modeled and Belding's report utilized site-specific criteria. That was the
difference between the two reports. Pugh said the size of the sites (1.5 acres each) and the market itself
would prohibit a lot of businesses from locating in that development. He said the applicant was willing to
go one step further and restrict uses of the property by use of a subdividers agreement or restrictive
covenants. Pugh said Belding's report was more accurate because it took into consideration site specific
things.
Miklo said in Davidson's memo, he did not say site specific things should not be considered, but Davidson
did question the validity of saying there would never be more intense uses on the site because of the
septic system. Miklo also pointed out both the applicant's engineer and Davidson came to the same
conclusion, given the traffic volumes shown on the graph, turn lanes were warranted. Belding responded
to the reference to the Warrant Chad. It was only a guideline/starting point, and meant further study
utilizing engineering judgment based on site criteria was needed. He said the operational aspects should
also be considered at that point. Belding asked if there were a higher authority who could review the issue
as the experts were in disagreement with each other. He said a report would also have to be submitted to
the DOT showing the traffic analysis, and the DOT would need to approve the access to their facility and
the relocation of the connection.
Koppes asked if the driveway to the west could be closed so as to have only two driveways. Anthony said
it might be possible to combine two of the driveways, but already there were two businesses sharing a
driveway. It was not possible to get the drive to the area Koppes referenced, so no it would not be
3ossible.
Planning and Zoning Commission Minutes
December 6, 2001
Page 14
Belding clarified for Anciaux that the DOT had planned to make Highway 1 into a Super 2. The State
would widen the highway, put in the shoulders, the turn lanes, add passing lanes on hills, fix all the safety
issues, and operational issues on a two lane. The funding had currently been pulled for the project, but
Belding said it was still on the State's wish list and in the future who knew what could happen. Anthony
said they had been told if and when Super 2 came in, it was the State's objective to limit
driveways/accesses and they would force the driveways closed or create a frontage road. The DOT intent
was to narrow it down to the Landon Avenue intersection. They had done their best to include the other
businesses into their scheme so the DOT would not close their driveways and this would also help the
DOT. He said in their plans with the septic systems, there was not room for a frontage road.
Bovbjerg said she would suggest a motion be made to defer the item so the applicant's traffic people and
City traffic people could discuss the item further so the Commission did not have to make an engineering
analysis decision. Behr said it was still unclear if the applicant were asking for a vote or for a deferral. If
they asked for a deferral, they could then propose restrictive covenants to City Staff such as they had
mentioned earlier and do it in their timeframe. Chait suggested the Commission request Staff and the
applicant get together to bring them something that the Commission could support, if they so chose.
Bovbjerg said they needed real information to make a decision and not just a compromise.
Pugh said it was their consensus that if the Commission felt they needed or would like more information,
they would request a deferral and in the interim, they would propose some restrictive covenants which
restricted the use and the type of septic system to be used on the property, which would in tern affect the
traffic use on the property.
Chair made a motion to defer SUB01-00023, a preliminary plat of Apex Commercial Park, a resubdivision
of Lot 2, Donohoe Fifth Subdivision, a 6.55 acre, 9-lot commercial subdivision located south of Highway 1
West at Landon Avenue S.W. Shannon seconded the motion.
Anciaux said he would prefer to vote on it yet that evening. Chait said he was leaning toward voting for a
deferral. Shannon called the question.
The motion passed on a vote of 6-0.
SUB01-00026, discussion of an application submitted by Southgate Development for a preliminary and
final plat of a Resubdivision of Highlander First Addition, Lots 8-'14, a 21.87 acre, 7-lot subdivision with 2
outlots, located at the eastern terminus of Northgate Drive. (45-day limitation period: 1/12/02).
Miklo said Staff had met with the Shive Hattery engineer who was working on the subdivision design
earlier in the day. He was working on correcting the deficiencies and addressing the sensitive areas
ordinance and how it might apply to the plat depending on the presence of wetlands. Miklo said Staff
recommended deferral to the December 20th meeting.
Public discussion was opened. There was none. Public discussion was closed.
A motion was made by Hansen to defer SUB01-00026, an application submitted by Southgate
Development for a preliminary and final plat of a Resubdivision of Highlander First Addition, Lots 8-14, a
21.87 acre, 7-lot subdivision with 2 outlots, located at the eastern terminus of Northgate Drive. Chait
seconded the motion.
The motion passed on a vote of 6-0.
SUB01-0003q, discussion of an application submitted by Arlington L.C. for a preliminary plat of Stone
Bridge Estates, Part 2, a 13.98-acre 52-1ot residential subdivision located north of Ashford Place, south of
Lower West Branch Road. (45-day limitation period: 12/30/01 ).
Miklo presented Staff report. He said the only outstanding issue was Staff's request for a walkway
somewhere between lots 9 and 18. Miklo said Staff had had discussions with the applicant, had visited
the site and the applicant had agreed to a walkway somewhere on either side of lot 18 or on the north
side of lot 19. He said Staff recommended approval subject to the walkway in the vicinity of lots 17 to 19.
Public discussion was opened. There was none. Public discussion was closed.
Planning and Zoning Commission Minutes
December 6, 2001
Page 15
A motion was made by Hansen to approve SUB01-00030, an application submitted by Arlington L.C. for a
preliminary plat of Stone Bridge Estates, Part 2, a 13.98-acre 52-1ot residential subdivision located north
of Ashford Place, south of Lower West Branch Road, subject to a walkway in the vicinity of lots 17 to 19.
Koppes seconded the motion.
The motion passed on a vote of 6-0.
ANNEXATION/ZONING ITEM;
ANN01-00005/REZ01-0002~, discussion of an application submitted by The Waverly Group, Inc to annex
4.01 acres located south of Rochester Avenue (Herbert Hoover Highway) and rezone it from County C-1
to Commercial Office (CO-1), (45-day limitation period: 12/30/01 ).
Miklo said Staff recommended approval subject to the owner agreeing to connect to City water service
within five years of approval of the annexation, the installation of fire hydrants per the Fire Marshall's
specifications and connection to the City's sanitary sewer system when it became available to that
property. Staff also recommended that the property be rezoned to CO-1.
Public discussion was opened.
Dennis Mitchell, 122 South Linn Street, said the applicant's impetus for coming into the City was the
applicant wanted to hook up to the City's water system at some time in the future and they needed to be
part of the City to do so. The applicant requested the Commission vote on the item yet that evening in
order to streamline the process.
Public discussion was closed.
Hansen moved to approve ANN01-00005/REZ01-00025, an application submitted by The Waverly Group,
Inc to annex 4.01 acres located south of Rochester Avenue (Herbert Hoover Highway) and rezone it from
County C-1 to Commercial Office (CO-1),. subject to the owner agreeing to connect to City water service
within five years of approval of the annexation, the installation of fire hydrants per the Fire Marshall's
specifications and connection to the City's sanitary sewer system when it became available to that
property. Anciaux seconded the motion.
The motion passed on a vote of 6-0.
COMPREHENSIVE PLAN ITEM:
Setting a public hearing for December 20th on amendments to the Comprehensive Plan, South District
Plan, to depict the location of an easfJwest arterial street between Gilbert Street and Sycamore Street and
to change the South Gilbert Street land use plan to add commercial area at the intersection of South
Gilbert Street and the proposed easb'west arterial street.
Chait asked what the process meant and how many public hearings were required. Miklo said as many
hearing as were needed. He advised Staff to defer this item until the next year to give themselves plenty
of time. Miklo asked the Commissioners to read the South District Plan as much of the evening's
discussion was addressed in the Plan. Bovbjerg said setting a public hearing did not necessarily mean
they would vote on the item in the same evening. Koppes asked if the Southgate item was also deferred.
Miklo said he did not foresee voting on the Southgate item before the Comprehensive Plan.
Koppes made a motion to set a public hearing for December 20th on amendments to the Comprehensive
Plan, South District Plan, to depict the location of an eastJwest arterial street between Gilbert Street and
Sycamore Street and to change the South Gilbert Street land use plan to add commercial area at the
intersection of South Gilbert Street and the proposed east/west arterial street. Chair seconded the motion.
The motion passed on a vote of 6-0.
Planning and Zoning Commission Minutes
December 6, 2001
Page 16
CONSIDERATION OF NOVEMBER 1 & 15, 2001 PLANNING AND ZONING COMMISSION MEETING
MINUTES.
Bovbjerg had submitted revisions to the minutes to Miklo.
Anciaux moved to accept the minutes as submitted by the Chairperson with the noted corrections.
Hansen seconded the motion.
The motion passed on a vote of 6-0.
ADJOURNMENT:
The meeting was adjourned at 11:28 pm.
Dean Shannon, Secretary
Minutes submitted by Candy Barnhill
ppdadminlminlp&zl 2-06-01 doc
FINAL/APPROVED
POLICE CITIZENS REVIEW BOARD
MINUTES - NOVEMBER 13, 2001
CALL TO ORDER Chair John Stratton called the meeting to order at 7:00 P.M.
ATTENDANCE Board members present: Bill Hoeft, Loren Horton, Bev
Smith, John Stratton and John Watson. Staff present: Legal
Counsel Catherine Pugh, PCRB staff Kellie Tuttle and Kathy
Venem. Also in attendance was Lieutenant Dan Sellers of
the ICPD. Members of the public: Sandra Teig and two
others, not identified.
CONSENT
CALENDAR Motion by Watson and seconded by Horton to adopt the
consent calendar as amended:
a. Minutes of the meeting on 10/09/01
b. ICPD Watch Training 02-06
c. ICPD Standard Operating Guidelines 01-01 (Mass
Arrest/Disturbance)
d. ICPD Standard Operating Guidelines 01-02 (Serious
Injury Notifications)
e. ICPD Standard Operating Guidelines 01-03 (Emergency
Communications)
f. ICPD Standard Operating Guidelines 01-04 (Stop Stick
Deployment)
g. ICPD Standard Operating Guidelines 01-05 (NSF
Checks)
h. ICPD Standard Operating Guidelines 01-06 (Suspicious
Packages)
i. ICPD Department Memorandum 01-55
j. ICPD Use of Force Report - September 2001
At the request of Watson, Lt. Sellers explained the difference
between a standard operating guideline and a general order.
A standard operating guideline is general guideline. They
are written more loosely so investigating officers have more
latitude to do different things. A general order is more
specific and to the point. It is mandatory and allows less
discretion.
Motion carried, 5/0, all members present.
NEW BUSINESS Brief introductions were made by the Board members. No
other new business.
OLD BUSINESS The Chief's report for complaint number 01-02 has not been
filed yet. The report deadline is November 15, 2001. Lt.
Sellers had no information regarding the complaint.
FINAL/APPROVED
Watson reported he has had no further contact with the City
Manager regarding complaint number 01-01. Legal Counsel
Pugh stated she had spoken with Asst. City Attorney Sarah
Holecek regarding the complaint. They agreed to disagree.
Holecek was interested in knowing what the Board felt was
an appropriate age for consent but Pugh explained that the
Board had not formulated an opinion as to an appropriate
age or guideline to determine an appropriate age. Holecek
is in the process of drafting a policy with regard to minor
consent. Pugh offered that the Board would review such
policy for comment if requested to do so.
PUBLIC
DISCUSSION At the Chief's request, Lt. Sellers extended an invitation to
the PCRB to attend the five week MATS training starting in
January. The Chief offered to make time for the Board and
officers to discuss any issues they might have. Hoeft
showed interest in having a panel discussion. The rest of
the Board members seemed to be interested in attending at
least part of the training. Sellers suggested maybe an hour
each week at a specific time might be enough. It would be
an opportunity for the Board to meet all officers since it is
mandatory training. Stratton commented that the Board is
pleased to have the opportunity to meet with the officers.
Sandra Teig attended the meeting at the suggestion of her
lawyer, detailing her arrest in the fall of 2000. Stratton
inquired if she had come with a request for the Board.
Watson then explained that the Board acts on specific
complaints against an officer, and noted a 90-day statue to
file a complaint. Legal Counsel Pugh suggested she speak
to her attorney about whether there is any recourse available
to her at this time. Since there is not a time limit on speaking
to a supervisor within the Police Department, Hoeft
suggested she speak to the officer's supervisor or one of the
captains about the incident.
MEETING
SCHEDULE
· December 11,2001,7:00 P.M., Lobby Conference Room
· January 8, 2001,7:00 P.M., Lobby Conference Room
· January 22, 2001,7:00 P.M., Lobby Conference Room
· February 5, 2001, 7:00 P.M., Lobby Conference Room.
2
FINAL/APPROVED
BOARD
INFORMATION The Board discussed their schedule for the upcoming year.
Hoeft will be gone about a week and a half in January.
Horton will be gone from February 16 through the end of the
month. Stratton will be gone from approximately February
10 - 25. Smith should be available, and Watson will be out
of town February 11 through sometime around the 17th.
Stratton briefly explained the Public report process to Hoeft
and Smith. The Chief's report comes to the Board and the
Board discusses the report. One member volunteers to write
the Board's report and another volunteers to review it before
it comes back to the Board for editing and approval. Legal
Counsel then reviews it before it is submitted to the City
Council. The Board has 45 days from the time the complaint
is filed at the City Clerk's office to submit their report. In
most cases the Board usually needs to hold two or more
meetings a month when they have a deadline.
Watson received the Police Use of Force in America 2001
booklet published by the International Association of Chiefs
of Police from former board member Paul Hoffey. Watson
asked that the booklet be added to the next packet. He
would like the Board to compare the report to the Iowa City
Police Department's Use of Force reports.
STAFF
INFORMATION Tuttle informed the Board that the Boards and Commissions
Annual Reports are printed and there would be a copy
available to review in the Clerk's office.
Tuttle stated that all board members should have received
the Citizen's Police Academy brochure and application. The
City will cover the fee if any of the board members wish to
attend. Watson highly recommended it.
Tuttle also checked with the Board to see if Bob Hardy from
Cable could do some video taping of the meeting on
December 11,2001 for the PCRB video. The Board agreed
to the request.
ADJOURNMENT Motion for adjournment by Horton and seconded by Hoeft.
Motion carried, 5/0, all members present. Meeting
adjourned at 8:10 P.M.
3
MINUTES ~
SENIOR CENTER COMMISSION FINAL/APPR~
TUESDAY, NOVEMBER 20, 2001
MEMBERS PRESENT: Lori Benz, Jay Honohan, Allan Monsanto, Deb
Schoenfelder, Carol Thompson, Charity Rowley,
and Jim Schintler.
MEMBERS ABSENT: Bill Kelly and Joanne Hora
STAFF PRESENT: Michelle Buhman, Linda Kopping, Susan Rogusky
and Julie Seal
GUEST: William Laubengayer
CALL TO ORDER
Honohan called the meeting to order at 3:00 p.m.
MINUTES
Motion: To approve the October minutes as distributed. The motion carried on a
vote of 7-0. Rowley/Monsanto
PUBLIC DISCUSSION
None
PARKING FACILITY STRATEGIC PLANNING COMMITTEE UPDATE- Kopping
Kopping and Buhman met with ASI Signs Systems representative Tom Groth last week
to discuss several interior signs and the skywalk donor plaque. Kopping directed Groth
to use the word "skywalk" rather than "pedestrian bridge" on the donor plaque because
skywalk is more commonly used. She noted that throughout the planning, fundraising,
and construction phases the architects were the only people who ever referred to it as a
pedestrian bridge. The plaque design will be finalized as soon as the staff is reasonably
sure all the corrections have been made to the donor list. A mock up has been on
display for several months and a few people are still reporting errors or requesting
changes to their names.
New flooring has been installed adjacent to the west elevator on the third floor of Tower
Place. The flooring has an uneven surface and several participants and staff members
are concerned that the surface may cause problems for people who park on a different
level of the ramp and must use the elevator and walk over this flooring to access the
third floor skywalk. Kopping spoke with the City engineers and Joe Fowler, Director of
Parking and Transit, about the flooring surface and reported that everyone indicated that
the floor is ADA compliant.
Honohan will speak with members of the law firm that installed the flooring about the
possibility of changing the floor surface. He will report his findings at the December
meeting.
28E COMMI'I-I'EE UPDATE - THOMSON
The Committee has not met since the October Commission meeting. The next meeting
is scheduled for November 27, 2001, and will be reported on at the December
Commission meeting.
C:\TEMP\November01 .doc
MINUTES 2
SENIOR CENTER COMMISSION
TUESDAY, NOVEMBER 20, 2001
BUILDING USE POLICY REVIEW COMMITTEE - Benz
The Building Use Policy Review Committee recommended denying the Englert Theater
Group's request to provide operational space for a segment of their New Years Eve
program. Committee members also recommended denying the group's request to
support the event by asking Senior Center staff to coordinate several programs to occur
in conjunction with the holiday program. This recommendation is based upon the fact
that the New Years Eve program is a fundraiser for the Englert Group and does not
comply with the Center's mission or policy related to fundraising at the Center. In
addition, Senior Center staff members are unavailable to work during the event.
In order to clarify the Center's policy statements related to fundraising, the Committee is
reviewing and revising the Center's current fundraising and building use policies.
Recommendations for changes in these policies will be presented at the December
meeting.
Motion: To decline the invitation to support the Englert Theater Group's New
Year's Eve fundraising event at the Senior Center. The motion was carried on a
vote of 7-0. Rowely/Schintler
SENIOR CENTER UPDATE
Operations - Kopping
The Waterproofing Project, which includes work on the outside windows and the Linn
Street stairs, is underway. Work on the windows on the Linn Street side of the building
has been completed, however the stairs may not be addressed until next spring.
The City Manager and members of the finance department are reviewing the Center's
proposed FY03 operational budget. Following any revisions they wish to make, the
proposed budget will be sent to the City Council.
Benz suggested looking into some creative financing to pay the wages of an additional
staff person for weekend and evening programming if this position is not approved as
part of the FY03 operational budget. Ideas, including the possibility of a corporate
sponsor to help provide funds for the part time staff person, were discussed. Benz
suggested the Commission brainstorm approaches to take for funding for this additional
staff person.
A committee comprised of Lori Benz, Joanne Hora, and Jay Honohan will meet after
Thanksgiving in order to discuss fund raising options for additional staff.
Kopping reviewed the peer reviewer's accreditation report that was included in the
Commission packets. The report recommended accreditation for the Center, but nothing
will be official until the next meeting of the Accreditation Board of the National Institute of
Senior Centers. The Accreditation Board meets twice a year.
Commission members discussed the Peer Reviewer's recommendation that the title of
the Coordinator be changed to Director. A second recommendation, to re-write the
Senior Clerk/Typist's job description so it accurately reflect the job's duties and then
seek an upgrade in job classification for this position, was also discussed.
12/21/2001c:\temp\november01 .doc
MINUTES 3
SENIOR CENTER COMMISSION
TUESDAY, NOVEMBER 20, 2001
Move: Honohan and Kopping will develop newjob descriptions and bring them
back to the Commission for discussion in December. Monsanto/Rowely 7-0.
Five holiday programs have been scheduled for December. The staff would like to
purchase some special refreshments for the approximately 600 people who are likely to
attend these programs. The total cost for refreshments at all these events is estimated
to be $350.00. Kopping asked for approval to use Gift Fund money to fund these
purchases.
Motion: Authorize the expenditure of up to $350 from the Gift Fund to purchase
refreshments for five holiday programs in December. The motion carried on a vote
of Rowley/Monsanto
Preqrams - Seal
Seal reviewed the events for December. Some highlights include a dance, and several
band conceals. For a complete listing of programs please see the December Post.
Volunteers - Rogusky
Rogusky reported that on December 1, 2001 the Center will padicipate in the Coralville
Holiday Bazaar.
The planning committee for the Johnson County Center for Learning in Retirement met
in November. Representatives from other successful Centers for Learning in Retirement
will attend the planning committee's December meeting and share ideas and
suggestions for implementing a new program.
SCTV's new equipment was damaged and has been sent back for repairs. Because the
equipment is under warrantee, there will be no charge for this service. The damage may
be related to some type of electrical problem in SCTV, so an electrician will be hired to
evaluate the wiring in the SCTV studio prior to the re-installation of the new equipment.
CITY COUNCIL -Honohan
Honohan reported that the Senior Center accreditation process has been completed and
about the opening of the Skywalk. He also reported on the status of the 28E Committee.
BOARD OF SUPERVISORS - Thomson
Thompson reported that the Board of Supervisors appreciated the recent cooperation
between the Senior Center and the Senior Dining program. The participant parking
arrangements for Senior Dining's Volunteer Recognition Dinner and the food that was
being purchased by the Center to supplement the Thanksgiving meal were specifically
mentioned.
COMMISSION DISCUSSION
Commission Appointments
Thompson reported that Hora has reapplied to be the county representative on the
Commission.
12/21/2001c:\temp\november01 .doc
MINUTES 4
SENIOR CENTER COMMISSION
TUESDAY, NOVEMBER 20, 2001
City representatives Honohan and Kelly also have reapplied to serve another term on
the Commission. Their appointments will be made at the City Council meeting on
November 27th.
Schintler, Monsanto and Schoenfelder will serve as the nominating committee for
Commission officers in 2003. They will present a ballot of nominated officers at the
December meeting.
Schintler is preparing the Post adicle from this meeting. He will also go to the Board of
Supervisors meeting this month and report back at the December meeting. Rowley will
go to the City Council to report on this meeting. Schoenfelder will go to the City Council
in December to report at the January meeting.
Motion: To adjourn, Motion carried on a vote of 7-0 Monsanto/Schintler. The
meeting adjourned at 4:45.
12/21/2001c:\temp\november01.doc