HomeMy WebLinkAbout2006-06-01 Info Packet
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CITY OF IOWA CITY
www.icgov.org
CITY COUNCIL INFORMATION PACKET
June 1, 2006
MISCELLANEOUS
IP1 Tentative City Council Meetings and Work Session Agendas
IP2 Memorandum from the City Attorney: Kragnes v. City of Des Moines - Supreme Court
Decision re Franchise Fees
IP3 Memorandum from the City Attorney: School Infrastructure local Option Sales Tax (SilO)
IP4 Memorandum from the Director of Finance to the City Manager: Question on delinquent
property tax collections
IPS Memorandum from the Assistant Director of Planning and Community Development: Status
report on traffic conditions on East Court Street between Summit Street and Muscatine
Avenue
IP6 Memorandum from the Housing Administrator: Tenant-to-Owner (TOP) Homeownership
Program Sales Proceeds
IP7 Letters and petition from Laura Stern and BJ Matson: Thatcher Mobile Home Park
IP8 Police Department Use of Force Report - April 2006
IP9 Minutes: East Central Iowa Council of Governments - April 27, 2006 [submitted by Council
Member Vanderhoef]
PRELIMINARY/DRAFT MINUTES
IP10 Parks and Recreation Commission: May 10, 2006
IP11 Planning and Zoning Commission: May 18, 2006
IP12 Board of Adjustment: May 10, 2006
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CITY OF IOWA CITY
City Council Meeting Schedule and
Work Session Agendas
www.icgov.org
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June 1, 2006
TENTATIVE FUTURE MEETINGS AND AGENDAS I
. MONDAY, JUNE 12 Emma J. Harvat Hall
6:30p Special Council Work Session
. TUESDAY, JUNE 13
5:30p Special Council Work Session
7:00p Special Formal Council Meeting
Emma J. Harvat Hall
. MONDAY, JUNE 26
6:30p Special Council Work Session
Emma J. Harvat Hall
. TUESDAY, JUNE 27
7:00p Special Formal Council Meeting
Emma J. Harvat Hall
. MONDAY, JULY 17
6:30p Council Work Session
Emma J. Harvat Hall
. TUESDAY, JULY 18
7:00p Formal Council Meeting
Emma J. Harvat Hall
. MONDAY, JULY 31
6:30p Council Work Session
Emma J. Harvat Hall
. TUESDAY, AUGUST 1
7:00p Formal Council Meeting
Emma J. Harvat Hall
. WEDNESDAY, AUGUST 2
4:30p Joint Meeting
Coralville City Hall
. MONDAY, AUGUST 21
6:30p Special Council Work Session
Emma J. Harvat Hall
. TUESDAY, AUGUST 22
7:00p Special Formal Council Meeting
Emma J. Harvat Hall
. TUESDAY, SEPTEMBER 5
5:00p Special Council Work Session
7:00p Formal Council Meeting
. MONDAY, SEPTEMBER 18
6:30p Council Work Session
Emma J. Harvat Hall
Emma J. Harvat Hall
. TUESDAY, SEPTEMBER 19
7:00p Formal Council Meeting
Emma J. Harvat Hall
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CITY OF IOWA CITY
MEMORANDUM
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Re:
June 1, 2006
City Council ~. _.I
Eleanor M. Dilkes, City Attorney~
Kraanes v. Citv of Des Moines - Supreme Court Decision re Franchise Fees
Date:
To:
From:
On May 26 the Iowa Supreme Court issued its opinion in Kraanes v. Citv of Des Moines, the
case brought by a resident of Des Moines challenging the Des Moines franchise fee applicable
to gas and electric utilities. The District Court had found the fees to be an illegal tax. The
Supreme Court agreed that the legislature has not authorized a city to raise revenue by charging
a fee in excess of its reasonable costs in regulating the franchise. However, it reversed the
decision of the District Court and sent the case back for trial to determine how much of Des
Moines' fee can be justified as a cost of "inspecting, licensing, supervising, or otherwise
regulating" the franchise, "including the cost associated with any incidental consequences of the
franchised services." In its order remanding the case to District Court for trial, the Supreme
Court directed the district court to:
"[D]etermine what, if any, part of the franchise fees are related to the city's
administrative expenses in exercising its police power, including the costs
associated with any incidental consequences of the franchised services. If after
trial the District Court determines that none of the franchise fees are reasonably
related to the city's administrative expenses, the court shall issue the appropriate
order disallowing the franchise fees as contained in the ordinances. However, if
the District Court determines that all or part of the franchise fees are reasonably
related to the City's administrative expenses, the court shall enforce the
ordinances up to an amount equal to the fees reasonably related to the city's
administrative expenses in exercising its police power."
After trial the district court will determine what costs fall within the Supreme Court's definition
outlined above. We will continue to monitor this case, assess its impact, and monitor the
development of any legislative proposals to address the issue.
cc: Steve Atkins, City Manager
Dale Helling, Ass!. City Manager
Marian Karr, City Clerk
Legal/Eleanor/memos/krag nes2. doc
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CITY OF IOWA CITY
MEMORANDUM
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Date: June 1, 2006
From:
City Council
Eleanor M. Dilkes, City Attorney
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To:
Re: School Infrastructure local Option Sales Tax (SilO)
At your request, this memo will review the applicable law and set forth the questions the City
Council may want to address with respect to the proposed SilO tax.
Chapter 423E ("School Infrastructure Funding") of the State Code provides as follows: "A school
district in which a local option sales tax for school infrastructure purposes has been imposed
shall be authorized to enter into a Chapter 28E agreement with one or more cities.... A city or
cities entering into a Chapter 28E agreement shall be authorized to expend its designated
portion of the local option sales and services tax revenues for any valid purpose permitted in
this chapter or authorized by the governing body of the city." Iowa Code Section 423E.5. The
statute authorizes the school district and city to enter into a 28E agreement after the tax "has
been imposed." The statute also authorizes 28E Agreements with counties, school districts,
community colleges and area education agencies. In 2000 the Iowa Attorney General issued an
opinion concluding that the 28E agreement between a school district and a city receiving a
portion of the anticipated SilO revenues need not be on the ballot. In accordance with the
statute, the ballot proposition need only state: 1) the rate of tax, the date the tax will be imposed
and repealed; and 2) a statement as to the specific purpose or purposes for with which the
revenue will be expended. "A school district may also enter into a 28E agreement with a city
after voter approval." Op. Atty. Gen. February 4, 2000.
The implementation period for the SilO tax may be no longer than 10 years. The tax can be re-
imposed following the same procedure. However, under current law all SilO taxes are
automatically repealed effective December 31, 2022.
This session the Iowa legislature amended Chapter 423 to provide that school districts in
counties enacting the SilO tax on or before July 1, 2008 may keep all revenue generated in the
county (as opposed to the per pupil allocation) for the first half of the implementation period.
This bill awaits the Governor's signature.
In the event Council chooses to address the proposed SilO, the following are questions it
should answer:
1. Does the city desire to share in a portion of the SilO tax revenue if the voters approve
that tax?
2. If so, to what purpose or purposes does the city wish to have its portion of the revenues
designated? A city entering into a 28E agreement with the school district is authorized
to expend its designated portion of the revenues "for any valid purpose permitted in
[Chapter 423, School Infrastructure Funding] or authorized by the governing body of the
city" (emphasis added).
June 1, 2006
Page 2
3. If the answer to question #1 is in the affirmative the City Council should communicate its
interest to the school district. The school district is the decision maker. Presumably the
purpose for which the City intends to use the funds will factor significantly into whether
the Council's proposal is acceptable to the school district. While the 28E agreement is
entered into after voter approval, given that the purposes must be stated in the ballot I
assume if a portion is to be designated to a city the ballot will include a statement to the
effect that a certain percentage of the revenues will be expended for [purpose statement]
pursuant to a 28E Agreement with the City of Iowa City.
cc: Steve Atkins, City Manager
Dale Helling, Ass!. City Manager
Marian Karr, City Clerk
Legal/Eleanorfmemos/silo tax. doc
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CITY OF IOWA CITY~
MEMORANDUM
Date:
May 30, 2006
From:
Steve Atkins, City Manager
Kevin O'Malley, Director of Finance
Question on delinquent property tax collections
To:
Re:
I believe the question that City Council asked concerning delinquent property tax collection was,
"Why the budget amendment form did not show an amendment for the receipt of delinquent
property tax revenues?" The answer is comprised of several aspects first, that in the budget
amendment process our focus is on receiving authority for additional program expenditures and
second, on amending revenues based on certainty of collection and materiality of scope. As to
the certainty of revenue collection, the Johnson County Treasurer's Office has the information
on the status on individual property tax collection and therefore the County Treasurer would be
able to ascertain who is delinquent. The City of Iowa City relies on the County for the collection
of property tax revenue and has no basis to accurately assess the total revenue to be received.
As to materiality, delinquent property tax collections usually average less than one tenth of 1
percent (0.1 %) of property taxes levied or $16,000.
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CITY OF IOWA CITY
MEMORANDUM
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Date: May 31,2006
To:
City Council
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From:
Jeff Davidson, Assistant Director of Planning and Community Development
Re: Status report on traffic conditions on East Court Street between Summit Street and
Muscatine Avenue
At your July 18, 2005 work session, you discussed traffic on East Court Street between Summit
Street and Muscatine Avenue. This was in response to a petition from residents expressing
concerns regarding "increasingly heavy, fast, and careless traffic" on this portion of East Court
Street. The petition asked you to consider six specific alternatives for slowing down traffic and
quieting the street. You agreed to implement the following items:
. An ordinance was approved to embargo large trucks on East Court Street between
Summit Street and Muscatine Avenue.
. The Police Department was directed to conduct periodic traffic enforcement on this
portion of Court Street. Enforcement was targeted during the times of day when the
highest percentage of vehicles were traveling in excess of 35 mph on Court Street.
The following provides a one-year assessment of the effectiveness of these measures.
Traffic counts were recorded May 10-12, 2006 and compared to counts recorded June 21-24,
2005. 85th percentile vehicle speeds in the westbound direction (uphill) increased by
approximately 1 mph. 85th percentile speeds in the eastbound direction (downhill) decreased by
1-2 mph. Existing 85th percentile speeds are around 31 mph, except for just west of the all-way
stop at the Court Street/Oakland Avenue intersection which was 33 mph. This does not surprise
us; this all-way stop is not warranted according to the federal Manual on Uniform Traffic Control
Devices, and it is not uncommon for motorists' irritation to unwarranted traffic control devices to
result in higher traffic speeds just beyond the unwarranted traffic control device. Overall traffic
volume on Court Street increased 300-500 vehicles per day.
There has been ongoing police enforcement of traffic laws on this section of Court Street.
Captain Matt Johnson of the Iowa City Police Department indicated to us last fall that following
City Council direction for increased enforcement in this vicinity, the Police Department
conducted enforcement activities approximately 29 times between late July and mid-September.
During that time approximately 10 citations and some warnings were issued, but speeding traffic
was not observed to be a recurrent issue by police personnel conducting enforcement activities.
We also examined the traffic count data to determine the periods of time when vehicles were
consistently exceeding 40 mph in this vicinity of Court Street. We found that these times were
generally during the morning and afternoon peak traffic periods, as well as the 2:00-3:00 p.m.
period when school is letting out. This amounted to 3 to 4% of the total vehicles using Court
Street each day. This is not unusual for residential streets in Iowa City.
May 31,2006
Page 2
To conclude, it appears that the embargo ordinance and increased police enforcement has had
a minimal impact on vehicle speeds on Court Street between Summit Street and Muscatine
Avenue. Traffic volume has increased 10 to 15%. Recorded vehicle speeds in May 2006 are
typical for residential streets in Iowa City; approximately 5 mph over the posted speed limit.
Let me know if you have any comments or questions, or if you wish to take any further action.
cc: City Manager
Police Chief
Director of Planning and Community Development
Neighborhood Services Coordinator
Director of Public Works
City Engineer
JCCOG Traffic Engineering Planner
James P. Hayes, Neighborhood Representative
Postscript: The above information indicates that traffic conditions on this section of Court
Street are not significantly different from other residential streets in Iowa City. The day after I
prepared this memo I was in my car eastbound on Court Street at the Muscatine Avenue
intersection when I observed an incident that I'm sure is what makes neighborhood residents so
upset. A young man in a loud white car proceeded westbound on Court Street through the red
light at a high rate of speed, accelerated rapidly up the hill, and blew through the stop sign at
Oakland Avenue without even slowing down at what must have been at least 40 mph. It is this
very small number of reckless motorists that create the majority of our neighborhood traffic
issues.
ppcladm/mem/court-traffreport.doc
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Location: Court SI. Summit - Muscatine JCCOG
Date recorded: Mav 10-12 2006 2006 Traffic Count Program
Requested by: .Jeff fJAvid,oo
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Speed Speed
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Numbers shown indicate 24-hour ~
average daily traffic
Data recorded by NC97 HI-STAR
data classifier
If there are any.questions, contact the JCCOG r1iii JCCOG
Transportation Planning Division at 356-5235.
IC-218
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Date recorded: .June 21-24 2005 2005 Traffic Count Program
Requested by: .JAff nAvidson
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If there are any questions, contact the JCCOG II. JCCOG ~
Transportation Planning Division at 356-5235.
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Phone: (319) 356.5400
FA-Y: (319) 356,5459
roD: (319) 356-5404
Washington Strrlet . Iowa City . Iowa. 52240.1826
TO:
FROM:
DATE:
RE:
City Council
Steven J. Rackis, Housing Administrator
Tuesday, May 30, 2006
Tenant-to-Owner (TOP) Homeownership Program Sale Proceeds
The primary goal of the TOP program is to provide homeownership opportunities for low
income families through the sale of suitable Public Housing units. Sale proceeds are used to
develop additional homeownership opportunities for low income families (e.g., Affordable
Dream Homeownership Program [ADHOP], second mortgages for TOP sales).
All sale proceeds are used in accordance with our Section 5(h) Implementing Agreement
between the Iowa City Housing Authority and the Federal Department of Housing and Urban
Development, entered into on September 14, 1993 (as amended and approved on January 8,
1998).
The Section 5(h) Homeownership program for Public Housing, is authorized by sections 5(h)
and 6(c) (4)(D) of the United States Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.),
and implemented in accordance with the regulations contained in 24 CFR 905.1001 through
905.1021 or 24 CFR Part 906, as applicable.
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City Council
Iowa City, Iowa
Dear Members of the City Council: ASAP
I petition the City Council to extend the time for written statements and related exhibits
for three months, with the possibility of requesting another extension reserved, in the
matter concerning the Mormon Trek extension. The letter requesting comment was sent
on May 10, 2006, and the meeting was held on May 18,2006. A period of comment
ending on June 1,2006, is surely a bogus period for a response, especially considering
the period for comment included the Memorial Day Holiday, when all offices were
closed. The residents of Thatcher Mobile Home Park request a period of comment until
September 1,2006, with the possibility of a further extension, so that we may organize
and seek legal aid. I have contacted the legal clinic of the University of Iowa College of
Law for legal aid, but may need time to go to additional agencies. The Press-Citizen will
publish a piece on the park in the next few days. We need further time to assess the
support for your project We request this additional period for comment.
Sincerely,
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Laura Stem
Thatcher Mobile Home Park Resident
2254 S. Riverside Dr., #38
Iowa City, Iowa 52246
319400-2674
Istern@unt.edu
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City Council
Iowa City, Iowa
Members of the City Council: ASAP
I petition the City Council to investigate a fourth route for the new highway and bridge,
one that does not impinge on Thatcher Mobile Home Park or create a nuisance for the
park, This route would come off as a spur of the exit ramp of Highway 218 South named
Iowa City Airport, Riverside Drive Exit, and would cross Riverside Drive south of the
Forest Preserve and County Fair Grounds, cut East North East across the southern end if
the City Quarry and would go directly across the river at that point. This plan has the
advantage of connecting the new bridge to both the major artery, 218 South, and the
minor major artery, S. Riverside Drive, instead of just to S. Riverside Drive, so would be
far more useful in this regard. It has the further advantage of using only public land and
not unnecessarily seizing private property in eminent domain, something that is supposed
to be avoided except under dire necessity. This solution does not aid the city council in
reaching it's goal of phasing out the mobile home parks, as described in your planning
literature. It would not create a nuisance aiding the city in driving people from their
homes in the park.
Sincerely,
tJ~~
Laura Stem
Thatcher Mobile Home Park Resident
2254 S. Riverside Dr., #38
Iowa City, Iowa 52246
319400-2674
lstern@unt.edu
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City Council
Iowa City, Iowa
Dear Members of the City Council: i"\ S AfJ
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I petition the City Council to provide a sidewalk running from the McDonald's on
Riverside Drive out to the two mobile home parks, Baculis and Thatcher, running along
the east side of Riverside Drive. This sidewalk would facilitate better connection of the
trailer parks to their schools, that most wonderful of all elementary schools, Roosevelt,
and the equally celestial West, and to the city as a whole. The present "path", made only
from use, is often impassible with mud. The path is extremely difficult to ride a bicycle
on. Many people cycle across the railroad bridge across the river, just north of Baculis,
to catch the bike path on the other side of the river. This is very dangerous. The
sidewalk needs to start at McDonalds and run between Duds and Suds and Riverside
Drive. An elevated intersection-crossing-sidewalk needs to be built to cross Highway 6.
This comer is impassible to foot traffic. I jog through this intersection every day and I
am taking my life in my hands every day. I suggest Council Members attempt to cross
from the Village Inn to the southeast comer of Riverside and Highway 6. You won't do
it twice. The sidewalk then needs to continue up the east side of S. Riverside Drive to the
two trailer parks. A further spur of this sidewalk needs to be built that curls down to the
river at the same intersection we were just discussing, along the southeast comer of S.
Riverside Drive and Highway 6 to connect the new sidewalk to the sidewalk on the
Highway 6 Bridge, which is on this (the south) side of the bridge. The sidewalk on the
bridge needs to be repaired and improved. The sidewalk on the Highway 6 Bridge is the
only sidewalk on a bridge that is truly dangerous. It is two feet wide with a two-foot rail.
Very frightening. Perhaps this could be repaired with a metal cage sidewalk coming off
that end of the bridge like the one on the Rohret Road Bridge. Then children and adults
from the two parks could cycle all the way downtown without crossing a single street.
They would leave the parks, take the new sidewalk up to the Highway 6 and Riverside
intersection, curl right to the bridge, cross the bridge over the river, get onto the bike path
on the other side, which runs all the way to the Hydraulics Lab without crossing a street.
Since you built this kind of sidewalk for the Rohret Road children and adnlts, why not for
us? We are far more reliant on our bicycles as a mode of vocational transportation than
they are. This would provide an enormous service to our communities, Baculis and
Thatcher, and we would be grateful eternally (far longer than those Rohret Road folks).
Sincerely,
~~
Laura Stem
Thatcher Mobile Home Resident
2254 S. Riverside Dr., #38
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Monday, May 29, 2006 Memorial Day
We, the undersigned, residents of Thatcher Mobile Home Court, protest the building of
McCollister Boulevard which will cut into the end of our neighborhood.. We believe this
is an attempt to break up a very old and established neighborhood, especially when it cuts
into the end ofthe neighborhood itself without even having plans for a safety fence or
sound barrier fence to be erected. This is unheard of considering the number of preschool
children living here who ride their tricycles and play in that end ofthe neighborhood with
no concept of danger. A three lane bypass with a straight path for quite a distance would
almost guarantee that the projected 35 mph speed limit would not be adhered to and even
that is a high speed for a wide and highly traveled road to be built so close to homes with
no fence or barrier.
We would like this issue to be put up for a vote by the citizens before continuing
the development of a road which, if used as a bypass, might better be built further south
with the increased traffic expected from the new casino.
Our socio-economic status should not be a reason to be able to do such a thing to
such an old neighborhood without so much as a chance to be listened to and respected in
the same way as any other housing neighborhood. Thank you for your time and trouble.
NAME ADDRESS PHONE
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IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
April 2006
DATE
040206
040206
040306
040406
040606
040706
041006
INC#
INCIDENT
15324
Domestic
15361
Suicidal Subject
15474
Armed Subject
15678
Injured Animal
16067
OWl
16098
Fight in Progress
16743
Medical Assist
FORCE USED
Subject fled from Officers during a
domestic assault investigation. Officers
used control techniques to apprehend
the subject and place them in
handcuffs.
Officers drew sidearms while taking a
subject into custody who had attempted
to hurt themselves with a knife.
Subject was taken into custody without
incident.
Officers drew sidearms when
confronting a subject who had assaulted
another with a knife. Subject was taken
into custody without incident.
Officer used sidearm to dispatch an
injured deer.
Subject had been placed under arrest
and resisted handcuffing efforts.
Officers used control techniques to
place the subject in handcuffs. Subject
then refused to walk or take a seat in a
squad car. Officers used control
techniques while escorting the subj ect.
Subject was involved in a verbal
confrontation with another. Officers
used control techniques to escort
subject away from the incident.
Subject was placed under arrest after
assaulting a Police Officer. Subject
resisted handcuffing efforts. Officers
used control techniques to place the
subject in handcuffs.
81 041106 16961 Fight in Progress Subject was interfering with an
investigation and was told to step away.
Subject refused. Officers used control
techniques to escort the subject away.
Subject was then placed under arrest
and resisted handcuffing efforts.
Officers used control techniques to
place the subject in handcuffs.
19 041106 17129 Disturbance Subject had been placed under arrest
and resisted handcuffmg efforts.
Officers used control techniques to
place the subject in handcuffs.
60 041206 17170 Public Intox Subject fled from Police during an
investigation. Officers used control
techniques to apprehend the subject and
place them in handcuffs.
46 041406 17732 Theft Subject had been placed under arrest
and handcuffed. Subject then
attempted to flee. Officers used control
techniques to prevent the attempt.
58 041506 17887 Disturbance Subject assaulted a Police Officer.
Officer used control techniques to place
the subject in handcuffs for an arrest.
46 041606 18058 Injured animal Officer used sidearm to dispatch an
injured groundhog.
18,58 042006 18743 Domestic Officers drew sidearms when they
observed a subject pointing a firearm at
another. Subject was taken into
custody without incident.
84,25 042106 18970 Criminal Mischief Subject was placed under arrest and
resisted handcuffing efforts while also
attempting to assault Officers. Officers
used control techniques and a chemical
irritant to place the subject in
handcuffs.
16 042206 19221 Fight in Progress Subject had been placed under arrest
and resisted handcuffing efforts.
Officers used control techniques and a
chemical irritant to place the subject in
handcuffs.
35 042306 19559 Public Intox Subject attempted to enter a squad car
where a subject who had been placed
under arrest was seated. Officers used
control techniques to escort the subject
away from the squad car.
15 042306 19559 Trespass Subject attempted to lIee after being
stopped for an investigation. Officers
used control techniques to prevent this
and place the subject in handcuffs.
85,59,22 042406 19707 Trespass Subject was placed under arrest and
resisted handcuffmg efforts. Officers
used control techniques to place the
subject in handcuffs.
85 042506 19920 Search Warrant Officers drew sidearms and long
weapons to secure a residence so that a
search warrant could be served.
Subjects in the residence were taken
into custody without incident.
81,58,27,03 042706 20140 Intox Subject was placed under arrest and
resisted handcuffing efforts and
attempted to assault efforts. Officers
used control techniques and a chemical
irritant to place the subject in
handcuffs.
13,48,19,32 042706 20262 Fight in Progress Subject was placed under arrest and
resisted handcuffmg efforts. Officers
used control techniques to place the
subject in handcuffs.
58 043006 20683 Public Intox Subject was placed under arrest and
resisted handcuffing efforts. Officers
used control techniques to place the
subject in handcuffs.
Frcm Council Member vanderhoef~
MINUTES
East Central Iowa Council of Governments
Board Meeting 1:00 p.m. - April 27, 2006
700 16'h Street NE, Suite 301, Cedar Rapids, IA
MEMBERS PRESENT
David Vermedahl-Benton County Supervisor
Dee Vanderhoef-Iowa City City Council
Dennis Hansen-Jones County Citizen
Larry Wilson-Johnson County Citizen
James Houser-Linn County Supervisor
Ami Hearn-Linn County Citizen
Gary Edwards-Iowa County Citizen
Charles Montross-Iowa County Supervisor
Don Gray-Mayor of Central City
Don Magdefrau-Benton County Citizen
Linda Langston-Linn County Supervisor
Pat Harney-Johnson County Supervisor
Randy Payne- Washington County Supervisor
Ed Raber-Washington County Citizen
MEMBERS ABSENT
Ric Gerard-Iowa County Supervisor
Richard Cicalo-Mayor of Washington
Leo Cook-Jones County Supervisor
Henry Herwig-Coralville City Council
Jennifer Fischer-Jones County Citizen
Bill Daily-Benton County Citizen
Alice DeRycke-Iowa County Supervisor
Linn County- Vacancy
ALTERNATES PRESENT-None
OTHER'S PRESENT - None
STAFF PRESENT
Doug Elliott-Executive Director
Gina Peters-Administrative Assistant
Jennifer Ryan-Planner
Chad Sands-Planner
Lisa-Marie Garlich-Planner
Eric Freese-Housing Specialist
1.0 CALL TO ORDER
The meeting was called to order by Chairperson, David Vennedahl at 1:02 p.m.
.1 Recognition of Alternates - None
.2 Public Discussion
Vanderhoef reported on the clean up efforts in Iowa City from the recent tornado.
.3 Approval of Agenda
M/S/C (Vanderhoef /Langston) to approve the agenda. All ayes.
2.0 ROUTINE MATTERS
.1 Approval of Minutes (March 30, 2006)
M/S/C (Hansen/Wilson) to approve the minutes as written. All ayes.
.2 Budget Reports/Balance Sheets
Elliott gave an overview of the March financial statements.
M/S/C (Hamey/Montross) to receive and file the March financial statements for audit. All ayes.
3.0 AGENCY REPORTS
.1 Director's Report
Elliott gave an update on the EDA designation. ECICOG received an invitation to submit a full application by
May IS'h for short term planning funds.
MlS/C (Langston/Wilson) to allow the chair to sign the full application to EDA. All ayes.
Elliott said ECICOG would be co-sponsoring a land use planning/comprehensive plan workshop to be held on
August 4". EClA, ISU Extension, and the Iowa League of Cities will also be sponsors.
Elliott said a board member had asked to get the board packets by email, he asked if anyone else would be
interested. The board decided to try it in May.
Elliott handed out an office relocation expense sheet and gave an overview. Discussion followed.
.2 Community Development Report
Garlich told the board about a transportation planning workshop to be held on May 3"'. Elliott said 17 people
had registered as oftoday and asked board members to encourage people to attend.
.3 Housing Report - None
.4 Transportation Report
Elliott told the board Mary Rump is on extended leave through the end of June. He reminded board members a
RPA meeting is scheduled for 2:00.
Elliott referred to pages 17-18 of the board packet, a request for additional service from Iowa County
Transportation.
MlS/C (Montross/Edwards) to approve the request for additional services. All ayes.
.5 Solid Waste Report
Ryan said she sent send out an RFP for white goods processing on behalf of the landfills. She noted the per-
appliance price seems to be lower than the last bid. Discussion followed.
Ryan referred to page 20 of the board packet, a proposed policy for including waste transfer stations in the
ECICOG solid waste comp plan. She noted currently about 30,000 tons per year are transferred to Illinois. She
spoke to the developer of the new proposed transfer station in Cedar Rapids and they will take approximately
50,000 tons out of the region per year. She said the proposed policy would allow the transfer station to be
included in the region's comprehensive plan. Discussion followed. Ryan is to write a letter to the Iowa League
of Cities and to ISAC encouraging them to address the tonnages transfer stations are taking out of state.
Vanderhoef noted the League meets June 13-14 so the letter could be a topic of discussion at those meetings.
ISAC meets next in June.
MlS/C (Vanderhoefi'Langston) to approve !be policy as included in the board packet. All ayes.
MIS (VanderhoefiHearn) to have ECICOG send a copy of the policy and a letter to ISAC and !be Iowa League
of Cities outlining concerns about waste streams and the detriment to numbers and dollars for educational
purposes and to encourage them to unify and draft legislative policies.
Houser asked if legislators should be included in the mailing. Staff will send to all appropriate parties.
Motion carried. All ayes.
4.0 COMMITTEE REPORTS
.1 Solid Waste Technical Advisory Committee
Minutes from !be last meeting were included in the board packet.
.2 Transit Services Review Committee - None
5.0 OLD BUSINESS
.1 Approval of Expenditures
M/S/C (Harney/Wilson) to approve payment of expenditures. All ayes.
6.0 NEW BUSINESS
.1 Local Issues Discussion
Raber asked Vanderhoef about the landfill and tornado cleanup. She said a 2" site was set up temporarily.
Raber gave an update on the bio-diesel plant.
Harney thanked Sands for his work on the Johnson County Land Use Plan.
.2 Legislative Discussion
Elliott said there were two versions of an accountability bill to be discussed.
7.0 NEXT MEETING: May 25, 2006
MIS (RaberIWilson) to adjourn the meeting at 2:07 p.m.
Gary Edwards, Secrelaryrrreasurer
May 25. 2006
.-- .
Community Development Report
Date: May 25, 2006
From: Chad Sands, AICP, Planner
Lisa J. Treharne, Planner
lisa-Marie Garlich, Planner
Eric Freese, Housing Inspector
Status of Planning Projects
.
Work on the City of Anamosa comprehensive plan is nearing completion. The town
meeting was held to gather public input and monthly work-sessions are currently being
held to draft the plan. The plan is expected to be completed this summer.
Work on the City of Atkins comprehensive plan has begun. A town meeting was held to
gather public input for the plan. Monthly work-sessions with the planning committee are
being held to draft the plan. The plan is expected to be completed this fall.
Work has begun on codifying the City of Belle Plaine's ordinances. The project is
expected to be completed later this summer.
The Cities of Belle Plaine and Oxford Junction have started their Pre-Disaster Mitigation
(PDM) plans. The plans should be completed this fall.
The Benton County Comprehensive Plan and lESA program are in final draft form. Work
will now begin on updating the County's zoning and subdivision ordinances. All four
documents are expected to be adopted at the same time once the ordinances have been
completed.
The City of Ely has agreed to enter into an agreement with Linn County and ECICOG to
prepare a City/County Strategic Growth Plan (CCSG) and resulting Fringe-Area Agreement
between Ely and Linn County. The plan is to coordinate development policies in Ely's
two-mile fringe area. Work on the plan is expected to begin this spring and be completed
by fall.
.
.
.
.
.
.
.The City of Fairfax Comprehensive Plan update is nearing completion. A public hearing
was held by the Planning and Zoning Commission in February. A public hearing will be
scheduled for the City Council later this summer. A major inititive of the plan includes
updating and expanding the City's park and recreation space.
Work on the Johnson County land Use Plan has begun. Five town meetings to gather
public input have been scheduled for this spring. Once the town meetings have been
held, monthly work-sessions with the planning committee will be held to update the
plan.
.
Jones County has finalized their zoning ordinance. A public hearing has been held with
the County's Planning and Zoning Commission and another hearing will be scheduled
with the Board of Supervisors this spring. Once complete, the County is expected to
update their subdivision ordinance.
City ofIowa City Parks & Recreation Commission
May 10, 2006 - 5:00 P.M.
Recreation Center Meeting Room B
DRAFT
~
I
CALL TO ORDER:
Meeting called to order at 5 :00 P.M.
MEMBERS PRESENT: Craig Gustaveson, Judith Klink, Margaret Loomer, Ryan O'Leary,
Jerry Raaz, Phil Reisetter, John Watson, John Westefeld
MEMBERS ABSENT: Matt Pacha
STAFF PRESENT: Terry Trueblood, Terry Robinson
OTHERS PRESENT: Bob Sessions, Duane Swartzendruber, Rod Lehnertz, Jane Meyer,
Beth Shields, Joan Jehle
RECOMMENDATIONS TO COUNCIL:
Moved by Reisetter. seconded by Westefeld, to aDDrove the conceDt of further eXDloration
to establish a boat house on Iowa City Dark land. Unanimous.
Moved by Reisetter, seconded by O'Leary, to aDDrove the DroDosed $5 daily fee and the
revenue sharinl! for the Thornberry Off-Leash DOl! Park. Unanimous.
OTHER FORMAL ACTION TAKEN:
Reisetter requested that the minutes be changed on pages 1 & 3 as follows: Moved by
Westefeld, seconded by Raaz, to accept a combination of Outlot A (2,587 square feet of land)
and fees in lieu of land for the remaining 2,367 square feet for the Hollvwood Manor Part 9
Subdivision. Watson requested that the word member be changed to representative in the first
paragraph on page 5.
Moved by Westefeld, seconded by Klink. to aDDrove the ADril 12, 2006 minutes as
amended. Unanimous.
PUBLIC DISCUSSION
Bob Sessions spoke to the Commission on behalf of Friends of Hickory Hill. He thanked the
Parks and Recreation Department for their response to the storm clean-up and their ongoing
support. He asked what the plans are for the Bloomington Street entrance TO Hickory Hill as a
number of trees were destroyed by the storm. He stated that there is a lot of interest from the
Parks and Recreation Commission
May 10, 2006
Page 2 of 8
neighborhood to help with this project. Duane Swartzendruber said that the neighborhood is
interested in working in cooperation with Parks and Forestry Staff. Trueblood mentioned that
the City Manager has asked for a planting plan so this could fit in very well. Terry Robinson and
staff are working on that plan now. Sessions announced that there is a neighborhood meeting
scheduled for May 23 and invited and encouraged city staff and Commission members to attend.
Joan Jehle announced that they have received donations for reforestation of the park and also that
their spring plant sale proceeds will go towards reestablishing the park. Jehle stated that 85
people volunteered 4-5 hours each on April 15. Klink expressed appreciation for the work and
support from the "friends" and city staff. O'Leary asked what areas were most affected by the
storm. Sessions stated that the entrance and the east portion of the park to First A venue received
the most damage. O'Leary suggested that this would be a great time for the Friends of Hickory
Hill to think about what they envision for the future of the park. He suggested that they look at
new ideas for getting the community to attend the park, such as outdoor recreation activities or
providing nature education programs to the community. Jehle noted that she feels that the beauty
of this park is the fact that it does not have many of the recreational type amenities that other
parks have; however, she did mention that they do already offer some educational programs (i.e.
a recent owl program that was very popular). They will continue to offer those types of
programs. Craig Gustaveson expressed his great appreciation for the Friends of Hickory Hill and
all that they do.
CONSIDER A PROPOSAL FROM THE UNIVERSITY OF lOW A TO ALLOW THE
CONSTRUCTION OF A BOAT HOUSE IN A CITY PARK:
Rod Lehnertz and Jane Meyer from the University ofIowa were present to discuss their proposal
of placing a boat house in a city park (most likely Terrell Mill). Trueblood noted that he and the
City Manager had previously met with Lehnertz and Meyer. At that meeting they wanted to
determine whether Trueblood and Atkins saw this was a possibility. Lehnertz & Meyer
expressed their preferences as either Terrell Mill Park or City Park. They presented their
proposal to the Commission in detail. Of note is that of the 24 individual UI sports, the rowing
team is the only one without a permanent facility. This facility must be placed at the banks of
the Iowa River and after investigating potential sites on University property, it was found that
access and size were insufficient and the one place they could fit this size of a facility (i.e. near
Hancher) presented a significant conflict with other campus functions. The University of Iowa
staff is very aware of the need to preserve the banks of the Iowa River. The University ofIowa
staff prefers the Terrell Mill Park site. This facility could be open for community activities as
well as the University. The University staff is also receptive to the idea of incorporating public
restrooms in this facility, eliminating the need for the City to build separate restrooms to
primarily serve the skate park. Meyer and Lehnertz mentioned that this facility could offer great
opportunities for local athletes in that the University offers 20 scholarships benefiting 75-80
student athletes. They presented the Commission with photos of boat houses from around the
United States. The design process would be reviewed by all parties involved. Commission
members asked about other location options. Lehnertz and Meyer stated that Terrell Mill Park
meets all the general needs of this facility where others do not. Gustaveson commented that
when the Skate Park was constructed there was discussion then about making this a multiuse
park and feels that this boat house would provide more opportunities to do that. Lehnertz stated
that the University is looking for ways to partner with the City and he sees this as a great
Parks and Recreation Commission
May 10, 2006
Page 3 of 8
opportunity to do that. He also mentioned that while some of the photos of other boat houses are
quite elaborate; this facility would be a low-profile design so that it would not dominate the
river, but become part of the landscape. Raaz asked if Terrell Mill would provide enough land
for such a project. Lehnertz & Meyer stated this is yet to be determined. At this point, they are
looking to the commission for approval of the concept plan only. Westefeld suggested that when
presenting this concept to Council to be sure and mention the fact that this will serve as an
outreach to the community and the fact that it would encourage young women athletics.
Moved by Reisetter. seconded by Westefeld. to approve the concept of further exploration
to establish a boat house on Iowa City park land. Unauimous.
CONSIDER PROPOSED DAILY FEES AND REVENUE SHARING FOR THE
THORNBERRY OFF-LEASH DOG PARK:
At the January II, 2006 Commission Meeting, the Commission approved the annual pass fees
of $25.00 and the 90%/10% revenue sharing proposed by DogPAC. However, in preparing the
resolution for the May 2nd Council meeting, it was discovered that the proposed daily fees were
never brought to the Commission for consideration. DogPAC is proposing a daily fee of $5.
Their justification for this fee are as follows: I) Cedar Rapids charges this fee, 2) people are
more likely to have a $5 bill available rather than three or four $1 bills, 3) and while they want
the fee to be low enough to encourage use, they also want it high enough to discourage the
community users to opt to pay the daily fee rather than the annual pass fee. Westefeld asked
Trueblood if there were any staff concerns about this fee. Trueblood stated that they had no
concerns and are agreeable to this proposal. Trueblood indicated that some council members may
have concerns regarding the 90%110% revenue split between DogPAC and the City. He stated
that the majority of the 90% revenue cut (going to DogPAC) would go back into park
improvements while the other 10% would go into the City's general fund. Trueblood will be
drawing up an agreement regarding this revenue split for Council approval. This proposed
agreement will go through 2007 with a re-evaluation scheduled at that time. Klink expressed
some concern that if fees are too high it may deter people from purchasing a pass and letting
their dogs run loose at other parks, etc. Beth Shields noted that there will be a low-income
discount on the annual passes. O'Leary asked Shields if DogPAC had considered an annual pass
only. Shields stated they want to provide the opportunity for a daily pass to those who are
visiting, traveling through Iowa City, or want to try the park out before purchasing an annual
pass. The Dog Park is scheduled to open on June 17,2006.
Moved by Reisetter. seconded by O'Leary. to approve the proposed $5 daily fee and the
revenue sharin!! for the Thornberry Off-Leash Do!! Park. Unanimous.
REPORT ON TORNADO DAMAGE AND CLEANUP EFFORTS:
Robinson reported significant tree loss. He stated that there have been at least 140 street trees
removed, many more removed in South Hickory Hill Park as well as 19 large trees at College
Green Park. The stumps have been cataloged and will be removed. He also mentioned that there
had previously been a bid placed on stump removal prior to the tornado damage. The company
has agreed to remove the tornado-related stumps at the bid price. Robinson spoke of the concern
by residents when some trees are being removed, as they do not understand that this decision is
based on the fact that, although these trees may not look bad, they are not structurally sound.
The City has contracted with Holiday Wrecker and Knolls Tree Service to remove the last large
Parks and Recreation Commission
May 10, 2006
Page 4 of 8
tree out of the creek. Tree planting will start this fall. There have been a number of donations
offered. O'Leary announced that the Optimist club would like to make donations towards
restoration of College Green Park. Trueblood stated how proud he is of city staff including
Parks, Forestry, Recreation and the other City departments with respect to the tornado response
efforts.
DISCUSSION OF NEIGHBORHOOD OPEN SPACE DISTRICTS:
Trueblood distributed a revised N.O.S. map showing the various districts to the Commission.
Trueblood reviewed Neighborhood Open Space policy with the Commission, namely that if fees
are paid in lieu of land, that money has to be spent in the same district for park development or
acquisition but not for maintenance. The plan itself will need to be updated in the future.
O'Leary asked Trueblood to clarify the policy regarding the expiration dates for spending these
fees by the City. Trueblood explained that it used to be that if the fees were not expended in the
allotted amount of time, residents in that particular development would have to request the
refund. It has now been changed where if the money has not been spent in that time period, the
City is responsible to refund the money to the people who are living in that development Klink
mentioned that the residents should be given the opportunity to donate that money back to the
Parks Foundation. Commission agreed that this is a good idea.
UPDATE ON RECREATION CENTER WINDOW PROJECT:
The window project bid opening took place on May 2 to replace all of the windows in the
Recreation Center. Only two bids were received and both were approximately $150,000 over the
engineer's estimate of $500,000. Typically in this case the City Council could not approve this
project because it is 30% over the estimate. Staff, City Manager, and City Engineer want to go
ahead with the project, however, it will now be based largely on what is received by insurance.
It is estimated that insurance will cover approximately one-quarter of the cost and the rest can be
covered by the budget. This is not definite at this point.
Trueblood also noted that the Recreation Center incurred approximately $720,000 damage from
the tornado on April 13. The insurance adjuster recommended a total roof replacement rather
than repairs only. The Recreation Center Pool will reopen on Monday, May 15.
DISCUSSION OF MASTER PLAN
Trueblood reported that Coralville is not interested in a joint master plan. He also mentioned that
he would like to get University involvement in the process. Klink expressed her wish to get all
of Johnson County involved. Trueblood noted that the next step is to write a request for proposal
to distribute to consultants. Gustaveson encouraged Commission Members to look at other
Master Plans to get an idea ofthe work that goes into these.
CITY PARK ANNIVERSARY REPORT:
Trueblood noted that the plans are moving ahead for this celebration. AARP has a number of
events scheduled in this park for the month of May. The bands for the June 10 Family Fun Day
have been scheduled. The next planning meeting will be held Thursday, May 18 at 2 p.m. at
City Park Shelter #8.
Parks and Recreation Commission
May 10, 2006
Page 5 of 8
COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS:
O'Leary expressed his appreciation to the Parks staff for their work towards storm cleanup and
the fact that they have been able to keep up with other projects, such as soccer park maintenance,
in this busy and challenging time. He expressed his excitement for future plans for the parks of
Iowa City including the possibility ofthe proposed boat house proposed.
Klink discussed an article that was in the Gazette regarding garlic mustard. She also mentioned
that the state department has a brochure on this subject. She provided the article to Tammy
Neumann to make copies for Commission. Neumann will copy and distribute with the next
Commission packet.
Raaz talked about his recent visit to London and their park areas. He passed around a photo of a
concession building that he saw there as well. He also mentioned an article in the Des Moines
Register recently that talked of the importance of making investments in outdoor recreation.
Iowa is 48th in the nation in spending for outdoor recreation. Raaz also mentioned that when
looking at the capital plan he noted that Scanlon Gym has a $45,000 debt that disappears in
2009. He asked if there is some sort of debt retirement program for this. Trueblood stated that
when the facility was built that the money was borrowed from the park land acquisition fund and
then $700,000 through general fund and $400,000 through private donations. The $45,000 that
Raaz referred to was borrowed from the landfill and this is the payback, so this portion of the
Scanlon debt will soon be retired.
CHAIRS REPORT:
Gustaveson talked about the dedication ceremony for the Angel of Hope statue in City Park.
There were approximately 200 people in attendance. Bruce Titus reported that they received 190
donations towards the statue. Gustaveson reported positive feedback regarding the statue and its
location.
DIRECTORS REPORT:
Bovs Baseball Concession Building: Trueblood stated that the concession building will be open
by Monday, May 15.
Median Placement on Burlington Street: There is a proposed plan to place a median on
Burlington Street between Gilbert Street and the river. This will be landscaped with trees etc.
Turning lanes and pedestrian islands will be constructed as well if the plan is eventually
approved.
Disc Golf Course: Construction is moving along. Trueblood noted that the department did have
to bid out the equipment so made for a short delay. Equipment should be arriving soon,
however.
Iowa River Power Bridge & Dam Ribbon Tving: May 17, 6 p.m. All Commissioners are invited.
Parks and Recreation Commission
May 10, 2006
Page 6 of 8
Tree Planting Donations: The Human Resources Department initiated a donation opportunity for
city employees. They raised $1,855 from city employees.
Rededication of Bovs Baseball Clubhouse: This is planned for some time in June. Trueblood
will inform Commission of date when available.
Moved bv Raaz. seconded bv Reisetter to adiourn. Unanimous. The meeting was adjourned
at 7:15 p.m.
Parks and Recreation Commission
May 10, 2006
Page 7 of 8
PARKS AND RECREATION COMMISSION
ATTENDANCE RECORD
YEAR 2006
TERM
NAME EXPIRES 1/11 2/8 3/8 4/12 5/10 6/7 7/12 8/9 9/13 10/11 11/8 12/13
Craig
Gustaveson 1/1/07 X X X X X
Judith
Klink 1/1/07 OlE X X OlE X
Margaret
Loomer 1/1/08 X X X X X
Ryan
O'Leary 1/1/10 X X X X X
Matt
Pacha 1/ 1/09 X X X DIE DIE
Jerry
Raaz 1/1/08 X X X X X
Phil
Reisetter 1/1/09 DIE X DIE X X
John 1/1/07
Watson X DIE X X X
John
Westefe1d 1/1/10 X X X X X
KEY: X= Present
0= Absent
DIE = Absent/Excused
NM= No meeting
Parks and Recreation Commission
May 10, 2006
Page 8 of 8
LQ=
No meeting due to lack of quorum
Not a Member
~
MINUTES
PLANNING AND ZONING COMMISSION
EMMA J. HARVAT HALL
MAY 18, 2006
PRELIMINARY
MEMBERS PRESENT: Charlie Eastham, Wally Plahutnik, Beth Koppes, Bob Brooks, Ann Freerks,
Terry Smith, Dean Shannon
STAFF PRESENT: Bob Miklo, Sarah Walz, Karen Howard, Mitch Behr
OTHERS PRESENT: Sarah Swartzendruber, Mary Frantz, Cindy Clark, Bruce Teague, Michael Lensing,
Julie Hauserman, Teresa Steicher, Maria Chavez Escobar, Tim Schumacher,
Peter Rohrbough, Kelly Lamb
RECOMMENDATIONS TO CITY COUNCIL:
Recommended approval, by a vote of 7-0, SUB06-00005, a preliminary plat of Hollywood Manor Part 9, a 12-
lot, 4.84-acre residential subdivision located west of Russel Drive and south of Burns Avenue subject to Staff
approval of the grading plan prior to consideration by City Council.
Recommended denial, by a vote of 7-0, REZ06-00012, a rezoning from Low Density Single-Family
Residential (RS-5) zone to Commerciai Office (CO-1) zone for 6750 square feet of property located at 619
Kirkwood Avenue.
Recommended approval, by a vote of 7-0, CZ06-00001, a rezoning from R, Residential, to County A,
Agricultural for approximately 4.34-acres of property located in Fringe Area A, south side of Linder Road NE
with a conditional use permit for a cemetery and recommendation for additional off street parking for the
expanded cemetery.
CALL TO ORDER:
Brooks called the meeting to order at 7:34 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
SUBDIVISION ITEM:
SUB06-00005, discussion of an application submitted by ST Enterprises LC for a preliminary plat and sensitive
areas site plan of Hollywood Manor Part 9, a 12-iot, 4.84-acre residential subdivision located west of Russell
Drive and south of Burns Avenue.
Karen Howard summarized the staff report. Howard stated that the proposed preliminary plat is in compliance
with the Comprehensive Plan. The subdivision will be the last part of Hollywood Manor subdivision. The land is
already zoned for single family residential uses. 12 single-family home lots are proposed within the
subdivision, with a residential density similar to the adjacent subdivision. The lots will be a little larger because
of the triangle-shape of the lots and cul-de-sac design backing up to Wetherby Park. The streets are designed
to terminate in cul-de-sacs at the ends of Totting Circle and Wetherby Drive. There is no opportunity to
connect the streets due to the location of the park and the fact that the property to the south has already been
platted without connecting streets extended to this property. Existing groves of trees are iocated on the
property, which contains a single-family farm house. The Sensitive Areas Ordinance requires a Level 1
sensitive areas review [Staff level administrative review] when groves are present on a property to make sure
that the property is platted to preserve the trees to the extent practical. Staff reviewed the proposed
preliminary plat and requested some adjustments to the street design and to the lot lines in order to
save/preserve more trees than what was initially proposed. The loop drive at the end of Totting Circle is
proposed in order to preserve two large white pine trees which the City Forester has determined are worthy of
preservation. The linear grove that extends along the park boundary will create a nice buffer of mature trees
between the park and the proposed subdivision. The trees marked with an 'X' on the proposed plat are
proposed to be removed during grading. Howard said that the City had not yet received a revised grading plan
Planning and Zoning Commission Minutes
May 18, 2006
Page 2
but she thought that the applicant intended to submit one soon. The City Engineer will need to review it to
make sure that the grading plan will work to preserve the trees shown on the plan and facilitate the proposed
storm water management for the southern portion of the property.
When the property was initially zoned RS-5, the conditional zoning agreement was adopted that requires an
access to Wetherby Park from this subdivision; that access is shown on the plat as Outlot A extending from
the end of Wetherby Drive to the park boundary. An additional walkway was proposed from Totting Circle, but
was rejected by the Parks Director because it would interfere with established garden plots and wouid result in
the loss of additional mature trees near the boundary of the park.
Designing the stormwater management for the property was somewhat difficult for the developer because this
property is surrounded by property that has either already been developed or has already been preliminary
platted. The northern portion of the property flows northwest, the middle portion of the property flows to the
South Sycamore Drainage Corridor and the remaining southern portion flows to the southwest across the as
yet to be developed Brookwood Pointe subdivision. Brookwood Pointe was preliminary platted without an
accommodation for stormwater flows from the subject Hollywood Manor property. The two property owners
are currently working out an easement agreement for a temporary stormwater outlet to flow onto the property
to the south until Brookwood Point is developed, when at such time a connection will be made into the
stormsewer facilities planned for Brookwood Pointe.
Howard said items which still needed to be resolved included a review of the grading plan by the Public Works
Department. Staff recommends approval of SUB06-00005, provided the grading plan is submitted and
approved by Public Works.
Freerks asked how the protectE\d groves in the conservation plan would be marked and protected. Howard
said the developer and construction manager(s) would meet with the enforcement department on the actual
site before any grading or development activity began. There was a particular concern for two trees with
respect to the street design and ensuring that no damage occurred to the trees. Bob Miklo said at the time of
final plat it could be addressed in further detail, such as requiring fencing.
Public discussion was opened.
Sarah Swartzendruber, 1 S. Gilbert Street, attorney for S. Larson. She said ST Enterprises had developed the
property adjacent to Hollywood Manor Part 8 and has this real estate under contract in order to purchase it. It
is the developer's intent to preserve the farm house located on the property. The applicant met with City Staff
numerous times to determine what was and was not practical with respect to saving trees. Swartzendruber
said she understood there was concern among the neighbors regarding the preservation of trees and assured
them that a[1 trees delineated on the Sensitive Areas Development Plan would be preserved as well as all
other trees that it would be practical to do so. The developer had no plans to grade the entire area that was not
within a conservation area. The real estate has been zoned for single-family low density development since
1983 so it should have been anticipated that Hollywood Manor would continue into that parcel of land. The
applicant requested that the Commission vote on the application during the meeting and the grading plan
would be submitted for review prior to Council consideration.
Mary Frantz, 2359 Russell Drive [Lot #54] said from their living room window her family could see a beautiful
space with trees and a lovely garden with hostas and flowers. She and her husband felt it was a beautiful
place and they would like to preserve the area. They did not object to new neighbors, but requested that the
plat could be reconfigured to allow some green space and common areas where people could enjoy nature.
Cindv Clark, 1442 Wetherby Drive [Lot 50] said they'd had several neighborhood meetings and a lot of feelings
had been expressed regarding what was happening to Helen's property. They'd known that there would be
some type of further development around them, but they'd not know how it was going to affect the landscape.
The property was fantastic, a beautiful grove of co[orful trees. Clark said she thought He[en would probably be
turning over in her grave regarding the turn of events. Helen had talked about her property and had forbidden
a subdivision of her property to happen, but when her son had obtained the property he'd chosen to do
otherwise. As more of the neighbors became aware of what was happening, they all became a litt[e angrier.
The farmhouse, located to the west of her property, was to be preserved but the driveway was to be rerouted
so it would run right past her bedroom window. Clark said she'd specifically designed her house so as to be
Planning and Zoning Commission Minutes
May 18, 2006
Page 3
able to enjoy Helen's property. She was displeased with the proposed redesign I relocation of the driveway;
could anything be done about it. Larson was aware of her concern(s) and how personally upsetting it was to
her as she'd designed and built her house for the visual reasons to the west. Clark said she was very upset
about the subdivision of the property as well as the future of lots 7 & 8 which totally would take away what all
the adjacent lot owners had built their houses there for. They'd all built their houses or purchased their lots for
the visual beauty of Lots 7 & 8, as proposed in the new subdivision. If the lots could somehow be preserved
that was a main point. It was a grassy area with very beautiful trees and would be difficult to build on due to
the awkward shape of the lot. She asked it could it become a park area or be reviewed for the preservation of
the trees.
Clark said another concern was having a walkway over to the park, the barrier of trees that went along the
parkway was a wind barrier as well as a security area to screen and buffer what went on in small little used
community parks. Clark said having the trees there as a screen and the barbed wire fence made it a secure
area, which separated their development from the park. Having the proposed walkway through there was a
surprise to the neighborhood, if that could be eliminated or relocated it would be a preference of the residents.
Ciark said when she was searching for a lot to build her house on, the farm property had meant a lot to her, it
had been the biggest selling point for her. It had determined how she designed her house and where she
located it on her lot and where she put her big windows. Now, it would be all ruined.
Clark said a lot of the neighbors who'd attended the neighborhood meetings had been unable to attend the
P&Z meeting due to being out of town or other commitments including the people who currently resided in the
farmhouse, otherwise there would have been a larger group of neighbors present.
Freerks said there was a notation on Lot 50, "existing gravel drive to be removed", what was that? Howard
said it was the existing driveway to the farmhouse which went across Lot 50 and was scheduled to be
removed. The new drive is proposed to come off Wetherby Drive. Clark said it went through her yard, but she
didn't care.
Public discussion was closed.
Ann Freerks asked what was the maximum density for these lots. Howard said this was an RS-5 zone; the lots
proposed are bigger than what is required because of the nature of the property and being on a cul-de-sac. It
was probably the most lots that could be placed on a cul-de-sac and have enough frontage to meet the
minimum zoning requirements. The streets were designed in order to maximize the number of lots.
Motion: Terry Smith made a motion to approve, SUB06-00005, a preliminary plat and sensitive areas site plan
of Hollywood Manor Part 9, a 12-lot, 4.84-acre residential subdivision located west of Russell Drive and south
of Burns Avenue subject to Staff approval of the grading plan prior to Council consideration. Charlie Eastham
seconded.
Beth Koppes asked if it would be possible to have the new driveway moved a little so it would not be so
intrusive. Could the Commission review that and make a statement to the developer at final plat stage.
Howard said the proposed location was not shown on the plat, she was not sure that they could comment on
it. Behr said driveway placement was not within their platting purview, but the Commission could make a
statement. Miklo said the Zoning Ordinance would require it to be at least three feet from the property line.
The City could not dictate its exact location but the Commission could encourage the developer to place it
further to the west.
Wally Plahutnik said he understands that some people feel they would be adversely affected by this
subdivision. Neighbors want some of the area to be park land and he also noted that it was the first time he'd
ever heard citizen input that access to a park would be a bad thing. He resided 'right down town' and there
was a lot of "action" in his neighborhood as well, but Plahutnik said he regarded neighborhood parks as a
good thing and walked through them at least a couple of times in a week. He stated that if the neighbors are
interested in a private park, they might do what persons on the north side have done; get together as a group
and purchase tracts from the developer. They'd signed covenants which prohibited any future development
along the ravine(s). It would cost some money, but this was all about money. The property belongs to
Planning and Zoning Commission Minutes
May 18, 2006
Page 4
someone who wants to develop it and make some cash. The developer worked with the City to make it as
good for the City as possible, which was what the Commission was trying to do as well. Plahutnik said looking
at the plats, this property has been zoned for development for many years and it was not too different than
anything already developed to the east. It was unfortunate; the adjoining property owners enjoyed their views
for many years which now might be somewhat diminished but in this instance it was someone else's property.
Smith said he echoed Piahutnik's comments. He lived in the area and shared the neighbor's sentiments but
agreed with Plahutniks' assessment of and suggestion for possible remedy.
Freerks thanked the neighbors for taking the time to come to the meeting and share their comments. She said
RS-5 was the lowest density so the neighbors would not be seeing large parking lots or high density. City Staff
had worked with the developer in a number of sit-down sessions to make the proposed development better
than what was initially proposed with regard to preserving mature trees.
Eastham and Brooks said a walkway to the park had been part of the original rezoning years ago and was
intended to serve all the people that resided to the east of the park.
The motion passed on a vote of 7-0.
REZONING ITEMS:
REZ06-00012, discussion of an application submitted by Bruce Teague for a rezoning from Low Density
Single-Family Residential (RS-5) zone to Commercial Office (CO-1) zone for 6750 square feet of property
located at 619 Kirkwood Avenue.
Sarah Walz summarized the staff report. Walz said the zoning on all sides of this parcel was residential except
for the Lensing Funeral Home property which is zoned Commercial Office CO-1. The Comprehensive Plan
recommends that the area be maintained as residential; it also identifies Kirkwood Avenue as an area of
particular concern with respect to capacity of the street to handle increased traffic and the need to preserve
the integrity of the existing neighborhood along Kirkwood Avenue. Areas of concern include not only traffic
traveling on Kirkwood Avenue but traffic attempting to exit from and enter on to Kirkwood as well.
In 1993, the property immediately to the west was rezoned from RS-5 to CO-1 to allow expansion of the
existing funeral home. At that time, Staff recommended against rezoning that parcel believing that a clear
demarcation between the commercial and residential zones would be eroded and that it would also encourage
further requests for rezonings to commercial moving further to the east. Conditions placed on that particular
rezoning included closing a curb cut; moving an access further to the west away from the residential area;
additional landscape buffering along the streetscape to add to the demarcation between commercial and
residential.
Since the granting of that rezoning, residents along Kirkwood Avenue and some commercial property owners
have continued to express concern regarding the traffic load on Kirkwood Avenue and the difficulty of entering
and exiting onto Kirkwood Avenue.
Access to this specific property would be a one-lane drive in the front which Staff feels would create a safety
concern for vehicles parking on the site which would be required to back onto Kirkwood Avenue to exit the
property. To create a situation in which vehicles could turn around on the property would require paving most
of the front yard. An alternative would be to allow traffic access to the property through the gravel alley in the
rear of the property, but it would direct commercial traffic onto Diana Street and through a residential
neighborhood. The flow of commercial traffic on Diana is a current complaint for some residents on Diana
Street.
The subject lot is only 45-feet wide which would make it difficult to provide a buffer between any commercial
development and the residential neighborhood and to preserve the house. If the house were removed, it would
change the residential character of the neighborhood.
Planning and Zoning Commission Minutes
May 18, 2006
Page 5
Walz pointed out that the applicant indicated that his business would not have clients coming and going from
the site, however a rezoning to CO-1 would allow for a more intensive use of the site over time. By definition, a
rezoning is not restricted to the current owner or to their good intentions but ran with the property without
regard to a change in circumstance. Allowed uses in a CO-1 zone would inciude medical and general office
uses, retail personal services uses, funerai home and other uses, such as veterinary clinic by special
exception. Staff has a concern that if at some point in the future the adjacent funeral home acted on the option
to purchase this parcel and were able to extend into the commercial zone, it would compel commercial traffic
onto Diana Street instead of onto Kirkwood Avenue. Diana is a residential street and not intended to
accommodate frequent large volumes of commercial traffic. Staff felt that no change in conditions or
circumstance had occurred to warrant the rezoning. There was no shortage of office space in the community
or shortage of commercial space. In his application, the appiicant cited the opportunity to reduce his overhead
costs for the rent of his business. 11 was a legitimate concern for the business but the particular constraint(s)
and specific uses of the appiicant on their own did not provide sufficient justification for a rezoning. The intent
of zoning is to help create vibrant commercial and residential areas by restricting one use from creeping into
the next use by controlling expansion of either use into areas where things were incompatible. CO-1 zoning is
sometimes an appropriate buffer between residential zoning and more intensive commercial zones, but in this
location staff does not believe that the rezoning would serve as a buffer but would rather contribute to eroding
the residential character of the area. Walz said Staff recommends against this particular rezoning from RS-5
(residential) to CO-1 (office commercial).
Eastham said after the discussion at the informal meeting regarding other possible spaces the applicant could
conduct his business in, he wondered if the proposed use would fall under one of the home occupation
accessory uses allowed by the Code.
Walz said residing in the residence was required as well as the Code limited the number of off-site employees
to one. As long as the business had no more than one non-resident employee, the applicant could operate out
of his home. Any such situation would also need to be reviewed by the Building Official.
Miklo said on Monday evening the Commission requested an indication of possible traffic levels. The Traffic
Engineer reviewed the situation. There are a wide variety of offices that could generate a range of traffic
levels. A low intensity use might generate only 40 trips a day, however a use such as a salon could generate
up to 125 vehicle trips a day based on a 3,OOO-square foot building. In comparison, a single family home
typically generated 7-10 vehicle trips a day.
Smith asked what the parking requirements for CO-1 zone? Walz said it depended on the particular use and
the square footage. Miklo said that the requirement for office uses, retail and personal service uses is
generally one space per 300-square feet of floor area.
Public discussion was opened.
Bruce TeaGue, 61 g Kirkwood Avenue, thanked the Commission for allowing him the opportunity to present his
request. Teague said in October of 2004 he started his business, Caring Hands and More, a home healthcare
business which provides care in the community to elderly clients. Teague's business has grown in response to
the great need for this type of service(s) in the community. He employs a full time secretary and an RN whose
work load was increasing so his current residence at the time was not ideal for having more than one person in
the home. He'd contacted a realtor to look for an existing property to accommodate the training needs of his
future employees who would go into private homes to provide in-home care. The training needed to be
provided in a structure similar to a home-like structure, which was his main criteria for purchasing. There was
not a shortage of vacant office space in Iowa City, but a structure similar to his current structure was not
available. The commercial structures near Mercy Hospital were unavailable. He stated that no clients would
come to his building. He acknowledge that the City has a concern regarding the potential re-use of his
property. Teague said if he sold his property, it would probably go to Michael Lensing, owner of the adjacent
funeral home, who had a great interest in his property however he was unable to limit what the selling
agreement would be. He felt Michael would make a nice use of the property.
He agreed with the safety concerns regarding the property, initially he had considered allowing parking only in
the rear for his staff. It was anticipated that there would be 3 persons plus trainees in the home at one time.
Teague said his request was for a building that would accommodate the specific needs of his business; the
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May 18, 2006
Page 6
existing available commercial properties did not do so. Therefore he was requesting that the Commission
consider his request for a rezoning of his property.
Michael Lensino, 605 Kirkwood Drive, said he and his business partner owned Lensing Funeral Home, the
property at 1018 Diana Street and were in negotiations for the property next to it. Lensing said he preferred to
be honest. The alley was owned by the City. He'd spoken with all his neighbors and two years ago he'd
received permission / the option to purchase the alley from the City. Once that transaction took place he would
give them the 20-feet of extra land at no charge. The goal of the funeral home was to be able to square off
their iot as they needed more parking and wished to put an addition on to the rear of the funeral home. If
Teague sold his property and they purchased it, they would move the house off the property and close the
driveway. Their intent was to request a rezoning to CO-1 in order to square off the lot, to add more parking and
to shift the driveway further to the east exiting straight out instead of curving. The lot next to the alley was non-
conforming, if they purchased it they intended to remove the house, place parking and more trees to be park
like on the lot.
Lensing said even though the City owned the alley, for 30 years they had not maintained it. He'd spent the
monies to maintain the walnut trees. He was concerned about the traffic on Kirkwood Avenue and Diana
Street; the City talked about it a lot but did nothing. They should iook at a traffic signal or changing the flow of
traffic onto Diana Street. It was his hope that the City would allow him to blacktop the alley and gate it so that
older clients could access the funeral home without having to travel on Kirkwood Avenue during high traffic
volume times; the City had not responded favorably. He suggested not allowing street parking on Diana Street
Shannon asked Lensing if his intent for the properties they were hoping to purchase was to request a zoning
change. Lensing said that was correct. If Teague ever sold, he would probably have right of first refusal and he
would purchase Teague's parcel. It would give them more time to landscape and to square off his lot.
Julie Hauserman, 1038 Diana Street, said she'd lived on her property since 1 984. She couldn't think of anyone
she'd rather have for a neighbor than Bruce Teague; he'd been with her father when he'd passed away.
Michael Lensing was a wonderful neighbor as well. However, being a resident of Diana Street and having
endured such things as the Governor's Ridge development, the street at Boyrum and the empty promises that
had been made to stop commercial development encroachment into the residential area, she urged the
Commission to take Stall's recommendation. She was there to speak against any additional commercial
zoning into the residential and/or Plum Grove area. There was a lot of traffic from Dodge Street that used
Diana Street and Keokuk Court to cut through to Highway 6. She was aware that very soon the lot on the
corner of Dodge Street and Kirkwood would become for sale and that the lot could be split which would
generate more traffic. Hauserman said she'd like the City to take a look at the neighborhood's traffic concerns
including reviewing the speed limit.
Teresa Steicher, R.N., 1028 120Th Street, West Liberty. She was a team member of Caring Hands and More.
They were a team committed to providing excellence in home care services. To ensure their mission, it was
essential to have ongoing and applicable training for their home health care aids. Since they provided in-home
services, it was a great benefit to have a home to train in. Teague's current property had a tub, stairways,
kitchen, small bedroom and narrow doorways, things they dealt with in client homes. The structure provided a
mock training facility which enhanced the skills and comfort levels of their employees as well as those of their
clients who they sought to help remain in their homes. Hospitals and nursing homes were abie to train in their
environments but as a home health agency, they missed out on the opportunity of doing crucial training mainly
due to the fact that a regular office space did not assimilate to the real environment of the popuiation of home
care clients that they were working with. This home provided an essential and excellent training place for the
staff of Caring Hands and More.
Maria Chavez Escobar, 1206 Diana Street, said her friend had formerly owned the property that Teague had
purchased. She was aware of the concerns regarding traffic, but Iowa City was growing and there would
always be traffic issues. She had previously resided on First Avenue and was well acquainted with traffic
issues. She currently resided on Diana Street, the traffic problems existed and would continue to exist. She
didn't feel the issues would get worse with the addition of Teague's business. She agreed with Lensing's
suggestion to install a traffic signal to direct traffic. Chavez Escobar said she strongly felt that Teague was
giving the community a much needed service as elderiy persons were living much longer and wished to be
able to stay in their homes. She was a provider at Oaknoll and was familiar with the wishes of persons who
Planning and Zoning Commission Minutes
May 18, 2006
Page 7
wanted to remain in their homes and be cared for. They would not be forced to leave their dignity and the
memories that they had implanted in their homes, if there were more services such as Teague's available.
There was a need for his services in Iowa City and to have their staff well trained, as Teague intended to do.
Tim Schumacher, 807 Walnut Street, said he opposed the requested rezoning for the reasons mentioned by
Staff. He said Teague's business sounded like a favorable business and perhaps it would be possible to give
him a special exception since he was only going to have 3 employees and no customers would be going to
Teague's business. The business was just barely up and running and there were already discussions as to
selling the lot, tearing the house down and installing parking lots. If it was rezoned, it wouid be the inevitable
result. There are only three residential houses left on this part of Kirkwood Avenue.
Peter Rohrbouoh, 711 Kirkwood Avenue, said it was great to get to meet his neighbors that he'd not met
before. Teague's business sounded like a good intention, but if he were to be struck by lightening, there was
no telling what his heirs would do. He felt nothing good could come of the rezoning in the end.
Kellv Lamb, 120 Koser Avenue, said she was one of the social workers in Johnson County who got to clean up
the messes by leaving persons in their homes without good home health care and was privy to the horror
stories of families who hired untrained persons to come into their homes to watch their family members with
memory impairment, etc. She understood that it could not be rezoned for just Teague's business. She'd
moonlighted for Teague for two years and had never seen more than three cars at the residence at one time.
For trainings it was not possible to get a huge group of people together at one time, it would not generate a
traffic increase. Sycamore Mall was on one end of Kirkwood and Benton Street commercial on the other end,
traffic was inevitable. The rezoning would not create a huge change in the traffic and there was not a better
commercial entity to allow into that area. If a special exception would be possible, she'd suggest using it.
Public discussion was closed.
Smith asked Behr if there were any options for special permits, exemptions or anything other than rezoning to
accommodate the needs of the applicant. Behr said there really was not, the application was for a rezoning,
the use sought was not allowed as a special exception in the current zoning.
Motion: Freerks made a motion to deny REZ06-00012, a rezoning from Low Density Single-Family
Residential (RS-5) zone to Commercial Office (CO-1) zone for 6750 square feet of property located at 619
Kirkwood Avenue. Plahutnik seconded.
Freerks said there were a number of concerns when you started to whittle away in an area such as this. It was
a complex area, she wouldn't want to be the last house either. There were all kinds of traffic problems as well.
Comment had been made that the City didn't do anything about it, but she saw denying this application as a
way of trying to do something. Denying this application would support the Comprehensive Plan's intent for this
area to maintain the residential character. They had to look ahead at what potentially could be located there if
the parcel were rezoned to CO-1.
Eastham said he felt compelled to vote to deny this application by applying the guidelines that were
established in the Comprehensive Plan for the Central Planning District. The most applicable guideline
suggested that the Plan seek to preserve lower cost housing in the Central Planning District. He'd looked at
housing values for this property and this area, in his mind it would fall within the realm of affordable. Other
considerations were traffic issues - the proposed use would have a relatively minor impact but the proposed
rezoning would have a potentially significant impact. Eastham said the applicant had said that he needed a
residential property for training to develop his business, which was a legitimate use. He felt this type of use
should be looked at in the future, it was a small business and he wished to encourage and support the
development of small businesses.
Dean Shannon said he'd been a life iong Iowa Citian and had seen this problem coming. In 1959 the top half
of the CC-2 lot had all been residential; the Handy family had had a large home there. He felt the City had
made a mistake and let the lion out of the cage and now the current City Staff were trying to draw a line on it.
In a perfect world there should probabiy be no commercial zone along Kirkwood Avenue, but at some point it
had been allowed to happen. People wished to keep developing and where did you stop? Shannon said he
understood both sides and was very troubled with how to vote. Now the City wanted to draw a line in the sand
Planning and Zoning Commission Minutes
May 18, 2006
Page 8
but it might be too late to draw that line. Teague's current use sounded like a good use of the property, but In
two years when he wanted to move on to a bigger area, then what would happen to the property if it were
rezoned.
Plahutnik said he'd voted earlier in the evening to approve paving more of Iowa City; here was a business that
he felt should be supported and helped in any way. But looking on beyond, he felt he needed to vote to deny
this application. He would have personally liked to have been able tell Teague to go ahead, he had a great
thing going and to have told the previous applicant, no you're not going to pave another inch of Iowa City. To
the persons who'd built their homes 10 years ago and were now complaining, he'd liked to have suggested to
them to tear their homes down and to replant trees because no more pavement in Iowa City was needed. He
had to go by the Comprehensive Plan. Their area had been zoned for residential and Helen Jensen's property
had been a beautiful space but it had been zoned residential. In Teague's case, the Comprehensive Plan said
here is where things stop. He'd have to vote to deny the application.
Koppes said she'd struggled with this as well. She would vote to deny given consideration of the
Comprehensive Plan, the traffic issues and the domino effect that was occurring. They needed to stop the
effect.
Bob Brooks said he didn't have much to add as most every1hing had already been mentioned. Traffic was his
biggest concern in this area. The off set intersection of Diana Street and Kirkwood Avenue was extremely
problematic. The application would continue the domino effect. To piece meal this together given the adjoining
residential areas and the traffic problems, would not be the correct direction to move in right now.
The motion to deny passed on a vote of 7-0.
Miklo said home occupations were allowed in any home. The resident could have a small business in the
home which would be limited to 25% of the floor area. By minor modification one outside empioyee could be
employed on a full time basis. In terms of the training aspect, he didn't think it would be outside of the
definition of home occupation for the owner to occasionally employees who were not employed on a regular
daily basis to come there on occasion for training. It would have to be reviewed by a Building Official to clarify,
but it did seem like this business in a smailer capacity could occur as a home occupation on that property
without amending the zoning code.
CZ06-00001, discussion of an application submitted by James Batterson for a rezoning from R, Residential, to
County A, Agricuitural for approximately 4.34-acres of property located in Fringe Area A on the south side of
Linder Road N E.
Miklo said the property was just north of Interstate 80, located within the City's growth area. Someday it might
be annexed into the City. Even though it was a County action, the Fringe Area agreement called for the
Commission to review the rezoning. The Board of Supervisors would have final say but looked to the City for
its recommendation. The cemetery that was currently there wished to purchase an additional 4.5-acres to
expand. Cemeteries were not allowed in County residential zones but would be allowed in the County
Agricultural zone by conditional use permit. Staff felt that the open space use of the property as a cemetery
would be a good use because it was adjacent to the Highway. It would have occasional traffic. A concern was
the narrowness of Linder Road and that there are only two off-street parking spaces for the current cemetery.
Miklo said Staff recommended that when the County reviewed the conditional use permit, they look for a way
to provide additional off street parking for the expanded cemetery. Staff recommended approval of the
rezoning from R, Residential, to County A, Agricultural with the anticipation that there would be a conditional
use permit for a cemetery use.
Brooks asked if the County had indicated any plans in their general improvements plan to improve Linder
Road, it was pretty narrow I bad in that section. Miklo said they did not.
Public comment was opened. There was none. Public discussion was closed.
Motion: Smith made a motion to approve CZ06-00001, a rezoning from R, Residential, to County A,
Agricuitural for approximately 4.34-acres of property located in Fringe Area A, with a conditional use permit for
Planning and Zoning Commission Minutes
May 18, 2006
Page 9
a cemetery and recommendation for additional off street parking for the expanded cemetery. Koppes
seconded.
The motion passed on a vote of 7-0.
Koppes said some of the persons who'd been in attendance for REZ06-00012, might not be aware that the
Commission didn't have the final word and that they could also speak before the City Council. She requested
City Staff to send a letter to them.
Miklo said the policy was that if an item was denied by the Commission, it did not go on to City Council unless
the applicant formally requested it. If the applicant made such a request then City Staff would notify the
persons who'd spoken during public discussion.
CONSIDERATION OF 4/20106 MEETING MINUTES:
Motion: Smith made a motion to approve the minutes as typed and corrected. Plahutnik seconded.
The motion passed on a vote of 7-0.
OTHER ITEMS:
Miklo gave notice to the Commissioners that at their next formal meeting, there would be a few Zoning Code
amendments regarding housekeeping items that had come up, would need to be discussed and voted on.
Staff would notify members of the neighborhood associations, realtors association, homebuilders association,
and other public who would have an interest that Code Rewrite items would be included on the next agenda.
ADJOURNMENT:
Motion: Smith made a motion to adjourn the meeting at 9:00 pm. Eastham seconded.
The motion carried on a vote of 7-0.
Elizabeth Koppes, Secretary
Minutes submitted by Candy Barnhill
s:/pcdfmlnuleslp&zl2006l0S-1 B..Q6.doc
Iowa City Planning & Zoning Commission
Attendance Record
2006
FORMAL MEETING
Term
Name Expires 1/5 1/19 2/2 2/16 3/2 4/6 5/18
B. Brooks 05/10 X X X X X X X
C. Eastham 05/11 X
A. Freerks 05/08 X X X X X OlE X
E. Koppes 05/07 OlE X X X X X X
W Plahutnik 05/10 X OlE X X X X X
D.Shannon 05/08 X X X OlE X X X
T. Smith 05/11 X X OlE X X X X
INFORMAL MEETING
Term
Name Exoires 2/13 2/27
D. Anciaux 05/06 X X
B. Brooks 05/10 X X
A. Freerks 05/08 X X
E. Koppes 05/07 X X
W Plahutnik 05/10 X X
D.Shannon 05/08 OlE 0
T. Smith 05/06 X X
Key:
X = Present
0 = Absent
OlE = AbsenVExcused
N/M= No Meeting
I
MINUTES
IOWA CITY BOARD OF ADJUSTMENT
. MAY 10, 2006
EMMA J. HARVAT HALL - IOWA CITY, CITY HALL
PRELIMINAR~
WfJlJ
MEMBERS PRESENT: Carol Alexander, Karen Leigh, Michelle Shelangouski, Ned Wood, Michael
Wright.
STAFF PRESENT: Sarah Walz, Sarah Holecek
OTHERS PRESENT: Jason Hilsman, Dick Brown, Robert Crane, Sandra Rasles, Mary Lou Gay, Ed
Morgan, Mary Lee Dixon, Nestor Lobodiak
CALL TO ORDER:
Chairperson Leigh called the meeting to order at 5:00 PM.
CONSIDERATION OF THE APRIL 13. 2006 MINUTES
MOTION: Shelangouski moved to approve the April 13, 2006 minutes as submitted. Wright
seconded the motion.
Motion passed 5:0.
SPECIAL EXCEPTIONS:
EXC06-00008: Discussion of an application submitted by Ace Auto Recyclers for
a special exception to permit a salvage yard for property located in the proposed Heavy Industrial (1-2)
zone east of South Riverside Drive.
Walz said that in 1974, at the request of the property owners at that time, the City annexed this property
as part of an approximately 45-acre annexation. The westerly 300 feet of the annexation area, including a
portion of the applicant's property was zoned light industrial (M-1) and the easterly 591 feet of the
annexation area was zone Heavy Industrial (M-2). She noted that this and other adjacent properties were
rezoned to 11 as part of a citywide rezoning in 1983.
Walz stated that at the time that this area was annexed, and before any salvage yard was allowed in this
area, the owners of what are now the Ace salvage yard and the adjacent salvage yard to the north
(Russell) entered into a Conditional Zoning Agreements (CZA) specifying conditions that would be
required to allow the operation of a salvage yard. She noted the intent and the requirements of the CZA
were to ensure that:
1. The salvage yard would be located at least 300 feet east of Old Highway 218 (Riverside Drive);
2. There would be a berm and landscaping to screen views of the property from the highway and the
Iowa River;
3. the auto recycling operation wouid consist of only temporary storage of automobiles awaiting
crushing and crushed automobiles and equipment related to the crushing operation; and
4. The area used for automobile salvage would not exceed 5 acres.
She stated that the CZA was recorded as a covenant running with the land so that it applied to the
owners who agreed to it as well as future owners. Neither the previous property owners nor the current
applicant has adhered to the conditions of the CZA. Walz said the salvage yards (Russell and Ace) were
expanded beyond the 5-acre areas agreed to by the City and the property owners, and the Ace site now
covers approximately 10 acres. She added that the berms and landscaping were not put in place or have
been removed. Walz said that Russell Salvage Yard is not part of this application and remains in violation
of the zoning agreements.
Walz said that in May 2005 the current operator, Ace Auto Recyclers, requested a rezoning of his
property from General Industrial (11) to Heavy Industrial (12) to allow expansion of the salvage yard. The
applicant wished to build new buildings for office and warehouse space. She noted that this request was
deferred indefinitely by the Planning and Zoning Commission in order to allow the applicant to address
the above zoning violations, including the location of the saivage operation within 300 feet of Old Highway
Iowa City Board of Adjustment Minutes
May 10, 2006
Page 2
218, the absence of landscape screening and vegetation around the salvage operation, and a limit on the
size of the operation to 5 acres. Since the 2005 rezoning request, Walz said, the applicant has removed
the salvage materials from property located within 300 feet of the right-of-way of S. Riverside Drive.
Walz stated that as part of the rezoning request, the applicant has proposed a number of improvements
to the property including a plan for landscape screening and fencing that are intended to bring the
property into general compliance with the original conditional zoning restrictions on the property as well
as requirements of the current Zoning Code. She added that at its April 20 meeting the Planning and
Zoning Commission recommended a rezoning from 11 to 12 for the 11.36 acres now under consideration
for a special exception, subject to the installation of landscape and fence improvements as specified in
the site plan. She noted that the City Council will consider the rezoning to 12 at its May 23 meeting. Any
approvai for this special exception is subject to Council's approval of the rezoning the property to i2.
Walz said that approximately one half of the proposed salvage yard property falls within the 1 DO-year
flood piain, and the presence of a blue line on the USGS topographic map for this property indicates a
stream corridor/drainage way on a small portion the north eastern corner of the property. She said the
drainage way, which feeds into Willow Creek, is subject to the Sensitive Areas Ordinance and an access
easement.
She said the applicant is now requesting a special exception to iegitimize the existing salvage yard and to
allow for expansion of the saivage yard for the 11.36 acres. The applicant is also proposing to build an
office and parts warehouse on the adjacent property within the existing 11 zone, however, that portion of
the property is not part of the special exception under consideration.
The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to
conserve and protect the value of property throughout the city, and to encourage the most appropriate
use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner
that does not intrude upon adjacent property. The Board may grant the requested special exception if the
requested action is found to be in accordance with the regulations found in Section 14-4B-4C-5 Special
Exception Review Requirements for Salvage Operations in the Heavy Industrial (12) zone and the
general standards for special exceptions as set forth in Section14-4B-3.
Specific Standards:
Walz said that the proposed use must be located at least 1,000 feet from any residentially zoned
property. The property zoned industrial on east side of Riverside Drive is at the edge of Iowa City
Corporate limits. The property located to the west of the road is zoned agricultural by the County.
In addition, she stated that salvage operations are required to completely enclose all storage and work
areas with a fence bulit to the S5 standard, and saivage materials may not be plied against the fence or
piled higher than the fence. She noted that the applicant has provided a site plan showing that the entire
salvage yard surrounded by an 8-foot high, solid wood fence on all four sides. The presence of a blue line
on the USGS topographic map for this property indicates a stream corridor/drainage way on a small
portion the north eastern corner of the property require a 15-foot buffer. Walz said that the site plan also
shows the required 15-foot firebreak on all sides of the property inside the fence. She said the applicant
has not addressed how the firebreak will be maintained.
Walz said the standards for salvage yards also require that all combustible waste be stored no closer
than 100 feet from any property line unless enclosed in a masonry building of not less than 4-hour, fire
resistive construction. The applicant has indicated that no combustible material of this type will be stored
on the property.
In considering the generai standards required of all special exceptions, Walz said the specific proposed
exception will not be detrimental to or endanger the public health, safety, comfort or general
welfare. She said that salvage yards are permitted in the 12 zone by special exception. In addition to the
8-foot high fence surrounding the salvage yard, the applicant's site plan proposes evergreen trees along
the west and southwest portions of the property, where the property is visible from South Riverside Drive.
The location of the salvage yard, set more than 300 feet east of S. Riverside Drive, along with the 8-foot
solid fence and landscape screening will conceal the salvage operation and its outdoor storage from
public view and buffer neighboring properties from the noise and dust that are associated with this use.
Iowa City Board of Adjustment Minutes
May 10, 2006
Page 3
Walz said that salvage yards pose an environmental risk due to the chemicals that remain on the cars
even after they have been drained of fuel and fluids. For this reason salvage yards containing more than
250 cars are required to obtain a storm water permit from the Iowa Department of Natural Resources.
Walz stated that because a portion of the salvage site falls within the 100-year flood zone there are
potentially risks for water contamination. In Staff's view it is imperative that the applicant bring all DNR
permits up to date to account for the location and expansion of the salvage yard. In addition, the drainage
way, which feeds into Willow Creek, is subject to an access easement requiring that access to the
drainage way be unobstructed. Staff recommends that fence proposed by the applicant should be
constructed so as not to enclose the drainage way.
She added that because waste tires are a significant breeding habitat for mosquitoes that carry West Nile
and other serious viruses, open air storage of tires can pose a public health concern. The Iowa DNR
recommends that tires stored outdoors be covered with'a tarp and limits the number of waste tires stored
indoors or outdoors to 500 before a permit is required. Walz said the applicant has indicated that on
average he stores 250 re-saleable ties and an additional 200 waste tires on the site and that waste tires
are picked up for recycling on a bi-weekly basis. In addition, it is illegal to bury or burn waste tires.
Restricting the number of number of waste tires stored on the site and manner in which tires are stored
will minimize the potential health issues.
The specific proposed exception will not be injurious to the use and enjoyment of other property
in the immediate vicinity and will not substantially diminish or impair property values in the
neighborhood. Walz said the majority of the salvage yard will be set back more than the required 300
feet from Riverside Drive. In addition, she said that the proposed 8-foot high fencing surrounding the
salvage yard and evergreen tree screening along the west and southwest portions of the property, where
the property is visible from South Riverside Drive, will help to conceal the salvage operation and its
outdoor storage from public view and buffer neighboring properties from the noise and dust that are
associated with this use. Properties to the north and south are zoned General Industrial (11).To the east
property is public land, a former landfill, which is closed to the public due to environmental concerns.
Neighbors to the west include Bekins Moving and Warehouse Company, the Johnson County Fair
Grounds and agricultural land. In Staff's view the improvements proposed by the applicant for landscape
screening and fencing will mitigate the negative effects associated with the salvage yard operation.
Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the zone in
which such property is located. Walz said the expansion of the salvage operation in keeping with the
proposed site plan will bring the property into compliance with the original conditional zoning restrictions
on the property as well as the requirements of the current Zoning Code. In Staff's view the applicant will
create a more attractive situation for future development on surrounding property by setting the salvage
yard back 300 feet from S. Riverside Drive and by providing the fence and screen improvements
proposed in the site plan.
Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. Walz noted the applicant will pave the entryway from Riverside Drive up to the gravel access
easement that runs parallel to the railroad in front of the property. This area of the city is not served by
City sewer or water, however due the remote location of the site and the limited intensity of the use, a
private system is acceptable.
Adequate measures have been or will be taken to provide ingress or egress designed so as to
minimize traffic congestion on public streets. The applicant will pave the entryway from Riverside
Drive up to the gravel access easement that runs parallel to the railroad in front of the property.
Except for the specific regulations and standards applicable to the exception being considered,
the specific proposed exception, in all other respects, conforms to the applicable regulations or
standards of the zone in which it is to be located. Walz said the 12 zone requires that all outdoor
storage areas located on a along a side or rear lot line that does not abut a public right-of-way must be
screened from view of the adjacent property to at least the S3 standard. She added that the code
specifies that "if a fence is built around the storage area, the required screening must be located between
the fence and the adjacent property." She said that this requires the applicant to install additional
landscape screening to the S3 standard along the south, east, and northern boundaries of the property.
Iowa City Board of Adjustment Minutes
May 10, 2006
Page 4
In addition, Walz said, the 1974 Conditional Zoning Agreement for the original salvage yard required
similar screening on the east side of the salvage yard-screening, screening which was never installed.
The properties abutting the site on the north, another salvage yard, and vacant land to the south are
zoned 11, to the east the property is former landfiil. She said the future land use scenario in the South
Central District Plan shows this as pubiic/private open space, but at this time the area is not open to the
public due to environmental concerns associated with the former landfill.
In Staff's view, the established vegetation and the general inaccessibility to the salvage yard on its north
and east boundary seem provide the same function as the required screening. However, neither Staff nor
the Board of Adjustment has the authority to alter this requirement. The applicant may apply for an
amendment to the Zoning Code, to waive the requirement for this additional the S3 screening along the
south, east, and northern boundaries of the property.
She said that the presence of a blue line on the USGS topographic map for this property indicates a
stream corridor/drainage way on a small portion the north eastern corner of the property. According to the
Sensitive Areas Ordinance, stream corridors require a 15-foot buffer from development.
The proposed use will be consistent with the Comprehensive Plan, as amended. Walz said the
South Central District Plan acknowledges conflicts in this area between Industrial/commercial and
residentiai uses. A mobile home park is located approximately 1700 feet to the northeast of the site. The
long-term land use scenario for the area is to phase out residential uses within the flood zone. She added
that the District Plan recommends that industrial and commercial business be allowed to operate in a
reasonable manner within areas zoned for those uses, and specifies that "industrial zoning is most
suitable for those properties with direct access to the railway and Riverside Drive.
Walz said the District Plan also recognizes Riverside Drive as an entranceway to Iowa City. Because of
its high visibility, the Plan encourages aesthetic Improvements along this corridor and calls for special
efforts to provide effective screening along Riverside Drive where salvage yards are visible from the
public right-of-way. Expansion of existing salvage operations may be considered if effective screening of
the salvage yard is provided.
In staff's view a salvage yard is a service that may be necessary to serve the community. However
because of the negative effects on adjacent properties and the general character of an area, such
operations need to be strictly controlled. She said the existing salvage yard in this location has been
operating for a number of years in non-compliance with zoning requirements. The applicant wishes to
receive a building permit to construct an office building/parts warehouse and a tear-down building where
vehicles would be disassembled as part of the salvage operation. Walz stated that the building permit will
not be issued as long as the property is in non-compliance with the Zoning Code. The applicant has
agreed to a Conditional Zoning Agreement for the rezoning of 11.36 acres to 12, which allows
establishment of salvage yards by special exception. The special exception and CZA will allow the City
and applicant to work together to bring this property into compliance with the zoning code. If approved the
existing salvage operation will be allowed to expand form approximately 10 acres to 11.36 acres. She
said that prior to this expansion a solid wall at east 8 feet in height will be built around the entire salvage
operation. The wall will be supplemented with evergreens trees on the west and south side to provide
better long-term screening from S. Riverside Drive. She said the salvage yard will be moved at least 15
feet away from the stream corridor and compliance with DNR requirements will be demonstrated.
Staff recommends that EXC06-00008, an application for a special exception for property in the proposed
Heavy Industrial (12) zone east of South Riverside Drive to permit a salvage yard, be approved subject to
the following conditions:
1. City Council approval of the 12 zoning;
2. The applicant must apply for a building permit in order to establish the salvage use.
Prior to issuance of the building permit, the applicant must:
3. Install all landscape and screening improvements as specified in the approved site plan except for
those adjacent to the proposed building in the 11 zone. The spruce trees on the west and south side of the
Iowa City Board of Adjustment Minutes
May 10, 2006
Page 5
fence shall be planted in a staggered pattern, 20 feet on center. They shall be a minimum of 2" in caliper
at the time of planting unless an alternative is approved by the City Forester. The area designated by the
blue line stream must remain outside the fenced area of the site and a 15-foot buffer must be left between
the fence and the blue line drainage way. Prior to issuance of an occupancy permit for the new building,
all other required landscaping, as indicated in the site plan, must be installed;
4. Provide a maintenance plan for keeping the required 15-foot firebreak clear of trees and shrubs;
5. Bring all DNR permits related to the salvage and auto parts operation and
storm water permits up-to-date and have such permits filed with the City.
After establishing the salvage use, the continuation of the use is subject to the following conditions:
6. No salvage (cars or parts) may be stored outdoors on any portion of the applicant's property outside of
the fenced area;
7. Outdoor storage of tires (whole or partial) is limited to no more than 600 tires and all tires must be
covered by a tarp to prevent mosquito habitat. Tires may not be stored within 100 feet of a property line;
8. Vehicles must be crushed and removed from the site on a regular basis.
Alexander asked how a property with such a long history of noncompliance managed to function for so
many years. Walz said there were some enforcement actions taken, and the case went to court.
Alexander asked how will the conditions established if the motion is approved be monitored. Holecek said
that if not in compliance they could be cited with a municipal infraction, and the property needs to be
brought into compliance. She said that many actions are taken based on complains. Alexander said that
she infers that it will be unlikely to have the property in non-compliance again.
Wright asked what is the roughly distance between the east wall of the salvage yard and the river. Walz
said that she does not know the exact answer, but she walked the parameter of the site around the river
and is nearly impossible to see the salvage yard from the river. She added that area along the river is
closed to the public.
PUBLIC HEARING OPENED
Hilsman said they have been working with staff for a year. He added they cleaned the site and try to
make changes towards better. He said they work with the Police, Fire Department, and City Streets
Department. He said they run a good business and do not try to make anyone mad.
Wright asked when the last flood on the property was. Hilsmen said the last big flood was in 1993 but the
water did not make it to the property. He said the river is about 3/4 mile away from the salvage yard.
Shelangouski asked what is the plan for access to the 15 foot fire fighting access. Walz said the plan
needs to be reviewed and signed by the fire department. She added that the dashed line on the site plan
is the 15 foot firefighting access and should be continuous around the parameter of the property.
Shelangouski asked if there are two driveways on the property. Helsmen said there is currently one
driveway and two are proposed.
PUBLIC HEARING CLOSED
Alexander said this will be an improvement to the current situation. Wood said there are problems with
the current situation of the property but good resolutions are proposed to improve the situation.
MOTION: Alexander moved that EXC06-00008, an application for a special exception for property
in the proposed Heavy Industrial (12) zone east of South Riverside Drive to permit a salvage yard,
be approved subject to the following conditions:
1. City Council approval of the 12 zoning;
Iowa City Board of Adjustment Minutes
May 10, 2006
Page 6
2. The applicant must apply for a building permit in order to establish the salvage use.
Prior to issuance of the building permit, the applicant must:
3. Install all landscape and screening improvements as specified in the approved site plan except
for those adjacent to the proposed building in the 11 zone. The spruce trees on the west and south
side of the fence shall be planted in a staggered pattern 20 feet on center. They shall be a
minimum of 2" in caliper at time of planting unless an alternative is approved by the City Forester.
The area designated by the blue line stream must remain outside the fenced area of the site and a
fifteen foot buffer must be left between the fence and the blue line drainage way. Prior to issuance
of an occupancy permit for the new building, all other required landscaping, as indicated in the
site plan, must be installed;
4. Provide a maintenance plan for keeping the required 15-foot firebreak clear of trees and shrubs;
5. Bring all DNR permits related to the salvage and auto parts operation and storm water permits
up-to-date and have such permits filed with the City. After establishing the salvage use, the
continuation of the use is subject to the following conditions:
6. No salvage (cars or parts) may be stored outdoors on any portion of the applicant's property
outside of the fenced area;
7. Outdoor storage of tires (whole or partial) is limited to no more than 600 tires and all tires must
be covered by a tarp to prevent mosquito habitat. Tires may not be stored within 100 feet of a
property line;
8. Vehicles must be crushed and removed from the site on a regular basis. Wood seconded the
motion.
AMENDMENT: Leigh amended condition number 6 to read no salvage (including tires, cars or
parts) may be stored outdoors on any portion of the applicant's property outside of the fenced
area. Wood seconded the amendment.
Wright said that salvage yards are needed. She said that it appears to meet all specific standards. He
said the property is located at least 1,000 feet from any residentially zoned property and will be enclosed
with a fence. He added that it will not be detrimental to or endanger the public health, safety, comfort or
general welfare. He said there are certain hazards associated with salvage yards, but if all DNR permits
are approved and the tires will be properly stored and managed they will meet this general standard as
much as possible. He said that it will not be injurious to the properties in immediate vicinity. He said that
the property will not be particular visible from Riverside Drive. He added that all surrounding properties
are zoned general industrial, and that will mitigate any effect on other properties. He noted this will be an
improvement to the property. He said that adequate utilities are in place. He added that outdoor storage
requirement, landscape and screening seem to be met. He said this is consistent with the Comprehensive
Plan of the city. He said Is a fairly reasonable use for the industrial zone. Wright said he will vote in favor
of the application.
Alexander said this will be an improvement for the property. She will vote in favor for the reasons already
stated.
Shelangouski will vote in favor for the reasons already stated.
Wood will vote in favor for the reasons already stated.
Leigh will vote in favor for the reasons already stated.
The amended motion passed 5:0
Iowa City Board of Adjustment Minutes
May 10, 2006
Page 7
EXC06.00003: Reconsideration of an application submitted by First Presbyterian
Church for a special exception to permit installation of a columbarium, a structure
containing niches for storage of cremated remains, for use by the church members for property located in
the Low Density Single-Family Residential (RS- 5) zone at 2701 Rochester Avenue.
Walz said that in 2004, the First Presbyterian Church applied for and was granted a special exception to
allow the construction of a columbarium on church property. Walz said the special exception was
opposed by owners of neighboring residential properties. The neighbors challenged Staff's interpretation
that columbaria were an acceptable accessory use for religious facilities in the RS-5 zone. The neighbors
contended that because the Zoning Ordinance specifically required RM-12 zoning for cemeteries and
mausoleums, and because the Zoning Code did not address columbaria specifically, it was therefore
beyond the jurisdiction of the Board of Adjustment to grant the special exception. She added that a law
suit challenging the special exception is pending.
Walz stated the Iowa City Zoning Ordinance was updated in December 2005. The new code includes a
new chapter that describes all land use categories (14-4A). She said the chapter provides descriptions of
various principal uses associated with each land use category as well as the accessory uses associated
with each principal use. Columbaria are listed as an accessory use (by special exception) for religious
facilities. While the prior special exception is due to be challenged in district court, the church has chosen
to avoid the delay of a trial and has reappiied for a special exception under the provisions of the new
Zoning Ordinance.
Walz said the applicant is now requesting a special exception to allow the construction of a 96-niche
columbarium, which will allow storage for 192 urns. She said that columbarium is "a structure of vaults
lined with recesses for cinerary urns." Walz said the zoning code defines a religious institution as an
organization having a religious purpose, which has been granted a Federal tax exemption as a section
501 (c)(3) organization under the Internal Revenue Code. The columbarium is intended for use by
members of the First Presbyterian Church and, as such, is a facility related to the use of the church.
Walz said the purpose of the Zoning Ordinance is to promote the public health, safety and general
welfare, to conserve and protect the value of property throughout the city, and to encourage the most
appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in
a manner that does not intrude upon adjacent property. She said the Board may grant the requested
special exception if the requested action is found to be in accordance with the regulations found in
Section 14-4B-4D-14, pertaining to religious institutions in the RS-5 zone, and the general standards for
special exceptions as set forth in Section14-4B-3.
Specific Standards require that religious institutions have access to a collector or an arterial street and
specify minimum front and side setbacks of 20 feet and a minimum rear setback of 50 feet. Walz said the
existing church with the proposed columbarium wiil meet or exceed all of these requirements.
Walz said the standards also indicate that proposed religious use should be designed to compatible to
adjacent uses. She said the proposed columbarium is located away from direct view from residential
properties and is small in comparison to the church building; it measures 5 feet high and has a diameter
of 7-10 feet. In addition to the wide setback, existing trees and shrubs provide screening along Rochester
Avenue. She noted that the church anticipates no significant increase in traffic and therefore proposes no
additional parking to accommodate the columbarium. Because of its proposed location, size, and
anticipated use, in Staff's view, the columbarium wiil have no significant adverse affects of the livability of
nearby residential uses due to noise, glare from lights, late-night operations, odors, or litter.
General Standards:
The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort or general welfare. Walz said there is an existing church on this
property. In Staff's view the expansion of this religious institution to include a columbarium wiil have no
foreseeable effect on public heaith, safety, comfort or welfare. She said the proposed columbarium is
relatively small in scale (5 feet high and a radius of 7-10 feet) when compared to the existing church
building. The columbarium will be located at least 50 feet away from Rochester Avenue and wiil not be
highly visible from adjacent residential properties. Although the coiumbarium may generate occasional
visitors, Walz said that the traffic associated with its presence is not expected to increase significantiy
Iowa City Board of Adjustment Minutes
May 10, 2006
Page 8
from traffic already generated by the existing church services. She said the church has indicated that the
proposed columbarium will not change the intensity of use of the property by its members and does not
anticipate any need for additional parking.
The specific proposed exception will not be injurious to the use and enjoyment of other property
in the immediate vicinity and will not substantially diminish or impair property values in the
neighborhood. Walz said the columbarium will not be highly visible from the street or neighboring
properties. She added that the church property and the proposed location for the columbarium are
screened by established trees and bushes along Rochester Avenue, and the front setback is more than
the required 20-foot minimum setback. Traffic generated by the columbarium should not exceed the type
of traffic that is generated for memorial or funeral services, which are already a part of church's function.
Walz said the applicant has provided information on property values of homes located next to cemeteries
and supporting statements from other churches that have estabiished columbaria. Walz stated that even
though cemeteries are more intense uses than columbarium, the information submitted by the applicant
indicates that the presence of a cemetery in a residential neighborhood in the Iowa City area has not had
a diminishing affect on property values.
Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the zone in
which such property is located. Walz said the surrounding residential properties are already fully
developed.
Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided. She said that adequate utilities, access and drainage are in place to serve
the existing church on this property. The columbarium will not increase demand on these facilities.
Adequate measures have been or will be taken to provide ingress or egress
designed so as to minimize traffic congestion on public streets. The Church
has two driveways onto Ml. Vernon Drive and one onto Rochester Avenue. Walz said the proposed
coiumbarium would be located to the west of the driveway onto Rochester Avenue. As noted traffic
associated with the columbarium should be negligible.
Except for the specific regulations and standards applicable to the exception being considered,
the specific proposed exception, in all other respects, conforms to the applicable regulations or
standards of the zone in which it is to be located. Walz said the proposed addition complies with the
dimensional requirements for religious institutions in the RS-5 zone. Minimum 20-foot front and side
setbacks and the 50-foot rear setback are met or exceeded by both the church building and the proposed
columbarium.
The proposed use will be consistent with the short-range Comprehensive Plan of the City. Walz
stated the Northeast District Plan, a component of the Comprehensive Plan, identifies this area as
appropriate for institutional uses, which would include religious institutions.
Staff recommends that EXC06-00003, an application for a special exception to allow a columbarium
addition to a religious institution in the Low-Density Single- Family zone at 2701 Rochester Avenue be
approved, subject to general compliance with the plans submitted with the application.
Wright asked what the standard of "substantial diminution" is. Holecek said that it is up to the Board to
decide whether evidences presented would lead to conclude that properties in the area could be
substantially diminished by the inclusion of the proposed special exception. She added that there is no
exact definition, but the focus should be on the words "substantial" and "diminish", not necessarily not
growing at the same rate as other properties.
PUBLIC HEARING OPENED
Brown, 2905 Saddle Club Road, NE, said that there are some people in the audience that will talk about
diminished property values and the landscape around the columbarium.
Crane said that he is a long time broker, appraisal and property manager in Iowa City. He said that he
Iowa City Board of Adjustment Minutes
May 10, 2006
Page 9
has been in business for 36 years. He said that, in his opinion, it is hard to measure the effect produced
by a columbarium since there are no before and after evidence in market saies for this community. He
said that the measurement is reduced to legal measurements of compensations. He added that there are
federal guidelines on this issue. The state of Iowa falls in line with these federal rules on the
compensation if there were a before and after situation. This was more of an image thing. Crane said the
zoning is proper, in his opinion. The church has been in place for a long time, and does not believe that
properties as far away as they are from the site will be influenced by the proposed columbaria. He said
that the proximity to the columbaria does not even have to be included in the disclosure statement when
properties are sold. Crane said that, in his opinion, the columbarium does not have the offensive,
negative quality that will affect most buyers.
Rasles said she has been a real estate broker for 26 years. She said that she had never heard of a
columbarium before hearing from Mr. Brown. The columbarium as seen in the brochure is striking in the
simplicity of its structure, with its granite it would appear to be complimentary to the building of a church.
She said that she doubted that anyone would recognize what the columbarium was. She said that there
are a few residential lots adjacent to cemeteries. She said that these properties are priced as any other
properties for the same square footage and features. She said the columbarium will not be visible to
neighboring properties. She was surprised to hear that anyone would think that this would diminish
property values. She added that swing sets in the back yard of a property might have more diminishing
values than a columbarium would.
Brown, handed a new letter received from a realtor.
Lobodiak, 229 Green Mountain Drive, objected to presentation of new letter because it was not filed with
the city clerk or given to opponents prior to hearing.
Holecek indicated that it would be a part of the public record.
Gav said that the landscaping plan for the columbarium is to surround it with evergreens so that is not
visible from the street. She said that bricks will be layered in a circular fashion and little benches will be
installed. She said that the landscape is very simple with the goal of screening the coiumbarium so that it
is not visible anywhere but from the church.
Brown said no other neighbors have complained about the coiumbarium. They had a neighborhood
meeting where 2 or 3 other neighbors attended but there were no complaints.
Moraan, the pastor of the church, said that the church is a good neighbor and wants to be a good
neighbor. He said they try to be respectful of the neighborhood in all their activities. He said their whole
approach is to be a neighborhood church. Morgan said the columbarium is limited in scope, administered
only to people in the congregation. He said they have two families waiting for the columbarium to be
installed. He said that churches and cemeteries are great quiet neighbors to live with and churches are
great neighbors because there are no parties at night. The church does not plan to expand this greatly on
the property.
Dixon. 241 Green Mountain Drive, said that she has been a realtor for 25 years. She said that previously
Mr. Brown had submitted sales information on a number of properties located on Catskill Court, which
back up on a cemetery. She said these figures show most properties went up in value when looking over
time. She said Mr. Brown's methodology was not correct and unreliable. She said that in standard real
estate practice you must compare the saie price of subject properties adjacent to cemeteries to similar
properties not adjacent to cemeteries in order to determine the effect, if any, that a cemetery has on the
value. Dixon said she calculated the percent of increase in the sale price per year in the several of the
Catskill properties and compared them with sell prices of similar properties in other locations in the city.
2502,2512,2514,2552, and 2554 Catskill, all split-foyer style zero lot line condos near cemeteries went
up in value per year 3.3%, 4.8%, 4.5%, 2.6% and 3.1 %. She added that similar split foyer style zero lot
line condos located at 707 Jama Court and 1741and 1755 Grinn Drive increased in value per year 5.2%,
7.1% and7.8%. She added that the property at 2582 Catskill, a 2-story style condo unit increased in value
0.5% per year. She said a similar property at 1621 Grinn increased in value by 19.5% per year. She said
she conciuded that the cemetery has a negative impact on property values based on the information
presented.
Iowa City Board of Adjustment Minutes
May 10, 2006
Page 10
Dixon said that the letter from a West Des Moines law firm mentions three properties that have sold in the
vicinity of the church/columbarium. She said that she spoke with a realtor colleague in Des Moines about
these properties. She said that none of the properties mentioned in the letter are adjacent to the church.
One is a block away and the other are across the street a block away. She said that he described the
columbarium as very plain brick, quite innocent looking, which looked more like a wall than like a
monument. She added that in walking by one would not easily be aware of it. She said that only one
neighboring property could possibly see the very end of it. Again Brown's comparison is incorrect.
She read from a statement from a speech given the senior minister of State for Law in Singapore in 2005.
That statement indicated that land owners in Singapore benefit from enhanced property value from
certain land uses, such as MRT stations or giant retail centers, or up-zoning, but that others may suffer if
a columbarium is located nearby.
Alexander questioned whether a difference in price between east and west sides of Iowa City. She said
she was aware of a difference in housing prices on the east and west sides. She wondered whether there
might be other factors besides the location close to the cemetery that might influence the property values.
Dixon indicated that it depends on the buyer and their individual preferences-beauty is in the eye of the
beholder. Alexander asked whether there were averages for one side of the town versus the other or if
Dixon would counsel a client that prices were higher on one side of town. Dixon said not necessarily and
that she found the differences in her comparison striking. Alexander clarified that she did not feel that a
columbarium and a cemetery were the same thing. Dixon said she could agree to a certain extent, but
that she supplied a further comparison to show that the information that Brown presented does not
support the issue of non-diminishment of values.
Lobodiak 229 Green Mountain Drive. He said that Mr. Crane is correct in saying that the proper measure
of damages is going to be burden before and after. He said you have to look at comparable properties
that are not burdened and properties that are burdened and subtract the difference and come up with
federal severance damages. This is a case of first impression-no other comparisons. That does not
mean that it is not rational. Lobodiak said that Alexander and Wright had looked at the West Des Moines
ietter as proof that property values are not affected by columbarium. He said that the letter only mentions
that the three properties have gone up in value, but the letter does not compare like properties-before
and after. That does not mean that values have not been impaired.
Lobodiak said that the church has to bring evidence that it will either not substantially diminish or will not
impair property values. He said it is an alternative to show one or another, and the evidence presented
does not adequately support that columbarium will not affect properties in the area. They have not
presented adequate evidence to find that it will not impair values. He said that there is no evidence to
support their claim that there will be no impairment in the value of properties. He said that some people
may find the columbarium attractive, but others will not. Some people will not purchase next to a
cemetery or a columbarium.
Alexander asked Lobodiak what he thought the reason would be for not wanting to buy near a
columbarium. He responded that it was the burial of cremated human remains within sight distance of
your home some people might have a problem with. Some people do not want to live next to a cemetery,
but the burden is on the applicant to show that there will not diminish or impair property values. The
evidence from West Des Moines was incomplete. He does not believe the applicant had met the burden
of proof.
Brown indicated that the columbarium would not be visible from the properties of those neighbors who
objected.
PUBLIC HEARING CLOSED
Alexander said that she would like to talk about the property value issue. She said that she thought about
it and has a concern as to how to look at that as a Board. She said that they can look as additional things
that are part of the standards which in violation will diminish property values (traffic, ingress-egress, litter,
noise, etc.). Holecek said that the general standards and the board are created to do justice when the
iiteral application of the zoning ordinance is a hardship or can burden other properties. She said that the
general standards are created to strike the balance of negative externalities when you allow a special
Iowa City Board of Adjustment Minutes
May 10, 2006
Page 11
exception use in the area. She said while there are particular standards they all attempt to achieve the
same thing, balance the rights of all property owners against negative externalities.
Shelangouski said that all standards apply to the whole. If the special exception meets the other general
standards that one could interpret that to mean that property values would not be diminished. She said
that while the church did not prove a dollar for dollar value with regard to property values, she believed
that they had met all the other standards they need to meet. This allowed her to conclude that it would not
substantially diminish values.
Alexander said that she did not think that it would be unreasonable for applicant to have to provide such
scientific comparisons in order to meet the burden of proof, that there were broader considerations that
inform the issues.
Holecek offered an example of visual impact.
Alexander said that one of the considerations is general welfare. She said that she tends to look at
general welfare in a broader sense, and believes that columbarium is a good solution to a space use
problem with regard to cemeteries. If a columbarium can be done reasonably and fit into a neighborhood.
Wood said they will never get hard proof of property values since there are so many factors are affecting
property vales. He said that he sees nothing that would lead him to believe that the columbarium will have
a substantial impact on property values of surrounding properties.
MOTION: Wood moved that EXC06-00003, an application for a special exception to allow a
columbarium addition to a religious institution .in the Low-Density Single- Family zone at 2701
Rochester Avenue be approved, subject to general compliance with the plans submitted with the
application. Wright seconded the motion.
Alexander said that columbaria are listed as an accessory use to a religious institution. She said that it will
be located away from the direct view of residential properties. She added that it is not a large structure
and will have a garden around it. Alexander said the church had tried to make it an attractive, meditative
space. She said that there will be no significant effects on livability of the area as it relates to noise, traffic,
glare from lights, odor or litter. She made a comparison to City High's tennis lights in terms of
externalities. She said that it will not be detrimental to or endanger the general public's health, safety,
comfort or general welfare but it will enhance the general welfare due to the solution that it offers instead
of cemeteries.
Alexander said that even if compared with properties adjacent to cemeteries it can not be stated that they
had suffered a substantial diminution in values. She said that "substantial" is a meaningful requirement.
Even accepting evidence regarding diminishment of values next to cemeteries was not enough to arrive
at substantial. She said it will not be offensive. She said people going along the street will not know what
it is.
Alexander said that the establishment of the specific proposed exception should not impede the normal
and orderly development and improvement of the surrounding property since everything is already
developed. She said that it will not put a stress on public streets, and in all other respects, conforms to the
applicable regulations or standards of the zone in which it is located. She said that the proposed use is
consistent with the Comprehensive Plan of the City.
Wright will vote in favor. He said the application meets all the specific standards in terms of being on a
collector street and setbacks. He added that most people will not even notice the thing is there, much less
know what it is. Thus the possibility of substantial diminishment of property values is very unlikely. He
added that the rest of general standards are cleariy met.
Shelangouski said that she will vote in favor for the reasons already stated. She said that it will not
substantially diminish property values. She said the landscape plan will help immensely making it look
nicer.
Wood will vote in favor. He said that is almost impossible to reach the level of proof that will make this an
easy vote. He felt there was a lot of evidence to show that property value will not be substantially
Iowa City Board of Adjustment Minutes
May 10, 2006
Page 12
diminished. He said that he does not believe that property values are in danger of being substantially
diminished.
Leigh said that she will vote in favor for the reasons already stated.
The motion passed 5:0.
OTHER:
NONE
BOARD OF ADJUSTMENT INFORMATION
Holecek said that the request for reconsideration on the initial ruling for Wal-Mart drive through and gas
station was denied.
ADJOURNMENT:
The meeting adjourned at 6:52 PM.
s:fpcdJminulesJBOAf20Q6JOS-l 0006.doc
Board of Adjustment
Attendance Record
2006
Term
Name Expires 01/11 02/08 03/08 04/13 05/10
Karen Leil!:h 01/01/07 X X OlE X X
Carol Alexander 01/01/08 X X X X X
Michael Wril!:ht 01/01/09 X X X X X
Ned Wood 01/01/10 X X X X X
M. Shelanl!:ouski 01/01/11 X X X X X
Key:
X = Present
0 = Absent
OlE = Absent/Excused
NM = No Meeting
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