HomeMy WebLinkAbout2016-08-02 Bd Comm minutesMay 19,2016
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MINUTES
IOWA CITY AIRPORT COMMISSION
MAY 19, 2016 — 6:00 P.M.
AIRPORT TERMINAL BUILDING
Members Present: Julie Bockenstedt, Minnetta Gardinier, Robert Libby
Members Absent: A. Jacob Odgaard, Chris Ogren
Staff Present: Michael Tharp, Eric Goers
Others Present: Matt Wolford, Melissa Underwood
FINAL
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council
action):
Recommend granting utility easement to MidAmerican Energy. (Discussion item e)
DETERMINE QUORUM:
The meeting was called to order at 6:04 P.M. by Libby. Gardinier asked about the temporary
secretary situation. Tharp stated that they would need to appoint a temporary secretary.
Bockenstedt noted that she would be temporary secretary. Members agreed to Bockenstedt
being temporary secretary 3-0
APPROVAL OF MINUTES:
Next the minutes of the April 21, 2016, meeting were reviewed. Libby moved to accept the
minutes of the April 21, 2016, meeting as presented. Gardinier seconded the motion.
The motion carried 2-0, Bockenstedt abstaining as she was not at this meeting.
PUBLIC DISCUSSION:
None.
ITEMS FOR DISCUSSION/ACTION:
"M'' ?�
2b 1)
a. Request for Event -
i. Rotary Club of Iowa City — Tharp noted that John Ockenfels
facilitated this request as a Member of the Rotary Club of Iowa
City. He noted that the Rotary Club is asking for permission to
hold their event where they transition in their new District
Governor. They have done this in the past, using Ockenfels
hangar. Tharp stated that the event will be serving alcohol and
this is why the Commission must approve the request. The club
has the necessary insurance in place, so this will not be an issue.
Libby moved to approve the Rotary Club of Iowa City's
request as discussed. Gardinier seconded the motion. The
motion carried 3-0.
May 19, 2016
Page 2
b. Airport Master Plan — Tharp noted that he does not have much of an
update on this topic, but that Melissa Underwood may have some
comments. She noted that they have submitted the Master Plan and ALP
to the FAA for their review. Underwood briefly reviewed what the next
steps will be in this process and responded to Member questions.
C. FAA/IDOT Projects: AECOM / David Hughes -
i. FYI Apron Expansion — Tharp noted that Hughes is not present
this evening. He continued, stating that the apron extension has
just gotten started. Survey work was done earlier today and
tomorrow should see the dirt starting to be removed, before the
project begins in earnest.
ii. FYI Obstruction Mitigation — Tharp noted that as
Underwood stated, they are waiting for the ALP to receive the
FAA's approval before moving forward with this project.
Gardinier asked about the various flags she has seen in the
area. Tharp responded, noting that these have to do with
elevations mainly.
d. Jet Air Hangar Proposal Deferred — Tharp noted that he is still working
with Jet Air on this proposal and therefore he is asking that the
Commission defer both resolutions at this point in time. Matt Wolford with
Jet Air stated that after a meeting with their accountants, they realized
they needed to rethink this project and make some changes. He noted
that they will most likely need the subcommittee to meet at least once
to discuss these changes. Jet Air still plans to move forward with this
plan, theyjust need to look at how they go about it. Wolford continued,
noting that they would have to begin work by mid-July if they plan to
complete this project yet this year. Otherwise they would have to wait
until the next construction season begins. He then spoke to the need for
the subcommittee to meet in the next week or so. Members spoke briefly
about the participation for this subcommittee, in light of Odgaard's
absence until mid-June.
L Consider a resolution setting a public hearing to amend the
FBO agreement - Gardinier moved to defer the Jet Air Hangar
proposal public hearing to amend the FBO agreement, as per
the discussion. Bockenstedt seconded the motion. The
motion carried 3-0.
ii. Consider a resolution setting a public hearing for a 30 -year
ground lease - Gardinier moved to defer the Jet Air Hangar
proposal public hearing for a 30 -year ground lease, as per the
discussion. Bockenstedt seconded the motion. The motion
carried 3-0.
e. South T -hangar Utility Construction — Tharp stated that this is tied in
with their ongoing hangar project. He noted that they have Mid -American
lined up to do the utility work; however, they are requesting an easement
before moving forward. He then shared a late handout with Members
regarding this. Tharp further explained what this will entail, noting that the
City Council will need to grant this easement to Mid -American.
May 19, 2016
Page 3
L Consider a resolution recommending Council approve an
easement with Mid -American Energy for gas and electric
utility line placement at the Iowa City Municipal Airport —
Gardinier moved to recommend Resolution #A16-15 to the
City Council to approve an easement to Mid -American
Energy. Libby seconded the motion. The motion carried 3-0.
Airport Operations
i. Strategic Plan — Implementation — Tharp stated that there isn't
much of an update at this time.
ii. Budget — Tharp noted that the fiscal year will end June 301h.
Regarding the budget, he noted that on page 15 of the electronic
document, invoices for the boiler repairs can be found. There is
also a charge from Seneca for one of the self -serve motors.
Bockenstedt asked Tharp why some of the percentages are so far
over budget. He noted that it could be the way things were coded
when they did the line items. He then reviewed some of the
charges and responded to Member questions regarding these.
Gardinier stated that she too questions why they have so many
areas of overages. Tharp stated that he will go over the areas in
question and give Members some detail on them. Gardinier
pointed out some that she would like further explanation on.
Tharp stated that he would prepare a memo and highlight the
accounts and the charges. Bockenstedt then noted on page 33
that 'Total Revenues' is higher than 'Total Expenses,' and that this
is a good thing. Tharp agreed, noting that they should expect to
have some money left at year-end.
1. Annual Report — Tharp noted that he incorporated the
comments received from Members and he then shared a
newly updated version with them. The report will be
presented to the City Council sometime this summer.
Libby volunteered to do this in Odgaard's absence.
iii. Management — Tharp stated that he did attend the Iowa Aviation
Conference last week and received some good information
regarding a new set of rules from the FAA for drone operators.
They should hear something in June on this. He also noted that
FAA news regarding funding for the upcoming year was
somewhat on the negative side. This may impact the obstruction
mitigation projects, according to Tharp. The State news was not
much better as far as funding possibilities.
g. Airport Commission By -Laws — Tharp noted that they touched on this
at last month's meeting. He briefly explained the reason the City Clerk's
office brought this issue forward, in hopes of aligning the various boards
and commissions better. For the Airport Commission, this means
extending the existing terms to July and changing the meeting at which
officers are elected.
I. Consider a resolution amending the by-laws — Gardinier
moved to recommend approval of Resolution #A16-16 to
amend the current by-laws per the discussion. Libby
seconded the motion. The motion carried 3-0.
May 19, 2016
Page 4
h. FBO / Flight Training Reports -
i. Jet Air — Matt Wolford shared the monthly maintenance reports
with Members. He noted that in April they had problems with both
the large tractor and the small tractor, plus the rain kept them from
keeping up with mowing. He then talked about the fire
extinguishers at the Airport, and Gardinier asked about these and
whether they are weather resistant or not. Wolford stated that
anymore they are all plastic and don't have metal pieces that can
rust. Continuing, Wolford stated that they performed repairs on a
picnic table and the roof at the public viewing area. They also
worked on cleaning up building G and hauled some old things to
the landfill. Gardinier noted that when she fueled up recently, the
motor on the self -serve hose was making a terrible grinding noise.
Wolford stated that they are watching this to see what is
happening as they have had problems with this motor for some
time now. Gardinier suggested they pull the maintenance records
on this self -serve for the past few years to see just what they have
done. Continuing, Wolford noted that Jet Air has been keeping
busy, especially the past few weeks. He shared some of the
things happening within Jet Air.
Commission Members' Reports — Gardinier shared that she did the
handicap flight for the Air Race Classic and they passed her handicap
ride. She further explained what this entailed. Libby noted that they have
begun planning for a disaster drill at the Airport. He added that this
coming Saturday there will be a disaster drill with the bomb squad here in
Johnson County.
j. Staff report — Tharp stated that at the recent Aviation Conference he was
elected to the board of directors for the Public Airports Association. He
noted that this group is basically legislative in nature, where they
advocate for legislation and bills that support aviation.
SET NEXT REGULAR MEETING FOR:
The next regular meeting of the Airport Commission will be held on Thursday. June 16, 2016,
at 6:00 P.M. in the Airport Terminal Building. Tharp noted that Odgaard will still be gone and
that Gardinier will also be gone. Ogren is expected to return for this meeting, however.
ADJOURN:
Libby moved to adjourn the meeting at 7:05 P.M. Gardinier seconded the motion. The
motion carried 3-0.
CHAIRPERSON DATE
May 19, 2016
Page 5
Airport Commission
ATTENDANCE RECORD
2015-2016
Key:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
TERM
o
0
0
0
-+
0
0
0
0
0
0
01
V
00
fD
O
-+
N
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N
N
W
A
CTS
NAME
EXP.
cn
M
o
i
w
m
to
-•
N
oo
V
0
N
N
N
fll
(JI
fJl
G1
O
01
0)
01
O
01
Minnetta
03/01/19
0/
Gardinier
E
X
X
X
X
X
X
X
X
X
X
X
X
Jose
03/01/16
0/
N
N
N
Assouline
X
X
X
X
X
X
X
X
E
X
M
M
M
Chris Ogren
03/01/18
0/
0/
X
X
X
X
X
E
X
X
X
X
X
X
E
A.Jacob
03/01/18
0/
O/
Odgaard
X
E
X
X
X
X
X
X
X
X
X
X
E
Julie
03/01/17
N
N
N
N
N
O/
0/
Bockenstedt
M
M
M
M
M
X
E
X
X
X
X
E
X
David Davis
03/01/17
N
N
N
N
N
N
N
N
N
N
N
O
0
M
M
M
M
M
M
M
M
M
M
M
Robert Libby
03/01/20
N
N
N
N
N
N
N
N
N
N
N
M
M
M
M
M
M
M
M
M
M
M
X
X
Key:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
2b(2)
MINUTES APPROVED
BOARD OF ADJUSTMENT
JUNE 15, 2016 — 5:15 PM
MPOJC OFFICE, CITY HALL
MEMBERS PRESENT: Larry Baker, Connie Goeb, Becky Soglin, Tim Weitzel
MEMBERS ABSENT: Gene Chrischilles
STAFF PRESENT: Susan Dulek, Sarah Walz
OTHERS PRESENT: Thomas McInerney, Justin Matiyabo, Katie Sturgell, Sue Benton,
Mike Benton, Binua Matiyabo, Anthony Smith
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Baker outlining the role and purpose of the Board and
the procedures that would be followed the meeting.
CONSIDERATION OF THE APRIL 13, 2016 MEETING MINUTES:
Soglin moved to approve the minutes of April 13, 2016, with minor changes.
Goeb seconded the motion.
A vote was taken and the motion passed 4-0.
SPECIAL EXCEPTION ITEM (EXC16-00003):
Discussion of an application for a special exception submitted on behalf of the King of Glory
Church to allow expansion of an existing daycare center located in the Low Density Single -
Family (RS -5) zone at 2024 G Street and 931 Third Avenue.
Walz began the staff report noting that she did receive a letter from a neighbor earlier in the day
which she distributed to the Board [and was distributed to the applicant].. Walz explained that
the Board had previously approved a daycare to be located in a house that is associated with
the Church and subsequently approved a second special exception to expand the daycare from
16 to 33 children. The Church is now seeking to increase the daycare again by expanding into
the basement of the church. Walz noted there will need to be some modifications to the church
building to accommodate the daycare. She showed photos of the location from various views
and also the site plan for the property. A few issues with the site plan, the daycare will still
operate out of the house, but they wish to expand into the basement of the church, which will
involve creating an ADA accessible path to enter into the lower level of the church.
Board of Adjustment
June 15, 2016
Page 2 of 12
Walz stated that the biggest issues for daycare operations in residential zones are parking and
vehicle traffic and the noise associated with children. Walz explained that when Staff was
reviewing this application one of the chief concerns was vehicle circulation and parking. Staff
has been observing the parking situation and on most days there were only five or six vehicles
in the lot. The applicant has proposed some screening to screen the play area as well as some
of the parking area.
Walz reviewed the specific standards. In regard to required indoor and outdoor activity areas,
she noted that following the DHS standards there was sufficient activity areas. Vehicular
circulation access to the shared parking area is provided via a curb cut from G Street so that is
where all the traffic would come from. The applicant has stated that to provide adequate care
for the various age groups of children they will require only 10 employees. With 10 employees
and 64 children, the daycare is required to provide a minimum of 16 parking spaces + 3
stacking spaces. The parking area shared by the Church and daycare provides 20 parking
spaces and sufficient space for 3 cars to stack adjacent to the entrance from the parking area.
However at peak times it may be necessary for cars to park on the street, or there may be some
delay entering or exiting the lot. However, the daycare makes use of van service to transport
many of its clients to and from the site.
With regard to pedestrian circulation there is adequate pedestrian access to the Church building
and daycare from the parking lot from G Street. With the site development standards Walz
noted they plan to bring the parking area closer to conformance, with the removal of a portion of
the pavement to create more separation from parking to public sidewalk and by adding
screening along Muscatine Avenue to screen the play area. The Church had previously
received a parking reduction special exception based on the schedule for the daycare and the
Church do not operate in the same business hours. This special exception can continue as long
as the hours of operation for the daycare are noted to not interfere with Church business.
Walz said that she would not review all of the general standards listed in the Staff report, but
did note with regards to `the specific proposed exception will not be detrimental to or endanger
the public health, safety, comfort or general welfare" staff believes the application satisfies this
criterion based on findings articulated in the specific standards regarding vehicle circulation and
pedestrian access. Additionally, by providing van service to provide pick-up and drop-off of
children, the daycare greatly reduces the demand for parking and circulation on what is a
constrained site. That along with the sufficient parking and on -street frontage parking will be
adequate.
Staff recommends approval of EXC16-00003, a special exception to allow the expansion of an
existing daycare and a reduction in the required parking from 40 spaces to 20 on property
located in the Low Density Single -Family (RS -5) zone at 2024 G Street subject to the following
conditions:
Hours of operation shall be limited to 7:00 AM to 6:00 PM, Monday
through Friday.
Substantial compliance with the site plan submitted. Fencing of the
play area that faces onto Muscatine Avenue will be black chain link.
The size of the daycare may not exceed 64 children according to the
age schedule submitted with this application.
• The applicant must secure a building permit for the proposed
Board of Adjustment
June 15, 2016
Page 3 of 12
modifications to the church building in order to establish the use.
Recommended that all parking loading and unloading should take
place within the parking area or on the G Street frontage.
Walz noted that the final condition was to address what may occur if the
daycare would ever change such that most children are not provided van
service to the site.
Goeb noted this is the third time this property has been in front of the Board for a special
exception. The first was just to allow the daycare, next to increase the number allowed in the
daycare, and now to again increase the allowable number. Walz confirmed that statement.
Goeb asked how the daycare can keep increasing the number of children without increasing the
parking necessary. Walz said there is a small increase in the parking but it doesn't extend over
the 20 spots that are there. The parking is based on number of employees, and the number of
employees needed is based on the ages of the children in the daycare. She explained that if
the City does receive complaints about parking issues at the location they will check to make
sure the daycare is operating to the age schedule they said they would to make sure they are
not using extra parking.
Goeb asked about noise and if there were any Code regulations to control that. Walz said there
are not, but the Board could impose a condition on the special exception that would address
noise if they wish.
Baker asked about the playground size and what the maximum number of children that could be
on the playground at one time. Walz said the maximum number of children on the playground
at any one time is 19. Baker questioned what was meant by a privacy fence. Walz explained it
would be a 5-6 foot solid, for example wood, fence.
On the question of parking, Baker noted the report states "most of the children at the daycare
are served by a pickup service and are delivered to the site by a van which reduces the number
of vehicles coming into the lot" but a van requirement is hard to enforce. Walz said the City can
enforce that they have a van and they offer van service but cannot force families to use that
service. Dulek suggested that if the Board wishes to impose the condition of a van service, they
should also indicate a percentage of clientele that must use the van, such as one-third, so that
there is then a way to follow up and assure the van service is being utilized.
Baker asked the applicant to come forward to address and answer questions of the Board.
Thomas McInerney (1208 Marcy Street) is the architect for 921 Third Avenue project. He
explained that the project is achievable because they have the opportunity to utilize the
remaining part of parking that was not being utilized and also with the installation of a ramp
there will be an accessible access to the basement level, which has an existing restroom that
can be modified for accessibility. The intent of this project is to not put an addition on but rather
utilize currently unutilized space. The children that this daycare serves are 90% from low-
income housing so this will be an opportunity to service more of that population. He added that
part of the project will be to install fire sprinklers into the building.
Soglin asked if McInerney could describe how the outdoor areas are used. McInerney said the
playgrounds are used in shifts so that is why they needed more indoor space to accommodate
all the children even when some are on the playground. Soglin asked if that meant that there
Board of Adjustment
June 15, 2016
Page 4 of 12
would be children on the playground throughout the entire day.
Justin Mativabo (2024 G Street) came forward to answer Soglin's question. He said they play
outside on rotation, each group is outside for about a half-hour twice a day.
Baker questioned the addition of more children to the daycare and how that would affect the
number of children on the playground at one time. Walz said there is sufficient outdoor space to
accommodate the added children. Baker voiced concern about added noise. Goeb asked how
many staff are supervising the children when they are outside. McInerney referred to the DHS
guidelines for ratios of staff per child is based on the ages of the children.
There was discussion regarding the van that is used for the daycare. it is a 15 -person van and
is used for ail ages of children that attend the daycare. Matiyabo noted that DHS checks to
make sure the van is compliant for transporting children.
Baker asked about the playground and how much fencing would be necessary to create the
privacy from the neighbors. McInerney said it would be about 5 to 6 feet.
Soglin expressed concern about the playground on the Muscatine Avenue side of the property
and that a chain link fence does not seem sufficient for such a busy road. She also voiced her
concern about supervision of children while on the playground.
Baker opened the public hearing.
Katie Sturaell (920 4^ Avenue) is a native of Iowa City and questioned the number of children
up to the age of two the daycare will have and according to DHS regulations of one employee to
every four children. Walz said that is correct up to 24 months, but it changes at 24 months, and
the daycare will be overseen by DHS regulations. Sturgell noted her concern is the level of
supervision for the children. Her house backs up to the outdoor play area of the daycare and
said it can be very noisy. Additionally the children shout at her dog and throw things into her
yard at the dog—this is not being addressed by the staff who are supposed to be watching the
children.
Goeb asked about the fence and Sturgell said it is her chain link fence on the property line.
Sturgell stated that on June 8 her husband was in the backyard with the dog and one of the
children did come over the fence from the daycare into the backyard. At that time there was no
supervision for the handful of children that were playing outside. Another child had to go inside
to get an employee to let them know one of the children had jumped the fence.
Baker asked how many times Sturgell has noticed children on the playground with no
supervision. Sturgell said she has not kept exact track but it has been half a dozen to a dozen
times that the children were teasing her dog without the employees intervening, but it was only
the one time her husband saw no adult supervision on the playground.
Baker asked if Sturgell had ever filed a complaint with DHS and Sturgell said she has not. She
intends to look on the DHS website for information on filing a complaint about the June 8
incident.
Soglin asked if Sturgell has spoken with any of the daycare staff or supervisors and Sturgell
Board of Adjustment
June 15, 2016
Page 5 of 12
said she had not, but intends to.
Baker asked if there were a 6- to 8 -foot solid wood fence would that alleviate some of Sturgell's
concerns and she replied it would.
Baker asked about the noise concerns and when those became a problem. Sturgell said it has
been more noticeable this summer and is fairly consistent throughout the day.
Soglin asked when the daycare increased the number of children, and Walz said that was in
2015.
Sue Benton (2001 Muscatine Avenue) stated that when they moved into this neighborhood 18
years ago they knew there was a church nearby and knew that meant every Sunday there
would be more traffic and activity than on weekdays. One day a week, maybe some occasional
weekday meetings, that was acceptable. The building changed hands many times, sometimes
they were good neighbors, sometimes not. When the King of Glory congregation bought the
property they asked for a special exception to start a daycare and Benton said she was not
thrilled about that idea. However because she wanted to be a good neighbor, she did not
object. In hindsight they should have thought about all the children playing outside, the noise,
the increased traffic and commotion that comes now on a daily basis. Now King of Glory wants
another special exception to nearly double the number of children they serve, which will be
more noise from the playground, increased traffic, and basically expanding their business into
what has traditionally been a quiet residential area. Benton questions where does this end.
She is not in favor of granting this special exception and feel that expansion of this daycare
business further intrudes on the nature of their residential neighborhood.
Goeb asked if Benton noticed a change when the daycare expanded in 2015. Benton said that
yes, the noise level became more noticeable over time as well as the traffic.
Mike Benton (2001 Muscatine Avenue) stated he feels like the proposed expansion is a done
deal and questions once the Board allows this new service, if the Church goes away, does the
daycare and the ability to use the property remain. Walz said that yes the daycare could still
remain but also noted no decision had been made. She stated that the Board makes that
decision based on evidence and testimony they hear from the public as well as the applicant.
Baker added that there are no preparatory meetings of the Board, they are hearing this
application for the first time at this meeting. Walz explained that the Board has options, they
can approve a request, they can deny a request, or they can approve a request with conditions.
Benton voiced his concern about the proposed expansion saying he feels the property will no
longer function primarily as a church but rather a business.
Baker asked for clarification from the applicant about the daycare operations.
Binua Mativabo (2024 G Street) confirmed that the Church runs the daycare but the clientele is
not restricted to Church members.
Baker closed the public hearing.
Goeb questioned the square footage of the entire facility and if her calculations are correct they
could provide daycare for up to 91 children. Walz said she did not know for sure, but that while
further expansion may be possible based on the square footage, any further expansion would
Board of Adjustment
June 15, 2016
Page 6 of 12
be limited by the minimum parking requirements.
Baker asked about the current parking capacity and what capacity of children will that allow for.
Walz said it would depend on the ages of the children, how many staff would need to be added,
and how many parking spaces those staff would need. After this request, they are very close to
capacity of parking spaces per employee.
Baker noted the areas of concern: the available parking and the screening and noise concerns,
both of which are based on the allowable density. Walz agreed, she however noted that while
Staff is fine with a privacy fence along the property lines to screen from the neighboring houses,
however, for aesthetic reasons she thought it was unlikely that
staff would recommend a privacy fence along Muscatine Avenue.
Weitzel asked if a solid fence was the normal mitigating factor used for noise control. Walz
replied that given the limitations on space for setbacks or landscape buffering, it likely was the
only means of addressing noise.
Baker shared his concerns that this application is a dramatic increase in density, it will have an
impact on parking and traffic, and there is demonstrated evidence of neighbors' concerns about
noise, based on the current density.
Goeb agreed that the density is a concern.
Soglin also feels the density is a concern.
Weitzel stated that with regards to the van service, the Board could articulate the
recommendation of using the van service to mitigate the amount of traffic in and out of the area,
however as Staff has indicated it is going to be difficult to enforce.
Soglin stated that it appears that taking the density up to 64 children is too much, but
questioned if the daycare could add more children without building another playground. Walz
said that additional floor area was needed and that was to be added in the church building.
Soglin asked if the play area has to be connected to the building the children are in, or can they
be walked across the lot to the other playground. McInerney stated there is no requirement that
says the playground must be connected to the building. Soglin stated that is a concern for her,
that walking children across the lot to a playground area risks a child running off or being
injured. Walz noted that the Board is able to determine if the site is fit for what is being
proposed, based on the general and specific criteria.
Baker asked if the Board was in agreement that there should be some fencing buffer, such as6
foot solid fence, between the existing playground and the neighboring houses. Goeb and Soglin
said that condition would only be necessary if an increase in density was allowed.
Goeb stated that she is not supportive of approving an increase in density. Soglin stated that if
she were to agree to an increase it would be a very small number. She had supported the two
previous special exceptions for the daycare but did not feel she could support this much larger
expansion. Soglin said she was sympathetic to the fact that the Church is providing a service,
one that is needed in the community, however there is some valid information from neighbors
that this is a residential area and that the expansion proposed is too much. This building was
Board of Adjustment
June 15, 2016
Page 7 of 12
just a church, which is very different from a daily daycare. If the site was larger or if the
buildings and parking area were arranged differently it might be more appropriate.
Weitzel stated he would have a problem with voting for a small increase in capacity that cannot
be achieved due to financial limitations. A certain density will be needed to financially allow for
the improvements to the church basement and alterations for accessibility.
Weitzel moved for the approval of EXC16-00003, discussion of an application for a
special exception submitted on behalf of the King of Glory Church to allow expansion of
64 children to an existing daycare center located in the Low Density Single -Family (RS -5)
zone at 2024 G Street and 931 Third Avenue.
Goeb seconded the motion.
Goeb stated regarding agenda item EXC16-00003 she finds that under the general standards
#2 the proposed exception would be injurious to the use and enjoyment of other property in the
immediate vicinity. From the testimony of the neighbors it has been shown that it has impinged
on their enjoyment and has been injurious and would only get worse with increasing the
capacity of the daycare.
Soglin seconded that finding and also stated that with regards to general standards #1 the
specific proposed exception will be detrimental to or endanger the public health, safety, comfort
or general welfare. She feels there would be significant safety issues to increase the daycare
size in this location.
Weitzel concurred with the finding that general standard #2 is not met based on the testimony
that the noise has affected quality of life issues for the neighboring residents.
A vote was taken and the motion was denied 0-4.
Baker stated the motion declared denied, any person who wishes to appeal this decision to a
court of record may do so within 30 days after this decision is filed with the City Clerk's Office.
SPECIAL EXCEPTION ITEM (EXC16-000041:
Discussion of an application submitted on behalf of Little Creations Academy to allow the
establishment of a daycare center in the Low Density Single -Family (RS -5) zone at 2929 East
Court Street.
Walz began the staff report showing an aerial photo of the property, noting that since that photo
had been taken a couple of duplexes have been constructed close to the property at each
corner. The property is in a residential zone, however the site is considerably larger than the
previous application. The daycare would be in the lower level of the church, it is more of a
garden level than basement. The parking lot is not conforming in that it does not have the
required setback or appropriate screening. The designated play area the applicant has
proposed would wrap around the back portion of the property where the entrance is located.
Walz explained that there is more than ample parking for a daycare, even if some spots were
removed to bring the parking lot into compliance, they could make up for the lost spots by
restriping and adding compact spaces. Staff is recommending moving the play area away from
Board of Adjustment
June 15, 2016
Page 8 of 12
the neighboring property lines and adding a fence and hedging to mitigate noise and for
screening. The applicant is proposing to start the daycare with 16 children but the intent is to
grow to 42 children. The interior floor plan shows there is adequate square footage for the 42
children, and the play area (outdoor playground) is also adequate. Walz noted that the
vehicular situation is appropriate due to the two curb cuts into the parking area and more than
adequate parking and for stacking of vehicles during drop-off and pick-up times. With regards
to pedestrian circulation there are two sidewalks that lead from the site to the street.
With regards to general standard #2 and being sensitive to the residential properties the play
area is suggested to be constructed at least 20 feet from where the houses property lines are
and the addition of privacy fencing and additional screening.
Staff recommends approval of EXC16-00004, a special exception to allow the establishment of
a daycare center for up to 42 children on property located in the Low Density Single -Family
(RS-5)zone at 2929 E. Court Street subject to the following conditions:
Substantial compliance with the site plan submitted with some
modification to the play area location, shifting the northern boundary
south 15-20 feet south to allow greater separation between the
daycare use and the adjacent residential dwelling to the east.
Hours of operation shall be limited to 7:00 AM until 6:00 PM,
Monday through Friday.
Retain the shrubs along the east side of the outdoor play area
and install privacy fence in this area (a 5-6 foot solid fence).
Establish the required 10 -foot setback between the parking area
and sidewalk on Raven Street and install low (S2) shrub screening
as required by code.
Install 4-5 small trees along the west side of the parking lot to
serve as screening forthe parking area.
Establish required bicycle parking.
A building permit is required in order to establish the use
Goeb questioned if neighbors were notified as well as the signs regarding the special exception
being posted. Walz said letters were sent to property owners within 300 feet of any portion of
the Church property. She did note that the sign was taken from the property and not replaced.
Goeb stated her concern that the sign was not on the property for the required time period.
Dulek noted that neither the State Code nor the City Code require notifications, it is part of the
operations manual.
Soglin asked about the parking lots and Walz stated the lots were ample enough for vehicular
circulation and turn -around.
Baker asked the applicant to come forward to address and answer questions of the Board.
Anthony Smith (3715 Banar Avenue SW, Cedar Rapids) pastor for the New Creations
International Church.
Board of Adjustment
June 15, 2016
Page 9 of 12
Baker asked if Smith had any questions or concerns regarding the Staff report. Smith stated
that with regards to the Staff recommendation to add 4-5 trees along the west side of the
property, there is already one large tree there so feels adding 2 additional trees would be
sufficient.
Soglin asked Smith about the hours of operation. Smith said they prefer to open at 6:30 a.m. to
service those that have to be at work at 7:00 a.m. Walz stated that it would be fine to update the
hours of operation to 6:30 a.m. to 6:00 p.m., they just need to be defined reasonably.
Goeb asked if they anticipate the density to go above 42 children. Smith said they cannot due
to the square footage available. He added that they will be starting with 16 children to make
sure the program is operating efficiently with 16 children before adding additional children and
staff.
Soglin asked what the timeline is for increasing from 16 children to capacity of 42. Smith said
that progression would be based on their proficiency and what the director and staff can
accommodate.
Soglin asked about fencing around the playground area. She asked if Smith would be willing to
do fencing higher than 4 feet. Smith doesn't believe the higher fencing is necessary due to the
sloping of the property.
Goeb questioned the fencing along Court Street and the property to the east stating it should be
solid material to help mitigate noise.
Baker agreed, sharing the concern about noise. Stating that having a solid fence and higher
than 4 feet is necessary to help mitigate noise.
Soglin questioned the large tree on the property and safety issues if portions of the tree are
overgrown. Smith stated that DHS liked the tree on the property because it provided natural
shade. They chose the area for the playground because of the natural shade from the tree, the
building and the tall bushes.
Smith also noted that he sent out a notification about this special exception hearing via his app
"Nextdoor" which has a large number of followers from the east side of Iowa City. He only
received positive feedback.
Goeb asked where Smith anticipates the children to come from, the congregation families, or
the neighborhood. Smith said the daycare was always in their plans, and it will be open to all
families.
Goeb asked what the timetable for the opening of the daycare would be. Smith said they had
originally hoped for the end of June, but are still working through all these meetings and DHS
requirements.
Soglin shared concern about 42 children on the playground. Smith said that they won't all be on
the playground. They are starting with 16 children, ages 3-5. When they begin to add more
children they will be younger, and infants will never be on the playground.
Baker opened the public hearing
Board of Adjustment
June 15, 2016
Page 10 of 12
Seeing no one, Baker closed the public hearing
Weitzel noted that with the proximity to residential areas the privacy fence is needed but other
than that feel the application is acceptable.
Baker said they will want to specify which sides of the playground will need the solid fence, the
north and east. Additionally specify the height of the fence to be 6 feet.
Soglin moves to approve of EXC16-00004, a special exception to allow the establishment
of a daycare center for up to 42 children on property location in the Low Density
Single -Family (RS-5)zone at 2929 E. Court Street subject to the following conditions:
Substantial compliance with the site plan submitted with some
modification to the play area location, shifting the northern
boundary south 16-10 to allow greater separation between the
daycare use and the adjacent residence to the east.
• Hours of operation shall be limited to 6:30 AM until 6:00 PM,
Monday through Friday.
Retain the shrubs along the east side of the outdoor play
area and install a 6 foot solid privacy fence on the north and
east sides of this area.
Establish the required 10 -foot setback between the parking
area and sidewalk on Raven Street and install low (S2) shrub
screening as required by code.
Install 2-3 small trees along the west side of the parking lot to
serve as screening forthe parking area.
Establish required bicycle parking.
A building permit is required in order to establish the use.
Goeb seconded the motion.
Soglin stated regarding agenda item EXC16-00004 she concurs with the findings set forth in the
Staff Report of June 15, 2016 and conclude the general and specific criteria are satisfied unless
amended or opposed by another Board member she recommends that the Board adopt the
findings in the Staff Report as our findings with acceptance of this proposal.
Soglin also noted the applicant has met the general criteria regarding not being injurious to
neighbors and has followed DHS guidelines and worked conscientiously with neighbors and
Staff to meet all criteria.
A vote was taken and the motion passed 4-0.
Baker stated the motion declared approved, any person who wishes to appeal this decision to a
court of record may do so within 30 days after this decision is filed with the City Clerk's Office.
Board of Adjustment
June 15, 2016
Page 11 of 12
EXC16-00002: Approval of the decision to allow a Rooftop Service Area for property located in
the Central Business District (CB -10) zone at 115 and 117 Iowa Avenue.
Walz explained that this was a new special exception for the City and in explaining it she made
an error stating live entertainment was not allowed when what is disallowed by Code is live
entertainment using amplified sound. The City Attorney recommended bringing this topic back
to the Board to clarify what the Code allows.
Walz clarified that amplified sound is only allowed by a temporary use permit. No amplified
sound is allowed for live performance.
Goeb stated she would be okay with allowing the live entertainment, so long as no amplified
sound is used.
Baker agreed, live performances (without amplified sound) should be allowed.
Goeb moved to approve EXC16-00002 without the prohibition on live entertainment.
Weitzel seconded the motion.
A vote was taken and passed 3-0 (Soglin abstained due to missing the meeting where the
original vote was taken).
BOARD OF ADJUSTMENT INFORMATION:
Baker said that he had requested a copy of the Rooftop Service Areas ordinance because he
questioned why the Board has the right to review sound and other issues on all other special
exceptions but not this one. After reading the ordinance he is still unclear why an interpretation
was made that precluded the Board from discussing amplified sound, especially since other
criteria refer to sound—such as the requirement for a sound mitigation plan. Baker believes the
Board should request clarification from the Council as to why the Board is barred from
discussing sound particular to just this one special exception. Dulek said it was not likely the
Council would respond and that perhaps the Board should ask for clarification from Staff first as
to why they recommended this ordinance to Council this way. Goeb echoed Baker's confusion
and said it was not consistent. By consensus the Board agreed to ask for clarification on the
interpretation of the ordinance.
ADJOURNMENT:
Weitzel moved to adjourn.
A vote was taken and the motion passed 4-0.
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
NAME
TERM EXP.
8/12
9/14
10/14
12116
1/13
2117
319 1
4/13
6115
BAKER, LARRY
1/1/2017
X
X
X
X
X
O/E
X
X
X
GOEB, CONNIE
1/1/2020
X
X
X
X
X
X
X
X
X
GRENIS, BROCK
1/112016
X
X
O/E
X
—
CHRISCHILLES, T. GENE
1/1/2019
X
X
X
X
X
X
X
X
O/E
SOGLIN, BECKY
1/1/2018
X
X
X
X
X
X
X
O/E
X
WEITZEL, TIM
1/1/2021
X
X
X
X
KEY: X = Present
O = Absent
O/E = Absent/Excused
— = Not a Member
2b(3)
Minutes
Human Rights Commission
June 21, 2016
Lobby Conference Room
APPROVED
Members Present: Eliza Willis, Orville Townsend Sr, Andrea Cohen, Kim Hanrahan, Paul
Retish, Shams Ghoneim, Adil Adams, Joe D. Coulter.
Members Absent: Karol Krotz.
Staff Present: Stefanie Bowers.
Recommendations to Council: No.
Call to Order: Ghoneim called the meeting to order at 5:30.
Minutes from the May 17, 2016 meeting date were approved after noting that Krotz term expiration
should be 2017 and not 2019. Motion Coulter, seconded by Hanrahan. Motion passed 8-0.
A funding request for an ADA Anniversary event featuring Tai Tomasi, a disability rights attorney with
Disability Rights of Iowa, was approved for $100 out of the $325 request. Motion Coulter, seconded by
Hanrahan. Motion passed 7-1 (Townsend dissenting). The event will be held on Friday, July 22 at the
Iowa City Public Library Meeting Room A. The ARC of Southeast Iowa is also a sponsor.
Commissioner Adams and possibly Commissioners Ghoneim and Retish (if their schedules allow) will
staff the vendor table at the ADA Anniversary Celebration 2016. The celebration will be held on
Saturday, July 23 from loam-12pm on the Iowa City Ped Mall.
Commissioner Willis will present the awards to the Juneteenth essay and art contest winners at the Sixth
Annual Juneteenth Celebration being held on Saturday, June 25 from 12pm-6pm at the Mercer Park and
Aquatic Center. An Awards banquet will be held on Friday, June 24 recognizing Trailblazers for Civil
Rights in three different age categories.
Co-sponsors for the upcoming Solidarity event to date include the Center for Human Rights, Consultation
of Religious Communities, Johnson County Board of Supervisors, United Nations Association Iowa
Chapter, and the Muslim Public Affairs Council. This event will be part of a series and will include
keynote speakers and breakout sessions. See attached handout by subcommittee for more information.
Commissioners selected Diane Finnerty to be the keynote speaker for the Annual Human Rights
Breakfast being held in October. Motion Coulter, seconded by Retish. Motion passed 6-2 (Willis and
Cohen dissenting).
The annual job fair may be moved to the Robert A. Lee Recreational Center as it was held in past years.
Commissioners Willis and Hanrahan will meet in the near future to plan a program and/or event prior to
the general election.
Commissioners Cohen, Coulter and Hanrahan attended the Affordable Housing Conference on June 17,
2016. Bowers will send out the links to the PowerPoint presentations from the Conference.
Commissioners Willis and Coulter participated in Iowa City Pride Day on June 18, 2016 on behalf of the
Commission. It is noted as the largest turn out for the event ever.
Commissioners Willis, Retish and Ghoneim met with a group of Disability Rights Activists visiting from
the Ukraine. The meeting included the Mayor of Iowa City as well.
Commissioner Ghoneim and past Commissioner Olmstead will be reappointed on the University of
Iowa's Center for Human Rights Advisory Board.
Reports of Commissioners:
Ghoneim will serve on several cultural panels in the fall to discuss and share information on end of life
care for persons who are Muslim. These include the University of Iowa Center for Human Rights on
September 19, 2016 and October 4, 2016 for Hospice Board.
Adams invited community members to attend the end of Ramadan Celebration
Coulter serves on the Iowa Commission on Native American Affairs, State Department of Human Rights
This Commission recently sent a letter to federal agencies including the Army Core of Engineers, the
Environmental Protection agency that noted the impact the Bakken Pipeline has on Native Communities
here in Iowa. Coulter also did a major presentation on Trends in Indian Health in Iowa.
Adjournment: 7:03 p.m.
2
TOPY
From: Shams y, Jun 1 , 2016 :47 P m@mchsi.com> �l
Sent: Saturday, June 18, 2016 2:47 PM
To: Stefanie Bowers
Cc: Kingsley Botchway; Charlie Eastham; Charlie Eastham; Amy Weismann
Subject: Summary & Minutes of Planning Committee June 16 Meeting
Dear Commissioners and Planning Committee Members:
Below is the summary of that meeting for your information and reference.
Thank you.
Best regards
Shams
June 16,2016 Planning Committee Meeting Summary and updates:
Background and obiective of October 13, 2016 Event:
(Building and Crossing Bridges Together)
As shared previously the intent is to:
Spearhead a grass root event partnering with several entities to plan a Joint Solidarity Event before the
election that can include (UICHR, ACLU -IA, CRC, City Council, JC BOD of Supervisors, Members of the
LGB, Persons with disabilities, Latino /African /Native American Communities, immigrant, refugees, Center
for workers justice, UNI, and Muslim Community) to demonstrate solidarity, propose an action plan, to address
and fight against the hate and fear mongering tactics / rhetoric by GOP front runners, their supporters, and all
who are misinformed.
The Planning Committee met on June 16, 2016 at 11 am in City Hall.
Present: Orville (briefly), Kim, Amy, Charlie, and Shams.
The following agenda items were addressed or bypassed:
* Updates from Plannine Committee members: -
** Kingsley: update on the second session etc. (Absent)
*.* Orville: ideas and updates on race relations. (Left early)
** Charlie: update on his selected topic. Plans to work with Center for Workers Justice on issues of interest.
** Kim: LGBTQ voices. Kim kindly agreed to be a leader/facilitator of a related topic/breakaway group.
Proposed having an Allied group as well
** Paul /Andrea :unable to attend.
COPY
** Amy: UICHR. Proposed that UI students and student groups to be included as well as suggested that we
focus on topics rather than separating breakout groups by specific identities i.e. Muslims, African Americans,
Latinos ,LGBTQ, etc. Since we all have multiple identities. She felt that since the objective of the event is to
Build& Cross Bridges Together, we need to structure the event accordingly by also addressing and focusing on
our commonalities rather than our differences.
** Suggested Topics for breakout groups and identifying leaders/ facilitators:
We need to identify 10 topics and 10 leaders/co-Leaders.
The discussion on format is ongoing. Format Options discussed were:
1) 10 -tables/ groups/ with Facilitator Co -Facilitator as follows:/Identity
1 1) Center for Workers Justice.
2) 2)LGBTQ.Voices and concerns.
3) 3)Ally table to all underrepresented communities..
4) 4)Know your Human and Civil Rights Rights.
5) 5)Muslim, Arab, Southeast Asian, Sudanese.
6) 6)Human Rights and Students Collective voices.
7) 7)Latino Group
8) 8)Disability, Mental Illness, special needs group.
9) 9) Black voices.
10 10) Immigrant and refuges voices.
I1)10 tables/ groups/ with Facilitator+Co-Facilitator as follows:/Topic
1) Workers Rights.
2) LGBTQ Rights.
3) Allies to all & Building Bridges.
4) Race relations and the black voices.
5) Know your Human and Civil Rights.
r OPY
. 6) Being a Muslim, Arab, Sudanese, or Southeast Asian today.
7) Latino concerns and rights.
8) ADA, Mental Illness, barriers, local resources & self -advocacy.
9) Immigrant and refuges lives and challenges.
10) Human Rights and Students Collective voices
** Shams: updated all on progress need to articulate Panel's objective, and participants. Professor Motier
Haskins agreed to be a panelist. (Representing the Muslim Perspective).
Need to articulate Save the day Flyer, what to have on it, including images by the next meeting.
*Committee Members are encouraged to please contact other sponsors and breakout group
leaders/facilitators.
* Present Committee members indicated that best days for them are Mondays & Fridays.
*Suggested next meetings are Monday June 27 at 3 Pm or Friday July 1 at 11 am. Please all email me as
soon as you can your preferred date.
Minutes and summary were respectfully submitted by Shams. G.
Attending committee members please feel free to correctledit as needed.
Iowa City Human Rights Commission's Goal Setting Questionnaire for July 7, 2016
The Commission will hold a goal -setting session on Thursday, July 7 from 5 -7 p.m, in the Helling
Conference Room here at City Hall. The purpose of the session is to prepare a recommendation for the
City Council as it relates to a social and racial equity grant and, if time allows, discuss the current
structure of Commission sub -committees. If time runs out and we are not able to discuss sub-
committees we will plan to continue the discussion at a future meeting date.
Part One:
In its Strategic Plan for 2016-2018 the City Council committed $25,000 to fund a grant that is to advance
social and racial equity in the community. In the space below please answer the following.
How you envision the grant working? Include in your response the role the Commission should play in
the process.
Part Two:
In the fall of 2014 the Human Rights Commission established the following sub -committees:
Community Outreach;
Council Outreach;
Educational Programming;
Educational Outreach.
How can the Commission sub -committees be more effective?
Part Three
Please list and explain any concerns or opportunities as it relates to the Human Rights Commission or
operations. Your response does not need to identify potential solutions.
Please return this questionnaire to Stefanie Bowers either in the self-addressed stamped envelope or via
email at stefanie-bowers@iowa-citv.ora.
Human Rights Commission
Attendance Record
NAME
TERM
EXP.
6/16
15
7/21
IS
8/18
15
9/16
15
10/20
15
11/17
15
12/15
15
1/19
16
2/16
16
3/15
16
4/18
16
5/17
16
6/21
16
Joe D. Coulter
1/1/2019
X
O/E
X
X
X
X
X
X
X
X
X
O/E
X
Adil D.
Adams
1/1/2019
--
--
---
---
---
---
---
O/E
O
O/E
O
X
X
Eliza Jane
Willis
1/1/2019
---
--
---
---
---
---
---
X
O/E
X
X
X
X
Paul Retish
1/1/2017
X
X
X
XX
X
O/E
X
X
X
X
X
Orville
Townsend, Sr.
1/1/2017
O/E
X
X
X
X
jx
X
X
X
X
X
X
X
Andrea Cohen
1/1/2018
—
---
---
—
--
—
X
X
X
X
X
X
Kim
Hanrahan
1/1/2018
O/E
X
X
X
X
X
X
X
O/E
X
X
X
Shams
Ghoneim
1/1/2018
X
X
X
X
O/E
X
X
O/E
X
X
X
X
X
Karol Krotz
1/1/2017
---
---
---
--
--
--
--
--
--
--
---
O
O
Key
X = Present
O = Absent
O/E = Absent/Excused
--- = Vacant
"nTr?r-
2b(4)
Minutes
Human Rights Commission
Goal Setting Session
July 7, 2016
Lobby Conference Room
APPROVED
Members Present: Eliza Willis, Orville Townsend Sr, Andrea Cohen, Kim Hanrahan, Paul
Retish, Shams Ghoneim, Adil Adams, Joe D. Coulter.
Members Absent: Karol Krotz.
Staff Present: Stefanie Bowers.
Call to Order: 5:00 p.m.
The Iowa City Human Rights Commission met on July 7, 2017 with the specific purpose of discussing
how to make its subcommittees more effective and to have a conversation on how City funding in the
amount of $25,000 can be best utilized to advance social justice and racial equity (SJRE Program) in the
community. Commissioners decided to discontinue with standing subcommittees at this time and use
instead ad hoe committees for when concerns or issues arise in the community. The Commission outlined
how a SJRE Program could work as a funding source for the community and will continue to discuss it at
its formal July meeting date.
Adjourned: 6:59 p.m.
Human Rights Commission
Attendance Record
2015/2016
NAME
TERM
EXP.
7/21
15
8/18
15
9/16
15
10/20
15
11/17
15
12/15
15
1/19
16
2/16
16
3/15
16
4/18
16
5/17
16
6/21
16
7/7
16
Joe D. Coulter
1/1/2019
O/E
X
X
X
X
X
X
X
X
X
O/E
X
X
Adil D.
Adams
1/1/2019
---
--
--
---
—
---
O/E
O
O/E
O
X
X
X
Eliza Jane
Willis
1/1/2019
--
--
---
--
--
--
X
O/E
X
X
X
X
X
Paul Relish
1/1/2017
X
X
X
X
X
X
O/E
X
X
X
X
X
X
Orville
Townsend, Sr.
1/1/2017
X
X
X
X
X
X
X
X
X
X
X
X
X
Andrea Cohen
1/1/2018
---
--
--
---
--
---
X
X
X
X
X
X
X
Kim
Hanrahan
1/1/2018
X
X
X
X
X
X
X
X
O/E
X
X
X
X
Shams
Ghoneim
1/1/2018
X
X
X
O/E
X
X
O/E
X
X
X
X
X
X
Karol Krotz
1/1/2017
--
--
--
--
---
—
—
--
—
—
O
O
O
Key
X = Present
O = Absent
O/E = Absent/Excused
-- = Vacant
r_, ---r.® CITY OF IOWA CITY Z
MEMORANDUM
Date: July 8, 2016
To: Mayor and City Council
From: Bob Miklo, Planning & Zoning Commission
Re: Recommendations from Planning & Zoning Commission
At their July 21, 2016 meeting the Planning & Zoning Commission approved the July 7th
minutes with the following recommendations to the City Council:
1. By a vote of 5-0 (Hensch abstaining, Freerks absent) the Commission recommends
approval of REZ16-00005 a rezoning from Intensive Commercial (CI -1) to Neighborhood
Public (P-1) for 3,739 square feet of property located at 818 S. Dubuque Street.
2. By a vote of 6-0 the Commission recommends approval of SUB16-00007 an application
submitted by Hochstedler Building and Development for a preliminary plat of Glenwood
Springs, a 13 -lot, 22.31 acre residential subdivision located at Dane Road SW and
Highway 218 subject to the final plat addressing 1) dedication of Dane Road right-of-way
and 2) an easement to allow access to Palisades Place if the adjacent property develops
for a residential subdivision in the future.
3. By a vote of 6-0 the Commission recommends that the City forward a letter to the
Johnson County Board of Adjustment recommending that if a Conditional Use Permit is
granted to allow a truck equipment and storage business at 4525 Taft Ave, it be limited
to a period of 15 years with a possibility of future renewals.
Additional action (check one)
No further action needed
Board or Commission is requesting Council direction
_X_ Agenda item will be prepared by staff for Council action - Done
MINUTES
PLANNING AND ZONING COMMISSION
JULY 7, 2016 — 7:00 PM — FORMAL MEETING
EMMA HARVAT HALL — CITY HALL
APPROVED
MEMBERS PRESENT: Carolyn Dyer, Mike Hensch, Phoebe Martin, Max Parsons, Mark
Signs, Jodie Theobald
MEMBERS ABSENT: Ann Freerks,
STAFF PRESENT: Sara Hektoen, Bob Miklo
OTHERS PRESENT: Josh Busard, Ron Amelon, Mike Rittenmeyer
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 5-0 (Hensch abstaining, Freerks absent) the Commission recommends approval of
REZ16-00005 a rezoning from Intensive Commercial (CI -1) to Neighborhood Public (P-1) for
3,739 square feet of property located at 818 S. Dubuque Street.
By a vote of 6-0 the Commission recommends approval of SUB16-00007 an application
submitted by Hochstedler Building and Development for a preliminary plat of Glenwood Springs,
a 13 -lot, 22.31 acre residential subdivision located at Dane Road SW and Highway 218 subject
to the final plat addressing 1) dedication of Dane Road right-of-way and 2) an easement to allow
access to Palisades Place if the adjacent property develops for a residential subdivision in the
future.
By a vote of 6-0 the Commission recommends that the City forward a letter to the Johnson
County Board of Adjustment recommending that if a Conditional Use Permit is granted to allow
a truck equipment and storage business at 4525 Taft Ave, it be limited to a period of 15 years
with a possibility of future renewals.
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There were none
REZONING ITEM (REZ16-00005):
Discussion of an application submitted by Johnson County Board of Supervisors for a rezoning
from Intensive Commercial (CI -1) to Neighborhood Public (P-1) for approximately .086 acres of
property located at 818 S. Dubuque Street.
Hensch abstained from the discussion of this item due to his employment with Johnson County
and left the room.
Miklo began the staff report noting that the property to the north was recently rezoned from
Planning and Zoning Commission
July 7, 2016 — Formal Meeting
Page 2 of 6
Intensive Commercial (CI -1) to Neighborhood Public (P-1) to allow for the redevelopment of the
Johnson County Ambulance Center. The County has recently purchased the property to the
south which contained a house that has been removed, and the proposal is to rezone the parcel
Public so the entire piece owned by the County is zoned Public for the redevelopment of the
ambulance center.
Miklo explained that the Iowa City Zoning Code contains the Public zone to notify adjacent
property owners that it is owned by the public and is not subject to the typical zoning
regulations, there are some site development standards, but as long as it is used for a public
purpose uses are not limited. Miklo showed a rendering of what was being built on the property.
The property is in the Riverfront Crossings District and the County has made a good attempt to
make the building compatible with the character envisions for that district.
Staff is recommends approval of REZ16-00005, an application submitted by Johnson County for
a rezoning from CI -1 to P-1 for 3,739 square feet of property located at 818 S. Dubuque Street.
Dyer asked why this project was already under construction if the zoning request has not
already been approved. Miklo said the County applied for this rezoning some time ago but it
has been delayed getting on the agenda, so the building official did issue a building permit
subject to the rezoning. He noted the building official was comfortable doing so because there
really isn't much of a choice, if a public entity owns a piece of property it needs to be zoned
Public.
Parsons opened the public hearing.
Josh Busard (Director, Johnson County Planning, Development and Sustainability) came
forward to answer any questions the Commission has. He noted that the new building is also
the medical examiners building, not just for ambulance.
The Commissioners had no questions for Busard.
Parsons closed the public hearing.
Theobald moved to approve REZ16-00005 a rezoning from Intensive Commercial (CIA) to
Neighborhood Public (P-1) for 3,739 square feet of property located at 818 S. Dubuque
Street.
Signs seconded the motion.
A vote was taken and the motion passed 5-0 (Hensch abstaining, Freerks absent).
(Hensch returned to the meeting room)
DEVELOPMENT ITEM (SUB16-00007):
Discussion of an application submitted by Hochstedler Building and Development for a
preliminary plat of Glenwood Springs, a 13 -lot, 22.31 acre residential subdivision located at
Dane Road SW and Highway 218.
Miklo explained that this property is outside of the City limits but is within the two-mile fringe
Planning and Zoning Commission
July 7, 2016— Formal Meeting
Page 3 of 6
area of the City where the City does have review of subdivisions. The State Code grants the
City the ability to approve or deny subdivisions to ensure that there isn't leap frog development
right outside that doesn't meet City standards where the City might one day expand. The Fringe
Area Agreement specifies that properties that are outside the growth area aren't treated as
stringently as they are if they are within the growth area. This location is just outside the growth
area. The Fringe Area Agreement has a list of standards for this area that are less stringent
than what applied within the City. Miklo said the proposed subdivision does meet or exceed
those standards in terms of street design, sidewalks, concrete streets with curbs and gutter all
of which is more than what is required.
Miklo said that there were some concerns about drinking water for this subdivision in that some
other subdivisions in the area have had issues. The applicant has indicated that they will be
using private water treatment systems to address those concerns. The County Health
Department will have to approve both the septic systems for sanitary sewer treatment and the
wells for the water. Because the subdivision will flow into the Iowa City watersheds it is subject
to the Iowa City stormwater management ordinance and Miklo has spoken with the City
Engineer who has approved this subdivision's stormwater management. Another requirement is
the fire rating, this area is served by a volunteer fire department, and the fire rating puts them on
notice that this is an additional area that they would be responsible for. Miklo said there are
some sensitive areas, some steep slopes, and those are subject to the County's steep slope
regulations, so the County will review those for compliance. If the City standards did apply,
there would have been a requirement for a 300 foot buffer from the interstate for individual
houses. Although this standard does not apply, it was pointed out to the applicant with an
encouragement for a buffer and the applicant responded noting they have worked with the Iowa
Department of Transportation to preserve and add to the trees that are within the right-of-way to
help create a buffer.
Miklo said the staff recommendation is subject to two conditions being addressed at the time of
the final plat. One is the dedication of Dane Road to the City if this property is ever annexed.
The reason for that is in the County the roadways are easement and in the City they are right-of-
ways where the City owns the property. Additionally Staff is recommending that an easement
be provided so that if the property to the south ever develops for residential uses, they could
have access to the street within Glenwood Springs. This would allow both properties to have
two accesses to Dane Road to create a loop system and avoid a cul-de-sac.
Staff is recommending approval of the preliminary plat of Glenwood Springs, a 13-lot, 22.31
acre residential subdivision located at Dane Road SW and Highway 218 subject to the final plat
addressing 1) dedication of Dane Road right-of-way and 2) an easement to allow access to
Palisades Place if the adjacent property develops for a residential subdivision in the future.
Hensch asked how far outside the City limits this property is located. Miklo showed on the map
the area that is City versus the area that is County around this location. This subdivision will be
less than a mile from City limits.
Parsons asked why the subdivision was being developed with two cul-de-sacs rather than just
one, and Miklo believes it is due to a ravine in the center of the property.
Hensch opened the public hearing.
Ron Amelon (MMS Consultants) began by answering the question about the two access points
out onto Dane Road is due to the ravine that runs down the center of the property and there are
Planning and Zoning Commission
July 7, 2016 — Formal Meeting
Page 4 of 6
sensitive features that are in that ravine. Amelon also addressed the buffer from the interstate
noting it is something that the developer is conscious of and wants to make sure that there is a
good buffer. The site itself does have a natural buffer from the interstate, the site is about 25
feet higher than the interstate. Hencsh asked how many feet it would be from the back of the
lots to Highway 218. Amelon feels it is between 200 to 250 feet.
Hensch also addressed the water quality issue, and asked if it was a radon issue with the water.
Amelon said another subdivision has some issues with their water quality with radionuclides
being borderline lower than what is acceptable by the DNR. This proposed subdivision will have
two separate wells and two separate homeowners associations so each well will be considered
private. That will allow for in-home treatments to deal with the radionuclides (water softner, iron
removal, etc.) that will make it acceptable to the standards. If it were to be a public system the
DNR does not allow in-home treatments.
Hensch asked if the County will require any monitoring of the radionuclide levels. Amelon was
unsure of the answer and would have to ask the County.
Miklo stated to clarify that it is approximately 180 feet from the edge of the interstate pavement
to the property line, and then another 60 feet to the closest house. He said the City subdivision
regulations measure from the edge of the highway right-of-way, not the pavement. He also
noted that City Standards to do state that the 300 foot buffer can be reduced if there is a natural
buffer that results in a noise level of less the 60 dBA. He said that due to the topography that
may be the case here, but because the regulation does not apply no measurements were taken.
Hensch closed the public discussion.
Signs noted for the record that he is acquainted with the developer, he is an agent in the same
office as Signs, but Signs has no financial or business interests with the developer or this
development.
Martin moved to approve SUB16-00007 an application submitted by Hochstedler Building
and Development for a preliminary plat of Glenwood Springs, a 13 -lot, 22.31 acre
residential subdivision located at Dane Road SW and Highway 218 subject to the final
plat addressing 1) dedication of Dane Road right-of-way and 2) an easement to allow
access to Palisades Place if the adjacent property develops for a residential subdivision
in the future.
Parsons seconded the motion.
A vote was taken and the motion passed 6-0 (Freerks absent).
Discussion of an application submitted by Rittenmeyer Trucking Company for a Conditional Use
Permit to allow the continuation of a truck and equipment storage business as a home business
at 4525 Taft Ave SE in Area B of the Iowa City /Johnson County Fringe Area.
Miklo stated that this application is a renewal of a conditional use permit that the Commission
recommended approval of five years ago. There was a five-year time limit placed on the
Planning and Zoning Commission
July 7, 2016 — Formal Meeting
Page 5 of 6
approval by the County so that this could be reassessed in terms of its compatibility with current
development within the County. Iowa City had recommended a 10 -year period for
reassessment. So the proposal is to renewal the conditional use permit to allow a trucking
business to store their equipment on this property. Miklo noted this area is not one the City
anticipates being annexed into the City any time soon and therefore is comfortable
recommending renewal of this permit for a period of 15 years. After the 15 years, the City and
the County can then reassess to see if there is residential growth.
Staff recommends that the City forward a letter to the Johnson County Board of Adjustment
recommending that if a Conditional Use Permit is granted to allow a truck equipment and
storage business at 4525 Taft Ave, it be limited to a period of 15 years with a possibility of future
renewals.
Martin asked if in the last five years has there been any complaints about the property. Miklo
said he asked the County staff and they said there has not been.
Hensch opened the public discussion.
Mike Rittenmeyer (4529 Taft Avenue SE) is the owner of Rittenmeyer Trucking and stated he is
happy with the Staff recommendation.
Hensch asked what the road is constructed of. Rittenmeyer said it is chip -seal. He had to add
the chip -seal and is also required by the County to maintain it from the south edge of
Breckenridge to his property.
Hensch closed the public hearing.
Parsons moved that the City forward a letter to the Johnson County Board of Adjustment
recommending that if a Conditional Use Permit is granted to allow a truck equipment and
storage business at 4525 Taft Ave, it be limited to a period of 15 years with a possibility
of future renewals.
Martin seconded the motion.
A vote was taken and the motion passed 6-0 (Freerks absent).
CONSIDERATION OF MEETING MINUTES: JUNE 2. 2016
Parsons moved to approve the meeting minutes of June 2, 2016 with a minor edit.
Martin seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
Miklo passed out an article about retirement housing that discusses zoning implications that
might be of interest to the Commissioners.
ADJOURNMENT:
Martin moved to adjourn.
Parsons seconded.
A vote was taken and motion carried 6-0.
PLANNING ✓3<ZONING COMMISSION
ATTENDANCE RECORD
2015-2016
FORMAL MEETING
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
816
8120
913
9/17
10/1
10115
11/5
11/19
12/3
117
1/21
2/19
313
3117
417
412115/5
5/19
6/2
7/7
DYER, CAROLYN
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
EASTHAM, CHARLIE
X
X
X
X
X
X
X
X
X
X
X
X
X
XX
X
—
FREERKS, ANN
X
X
X
X
X
X
O/E
X
X
X
O/E
X
X
X
X
X
X
O/E
X
O/E
HENSCH, MIKE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
MARTIN, PHOEBE
X
X
X
O/E
0/E
X
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X
PARSONS, MAX
X
X
X
X
X
X
X
O/E
X
X
X
X
X
O/E
X
X
X
X
X
X
SIGNS, MARK
—
—
—
—
—
--
—
—
—
—
—
—
—
--
—
—
X
X
X
X
THEOBALD, JODIE
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
Approved Minutes 2r7
May 19, 2016
MINUTES
SENIOR CENTER COMMISSION
May 19, 2016
ROOM 209, IOWA CITY/JOHNSON COUNTY SENIOR CENTER
Members Present: Jay Honohan, Jack Hobbs, Mark Holbrook, Kathy Mitchell
Members Absent: Joy Beadleston, Cheryl Clamon, Margaret Reese
Staff Present: Linda Kopping, Kristin Kromray, Michelle Buhman
Others Present: None
CALL TO ORDER:
The meeting was called to order by Honohan at 4:00 PM.
RECOMMENDATIONS TO COUNCIL:
None.
APPROVAL OF MINUTES FROM MARCH 17, 2016 MEETING:
Motion: To accept the minutes as amended from the March 17, 2016
meeting. Motion carried on a vote of 4/0. Mitchell/Hobbs
PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA:
None.
COMMISSION ASSIGNMENTS:
Honohan will attend an upcoming City Council meeting and Board of Supervisors
Kopping reported Johnson County will support the Senior Center with a $59,224
grant in FY17. Friends of the Center received the annual endowment percentage
check from the Community Foundation in the amount of $34,876.56 which was
deposited into the operational budget of the Senior Center.
In FY17 Friends of the Center plans to support special programming such as
Ashton Applewhite's visit in September, tables for the 2nd floor and fundraising
consultant Linda Wastyn.
Approved Minutes
May 19, 2016
UPDATE ON ARIKITCHEN/LOBBY REMODEL
Kopping reported that Nuemann Munson Architects will be coming to the Senior
Center for a walk through of the lobby, kitchen and Assembly Room. They will
then bring some ideas back to formulate a budgeting plan.
OPERATIONAL OVERVIEW
Kopping noted the skin cancer screening event organized by Emily Edrington
was successful. A joint concert between Family Folk Machine and the Voices of
Experience choir will be held May 22nd.
Kromray noted a typo in her report. The current number of members is 1602.
Kopping reported that the new half time development person's office will be
where the computer lab is currently located. The computer lab will be moving to
room 207 which is currently the SCTV studio. SCTV's equipment and work space
will remain in the same space (room 206) and staff and SCTV participants are
working with Channel 4 on using studio space at Channel 4 and also utilizing
other spaces in the Senior Center for filming.
Buhamn reported the demographic survey was compiled by Brianna Petersen
who was social work intern this past semester. This is the 3`d year we have done
this demographic survey. The second report was a survey from an independent
study student, Margaret Cruise. She sent out a survey to new members. Next
year a survey will be sent out to these same members to see if their outcomes
have changed.
A five year strategic planning and goal setting session will occur on June 11th
with commissioners, steering council, and staff.
Kopping noted that she is working on a bed bug policy. She believes she will be
finished with it by the next commission meeting.
The Development Specialist position will be listed at the end of June with
interviews occurring in July. Kopping anticipates the new person will start by the
beginning of August.
COMMISSION DISCUSSION:
►=
ADJOURNMENT:
2
Approved Minutes
May 19, 2016
Motion: To Adjourn. Motion carried on a vote of 4/0. Hobbs/Mitchell
Approved Minutes
May 19, 2016
Senior Center Commission
Attendance Record
Year 2016
Name
Term Ex fires
5121115
6111115
7/16115
10/15/15
11/19/15
12117/15
1/14116
2118116
3117116
4121/16
5119116
Joy Beadleston
12/31/19
—
—
—
—
—
—
X
X
X
NM
O/E
Cheryll Clamon
12/31/18
X
X
X
X
X
NM
X
X
X
NM
O/E
Chuck Felling
12/31/15
X
X
X
X
X
NM
—
—
—
—
—
Jack Hobbs
12/31/16
X
X
X
X
X
NM
X
X
O/E
NM
X
Mark Holbrook
12/31/18
X
X
X
X
X
NM
X
X
X
I NM
X
Jay Honohan
12/31/16
X
X
X
X
O/E
NM
O/E
X
X
NM
X
Kathy Mitchell
12/31/19
X
O/E
X
X
X
NM
X
X
X
NM
X
Margaret Reese
12/31/15
X
X
X
X
X
NM
X
X
X
NM
O/E
Key: X = Present
O = Absent
O/E = Absent/Excused
NM= No meeting
— = Not a member