HomeMy WebLinkAbout2003-10-14 Bd Comm minutesMINUTES APPROVED
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
LOBBY CONFERENCE ROOM
THURSDAY, JUNE 19, 2003 - 6:30 PM
Members Present: Jerry Anthony, Lori Bears, Amy Correia, John Deeth, Mark
Edwards, Matthew Hayek, Morgan Hoosman
Members Absent: Rick House, Jayne Sandier
Staff Present: Tracy Hightshoe, Steve Long
Council Present: Irvin Pfab
Call to Order
Amy Correia called the meeting to order at 6:30 PM.
Approval of the May 15, 2003 Minutes
MOTION: Bears moved to approve the minutes of May 15, 2003 as submitted. Anthony seconded the
motion. All in favor, motion passed 6-0, (Hoosman not yet present).
Public/Member Discussion of Items Not on the A.clenda
Correia noted the nomination of Commission officers would be at the July 2003 meeting. The new officers
and any new commission members will begin serving in September 2003.
The commission informally discussed the idea of thanking the City Council for unanimously approving the
CDBG (Community Block Development Grant) recommendations. The group concluded it would be
appropriate for Correia to verbally, and also with a letter from the commission, thank the council at the
National Community Development Week "big check" presentation on July 1, 2003. It was also decided the
thank you should be for the council's deliberative process, for all the work they do, and for all the time
spent.
Hoosman arrives.
Correia asked the commission if they are interested in working on the issue of lead based paint in older
homes and how it effects affordable housing and grant applications. Hightshoe and Long clarified that the
City applies for State and Federal funding to address this issue and they have not received funding to
date. Hightshoe said the Housing Rehab department could speak or provide a written update regarding
this issue at the next meeting.
Bears referred to an article concerning the new proposed homeless shelter that was in the Iowa City
Press Citizen. She asked how far along they are with the project. Hightshoe responded that they have
identified a site but the process may be delayed because of a possible soil stability problem. The
proposed site is adjacent to the Iowa River and they must work with the appropriate agencies to
determine if the property is suitable for construction and if there are any archeological issues.
Correia suggested that in response to any negative feedback concerning the Shelter House project, the
commission members might want to send letters in support of the project.
Monitorinq Reports
· Habitat for Humanity - Court Street (Correia)
Correia and Hightshoe reported the home is currently being renovated. The new owner is
handicapped and they are making the home accessible for wheelchair use. There is a new driveway,
ramp, and plumbers are currently reworking the bathroom. The projected move in date is August.
· Elder Services - Small Repair Services (House)
Hightshoe and Long reported that all money for the project has been spent.
· Greater lC Housing Fellowship- Longfellow Manor (Anthony)
Anthony and Long reported that GICHF is ready to begin construction on a new zero lot located on
Sheridan Avenue.
Housing and Community Development Commission Minutes
June 19, 2003
Page 2
· MECCA, UAY, Elder Services Inc. - Aid to Agencies (Hoosman)
Hoosman reported that MECCA has hired a new medical coordinator.
UAY has counseled over 696 homeless youth and teen runaways. They help with the 24-hour crisis
hotline. To date they have received over 522 calls. UAY anticipates that the need for both services
will increase; however some funding has been cut.
Elder Services has started a nutrition program that is similar to the meals-on-wheels program that
serves area senior citizens. ESI is planning for the new assisted living facility, Emerson Point.
Hoosman reported the daycare that received CDBG funding; Hannah's Blessing, opened.
Old Business
· Community Development Celebration - Hightshoe said the theme for this year's celebration is
"inspiring, Empowering, Achieving". The event will be held at Uptown Bill's. Extend the Dream
Foundation will provide the catering. Ron Reed, CEO of Mercy Hospital Iowa City, will be the speaker
for the event and Mayor Lehman will be present to hand out the "big checks". The event will be held
on Tuesday, July 1, 2003 from 4:30 to 6:00 PM. Invitations have been sent and there will be several
press releases about the event in the newspaper.
Correia thanked Hightshoe, and the Celebration planning committee (Deeth, Edwards and Hoosman)
for putting together such a great event.
· National Housing Trust Fund Resolution - Correia reported that the City Council may be looking at a
local Housing Trust Fund and Leach is close to sponsoring the resolution in congress. Correia asked
that everyone call or write the City Council, Board of Supervisors, and Governor Vilsack asking for
support of the resolution.
New Business
· Housing Trust Fund of Johnson County Update- This is a newly formed non-profit that will provide
another source of funds for affordable housing in Johnson County. Correia reported the Johnson
County Housing Trust Fund is incorporated and has a Board of Directors. Correia recently became
the Chair of this newly formed non-profit. Long stated they are still waiting to hear if the Fund will
receive a grant from the EDI account.
· CDBG Economic Development Fund Update - Correia noted there was information included in the
commission's meeting packet about a recently approved CDBG project. The proposed project is from
the Institute for Social and Economic Development (ISED) which is a local non-profit organization that
provides micro-enterprise training.
Long noted that included in the packet was a letter from the City Manager, Steve Atkins, concerning a
HUD complaint submitted by Irvin Pfab. The complaint concerned CDBG funding and the allocation
process in Iowa City. Steve Nasby's (Community and Economic Development Director) response is
also included.
· Correia asked if any members are interested in chairing or co-chairing the Housing and Community
Development Commission for the next year to please call or email her. She also announced that
there are possibly three vacancies on the commission beginning in September of 2003. The
appointments are for 3 years and there is not a limit that one can serve. Applications and a summary
of responsibilities are available at the City Clerk's office and on the City's website.
Adjournment
Motion: Deeth moved to adjourn the meeting. Hayek seconded the motion. All in favor, motion passed
7-0. Meeting adjourned at 7:18 PM.
data on citynt/pcd/minut es/hcdc06-19q33.d oc
FINAL APPROVED
Public' Library
MINUTES
IOWA CITY P1JBLIC LIBRARY BOARD OF TRIJSTEES
MEETING ROOM C - REG[ILAR MEETING
AUGUST 28, 2003 AT 5:00 PM
Members Present: Dean, Magalh~tes, Prybil, Schnack, Singerman, Swaim,
VanDusseldorp
Staff: Black, Craig, Clark, Curtin, Lauritzen, Logsden, Lubaroff, Nichols
Others: Miller
CALL MEETiNG TO ORDER
Meeting was called to order at 5:05 pm.
PUBLIC DISCUSSION
None
APPROVAL OF MINUTES
The minutes of the regular meeting of July 24, 2003 were approved after a motion by
Schnack, seconded by Prybil. All were in favor. Motion passed 7-0.
UNFINISHED BUSINESS
Building Proiect:
Miller distributed his report including photographs. He said another payment had just
been approved, with 300 days left in the project. The project is still ahead of schedule.
We may phase in some early moves. We skipped a tour, since next Thursday from
11:30-1:00 we will have a "sign the beam" pizza party in the construction zone. Staff
and Board are invited to sign their name on a steel beam that will be part of the
completed building.
There was a question about change orders and who is responsible for the expense when
they are corrections to plans that add cost. Miller explained that the expense comes from
a contingency fund, which is for that purpose. The architect's contract does not hold
them liable for added expense. Change orders are to be expected and it is the expectation
that plans are not perfect because as detail oriented as the plans are, mistakes are made
and things come up that are unexpected. We are still well within budget.
FINALAPPROVED
County Update
Craig reported on a meeting of the task force held after the memo of August 20 was
mailed. She felt that some moderation in responsiveness was evident and is hopeful a
mutual agreement can be reached. They asked for further input from Library Boards.
County would like to have a county representative on all library boards and then bring
those people together for meetings. They would like a more flexible way to get out of the
contract than the current one if budget conditions change suddenly. There is still some
interest in charging users some type of fee. They seemed to accept that they would be
responsible to administer such a plan. Prybil, who attended as our Board's County
representative, said she thought Craig made a clear point that fees are difficult to
administer. Prybil thinks that it would be more beneficial to have library directors meet
with the supervisors rather than the county representatives from each board. Ultimately
there were questions for library boards. The committee will not meet again until October.
Craig said Board could discuss issues in September. County is having to cut funding,
Swaim said. Some questions were raised regarding what we would do if they cut
budgets. Another question was raised about how boards would feel with a contract
similar to that of SEATS with a set amount that has scheduled increases for a period of
years. Although we are the only library that they have a contract with, they use the same
formula with all the other libraries. Swaim asked that we schedule this for the September
agenda and in the meantime, library staff consult with the City attorney about the contract
history with Seats and the County. If anyone has any comments about the response, pass
them along to Magalhgtes or Craig.
Patriot Act/Confidentiality
A lot of reading material about the Patriot Act was included in the packet. Nationwide
there is a groundswell of public sentiment that has to do with the Patriot Act. Some of
the provisions of the new law have sunset clauses. Justice Department has a strong
interest in seeing that they don't lapse. Local request came from Julie Spears of the local
Bill of Rights Defense Committee to endorse the statement made by the American
Library Association. They are urging Board of Trustees to take a stand on this issue, and
may be asking City CounciI to endorse it as well. The Iowa Library Association has
already endorsed the resolution.
Swaim moved that we endorse, on behalf of the Trustees, The ALA Statement on the
USA Patriot Act. Schnack seconded it. There was discussion on posting a warning as
proposed. If the resolution is endorsed, we do not need a formal action to post the
warning. Staffis recommending that we post an informational warning. Magalh~es
asked, pending our endorsement of ALA statement, what could Board members do in
terms of a statement. Some suggestions made were posting the ALA association's
endorsement, along with a statement that ICPL Board has endorsed this. We could send
notification to our congressmen; send a Press Release, to mention a few. There has been
an article written for The Window. Magalh~tes called for a vote. All were in favor.
Motion passed 7 to 0. MagalhSes offered to attend a meeting of the local Bill of Rights
Defense Committee.
Board Minutes August 28, 2003
Page 3
Art Advisory Committee
At the Board's direction, we advertised for applicants to fill two vacancies on this
committee. Two individuals submitted application forms. Dyer recommended that the
Board appoint Anderson and McClellen. Singerman moved approval. Dean seconded it.
All in favor. Motion passed 7-0
Review of FY03 Annual Report
Trustees complimented staff on the annual report. A question was asked about the plan
to discontinue the adult multimedia collection. It will remain in temporary quarters but
will be withdrawn before the move to the new facility. Librarians looked at the use, time
to process, check in and check out before making the decision. It is a very high
maintenance collection. The children's collection is marketed more to schools and items
are easier to load and run on the computer. Other questions. Magalh~es said, "It is
impressive. Congratulations."
Set a public hearing for Equipment package.
This bid package is mostly AV equipment for meeting rooms to support sharing o£ all
types o£media; broadcasting live fi.om meeting rooms, video taping in the Children's
Story Time room, etc. We have to use a bid process because of the estimated cost o£the
project. A public hearing on the specifications will take place at the next meeting.
Swaim made a motion that we set the public hearing for the early part of our September
meeting. Singerman seconded. Public heating is to allow interested parties to ask
questions on the bid documents that are going to be on file at the City Clerk's office. All
those in favor said Aye. Motion passed 7-0.
Request to fund Literary Walk art plaques.
City Planning Director, Karin Franklin, and Craig have discussed the possibility of the
Library funding plaques like the Literary Walk art plaques on Iowa Avenue. These
plaques would be installed on the sidewalk by the library. The grand plan for the walk
includes extending it down Linn Street to the Library. The same artist would work on
them and the quotes have been selected. We need to chose which ones we want. The
City's Art Advisory Committee made the selection. Craig is recommending a budget of
no more than $25,000. If Board approves the funding, she will see if trustees can be
involved in selection of the plaques. Singerman moved approval. VanDusseldorp
seconded. Magalhaes expressed concern about spending a significant amount of money
for the plaques. Craig said that money from the building contingency fund or NOBU
funds, which had been, was committed to building could be used. All in favor voted Aye.
Motion passed %0.
Staff Reports:
Board Minutes August 28, 2003
Page 4
Prybil commented on the addition of stories at the Scanlon Center. Parks & Recreation
Department has talked to us about continuing his popular programming. Swaim
commended staff for partnering.
Swaim asked about the recent worm viruses. He wondered if patrons call us for help.
Clark said that patrons ask questions at the Reference Desk. Staffthere recommends
other resources for help like the Help Desk at Weeg at the University. Our computers are
very well protected from the virus.
President's Report
Magalh~es reported that the State Library is celebrating its 165th anniversary. A full day
of activities is planned on September 24 at the State Library.
He recommended looking at Iowa Center for Book, web site that was launched last week
and attending Voices from the Prairie program on September 19.
He reminded trustees of the ILA annual conference in Cedar Rapids.
Announcements from Members
Foundation: VanDusseldorp reported on the quarterly meeting. The Investment
committee revised investment guidelines in light of a plan to seek proposals from
financial managers to manage invested funds. There has been lots of discussion about a
major fundraising event. He looks forward to the planning session next month. Good
time to talk about long-term approach.
Swaim gave a report from the committee that has been looking at homeless issues. He
reported that the committee developed a position paper and that Shelter House has
offered to provide space in the morning.
FY03 FINANCIAL REPORTS
Receipts & Expenditures:
FY03 Receipts were at 103% and expenditures were at 98.4.
How secure are Enrich Iowa Funds? Craig thinks that we are not in danger of losing
them entirely. There is concern about money for reciprocal borrowing. Ten years ago it
was planned to be funded funded at $1.00/transaction. In fact it was funded much lower
and we are now down to about $.27/transaction. This program does, however, continue
to provide reciprocal service for Iowa City residents. Open Access use is growing. Craig
does not think we'll lose it all but it is in danger of being cut.
Board Minutes August 28, 2003
Page §
Disbursements
Review Visa Expenditures for July 2003.
Approve Disbursements for July, 2003
No disbursements. City is changing from one accounting system to a brand new
one. We hope to have disbursements available next month.
Set agenda order for September meeting
Public Hearing
County Task Force Questions
FY05 Budget - first look
Adjournment
Adjourned at 6:30 pm after a motion by Swaim/Singerman
Minutes taken and transcribed by
Martha Lubaroff
MINUTES FINAL IOWA
CITY TELECOMMUNICATIONS COMMISSION
MONDAY, AUGUST 25, 2003 - 5:30 P.M.
CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY
MEMBERS PRESENT: Saul Mekies, Kimberly Thrower, Terry Smith, Brett Castillo
MEMBERS ABSENT: Jim Pusack
STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Dale Helling, Andy Matthews
OTHERS PRESENT: Phil Phillips, Rene Paine, Beth Fisher, Jon Koebrick, Randy Brown, Susan Rogusky, Andy Kromphardt
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Thrower asked if a quarterly graphical report could be developed in an effort to decrease the number of
re-occurring complaints. Koebrick said that Mediacom is willing to work with the Commission in
providing whatever data is desired. Koebrick reported that Mediacom is initiating a local origination
channel called Mediacom Connections. The channel will be on the family cable package on channel 68.
Paine reported that PATV held a grant writing workshop attended by 15 people. PATV is working
with United Action for Youth on a grant and is providing training for them. Training sessions are also
being offered to the Senior High Alternative Center. PATV's annual fundraising telethon will take
place Sept. 12-14. Rogusky reported that beginning in the Fall, Senior Center programming will
generally be of a longer nature rather than centering on programs presented at the Senior Center. In the
past the Senior Center programs were generally free but because fees are now charged it is not fair to
cablecast the program for free when there is a fee to attend in person. Hardy reported that the Media
Unit will be taking a more proactive approach in generating more government programming. In the
past, programming was generally initiated by requests for coverage but in the future politically neutral
events may be covered on the Media Unit's own initiative. Koebrick said that Mediacom had been hit
by a computer virus twice that took down the new call system that is supposed to transfer calls to
available customer service representatives in remote locations in case local representatives are unable to
take the calls. Shaffer said that the City selected two refranchising consultants as finalists. Additional
questions are being developed to address to these finalists in conference calls. The finalists are Rice,
William's Associates and Miller, Van Eaton. Koebrick distributed a report on the drop audit and said
that the results are generally positive. The largest problem revealed was improper grounding or
unverifiable grounds on about 5% of the drops. Signal strength was good. The system is tighter than
the national average. This is due, in part, because of the higher system specifications required by
advanced services such as digital cable and cable modem service. Matthews said that he will develop a
side letter agreement to address the requirements of the franchise regarding the drop audit. Shaffer will
review the data. Koebrick reported that the system upgrade has been finished. 56 nodes were added
bringing the total to 91 and the capacity was increased to 860 MHz. Iowa City now has a state of the
art system.
APPROVAL OF MINUTES
Mekies moved and Thrower seconded a motion to approve the July 28, 2003 meeting minutes. The
motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
Castillo reported that he attended the PATV Board meeting on behalf of the Commission. Castillo said
that PATV Board members expressed a desire to have more input in the decision to move a City budget
line to the pass-through fund and hope to be able to utilize the pass-through fund themselves in the
future. The Board also discussed PATV's role in re-franchising. Castilllo will attend the September
PATV Board meeting.
SHORT PUBLIC ANNOUNCEMENTS
None.
CONSUMER ISSUES
Shaffer reported receiving 13 complaints Among the complaints were 2 about not being able reach the
company on the phone, 1 about multiple outages over the month, 1 about rude customer service
representatives, 1 about a billing error and not being called back by the company, 1 about no
notifications of burying a cable on personal property, 1 about poor service regarding an installation and
an uncoordinated office, 1 about cable modem price discounts if subscribing to cable TV service, 1
about technical personnel not showing up for scheduled appointments, 1 about not receiving a return
phone call in response to multiple calls regarding the availability of service in a new development, 1
about the company being unresponsive to a technical problem, 1 about a cable TV technical problem,
and 1 about a cable modem technical problem.
Thrower asked if a quarterly graphical report could be developed in an effort to decrease the number of
re-occurring complaints. Koebrick said that Mediacom is willing to work with the Commission in
providing whatever data is desired. However, some types of complaints are not really complaints that
would have a resolution such as a complaint that rates are too high or with service calls. The system
Iowa City uses of communicating complaints via email from the City to Mediacom has worked well
and Koebrick is working to establish that type of relationship in all cities served by Mediacom. Smith
said that tracking the resolution of complaints and the nature and type of complaints would help the
Commission follow any trends of complaints. Thrower will work with Shaffer to develop a database
of complaints and resolutions.
MEDIACOM REPORT
Koebrick reported that Mediacom is initiating a local origination channel called Mediacom Connections.
The channel will be on the family cable package on channel 68. Mediacom requested that the City
waive thc 30 day public notice so that the channel can be added sooner. Mediacom is reviewing the
City's rate order and will be requesting a meeting with the City to discuss the rate order. Smith will
participate in any rate order meeting.
UNIVERSITY OF IOWA REPORT
Kromphardt reported that the University of Iowa has upgraded their studio and is increasing the
number of productions they produce. It is hoped that the programming on the University channel will
reflect the activities taking place at the University.
PATV REPORT
Paine reported that a grant writing workshop was attended by 15 people. PATV is working with
United Action for Youth on a grant and is providing training for them. Training sessions are also being
offered to the Senior High Alternative Center. The United Nations Association, the Emma Goldman
Clinic, and the Woman's Resource and Action Center will be having programs cablecast on PATV.
PATV's annual fundraising telethon will take place Sept. 12-14.
SENIOR CENTER REPORT
Rogusky invited Commissioners to attend the weekly Senior Center TV meetings held on Tuesdays at
11:15. Beginning in the Fall, Senior Center programming will generally be of a longer nature rather than
centering on programs presented at the Senior Center. In the past the Senior Center programs were
generally free but because fees are now charged it is not fair to cablecast the program for free when
there is a fee to attend in person. Coralville's access channel is now cablecasting 4 hours of Senior
Center programming a week. The Senior Center will hold an open house September 18th at 4:30. A
number of activities are planned.
IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT
No representative was present.
LEGAL REPORT
Matthews said he had nothing new to report.
LIBRARY REPORT
Fisher reported that Project Greens Second Sunday Garden Forum will begin in September and will be
cablecast by the library. The library channel will cablecast a number of series beginning in the Fall
including The Intemational Writing Program, the Book Talk Lunches, and the Community Reading
Month.
KIRKWOOD REPORT
No representative was present.
MEDIA UNIT
Hardy reported that the work on the Senior Center to allow them to originate live programming has
been finished. Hardy thanked Mediacom for their assistance with this project. The project was funded
with the pass-through fund and benefits all access channels. The Community Television Service has
been quite busy. Due to the large number of events recently taped Media Unit staff have been assisting
the CTS on editing those programs. The Media Unit will be taking a more proactive approach in
generating more government programming. In the past, programming was generally initiated by
requests for coverage but in the future
politically neutral events may be covered on the Media Units own initiative. For example, the
installation of the Irving Weber statue was recently taped.
CABLE TV ADMINISTRATOR REPORT
Shaffer noted the draft letter in the packets regarding InfoVision focus groups and said that it was
intended as an invitation to Commissioners to participate if they are interested. Mekies said he would
like to participate. Shaffer thanked Mediacom for the approximately I000 spots promoting the county
fair. Chey Ness, the Cable Division's newest empolyee and Special Projects Assistant and who also
coordinates the avatar Prjoect, was accepted into the Community Leadership Program put on by the
Chamber of Commerce. Shaffer asked Koebrick about problems Mediacom experienced answering their
phones over the past weeks. Koebrick said that they had been hit by a computer virus twice that took
down the new call system that is supposed to transfer calls to available customer service
representatives in remote locations in case local representatives are unable to take the calls.
REFRANCHIS1NG
Shaf£er said that the City selected two refranchising consultants as finalists. Additional questions are
being developed to address to the finalists in conference calls. The finalists are Rice, William's
Associates and Miller, Van Eaton.
DROP AUDIT
Koebrick distributed a report on the drop audit and said that the results are generally positive. The
largest problem revealed was improper grounding or unverifiable grounds on about 5% of the drops.
Signal strength was good. The system is tighter than the national average. This is due, in part, because
of the higher system specifications required by advanced services such as digital cable and cable modem
service. Matthews said that he will develop a side letter agreement to address the requirements of the
franchise regarding the drop audit. Shaffer will review the data.
SYSTEM UPGRADE
Koebrick reported that the system upgrade has been finished. 56 nodes were added bringing the total
to 91 and the capacity was increased to 860 MHz. Iowa City now has a state of the art system.
ADJOURNMENT
Mekies moved and Thrower seconded a motion to adjourn. Adjournment was at 6:59 p.m.
Respectfully submitted,
Wm. Drew Shaffer
Cable TV Administrator
FINAL/APPROV
PARKS AND RECREATION COMMISSION
SEPTEMBER 10, 2003
MEMBERS PRESENT: Kevin Boyd, Craig Gustaveson, Judith Klink, Margaret Loomer, Nancy
Ostrognai, Matt Pacha, A1 Stroh, Sarah Walz, John Westefeld
STAFF PRESENT: Terry Robinson, Terry Trueblood
GUESTS: Karen Dawes, Beth Shields
FORMAL ACTION TAKEN
Moved by Boyd~ seconded by Walz, to approve the August 13~ 2003 minutes as amended.
Unanimous.
Moved by Boyd~ seconded by Stroh~ to accept the 17 acres and the small area abutting Wetherby
Park as proposed by the Sandhill Estates developer~ along with an area to provide a trail link to
Wetherby Park. Unanimous.
Moved by Walz~ seconded by Boyd~ to recommend utilization of the remaining funds and any future
funds in the parkland acquisition fund sufficient to complete a park and recreation master plan.
Unanimous.
PUBLIC DISCUSSION - Dog PAC
Beth Shields, Vice President of Johnson County DogPAC, addressed the commission with respect to the
group's proposal for a dog park in Iowa City. The proposal was presented to the City Council at its informal
work session on Monday, September 8, and Shields indicated the group would like the commission to
support the proposal. She gave a brief history of the group, which was organized in November 2002 out of
a growing awareness and consensus of a need for a place to exercise dogs off-leash legally. She stated the
group has a high level of commitment from its members who are willing to help develop and see it through
to fruition. The group has incorporated and has applied for 401C-3 status as a tax-exempt non-profit
organization.
Pacha asked if they had a parcel of land in mind; Shields noted the parcel's location on the map included in
the proposal. They initially identified the 40-acre city-owned site with the help of city staff, which is west
of the current landfill on Kansas Avenue. This summer the group learned the parcel might not be available
because of future intended use by the Public Works Department, but the group is not ready to give up on
this piece of land. The City Council directed the City Manager to appoint a staff person to assist the group
in its search for land. The group likes the Kansas Avenue site to develop an off-leash recreational area to
facilitate multi-uses. They would like to return one-half of the area to prairie, put in an accessible trail, and
eventually raise funds to build a facility to hold dog sporting events and dog shows. Shields noted the group
is willing to take whatever they can get as far as land, but would like a minimum of 5 acres. The proposal
would then need to be redone for a dog park as opposed to an off-leash recreational area.
Pacha asked if the group was requesting funding from the city; Shields indicated not at this point. The
group includes people who are experts at grant writing, and there are many grants available, especially if
creating an eco-friendly park or restoring areas to prairies. She stated the group is not above asking for
financial support, but is aware of the city's financial crunch. She noted when they were developing the
proposal last year city staff indicated such a project would be considered a capital improvement project. If
Parks and Recreation Commission
September 10, 2003
Page 2 of 5
the group does not receive any funding from the city it might have to cut back its goals. She noted the major
expenses are fencing, paths and parking.
Pacha asked about the on-going maintenance. Shields noted the area would be a city park, but the group
would be willing to adopt it and would restore part of it to prairie. This will cut back on mowing, and some
of the trails ~vould not have to be entirely cleared of snow in the winter. Shields stated the group is willing
to do as much maintenance and beautification as they can. Pacha noted the amount of parkland has
increased dramatically over the years and staff has not. Currently staff struggles to keep parkland mowed at
a basic level. Shields stated the group would take into consideration what kind of naturalness they want the
park to receive.
Boyd noted the name of the group is Johnson County DogPAC, and asked if they have worked with other
elected officials from the surrounding communities, such as North Liberty and Coralville. Shields noted
there are members who live in Johnson County and are not Iowa City or Coralville residents. The group has
talked to Coralville, who indicated it is on their horizon but they are not interested in talking about it right
now. The Johnson County Board of Supervisors is aware of the group, but the group has not presented the
proposal to them. The group is proposing it as an Iowa City park. Boyd stated people from Coralville,
North Liberty and Johnson County would use the park and it would be in their interest to offer the same
recreational opportunities for their residents.
Trueblood expressed concern about additional maintenance, especially in terms of mowing. He noted if the
facility was developed in an existing park, it would not be as big an issue as long as there are volunteers to
help keep it clean. With respect to the capital improvement program, it was previously stated it would be
easier to get funding through it than the operating budget. Trueblood stated a dog park was included on the
CIP list, but it was not prioritized very high. He noted at that time there was not an organized group as there
is now. Shields indicated she was asking for the commission's support of the idea of a park of some sort and
what the group is trying to accomplish.
Walz stated the general idea was great, noting it is a good thing for parks in general when people are active
and committed. She felt it was a good thing for people who own dogs and also those who don't like dogs
because they don't have to be confronted by dogs. Gustaveson stated the commission has been talking about
a dog park for the last several years, and he would like the commission to support this idea. Pacha noted the
commission could not act formally on the proposal since it was not an agenda item. The consensus of the
commission was to support the group's proposal. Westefeld complimented the group on the proposal, which
he felt was very thorough and reader-friendly. Pacha asked the group to keep the commission posted.
Tmeblood stated a staff person would be in contact with the group in the next few days.
SANDI-IILL ESTATES DEVELOPMENT
Trueblood gave a brief background of when the property was before the commission previously, at which
time the Concerned Citizens for Sand Prairie Preservation was formed. The current developer is proposing
to donate 17 acres and a small area abutting Wetherby Park as open space to the city, which exceeds the 2.5-
acm N.O.S. requirement. Tmeblood acclimated the commission as to the location of the proposed
development. He noted Terry Robinson suggested a trail link to Wetherby Park, and pointed out its
location. Plans for this area would be to restore the prairie, with the most active use being walking trails.
Trueblood noted the historic house and area around this development is still owned by the family, and in the
past they have indicated the possibility to donate a portion of it.
Parks and Recreation Commission
September 10, 2003
Page 3 of 5
Karen Dawes, President of the Concerned Citizens for Sand Prairie Preservation, expressed her appreciation
to the commission for their past indication and willingness to accept the land as open space. She noted this
will be a unique piece of land, part of a larger tract of land that is a sand prairie and the group is grateful for
some of it being preserved. The family, which owns the adjacent 20-acre parcel, is in the process of getting
clear title, and has been working with the Iowa Natural Heritage Foundation to donate it, with the intention
that it would then be donated to the City. She stated this is why Southgate Development has proposed this
particular area because the two areas are contiguous. The group feels there needs to be a written agreement
regarding controlled bums and that the removal of"junk trees" be allowed. Walz asked if the group would
be managing it. Dawes stated they are willing to be helpful by fund raising and giving whatever assistance
they can. The group feels it is critical to get something in writing before the land changes hands, that no
matter who owns the property, a professional entity would manage the area. They feel there needs to be a
written land management plan because of the size, uniqueness and potential for the area being 40 acres.
She noted Southgate Development has agreed the group can do plant rescue. The group's hope is that it will
be on the planning and zoning agenda on the 18th, with the process starting thereafter. The group would like
to have some sort of plan for plant rescue and replanting and a land management plan for that area also.
Trail access would be key so people can ride bikes and the trail would connect to the Iowa River Corridor
Trail and Sycamore Regional Trail. Walz noted certain areas on the map and asked if they will be developed
as naturaI areas. Dawes indicated she thought so, noting they are mainly dry areas except when it rains, and
she would hope it would be planted with natural plantings. Dawes reiterated that they would like a written
agreement before the City accepts - that a professional entity would manage and bum the area. She felt this
is important for this development and any future developments. Pacha asked for staf?s input. Tmeblood
stated he didn't know if Southgate could do any more than to put in writing that this area may be burned,
because only the Fire Department can give a permit to burn.
Dawes stated another concem is that normally land isn't tumed over to the City until 90 percent of the lots
are developed, which could be 10 years. From their standpoint this is a nice amenity, but the prairie needs
to be restored and it is imperative that this land be turned over prior to that. They would also ask that the
area be fenced so construction work or equipment does not inadvertently damage the area. Walz stated this
development differs than others because the prairie is already there, it just needs to be restored. If the City
waits 10 years there will be much more work than if it is managed sooner. Moved by Boyd~ seconded by
Stroh~ to accept the 17 acres and the small area abutting Wetherbv Park as proposed by the Sandhill
Estates developer along with an area to provide a trail link to Wetherb¥ Park. Unanimous.
Trueblood stated staff would work with the developer to put in a trail connection, and as things progress
staff will work with the Concerned Citizens for Sand Prairie Preservation.
PARKS & RECREATION MASTER PLAN
Pacha noted that at last month's commission meeting it was briefly discussed to move forward with funds
remaining in the parkland acquisition fund to complete a master plan. Trueblood noted that unless things
worsen budget-wise, the City Manager has proposed that the parkland acquisition fund grows each year
through hotel/motel taxes. Currently there remains $50,000 and next year there would be a minimum of
$62,000. Pacha asked for an estimate on the cost for completion ora master plan. Traeblood noted it would
cost a minimum of $60,000, and two consultants indicated it could be closer to $80,000 if it includes a
community-wide survey. Gustaveson stated there needs to be a road map to know where we are going.
Parks and Recreation Commission
September 10, 2003
Page 4 of 5
Stroh stated that if it is done right it would be an investment in the future. Walz stated the process would
involve community input, and it would be an opportunity for people to become aware of the commission's
thoughts and limitations the department is working with. Moved by Walz~ seconded by Boyd, to
recommend utilization of the remaining funds and any future funds in the parkland acquisition fund
sufficient to complete a park and recreation master plan. Unanimous. Trueblood noted this is only a
recommendation to the City Council and his only concern if it is approved is that staff will need to come up
with another funding source to make up the shortfall. Pacha suggested borrowing the shortfall from the
annual park maintenance fund. Tmeblood noted another possibility may be the CIP budget.
WATERWORKS PRAIRIE PARK
Walz reported they have a group of volunteers, money and seed. They thought it would be a good
opportunity to raise awareness of the park and get public involvement by planting the seed late this fall -
probably sometime in November. She asked if this would be possible and if so, if the city would be willing
to prepare the land. Pacha asked how the land would be prepared; Walz stated Russ Bennett's plan is tilling.
Trueblood asked about the size of the area; Walz indicated it would be no more than six acres. Trueblood
stated arrangements could be made, noting Russ Bennett will be ranting equipment to till up the areas
around the ponds and could do another area for the group. Walz noted they have identified the area around
the parking lot entrance. She asked if the second or third week in November would be a good time;
Robinson felt it would be appropriate. Klink asked about November 4; Robinson stated it would depend on
the weather. Walz stated she would ask the volunteers to see what dates work best for them.
COMMISSION TIME
Klink noted the small prairie in Kiwanis Park is coming up nicely. She also stated the Miller/Orchard
neighborhood is eager to begin planning for the park. She reported that Southgate Development mowed the
Harlocke Park, which has not yet been accepted by the City. She stated there are still lots of big stones and
tree trunks that need to be removed, and asked about the timeline for acceptance. Tmeblood noted the
developer wanted the City to accept it quite some time ago, but it wasn't ready. Robinson stated the land
should not be accepted until the large stones and tree trunks were removed. Klink stated she would inform
Southgate Development.
DIRECTOR'S REPORT
Tmeblood reported on the following:
City Park Rides. The train's odometer has registered 2,000 miles as compared to 900 miles last year.
Waterworks Prairie Park REAP Grant. The grants have been scored, but staff has not heard anything
yet.
Coralville Parks and Recreation Tour. The commission has been invited to their park tour on September
15, and members need to notify them by Friday, September 12 if they plan on attending.
BIC Letter. The group feels it is a high priority that the trail link-up be funded and completed between
Waterworks Prairie Park and Foster Road. This project does appear on the Commission's CIP priority list.
Walz noted the Parks and Recreation Foundation should identify such groups it should be working with in
order to involve these project-oriented people on its team.
Parks and Recreation Commission
September 10, 2003
Page 5 of 5
Dog Paddle Event. The event was a success, with 356 dogs in attendance.
Kiwanis Park. Staff is working with Old Capital Kiwanis Club to create a memorial in the very north end
of the park. John Dane brought in a concept drawing, similar to the Hospice Memorial, but on a smaller
scale.
Staff Member Recognition. Mike Moran has reached his 20-year anniversary of employment with the
city.
OTHER BUSINESS
Walz asked about next month's park tour; Tmeblood asked members to e-mail him with sites they would
like to include on the tour. Gustaveson noted the commission had discussed inviting City Council members
and successful candidates, and urged commissioners to contact council members to invite them.
ADJOURNMENT
The meeting adjourned at 6:20 p.m.
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
AUGUST 7, 2003
EMMA J. HARVAT HALL
MEMBERS PRESENT: Benjamin Chair, Don Anciaux, Beth Koppes, Ann Bovbjerg, Jerry Hansen,
Dean Shannon, Ann Freerks
STAFF PRESENT: Shelley McCafferty, Mitch Behr
OTHERS PRESENT: Michael Lensing, Joel Fagan, Steve Holland, Winifred Holland, Cortland
Burwold, John Roffman
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 7-0, VAC03-00001, the vacation of an alley right-of-way located
south of Kirkwood Avenue and west of Diana Street subject to the retention of any necessary utility
easements, the conveyance of the right-of-way being approved concurrently with the approval of the
ordinance vacating the alley and the inclusion of a curb along the east-west graveled alley to prevent
vehicular access from the commercial property to Diana Street.
Recommended approval, by a vote of 7-0, SUB03-00031, a final plat of Windsor Ridge Part 17B, a 3.49-
acre, l-lot residential subdivision located at the intersection of York Place and Broadmoor Lane.
Recommended approval, by a vote of 7-0, SUB03-00032, a final plat of Windsor Ridge Part 18B, a 1.09-
acre, 2-lot residential subdivision located west of Broadmoor Lane and north of Camden Road.
Recommended approval, by a vote of 7-0, SUB03-0003:~, a final plat of Windsor Ridge Part 19A, a .82-
acre, l-lot residential subdivision located west of Broadmoor Lane and south of York Place.
CALL TO ORDER:
Bovbjerg called the meeting to order at 7:34 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS:
Bovbjerg said a listing of the current vacancies on the various boards and commissions was posted in the
outer lobby. The City always appreciated the help of its citizens who volunteered to serve on a board or
commission.
VACATION ITEM:
VAC03-00031: discussion of an application submitted by Michael Lensing for the vacation of an alley
right-of-way located south of Kirkwood Avenue and west of Diana Street.
McCafferty said Staff had no additional information to add to their report given at the 7/17/03 Commission
meeting.
Bovbjerg asked Behr to summarize what the Commission should consider and what their responsibilities
were with respect to reviewing this padicular application for a vacation.
Behr said the question the Commission should consider was if they felt that the City needed this property
to be maintained for public use and/or as a public right of way. The criteria they should use in their
decision making process were the criteria set forth in the Staff Report prepared by Jessica Hlubek, dated
July 17, 2003. Behr said their decision would be a discretionary act. If the Commission recommended the
vacation, only when offers to purchase all of the vacated property had been received, would the proposed
vacation and subsequent conveyances go before the Council. Both the vacation and the conveyance
would be done at the same meeting. Behr reiterated that the Commission's only consideration be if there
was a public need for this property to be retained for public use.
Planning and Zoning Commission Minutes
August 7, 2003
Page 2
Public discussion was opened.
Michael Lensinq, Lensing Funeral Home, said he it was his understanding that if the Commission
recommended that the vacation occur, that would mean that the alley could be vacated. The next step
would be to work out a land agreement with the adjacent land owners and then he probably would go
back before the Commission for zoning issues. Lensing asked when his application would go before the
City Council. Behr said Lensing could go before the Council with offers to purchase the vacated land, but
it was also possible that he would come back before the Commission with rezoning issues before he
wished to appear before the Council to request that the vacation actually occur. Lensing said he had
really wanted to find out if the City was willing to vacate the property. His next step would be to see if he
could work out agreements with the adjacent properly owners to purchase part of their backyards and at
that point he would decide if he wanted to purchase the land from the City.
Behr said it was possible that Lensing would be back before the Commission for rezoning issues before
he approached the City Council about purchasing the vacated land. He might wish to get answers about
rezonings before actually purchasing the land. Lensing agreed.
Chait said it was very confusing.
Behr said he could see where Lensing would not want to go straight to Council to purchase a good deal
of this property until he knew if he would be able to get the zoning he would need. Lensing might wish to
make his offers to purchase contingent upon receiving the needed zoning.
Bovbjerg said those issues were down the road and not the issue at hand. Chait said he thought they
were muddying the waters, the issue was simply the vacation of this parcel. He felt it was best not to talk
about rezonings before the Commission had voted. Lensing said he did not wish to mislead anyone so he
was sharing his anticipated future plans.
Freerks asked if there was a time constraint involved. Behr said there was no specific limitation. Recently
a vacation request had sat for almost one year at Council level before it was acted upon.
Anciaux asked if they made a recommendation for vacation of this property, would it be appropriate to
include wording indicating that Diana Court would be closed to traffic from the business property or would
that be negotiated at City Council level. Behr said it would be appropriate but there was wording in the
Staff Report to that effect. Chait said it was in Staff's report and in the public record as well.
Joel Faqan, 741 Chestnut Court, said he did not have a direct personal interest in this application. It had
caught his interest when he had accidentally attended the previous Commission meeting. He said by the
City deciding to vacate this property in essence they were saying that they did not have any interest in
owning the property anymore and the property would be disposed in an orderly way. Fagan said when the
City gave up its possession of a parcel of property, there was no turning back, someone else owned it. He
said there were a number of adjacent property owners to the Lensing property, one of them had a long
term interest in the parcel and had an idea about what he wanted to do with it. Other adjacent property
owners might not have a serious long term interest in the property or have the time and energy to pursue
it. Since the City was currently the owner of the parcel, someone needed to represent the general public's
interest and think what the right thing to do for that property was. Property owners could be transient. In
order to make sure that the public's long term interests were attended to, Fagan said it seemed that the
City in some form be it the Commission or the Planning Department under the direction of the
Commission should stop and think if there was something useful that should be done with the parcel with
the public interest in mind. After considering it seriously, a consideration done by more than just the
members of the Commission, the City Planning department could be directed to think of a creative use for
the parcel or they could talk to the neighborhood to think of a creative use for the property. At least one
property owner in the neighborhood had an idea about what to do with the property. Fagan said before
deciding to vacate the parcel, it seemed wise for the Commission and the City Planning department to
think about if there was something useful to be done with it.
Chait said what Fagan said was insightful. The fact was, what Fagan was thinking should happen was
exactly what did happen. Planning Staff had evaluated it and the Commission was the body that looked
out for the public's concerns, it was not just a siam dunk that the Commission automatically did things.
The Commission evaluated and analyzed vacations of properties in the way that Fagan had just spoken
of.
Planning and Zoning Commission Minutes
August 7, 2003
Page 3
Steve Holland, son of Winifred Holland, said he had prepared slides to acquaint the Commission with the
area and to illustrate his concerns with the proposed vacation. His main concerns for rejecting the project
which he had expressed at the previous Commission meeting were:
· A line already existed between commercial & residential which had been there for a long time
· The Commission was not ready to make a decision. Project Green or some similar organization
should be consulted or brought in
· There were better uses than a parking lot
· The discussion of the trees that were already there should be reconsidered
· A TARP Plan program, which provides funds to repair houses, was currently underway. His mother's
neighborhood qualified for the TARP plan. The proposed vacation was an infringement on that.
· He had an interest in the neighborhood and would like to know more about Lensing's plans for his
business for the future.
Slides shown included pictures of Winifred Holland's backyard fence looking south; the size of an area
encompassed by removing 40-feet of a backyard space; the walnut trees being discussed and
surrounding trees which would be removed; the rear view of the funeral home; the fence that separated
Vesely's yard from the business area which was a fence that demarcated residential from business
interests in the Plum Grove area. It ran all the way down past Burger King to Hwy 6. This fence did not go
up to Kirkwood Avenue but stopped at Vesely's. The businesses had been required to install the fence.
Freerks said the fence was a way to make a transition from commercial to residential, the fence started
where the alley stopped and followed all the commercial property all the way to Hwy 6. Holland said there
currently was no fence behind the McCormick proper[y, the next property which was for sale, a third
property but it eventually connected with the alley which led back to Kirkwood Avenue. Holland said his
point was there currently was no fence there and according to code there should be a fence there.
Holland said if it went to the next step to rezoning, Lensing would have to install another fence to
demarcate that area. He and his mother had gone through this years ago with the commercial properties
in their neighborhood.
Freerks asked McCafferty if that was also her understanding of when a commercial area abutted a
residential area in such a way. McCafferty said she didn't know. Behr said he was not aware that it was
an automatic requirement, there might be special exceptions or CZA's that came into play or it might have
been voluntary. Holland said there was already precedent for doing so in the neighborhood.
Holland said another concern was that if the property were vacated and conveyed, some of the
purchased land would not be used but would still need to be maintained by the owner. He showed a slide
of an area with tall grass and weeds that had not been mowed or maintained currently located behind the
auto shop and plumbing business. Holland said he wished that the Commission would visit the site to
become more familiar with it.
Holland said it was his understanding that the funeral home was an exception to the rule of businesses in
that area. It was a fine business and Mr. Lensing should be very proud of it. The crematorium was also a
special exception. Now that they were moving toward a rezoning it would be another exception to the
rule, he wondered where it was all headed. He thought there were better uses for the area than a parking
lot and they had not yet begun to explore them,
Chait asked if the walnut trees were to the east of the alley that would be vacated. Holland asked Lensing
to address the question. Lensing said the trees were on the right-of-way. Lensing asked to make a
clarification about the fence. An agreement twenty years ago stipulated that he would put arborvitae trees
in. They had all died because of the walnut trees. When the crematory addition was added, they had
been asked to install a border of some type to give some separation, but nothing really about a fence. He
had gone to the nurseries, who had said dogwood trees would grow there. There was one left, all the
others had died because of the walnut trees. He was willing to keep some of the walnut trees but wanted
everyone to understand that nothing grew under the walnut trees which left sap on the ground and the
cars, Lensing said if the City could determine what, he would rather put in something growing that would
look beautiful within the neighborhood rather than a fence which was cold and harsh.
Chait said he wished to address comments to Holland. The concerns that the Hollands had were valid
concerns. However in terms of the technical kinds of things that the Commission was currently
considering, the Holland's concerns really did not have anything to do with what was being considered by
the Commission. Bovbjerg suggested it would be helpful if Chait shared his comments during the
Planning and Zoning Commission Minutes
August7,2003
Page 4
Commissioner's comments. Chait said what was being discussed was not regarding what grew or did not
grow nor what had or had not been committed to by Lensing in the past. His concerns had to do with that
in the United States there was a bigger value which had to do with being innocent until proven guilty,
which was a basic part of the system. The reason he brought that point up was because the Commission
was not talking about a rezoning or what Lensing might do. They were discussing what was the best use
of the alley and if they recommended a vacation or not. Ultimately the land might not even be disposed of.
For the discussion to become "woulda, shoulda, coulda" in the future was over the line, as Chait saw it.
The Commission had demonstrated that it had a distaste for an applicant who came in and asked for
something which the Commission gave them. Then they came back and asked for something more but
they also had an agenda for which the Commission had a suspicion about, but never fully disclosed their
plans. The fact was that the Commission was not presuming anything about what might or might not
happen in the future. Lensing had disclosed an intention because the Commission had an aversion to not
having a sense of that. Chait said those things were very close to a line and they were completely
different. The issue had to do with vacating the alley not and what might or might not happen in the future.
The concerns that Holland had raised were not what the Commission was looking at right now. If the
Commission determined that the alley was not beneficial to the City and it could be vacated, items such
as who bought parcels of land had to happen before a conveyance took place. Chait said it was not fair to
start talking about the future when the issue was very specifically related to if the alley was or was not
needed as public property.
Freerks said she thought it was legitimate to talk about other public uses for a piece of public land before
it was made not public. The consideration of the property as open space, as mentioned by one of the
neighbors, was legitimate, but she did not think having an island park in the middle of something that
could not be accessed was an easy thing to do. Freerks said she did not know if there was a major deficit
of green space in that area but that was something for later consideration.
Holland said he believed that Lensing had opened the door by indicating that he did not wish to purchase
the property unless it was rezoned. He appreciated that the Commission was talking about only one item
but he had a problem with it as it had been presented. If there was no rezoning, then there would be no
need for Lensing to ask for a vacation of the property. Holland said he did not think the issue was as
simple as the Commission presented it to be. It was a very complicated issue.
Winifred Holland, 1105 Diana Street, said the City had fencing regulations. It had taken her two years to
get the fence repaired a few years back. Holland said they had discussed the environmental regulations
at the last Commission meeting. Section 8, Item 2, said "Permit and define the reasonable uses of
properties which contain environmentally sensitive features and natural resources while recognizing the
importance of environmental resoumes and protecting such resources from destruction." Holland said she
thought it fell under that because the row of trees were not 12 inches around so they did not fall under the
definition of a grove of trees. The pamel of land was not an acre in size, so it did not qualify as a prairie
remnant. Holland said when she first received the letter she was not concerned. However when she
walked out and looked at the taped off area she had been shocked to see the tape stretching across the
two adjoining properties. She felt there was moro there than met the eye. Even though the Commission
was only making a decision about the right-of-way, she suggested that they consider other concerns that
had also been brought up that evening. Holland said if they voted yes on the application, they would be
laying the groundwork for a rezoning roquest that threatened the stability of the neighborhood.
Cortland Burwold, 1035 Diana Street, an adjoining property owner to the Lensing property. Burwold said
he personally did not have an issue with the vacation. He had purchased the property from his
grandparents and had lived there approximately three years. He currently maintained and mowed 20-feet
of the alleyway. Burwold said the only issue he had with it being vacated was if the property to the west at
424 Highland Court were to purchase their parcel. They had not maintained their portion of the hill for
years. Slides shown by Holland had shown the brush and overgrowth behind that building. Burwold said
since the time that the telephone company had sold the building that land parcel had not seen a
lawnmower so he was forced to look directly out over a weed patch. If the owner of that building were to
purchase his parcel, that would mean an additional 10-feet of weed patch would ensue. The current
owner did not maintain what he had now on the backside of his building because he didn't look out over it.
As far as the alley itself was concerned, at present it only served foot traffic from Grisley's Bar and on
Sunday mornings Burwold had to go out and pick up beer cans. BUnNOId said he might have accidentally
planted asparagus on the proposed vacation portion, but he would either move his asparagus or
purchase his 10-feet himself.
Planning and Zoning Commission Minutes
August 7, 2003
Page 5
Burwotd said he felt the neighborhood itself, thanks to John Roffman fixing up the house to the north of
Burwold's property, was already on the way to improvement. During the previous summer the lawn had
only been mowed two times dudng the whole summer. Improvements that were being made within the
neighborhood would hopefully raise the property value of his home and the homes that currently
surrounded him were much more decent than what they previously had been. As an adjacent property
owner, he had no problem with the vacation.
Chair and Anciaux suggested that Burwold talk to the City Inspector as there were City regulations
regarding such. Burwold said it was just grass and junk trees that had overtaken the area. Even if the
building owner opted to purchase his parcel of land, Burwold could still take action to have the area
maintained.
Anciaux asked when a parcel with two adjoining neighbors was vacated did the City get an appraised
value on the properties. Behr said the practice had been to solicit offers from each adjacent owner.
Anciaux asked if it ever became a bidding war or did it go just up to the appraised price. Behr said there
was not an automatic appraisal. The City liked it when the property owners obtained an appraisal, but
sometimes it just did not pay to get one so they went with the assessed value. Behr said everyone with
alley adjacent to their property got the chance to purchase their property at fair market value.
Chait said the property needed to be 100% acquired before the City would vacate it. He asked if the
adjoining property owners didn't want to purchase their parcels could a third party not connected to land
being vacated purchase it? This related to an earlier conversation regarding if Lensing could purchase
additional parcels of land and give them back to the property owners. Behr said it would be possible but
highly unlikely that the City would sell to someone who did not own any property adjacent to the vacated
portion. Staff would not recommend to Council that only a portion of the parcel be conveyed. Chair asked
if it would become a big dollar sale or more of just an accommodation to erase the alley. Behr said it
depended on the assessed and appraised values, but they were not talking about a lot of property.
John Roffmaq, 1314 Burry Drive, said he had talked to Lensing in terms of acquiring part of his parcel to
expand the funeral home parking lot. It seemed to make sense because at times there was not enough
space to accommodate parking and Lensing was landlocked in. Roffman said physically looking at the
alley now one would not have any idea that there ever was an alley there. Obviously it was public
property that had never been used so it made sense to vacate it, generate more dollars out of it and have
the best use of it.
Freerks asked Roffman if he lived on the property. He did not. He had acquired the property, fixed up the
house and had spent two days with three men cutting brush down and clearing the property which had
been neglected for a long time.
Lensing said he wanted everyone to know that if the property were vacated and if he were to purchase all
the land, he and Burwold had already reached a verbal agreement. There was nothing that he could do
with the lower piece of the vacated parcel. All he wanted to do was square off his lot for parking. Even
some of the land he might purchase from Roffman would not be touched because there was nothing he
could do on it, it would be left just as it was now.
Anciaux asked who owned the nonconforming lot? Lensing said it was owned by Peter Weinstein.
Roffman said he had spoken to Weinstein who was planning to be around for only one more year then
moving on. Roffman was anticipating combining the two properties at that time. There were no written
agreements, but they would work things out.
Chair and Bovbjerg discussed that the Weinstein lot was a non conforming lot but it could still be used for
a single family home because any lot, even though it was technically non conforming, could have a single
family home on it.
Holland said it was an odd area but a unique opportunity to use it in a different way. He urged the
Commission to consult with Project Green or other neighbors. He would like to join a panel discussion to
determine a different future than what the property was headed for now.
Public discussion was closed.
Motion: Chair made a motion that the City vacate the 6680-square foot portion of right-of-way located to
the southeast of 605 Kirkwood Avenue subject to: 1) the retention of any necessary utility easements, 2)
Planning and Zoning Commission Minutes
August 7, 2003
Page 6
the conveyance of the right-of-way being approved concurrently with the approval of the ordinance
vacating the alley, 3) the inclusion of a curb along the east-west graveled alley to prevent vehicular
access from the commercial property to Diana Street. Shannon seconded the motion.
Chair said they had discussed a lot of items specifically related to the vacation and a lot of concerns
around the ramifications of the vacation. He felt that there were adequate protections in the codes and
ordinances to provide for screening, etc. With respect to all of the concerns that had been expressed
regarding a parking lot being put in and the property developed, based on ordinances that were currently
in place there was no way that it was going to happen to the neighborhood without going through the
proper procedures and protocols. The Commission was simply looking at a recommendation to vacate
the alley. There had been a lot of discussion about private party interests but again the ordinances on the
books regulated that as well as the best use of the properties involved. When things came to fruition there
were ample safeguards in place. He felt the request was a reasonable one.
Shannon said they had heard a lot of things which he was trying to simplify it in his mind. To him an
alleyway was basically access to a properly. He had heard other good ideas mentioned, but the adjacent
property owners did not have a problem with the vacation. The Commission was also being asked to
make a decision on and speculate on a rezoning, but it was not their business to speculate on it. Chair
said a valid point made by Roffman was that it was a public right-of-way, but there was no visible
evidence that a usable alley had ever existed. Shannon said in keeping with all that, since it was an alley
that was not being used and wasn't meant for park land, the Commission should vote it up or down on the
merits of the neighbors input, what was originally asked for and was it a good thing. It was more of a
political issue and it was City Council's job to make decisions about what could and what should be.
Freerks said for her the question put to them was did the City need the property maintained in a public
way. She didn't see that there was great benefit in that and it was probably fine to vacate that property.
However further meetings about other issues could become much messier. Those would be things for a
later discussion when it came to encroachment and rezoning, those were things that the Commission
would take into consideration. As far as this issue, she was comfortable with the vacation. Freerks said if
the property changed hands, she urged Lensing to take into consideration the desires and concerns of
the neighbors who lived in the area when trees and buffers were considered.
Hansen said he agreed with Freerks. The question was: was it viable for the City to keep the properly or
not. He could not see anything good the City would be doing with the property as it had sat vacant. The
vacation did not guarantee that there would be any type of sale on the property if agreements could not
be reached.
Anciaux said it was only 6680-square feet which was not a very big parcel. The City was reserving the
utility easements and was protecting the City in doing so. He did not see any other need to keep the
property as City property.
Koppes said she had walked down the alley and would not have known that it was an alley if she had not
seen it on a plat. The City was not using it as an alley so there was no reason in her mind not to vacate it.
Bovbjerg said she agreed with the previous comments made. The protections on the property were good,
especially the restrictions on the east-west portion accessing to Diana Street. Those houses used the
alley and it had been an accessible right-of-way for years. Keeping traffic from the commercial area from
accessing onto Diana Street was a very important restriction that was part of the motion for the vacation.
She would vote in favor of the vacation. The whole process had been a neighborly work and she felt
certain that it would continue to be so.
The motion passed on a vote of 7-0.
Chait said if a rezoning came back before the Commission, it would be a very different playing field in
terms of who owned what, who was proposing what and it would be a very different conversation in a
whole different context. For the Commission to speculate about alliances or the outcome was premature.
It would be a very different landscape in terms of title.
ZONING / DEVELOPMENT ITEMS:
SUB03-00031, discussion of an application from Arlington L.C. for a final plat of Windsor Ridge Part 17B,
a 3.49-acre, l-lot residential subdivision located at the intersection of York Place and Broadmoor Lane.
Planning and Zoning Commission Minutes
August7,2003
Page 7
McCafferty said the memo dated August 7, 2003 was a correction. The fees for the improvement of West
Branch Road for these three particular plats would go into an escrow account for when West Branch
Road was upgraded. Behr said it was detailed in the legal papers and did not have to be noted
separately.
Public discussion was opened. There was none. Public discussion was closed.
Motion: Hansen made a motion to approve SUB03-00031, subject to Staff approval of legal papers and
construction drawings prior to Council consideration. Freerks seconded the motion.
The motion passed on a vote of 7-0.
SUB03-00032, discussion of an application from Arlington L.C. for a final plat of Windsor Ridge Part 18B,
a 1.09-acre, 2-lot residential subdivision located west of Broadmoor Lane and north of Camden Road.
Public discussion was opened. There was none. Public discussion was closed.
Motion: Anciaux made a motion to approve SUB03-00032, subject to Staff approval of legal papers and
construction drawings prior to Council consideration. Hansen seconded the motion.
The motion passed on a vote of 7-0.
SUB03-00033, discussion of an application from Arlington L.C. for a final plat of Windsor Ridge Part 19A,
an .82-acre, 1-lot residential subdivision located west of Broadmoor Lane and south of York Place.
Public discussion was opened. There was none. Public discussion was closed.
Motion: Freerks made a motion to approve SUB03-00033, subject to Staff approval of legal papers and
construction drawings prior to Council consideration. Koppes seconded the motion.
The motion passed on a vote of 7-0.
OTHER:
It was decided that a Code Review meeting would take place at 6:30 pm on Monday, August 11, 2003, at
the Recreation Center in Meeting Room B.
Chait said what concerned him about the Code review on Monday was that it seemed to him that the
Commission was totally missing the opportunity of context. The Commission was looking at the Code
review in such a level of minutia and micro-detail that they were missing the forest and the context of
what kind of process and development that they wanted to have happen in the community. They were
dealing with skinny branch details that were way out there. What had set him off was the mention of
incentives as if they had always offered incentives to tighten regulations, such as if there was a carrot and
a stick and a way to make it more voluntary. Chair said the kinds of things that they talked about at the
Code review meetings were so in the box that they were missing the big picture. In terms of guidance,
leadership and direction for the Commission, there was a huge opportunity.
Freerks said she thought they should look at it in detail to see if they were missing something that might
be very important.
Chair said his point was that they looked at it in detail and only in detail. They didn't look at the context
where they had the opportunity to set the course. Context was the whole way of being in this world, in this
City and they were not doing it.
Bovbjerg suggested they address Chait's issues Monday evening. Everyone should look over the Code
prior to Monday evening. She said if they needed to pull back and look at the whole thing that was a good
reaction which meant that they were trying to look at the whole thing. Looking at the whole city and all the
ordinances and how they worked together was very important. Bovbjerg said Chair very possibly was not
alone in his feeling and it should be discussed next Monday evening.
Planning and Zoning Commission Minutes
August 7, 2003
Page 8
Freerks said it was hard to get from point A to B to C to D when they received B then D then received A
later. It was difficult to fit all the pieces together.
Hansen said he agreed that the overall look of the ordinance needed to be addressed. Then how
everything fit together would make more sense to him.
McCafferty said from what little she had been working on the Code, it was a very complicated process. To
try to pull it all together all at once was very difficult. Howard and Miklo continually cross-referenced other
sections which the Commission had not yet addressed. One way to deal with it at this point was to write a
memo to Staff or make a note that they were concerned with how something related to other issues so it
could be earmarked. When they got to that issue, they could cross-reference back to the odginal concern.
McCafferty said it was a very daunting process because there was so much coordination between the
different sections, and other codes came into play.
Behr said from a Staff meeting perspective, they looked at A, got a consensus on what they wanted out of
A, then looked at B, decided what they wanted out of B, then someone would notice that the two didn't fit.
That was why it was being done that way. They would study vadous things then at the end they would
look at it all together and if things didn't fit then they had to make revisions or change choices. It was a
frustrating process so that was why it was being done in informal meetings so that at the end they could
look at the whole thing.
CONSIDERATION OF 7/17/03 MEETING MINUTES:
Anciaux made a motion to approve the minutes as written and corrected. Koppes seconded the motion.
The motion passed on a vote of 7-0.
ADJOURNMENT:
Chair made a motion to adjourn the meeting at 8:54 pm. Freerks seconded the motion.
The motion passed on a vote of 7-0.
Jerry Hansen, Secretary
Minutes submitted by Candy Barnhill
data on ciLynL/pcd/rninut e s/p&z/8-07-O 3p&z.doc
MINUTES APPROVED ~
PLANNING AND ZONING COMMISSION
SEPTEMBER 18, 2003
EMMA J. HARVAT HALL
MEMBERS PRESENT: Beth Koppes, Ann Freerks, Jerry Hansen, Ann Bovbjerg, Don Anciaux,
Benjamin Chair
MEMBERS ABSENT: Dean Shannon
STAFF PRESENT: Bob Miklo, John Yapp, Mitch Behr
OTHERS PRESENT: Joe Holland, Dave Moore, Karen Dawes, Steven E. Nelson, Joel Fagan, Alexis
Kuklenski, Amy Bouska, Glenn Siders, Kavel Mostafowi, Doug Ruppert
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 6-0, REZ03-00021, a rezoning from CB-2, Central Business
District Service to PRM, Planned High Density Residential for approximately 13,500 square feet located
at 512 S. Dubuque Street.
Recommended approval, by a vote of 6-0, VAC03-00002, the vacation of the alley located to the east of
512 S. Dubuque Street subject to the retention of any necessary utility easements.
Recommended approval, by a vote of 6-0, SUB03-00034, a final plat of Oakmont Estates, an 8.7-acre,
16-1ot residential subdivision located west of Foster Road subject to Council approval of the pending
rezoning and preliminary plat and subject to Staff approval of legal papers and construction drawings
prior to Council consideration.
CALL TO ORDER:
Bovbjerg called the meeting to order at 7:36 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS:
Bovbjerg said a way for citizens to help their City was to volunteer to serve on a board or commission.
Their viewpoints on what was happening within the town was very important. A listing of current
vacancies on the various boards and commissions was announced.
ZONING / DEVELOPMENT ITEM:
SUB03-00028/REZ03-00020, discussion of an application submitted by Southgate Development for a
rezoning of 119.94-acres from Interim Development Single-Family and Multi-Family Residential (ID-RS
and ID-nM) to Planned Development Overlay, OPDH-5 and a Preliminary Plat of Sandhill Estates, a
146.48-acre, 378-1ot subdivision located south of Pepperwood Addition and east of South Gilbert Street.
Yapp said the property was located in the City's South District. The City had a District Plan for that area.
The applicant was seeking to rezone approximately 119-acres. The remainder was part of the subdivision
and was proposed to remain not zoned for development at this time. Several years ago the applicant had
presented a plan which showed most of the area as being developed. There had been a negative
reaction to the plan from both surrounding residents and persons now known as Concerned Citizens for
Sand Prairie Preservation. An Ornate Box Turtle habitat had been identified as being located on much of
the sand hill area as was a suspected prairie. As a result, the applicant had contracted with conservation
designer Randall Arendt to design a conservation design for the subdivision. That had involved the setting
aside a large area of open space in return for allowing smaller lots on the remaining area proposed for
development. Yapp said the net result was about the same number of lots as a regular single-family
development, but smaller, in return for a larger open space.
Planning and Zoning Commission Minutes
September 18, 2003
Page 2
Yapp showed an early version of the Arendt conservation design plan overlaid on an aerial photo. It
showed a portion of the sand hill area with most lots 50- to 52-foot wide with some 30-foot wide lots
interspersed throughout the development with an interconnected street system and other green spaces
within the street network, the idea being that most of the residents would have a view of some green
space on the property. He said the current application encompassed 378 lots and followed the same
philosophy. The developer's proposal proposed an approximate 17-acre area of the sand hill in the center
of the development. Last week the Parks and Recreation Commission had recommended accepting this
area as public open space along with a small area adjacent to Wetherby Park. The remaining
interspersed open spaces through out the development were proposed to be private. Yapp said the one
area in which the current plan differed from the Arendt plan was the inclusion of a number of lots along an
area of open space that Yapp pointed out on the overhead site map. The previous plan had indicated a
much larger public frontage onto this particular piece of open space. On the north, south, southwest and
an opening facing Wetherby Park were connections to the public streets through the proposed open
space.
Other elements of the plan that had evolved as Staff had worked with the applicant included the inclusion
of and an extension of the Iowa River trail. Because Gilbert Street did not include sidewalks in this area,
Staff had recommended that the Iowa River Trail be included with this development for a connection to
the regional trail system. The applicant had also agreed to construct a trail connection to Wetherby Park
from the neighborhood. Staff would continue to work with the applicant to identify the exact location for
the connection, which then would be maintained by the Parks and Recreation Commission as part of the
park.
Yapp said an issue that Staff had noted in the planning documents was, when lots became smaller and
narrower, a dominant garage streetscape had the potential to occur. A number of the 30-foot lots would
have rear garages and alley access. The remaining lots were between 50 and 55-feet in width and had a
double car garages. Staff had had some discussions with the applicant over this issue and hoped to
reach some proposals to alleviate the garagescape appearance within the neighborhood. Staff's report
outlined one potential way to alleviate the issue was to set the garages back from the main part of the
house so the residential form of the house was the dominant form on the streetscape.
The applicant had worked with the Department of Natural Resources to relocate the box turtles to a
different habitat from their current habitat on the sand hill, knowing that the area would be developed.
Earlier in the spring the DNR had been on the property and had relocated some turtles. If more turtles
were discovered it would be required that they too be relocated. Staff had shared all the development
information with the DNR.
Yapp said as noted in the Staff Report, in addition to not having sidewalks Gilbert Street did not have a
turn lane in this area. Staff recommended that once 25 units were constructed, a left turn lane be required
to be constructed at the expense of the applicant because of the connector street and the development of
new residential lots.
Wet hydric soils and steep slopes were located on the property. Specific construction methods would be
required to be utilized to deal with those features of the property.
The general design of the street network was an interconnected street network which was recommended
in the City's Comprehensive Plan. Staff was comfortable with the overall street network, the pedestrian
sidewalk and trail connections. The loop streets would be posted as one-way streets to allow for their
narrower 22-foot width.
Yapp said this part of the City was generally rather flat so in some area neighborhoods there was not very
good drainage. The proposed drainage system would go along the north and east borders of the property
following the natural drainage pattern in the property. Several basins were proposed for future
development. City Engineering staff was comfortable with the proposed level of stormwater management.
Yapp said in response to a concern raised at Monday's informal meeting regarding if the proposed
stormwater system would alleviate stormwater issues is the Pepperwood Neighborhood, it was likely to
alleviate any drainage issues in the southern Pepperwood area because the basins would be lower and
they would capture drainage. They were not designed to deal with any drainage issues further north.
Planning and Zoning Commission Minutes
September 18, 2003
Page 3
Bovbjerg requested Legal Staff to clarify what issues the Commission could consider with regard to the
rezoning and the OPDH plan.
Behr said items mentioned in the Planning Staff's Repod such as:
· the Gilbert Street improvement (specifically the turn lane) recommendation to be included in the
Conditional Zoning Agreement because it was a basic public infrastructure item
· the proposed design considerations proposed by Staff because it was an OPDH and there was a
request to reduce the size of lots to the extent that the reduction in size created a public need for
regulation of the appearance of those units
· the suggestion by Staff for the clustering or removal of lots that backed onto the open space because
it was an OPDH and the applicant had proposed additional open space in exchange for the reduction
in size of the lots
· the lots that backed onto the open space to the extent that they felt a change in how it was proposed
really affected the value of the open space and its merit as a basis for reducing the size of other lots
Bovbjerg asked if improvements to Gilbert Street and the new east-west arterial were considered a part of
the CZA along with the rezoning or were they just part of the development itself. Yapp said the turn lane
would be proposed as part of the CZA, the arterial street as shown on the plat would need to be required
to be constructed by the developer with the City paying the oversized cost of the street. The trail as
shown on the plat would be required to be constructed because it was shown on the plat.
Based on the assumption that this item would be deferred, Hansen asked if it would be possible to have a
prairie expert present at the next meeting to provide information about the difference in management of
the open space with respect to burning versus mowing. Yapp said Staff would try to contact someone. He
had spoken with Terry Trueblood regarding management of the open space. Trueblood had said that one
this became public land, the Parks Department wished to work with any and all prairie groups interested
in maintaining this area as it should be maintained. Parks and Recreation did not have specific plans for
the open space at this time. Hansen said he had made the request because of several double-loaded
issues before the Commission. If burning was the favored method for prairie maintenance, then it seemed
it would be putting a lot of homes in danger. Miklo said staff would try to consult with someone who has
expertise regarding prairies. If possible staff would arrange to have such a person at the next meeting or
staff may have a written response regarding this concern.
Public discussion was opened.
Joe Holland, attorney for Southgate Development. Holland said he had only very recently begun
representing Southgate Development for this project. He had come to the project with a different
perspective as he had somewhat followed it in the media. He too had an interest in what was happening
on the property. For almost three years he had served on a Johnson County Commission with Glenn
Siders and another member of the audience. Their purpose had been to draft a number of ordinances for
Johnson County which had included a Conservation Clustered Subdivision ordinance and a Sensitive
Areas ordinance. The committee had had a broad representation and had spent a long time making the
drafts. Through his work on the committee, Holland had become acquainted with Randall Arnedt, who
was very involved in conservation design subdivisions which dealt with open spaces, clustered housing
and trying to preserve natural features. He had gained an awareness of how much of a balancing act it
was between environmental issues and the development of property.
Holland said he felt the project as presented before the Commission was very much an example of the
balancing process in progress. The applicant's design was an outgrowth of the one proposed by Amedt.
Early in the process Siders and Arnedt had met at the site and Arnedt had proposed a concept design.
That had been the genesis of what the Commission was seeing in terms of the subdivision. The balancing
act had come in because no one could have everything in a project that they wanted including the
developer, neighbors, and environmentalists. He felt Southgate was far more flexible than other
developers he had seen in the community. The open space that was proposed to be set aside for prairie
was more than 6.5-times the amount required by the City's Open Space Ordinance. Holland said that was
a sacrifice by the developer, but Southgate was not doing it with the feeling of having a gun held to their
heads. They had attended citizen meetings, worked with Staff and had come to the proposed design
because they felt it was the best design that could be found which would accommodate neighborhood
interests, environmental interests and the interests of the developer.
Planning and Zoning Commission Minutes
September 18, 2003
Page 4
Lingering issues that the developer had recently met with Staff about included the design of the houses
on the small lots. They were actively working to find common ground that would satisfy City concerns but
still give the purchasers of the homes the maximum square foot per dollar that could be achieved. Open
space issues, everyone had to understand that they were not going to get precisely everything that they
wanted. The design had been a progression of design issues over the last couple of years. Holland said it
was a good, well-designed project and the Commission should recommend approval on.
Dave Moore, 425 Davenport Street, said he was referring to the Sand Hill ridge itself and the land to the
west and southwest facing Sand Road. Moore said he believed 10-years from now a lot of people would
be asking why on earth this particular spot of land had been developed at all. It was historically important
as it was close to the original settler John Gilbert's cabin and native camping grounds on the river. It was
a beautiful area on the Iowa river abundant with wildlife, it was part of the south corridor and adjacent to
the quarry ponds which were set for recreational use in the future and it was an area already rich in
recreational features which included the ball diamonds on the other side of Sand Road, the golf courses
to the south and biking clubs used Sand Road all the time. Moore felt if the community were to stand back
and say, "Where could we preserve an area that is a real slice of rural Iowa and right for recreational
and/or preservation possibilities, you couldn't find a better spot than that area right there".
Moore said that the main reason he was there was because if the Commission didn't know it already, a lot
of people were not happy in a general sense about the development and he felt it needed to be put on
record. Last year Southgate had had several meetings to present their plans and he had attended one of
those meetings. Moore said he appreciated Southgate's efforts to meet with the neighbors, to offer a
small part of the land to the City, the efforts of Southgate's architect to make the site more attractive and
Sider's helpfulness when Moore had been seeking information, but based on the dialogue of those
meetings he didn't know of anyone who had attended those meetings who if they had it in their power to
make the entire project simply disappear, would not do so.
Moore said the entities who would really gain from the development of a piece of land of this type were
Southgate Development, the people who actually would live on the site and the people in the building
trades. The losers in his opinion would be the people who lived in the area and who used the area for
recreational purposes. City Staff had indicated that they expected the traffic on Sand Road to double or
triple over time. He said future generations of Iowa Citians would lose a beautiful spot of land that could
have been the centerpiece of a really beautiful entryway in the south corridor to our community. Moore
said he would like to see Southgate reconsider the City's request for a botanical survey of the area and
for the Commission to bear in mind the special nature of the land in their decisions. He would also like to
see the City Council consider purchasing the Sand Hill ridge and the land to the southwest and for
Southgate to be open to those possibilities if the City was so interested.
Karen Dawes, 1055 Briar Drive, president of the Board of Directors for the Concerned Citizens for Sand
Prairie Preservation. Dawes said she wanted to say thank you to everyone who had worked very hard in
relation to this development over the last two years, especially to Southgate Development and to the City
Planning department. Dawes said she would suggest that there remained a great deal of work to be
done. The four points she had to make were:
· She did not think the question the Commission had posed a year ago last April, which was whether or
not this area should appear on the Sensitive Areas map, had been answered.
· If the development was to be a true conservation subdivision then all of the basic concepts must be
observed. She felt that removing most of the views of the prairie from public streets and from the
homes that would be there made the much smaller lots much less desirable and less marketable.
· The appearance of the homes that would be built in this neighborhood on the much smaller lots would
have a very long-term impact on the new neighborhood and the surrounding neighborhoods. Because
the lots were small every effort should be made to avoid the cookie cutter garage appearance. A
house design that maximized yard space rather than concrete and garage space should be looked at.
· Because the prairie area had been and would be marketed as an amenity to this development it
would need to be managed and restored rather aggressively and sooner versus later. Protecting the
area during construction and allowing an appropriate prairie management plan would be essential.
Bovbjerg said the Commission had received a letter from the Concerned Citizens for Sand Prairie
Preservation and it would be entered into the record.
Planning and Zoning Commission Minutes
September 18, 2003
Page 5
Hansen asked if the Citizens were working with anyone at present to restore the prairie. Dawes said they
had hoped that once the project was approved that they would be able to do some plant rescue from the
areas that would be destroyed. It would also depend on the time of year that grading would begin.
Southgate had said to them that they would be able to, but she felt it would be dependent on the time of
year. They hoped to bring in some experts to assist them. The invasive species of the trees that were
currently on the area needed to be removed and some burning needed to be done, there was a lot of
work that needed to be done. They had been waiting for this project to move forward, it was not their land
and it was not the City's land, it was Southgate's land so they would also need their cooperation.
Hansen asked Dawes how she felt about the smaller lots proposed to be built south of Wetherby Park,
how would their view be affected by being built where they were currently shown on the plat. Dawes said
she thought if the prairie was surrounded by lots so that they were blocking views from the public streets
and the people from across the street couldn't look onto the prairie because there was a house in the
way, then the trade off with the smaller lots was not there. She said even if a person had a small lot, if
they could "look out" it made it feel like a larger place which was part of the basic concept of a
conservation subdivision. One of her colleagues had studied this concept and would be able to discuss it
in detail. Dawes said she felt Randall Arnedt probably would not be very happy with what had happened
to the plan in some respects.
Steven E. Nelson, 1033 Sandusky Drive, said he wished to emphasize the point that had been made at
Monday's informal meeting, "this was a large development." In his viewpoint, it defined what would be the
South District of Iowa City. Nelson said he was a little disappointed in what he saw. He had used the
South District Plan as his guidebook. He'd envisioned a district with a variety of housing, with some
upscale housing and larger lots for people who wanted to live in this part of Iowa City. With the proposed
scale of development plus what else was already built, there was no possibility for larger homes. He could
not build the home that he currently resided in on Sandusky Drive. He did not consider it to be opulent but
the houses were too big to fit on any of the proposed lots. Nelson said he would like to see some, but not
too many larger lots. He had pictured the golf-course crowd of persons who wanted to live near an open
space but didn't golf. He supported the idea of mixed housing, some apartments and townhouses, a real
mixture in a real neighborhood. Nelson said he was not overly familiar with the Peninsula Neighborhood
but he believed in some of the concepts they were initiating by providing variety in a mixed neighborhood.
With all the proposed small lots, many of them 6,000 square-feet houses, there would not be a lot of
variety in housing designs that could be built.
Nelson had an article by Amedt which showed what type of attractive houses could be built on lots of
those sizes and avoid the "Snout Houses" as they had been called. He said that was a concept that Staff
had pointed out. They wanted the fronts of the houses to look attractive and not to look like you were
driving by a bunch of storage buildings or garages. Nelson said there were a lot of nice things about the
design, but because it was so large and defined the South District so much, he felt the Commission
needed to look at it carefully and see if there weren't more changes that could be made to get a larger
variety.
Freerks asked Nelson, if he knew the trade off for a larger lot home could be to remove chunks of the
green area, how would he feel about it as a neighbor in the area? Nelson said he didn't believe it had to
be a trade off. When Southgate had purchased the land they had known that the South District was there
and that land had been set aside as open space. It had been designated in the Comprehensive Plan as
open space. Now that Southgate wanted to develop part of the open space, Nelson didn't feel that they
should have to trade off more just to reduce the sand prairie area that would be developed. He said Iowa
City had many jewels, it hadn't been known that the Devonian Gorge existed until ten years ago. The
sand prairie had been there forever, mostly undisturbed. He didn't think people appreciated the potential
that it held, it was a rare piece of land. They were giving up two-thirds of it to save one-third.
Nelson said 378 lots were a lot. He suggested that the school board be consulted as well. The South
District Plan discussed a school being developed in the area which he didn't think would happen. As the
neighborhood was developed Nelson said consideration needed to be given as to which school the kids
would attend, a natural division needed to be created instead of an arbitrary house-to-house division.
Nelson said when this large an area was going to be developed by a single developer, that would define
the neighborhood. There were a lot more issues beside just what the lot sizes would be.
Planning and Zoning Commission Minutes
September 18, 2003
Page 6
Hansen asked Nelson if he could define what the ideal development on that area would be, what
percentage of larger lots would he put there? Nelson said probably 30. Hansen asked Nelson what he
would call a larger lot? Nelson said something over 10,000 square feet, double what the lot sizes were
now. Hansen said looking at the proposal he saw quite a few lots of over 10,000-square feet in size.
Nelson said he had not studied the plan closely; he had looked mainly along Sandusky Drive. That would
meet his request, and he was glad to know that they were proposed as such. Hansen said as far as he
knew the school was still a proposal to be located along Sycamore.
Nelson said it looked like some of the water went under the house lots as it approached the south end.
Yapp said there would be a culvert under the roadway there.
Bovbjerg asked who would be taking care of the culvert. Yapp said the culvert itself would be part of the
public street. The stormwater basins would be taken care of by the homeowners association as far as
mowing them. Debris on the upstream side of the culvert would likely be taken care of by City crews.
Joel Faqan, 741 Chestnut Court, said one of the early plans had a number of ponds along the north edge
of the development. They had looked very nice on Arendt's concept plan but he had concerns about the
presence of that type of pond because of ones he'd seen in and around Iowa City and Coralville. Over
time they tended to become really unattractive and messy. Fagan specifically asked about the pond at the
end of Birch Street. Yapp said they were proposed to be dry water basins. They would be designed as
grassy basins that would collect water during rain storms and slowly drain out toward the south and the
east. The homeowner's association would be required to maintain and mow the basins. Such basins were
located in the Scott Park area.
Fagan said the real issue was, was this going to be the best way to manage the stormwater drainage,
was it going to be an eyesore for the neighborhood, would it be a problem for the homeowner's
association or was there a better way to do it that would avoid potential problems of that kind. Was it
being done this way just because other persons did it this way and had careful thought been given to the
proposed basins. Yapp said the other way would be a wet basin which would be a permanent pond that
would collect water. Some type of basin system would be required in this area. An example of a private
dry bottom basin could be seen looking west from Scott Boulevard near where it intersected with
Rochester Avenue.
Fagan said another issue was that this plan differed from the original plan in the location of the narrow
lots. Originally some had been proposed to border the Chestnut Court area, but he was happy that they
had been moved. Fagan said he and his neighbors felt it would not be appropriate to place that type of lot
adjacent to existing standard single-family lots. Fagan asked if within the zoning process there a way to
assure that they didn't get moved again during the course of development. He wanted to make sure that a
reversion back to an earlier plan that changed the location of the narrow lots wouldn't occur. Yapp said
should this plan be approved as it was now, if the developer requested a change in the plan or location of
lots, Staff would go through the same notification and public hearing procedure that was occurring at this
meeting.
Fagan said it had been interesting to hear Hansen/Dawes discuss that having an open area, even if it
was not yours, made you feel like you had a bigger, more attractive, enjoyable place. Fagan said because
his lot currently backed up to an undeveloped cornfield, it made a very big difference as to how his
backyard felt. He would guess that even if a large proportion of the proposed lots in this development had
an unobstructed view of the prairie, it would indeed give a very different feel to those lots. Anything that
could be done to make the open area more visible and more accessible would be a big advantage to the
overall character of the development.
Alexis Kuklenski, said she was concerned with the way the sand prairie kept being referred to as a prairie.
Prairies were very special to Iowa, but sand prairies were even scarcer. They were only found in areas
where large amounts of sand had collected. Because Iowa was very fiat there were not very many hills
where sand would have accumulated. Kuklenski said it was her understanding from studies that sand
prairies were one of the most sensitive types of prairies. Walking on them could destroy them, heavy
machinery would definitely destroy them. She was concerned that an expert had not been brought in yet
to look at the prairie to identify it as a sand prairie, one of the few in Iowa. The only other sand prairie she
was aware of in the area was located in Muscatine. Kuklenski said if this was truly something unique to
this area it needed to be looked at and preserved. Since that had not been done yet, it concerned her.
Planning and Zoning Commission Minutes
September 18, 2003
Page 7
Bovbjerg said if the green area on the map were set aside, what type of restrictions or advice would be
given with respect to placing machinery there or doing any disturbance. Behr said the area that was to be
dedicated to the public would not be available for use in the process. Bovbjerg asked if it could legally be
kept off bounds for storage or parking or any use at all. Behr said it could be. Freerks asked if it had to be
dedicated and accepted first. Behr said not necessarily. It could be stipulated as a no development area.
Yapp said in a conversation with Glenn Siders, Siders had said he would be more than willing to fence off
the area during development of the surrounding area so that any construction equipment would not
inadvertently drive across it. Yapp said the Commission might wish to include that as a condition of
approval. Behr said there would be discussions as to how soon the open space was to be dedicated. If it
was not to be done soon there could be arrangements or an agreement as part of the legal papers that it
was off limits until it was dedicated. Bovbjerg asked if it would have to have been accepted by the City as
a dedicated piece of park land. Behr said no, it could be agreed between the developer and the City that
until it was dedicated it would be off limits.
Amy Bouska, 1049 Briar Drive, said she was a Board member of Concerned Citizens for Sand Prairie
Preservation. Bouska said approximately two years ago when this proposal initially went before the
Commission she had gotten involved as had many of her neighbors to try to integrate the principles of the
South District Plan into the proposal. Bouska said she would like to give Southgate Development a lot of
credit for bringing in Arnedt to look at the land in a little different way and to incorporate a conservation
subdivision design. She said the best part of a conservation subdivision design was that large areas of
open space could be preserved. That was balanced by having smaller lots and the homes were clustered.
The important balance was that not only were the homes clustered, but you were able to see the open
space, to see the vistas and to experience them. Accessibility to the open space was also a part of the
design. Bouska said there was a difference in the concept plan that had been designed by Arnedt and the
one that was before the Commission. The whole process had been a compromise, it had been a long
process in which both sides had done give and take.
The South District Plan had been a guiding principle for their neighborhood. Bouska said they would like
to see the finishing touches of that come into play and the Commission could play a role in that. One of
the finishing touches would be to restore some of the vistas that were in Arnedt's conceptual plan.
Another finishing touch would be to look at the long-term maintenance of the land. It could be set aside
and protected from development, but consideration also had to be given to what was going to be done
from a management standpoint. The invasive honeysuckle and honey locust trees needed to be removed
and the area needed to be burned. The prairie area could not be left as it was now. Controlled burning
could be a scary thing to people who did not understanding what burning meant to a prairie. Bouska said
one of the things that could help them move along toward management of the land was by doing some
single loading of the streets. In restoration or reconstruction projects, fire was a very important
management tool to help stimulate the seed banks. If remnant plants were actually located there, they
would respond to the fire, with mowing it would be hard to simulate fire. The design of the subdivision
would make a big difference in how the land could be managed.
Bouska said one of the other tools that the Commission could help them with was if they were concerned
about the burning, it would be nice to do some up front marketing regarding burning of the lots. If the area
was to be a conservation subdivision design and the open space was going to be marketed as an
amenity, it would be helpful to have that information available at the beginning to the homeowners and
have written agreements from a legal perspective that the area would be burned. She said that prairie
management would be subject to approval from the Fire Dept. and to approval of a land management
plan. Citizen's didn't expect City Staff to do all that; they knew that they were going to need to be involved
and would have to help with it. They would like to see controlled burning as an active part of that. Bouska
said she would like to give a lot of credit to Southgate as they didn't have to bring in Arnedt. Although
what they were looking at today was a much different plan than the plan presented by Arnedt before,
Bouska said Citizen's hoped to work out some of the finishing touches to help make this area, which
would hopefully be set aside, sustainable in the long run.
Hansen asked if Staff would also get a Fire Department opinion for the next meeting. Yapp said the Fire
Department had a permitting process for burning of this type. Burning of prairie had been done within the
City limits.
Planning and Zoning Commission Minutes
September 18, 2003
Page 8
Hansen asked what was the difference in the number of units between Southgate's proposed plan and
Arendt's concept plan. Yapp said Staff would count the number of units for the next meeting. Siders said
he didn't have the exact number but thought it was very similar as well.
Behr said it sounded as if Hansen's questions with regard to the burning went to how the Commission
would approach the lots that backed onto the open space. The burning and the management of that open
space would be up to the City. When the developer dedicated that property how it was ultimately used
would be up to the City. Hansen said that was why he had asked about a Maintenance Plan and if the
Fire Department was even open to burning 17 acres. Bovbjerg said there were groups within the City and
the County who were very experienced doing burns. It would be possible for the Fire Department to link
up with those resources and do a burn if that were the way the prairie was going to be maintained. Some
prairies were more realistically and naturally maintained by burning rather than by mowing or grazing.
Glenn Sider~, Southgate Companies, said as far as the City obtaining ownership of the prairie, Southgate
was going to press really hard to get the City to immediately accept it because of a number of issues and
concerns that people had already raised such as what did or did not get on the property. It was very
difficult for Southgate to manage it. There was growth on the property now that they had no control over.
He wished to get the area dedicated, fenced/marked and then they could implement what ever
management methods they felt appropriate as the City worked them out with the community.
Siders said in response to Fagan's concerns about stormwater management, this stormwater was unique
to anything else in Iowa City in the aspect that it was a lineal basin. It was not just a big hole in the ground
or two in the ground next to each other. It incorporated the entire natural drainage way of the property. It
was a whole series of basins that interconnected and acted as one unit. They could be either wet or dry
bottom. The concept plan had shown water in them, that was their preference, but it would basically be
determined at the engineering stage whether they were wet or dry. It depended on how quickly the water
would drain and those types of details wouldn't be known until the engineering phase of development. If it
was the neighborhood's desire to have dry bottom basins, that could be done also.
Bovbjerg asked if it were dry or semi-dry bottom basins, would it be a somewhat gradual slope from the
north area to the southeast. Siders said that was correct, it would be a terraced type of arrangement
where you had a basin area then stepped down into the next basin area then kept going down to the
southeast. It would be engineered to be draining and not just seeping into the ground underneath.
Bovbjerg asked if the ditches would be open or culverted? Siders said he thought there would be certain
areas that would have to be piped such as under the roadways. Primarily he thought they would be open,
but from prior conversations with the Engineering Department, in order to transfer from one level to the
next they had to be piped. There might be an open area, then an area of piping, then an open area and
so on, but he thought the majority of the area would be open and overland transfer of the water. Bovbjerg
said she hoped this could be an amenity as a green open space and not a hazard. It was well known
among developers that green space, open space and trees sold lots and sold developments. Siders said
they were pretty open to either wet or dry bottom, they had not gotten close to making that decision yet.
Prior conversations had been if the basins were dry bottom, Southgate had an interest in what Parks and
Recreation would be doing with their section in the southwest corner. The developers had an interest in
incorporating the same theme throughout the whole area to naturally tie the neighborhood into the park.
They would landscape with some type of grasses.
Hansen asked for a clarification about the corners of the park area on the south. Siders said Parks and
Recreation wanted to keep the area on the southeast corner of the park, he had been referring to the
southwest corner of the park near the trail. Hansen said both sides of the trail were prairie restoration.
Siders said it seemed natural to try to incorporate that same theme through out the whole neighborhood
so as to tie it into the park.
Hansen asked if there was financially a difference as far as the upkeep of a wet bottom versus a dry
bottom basin. Siders said he would suggest that a dry bottom was less expensive to keep up. With the
exception of some erosion repair, basically the expenses would be for mowing. Wet bottoms ponds would
silt in, lose capacity and have to be dredged out. It was difficult to get equipment in and out, get the dirt
transported out and it was expensive to do.
Hansen said adjacent to Outlot E there were four lots that would line up where the fronts of the buildings
faced the open lot and there was no sidewalk there. He asked if there would be a common sidewalk along
Planning and Zoning Commission Minutes
September 18, 2003
Page 9
the front of the buildings. Siders said there was an alley along the back and the intention had been to
access the property vehicularly from the rear. They had not given any consideration to a sidewalk, they
had assumed that pedestrian traffic would go along the City right of way. The purpose of the vacant lot
was to provide a green space. Arendt had tried to put a green space at most intersections. As the plat
had developed from concept to design, that remnant parcel of land had remained as green space. Siders
said if the Commission wanted sidewalks installed it would be no big deal to do so.
Public discussion was closed.
MOTION: Hansen made a motion to defer SUB03-00028/REZ03-00020, a rezoning of 119.94-acres from
Interim Development Single-Family and Multi-Family Residential (ID-RS and ID-RM) to Planned
Development Overlay, OPDH-5 and a Preliminary Plat of Sandhill Estates, a 146.48-acre, 378-1ot
subdivision located south of Pepperwood Addition and east of South Gilbert Street. Anciaux seconded the
motion.
Hansen he was a lot happier with this plan than with the first plan. He wished to thank Southgate for
being so open about the project. He felt it would be a wonderful addition to the neighborhood. Hansen
said he also wished to thank the neighbors from the surrounding area for getting involved and saying
what was on their minds. They were coming out with a much better plan.
Anciaux said he was happy with the plan. He liked the six-times the open space more than was required,
it had come a long ways.
Freerks said it was a good plan, much better than the first one. There had been a lot of give and take.
She asked the developer to again look at Covered Wagon Drive where a lot of houses had been added to
see if it was possible to make it more open without taking away too many lots. Possibly place them along
Sandusky making them a little bit narrower to reflect what was going on across the street. It might go a
long way to help iron things out with the neighbors.
Hansen said he would like to echo Freerks thoughts on the units that had been added in. He would like to
know what the Fire Department and City were going to do about management of the prairie. Hansen said
that would go a long way toward making up his mind, what he would like to see done with the units that
had been added in.
Anciaux said originally he'd thought narrowing up those lots would be a good idea. However now he was
not sure he wanted to see an alley on the backside of the prairie. Hansen and Freerks said they would
suggest eliminating those lots.
Bovbjerg said some of the suggestions from the neighbors and from the Commissioners regarding
changing configurations and changing lots to open up the vistas was very important, especially in areas
where there were small lots and a lot of people in one area. They wanted the feeling of being open. In
areas near cities where townhouses were closely located with a wide road or green space across the
street the residents didn't realize the density. The density became an amenity in itself and the open space
became an amenity to persons living in close houses. Bovbjerg said she would like to have a discussion
on the wet and dry bottoms and how the drainage would flow. She appreciated the large green space, but
felt the vistas should be opened up. This could be a very good neighborhood for this very large
development. It would make its mark on this side of town. She said the design could compliment the
Comprehensive Plan and she appreciated that. She liked staff's recommendations regarding the garage
placement, porches and percentage of concrete. She said with these design issues addressed this would
be a very good development.
The motion passed on a vote of 6-0
REZ03-00021, discussion of an application submitted by University View Partners for a rezoning of
approximately 13,500-square feet located at 512 S. Dubuque Street from Central Business Service (CB-
2) zone to Planned High Density Multi-Family Residential (PRM) zone.
Miklo said the City had recently rezoned the property to the north to PRM, so a fairly large PRM area was
now established in this neighborhood. There were currently only two properties that were not zoned PRM
or PRM with a Sensitive Areas Overlay. A steep slope ran through the back of the property and an alley
Planning and Zoning Commission Minutes
September 18, 2003
Page 10
that had been dedicated but never paved also ran through the property. The Near Southside
Neighborhood Redevelopment Plan, part of the City's Comprehensive Plan, recommended that this area
as well as the surrounding properties be redeveloped for high-density multi-family use. Many of the near
by properties had recently been redeveloped and Staff anticipated other properties in the area would be
as well.
The logic of promoting higher density residential near the downtown lay in the concept that people living
near the downtown would have less of a need for an automobile, they would be able to walk to the
businesses, employment centers and the University. They would also contribute to the vitality of the
downtown neighborhood. Miklo said Staff felt the proposed rezoning was in compliance with the
Comprehensive Plan and was compatible with the surrounding neighborhood which consisted mostly of
higher density multi-family, some commercial and a considerable amount of public land that was owned
by government entities. There were some environmentally sensitive features associated with the slope at
the back of the property which would be regulated by the Sensitive Areas Ordinance. Staff recommended
approval of REZ03-00021, a rezoning from CB-2, Central Business District Service to PRM, Planned High
Density Residential.
Freerks asked Behr to explain why this would not be considered spot zoning. Behr said spot zoning would
be if the Commission picked a particular piece of land and actually zoned it differently from the land
around it. If changed, this piece of land would be zoned to be consistent with the land around it, the one
remaining commercially zoned property on that block would be a considered a remnant. This was actually
the reverse of spot zoning.
Public discussion was opened.
Joe Holland, attorney for the applicant, said it was a straight forward request to have the property
rezoned, which would be consistent with the surrounding land uses, the Comprehensive Plan and the
zoning of the surrounding areas. The owners of the Willis parcel to the north had spoken with Mr. Clark
and City Staff and were satisfied with this proposed rezoning.
Miklo said he'd spoken with Mr. Willis regarding his property which was currently zoned CB-2 and about
the City possibly rezoning it PRM to be consistent with the surrounding properties. Willis had objected to
a rezoning of his parcel but had no objections to the rezoning of the Clark parcel.
Kavel Mostafavi, 219 E. Harrison, said they had no problem with the rezoning but were concerned with
the alleyway directly in front of his building where cars parked. He had previously spoken with Clark and
wanted to make sure that access to their lot and parking on the alleyway would not be hindered in any
way. His family had built the apartment building approximately 10 years ago and had paved the driveway
in front of it to park cars. He'd spoken with their tenants and they were also concerned about how this
would affect access to the Clark property and their parking on the alleyway. His father owned the
apartment building and he managed it.
Public discussion was closed.
Motion: Chait made a motion to approve REZ03-00021, a rezoning of approximately 13,500-square feet
located at 512 S. Dubuque Street from Central Business Service (CB-2) zone to Planned High Density
Multi-Family Residential (PRM) zone. Koppes seconded the motion.
Koppes asked in conjunction with the next item, how would the Commission put language in it to stop
usage of the alley? Miklo said it was a public alley. The prior use of the property had been a veterinary
clinic. The property currently had access to the alley as well as a driveway onto Dubuque Street. The
applicant's proposed intention was to continue to use the alley to provide access to a future parking lot
which would serve a building to be set on the front of the lot.
Bovbjerg asked if the paved alley was technically and legally not part of the piece of ground that was
being rezoned. Behr said that was correct.
The motion passed on a vote of 6-0.
Planning and Zoning Commission Minutes
September 18, 2003
Page 11
VACATION ITEM:
VAC03-0002, discussion of an application submitted by University View Partners for the vacation of the
alley located to the east of 512 S. Dubuque Street.
Miklo said this was the alley to the east of the property which they had just voted to rezone. At one time
the alley had been platted the length of the entire block and had ended at Prentice Street. The southern
half of the alley was vacated a number of years ago and had been acquired by the adjacent property
owners. The far northern one-quarter of the alley that was open was paved and used by the adjacent
property owner. The applicant had told Staff that he would like to amend the original application to vacate
90-feet of the alley to reduce it to 80-feet of the alley. Miklo said the southern 80-feet of the alley that
remained as public land would be vacated if the request for vacation were approved and the property
owners on either side would have the opportunity to purchase the alley. The applicant would be able to
purchase the 10-foot by 80-foot strip on the west side that ran adjacent to his property and the two
property owners to the east would be able to purchase the 10-foot by 80-foot strip on the east side (517
S. Linn Street and the Harrison Street property.) Both property owners had indicated that they would like
to purchase the portion that was adjacent to their property.
The intention of the alley had been to serve as a rear vehicular access for the entire block but Staff felt it
had never been built due to the steep topography and ridge that ran along the rear of the property. Staff
did not believe the alley would ever be built and therefore did not serve a public function in terms of
providing access to the properties on either side of it. The alley had a sewer line down it and an easement
would be needed to keep public access to the line. Staff said given its isolated location they did not feel it
would be suitable for open space or any other public use and recommended approval of the vacation of
the 80-foot by 20-foot portion of the alley that had been requested by the applicant.
Chair asked if the area to the north that was used for parking, was a legal use. Miklo said there were City
ordinances with respect to parking in City alleys. He didn't believe it was legal but didn't know the exact
ordinance specifics.
Freerks asked if the idea was to eventually have vehicular access from the paved portion of the alley to
whatever would be developed on the lot at 512 Dubuque Street? Miklo said that was the applicant's
intent. Freerks asked with the current parking that was occurring there, was the alley wide enough to
allow vehicular access to the applicant's property. Miklo said he didn't know. Chait said his point had
been, legal or not now, the parking on the alley had nothing to do with the vacation and what ever use
might happen in the future had nothing to do with the vacation.
Koppes asked if any of the requested 80-feet of the proposed vacation was paved yet. Miklo said it was
not.
Chair asked if Staff knew why the applicant had requested the vacation. Miklo said he thought it was to
use it for density purposes. He was scheduled to visit the property with the applicant next week. The
property was in rough shape, it had been an area where concrete and other road debris had been
dumped a number of years ago. The applicant's intention was to try to clean it up. Because of slope
stability concerns, any work in the area would be regulated by the Sensitive Areas Ordinance.
Bovbjerg asked why the vacation dimensions had changed from 90 feet to 80 feet. Miklo said the
Commission might like to have the applicant to address that, but he thought the applicant felt it might be
wise to keep more of the public alley open to allow more maneuverability on the north side of it.
Behr said the vacation was a question of if the Commission wanted the property for public use to provide
access to private properties or for general use. The conveyance would come at a later time. It was not
officially vacated until there was a conveyance to be done.
Public discussion was opened.
Joe Holland, attorney for the applicant, said it was intended that the public alley would provide access to
the parking at the rear of the 512 Dubuque Street property when it was redeveloped. The reasons for
acquiring the alley was two fold. Historically the entire area had been built on fill area which was put in
Planning and Zoning Commission Minutes
September 16, 2003
Page 12
when the railroad had come to Iowa City many years ago. It was an effort to clean up the area. The
purpose was not to increase the lot size for density purposes but to make the onsite parking situation
more flexible. The applicant had shorted the 90-feet to 80-feet partly out of consideration of the
neighbors, it was better for the other users if the additional 10-feet remained open and in common use,
and it provided better more flexible access to the Clark property. The Clarks always tried to work with the
neighbors and be good citizens. They understood the need for access to their property and their
neighbor's need for access to their property, hopefully those issues would work themselves out to
everyone's mutual satisfaction.
Kavel Mostafavi, 219 E. Harrison Street, asked if the alley was used for access to the property at 512
Dubuque Street, what would happen to cars that used the alley for parking. They also had garages there
and had paved the alley to improve parking conditions for their tenants. Miklo said the applicant already
had access to the property. They would not be granting him anything he did not already have. It was a
public alley and there was already some question of whether parking on the alley was legal, it was a
matter of enforcement whether the City chose to enforce it or not.
Behr said the vacation to the south would not affect in any way whether or not they would be able to
continue parking in the alley or not. The northern portion of the alley would not be affected by the vacation
of the southern portion. Behr suggested Mostafowi might wish to take up the parking issue separately
with the City.
Chair said in his experience there were City ordinances that were enforced on a complaint basis. If
someone didn't make a stink about an issue, no one would know about it, or the next day someone could
make a complaint and a citation would be issued to discontinue the practice. The fact that they had been
parking in the alley for 10 years did not matter. The point was, whether the vacation did or did not occur,
someone could still complain.
Public discussion was closed.
Motion: Anciaux made a motion to approve VAC03-000~, the vacation of the alley located to the east of
512 S. Dubuque Street subject to retention of any necessary utility easements. Chait seconded the
motion.
The motion passed on a vote of 6-0.
SUBDIVISION ITEM:
SUB03-00034, discussion of an application submitted by K.G. Bird L.L.C. for a Final Plat of Oakmont
Estates, an 8.7-acre, 16-1ot residential subdivision located west of Foster Road.
Miklo said Staff had received a revised plat with notations regarding the tree protection plan and tree
replacement plan that are to Staff's satisfaction. Staff recommended approval of SUB03-00034, subject to
Staff approval of construction drawings and legal papers prior to Council consideration.
Public discussion was opened.
Douq Ruppert, attorney for K.G. Bird, said he was there to answer any questions.
Public discussion was closed.
Motion: Freerks made a motion to approve SUB03-00034 subject to Council approval of the pending
rezoning and preliminary plat and subject to staff approval of legal papers and construction drawings prior
to City Council consideration. Hansen seconded the motion.
The motion passed on a vote of 6-0.
OTHER:
Miklo said a copy of the Capital Improvements Plan was being mailed to the Commissioners. The number
of projects and expenses might appear to be overwhelming. He would highlight some pages about
Planning and Zoning Commission Minutes
September 18, 2003
Page 13
current projects for the next several years that he wanted the Commissioners to review to see if the
priority that was currently in the plan was adequate or if there was anything that they wanted to move
around. The last several pages were unfunded projects. They were projects that had been identified in
the District and Comprehensive Plans and other City documents. They had been identified as good
projects but currently the City did not have the money for them. Should any of them be given more
serious consideration than others? Miklo said he wanted to discuss this at the next informal meeting to
get their feedback.
Bovbjerg said she wished to thank Staff for the aerial view and overlays. Anciaux said they were very
easy to read.
CONSIDERATION OF 8/7/03 MEETING MINUTES:
Anciaux made a motion to approve the minutes as written and corrected. Koppes seconded the motion.
The motion passed on a vote of 6-0.
ADJOURNMENT:
Hansen made a motion to adjourn the meeting at 9:50 pm. Chair seconded the motion.
The motion passed on a vote of 6-0.
Jerry Hansen, Secretary
Minutes submitted by Candy Barnhill
MINUTES APPROVED
PUBLIC ARTADVISORY COMMITTEE
THURSDAY, SEPTEMBER4,2003-3:30PM
LOBBY CONFERENCE ROOM
Members Present: Chuck Felling, Rick Fosse, James Hemsley, Terry Trueblood,
Emily Walsh
Members Absent: Barbara Camillo
Staff Present: Karin Franklin, Marcia Klingaman
Others Present: Josh Schamberger, Marybeth Slonneger, Jerry Hanson,
Will Thomson
Call To Order
Felling called the meeting to order at 3:33 PM.
Public Discussion of any item not on the Agenda
There was none.
Consideration of the Minutes of the August 7, 2003 Meeting
It was noted the correct spelling is Dalayne, not Delay,n~he, Williamson. Also, ,,on the first,page, last
paragraph, the word 'she" should be deleted. On page 3, 4 paragraph, the word committees should be
possessive and not plural. Also, Committee Time/New Business on page 4, it was noted that Betsy Klein
would be working on the formation of a new Creekside neighborhood association and art project.
MOTION: Trueblood moved to accept the minutes as amended, Fosse seconded the motion. All
in favor, motion passed 5-0.
Presentation by Josh Schamberqer, Executive Director of the Convention and Visitors Bureau, on
Themed Street Art Proiect
Felling welcomed Schamberger to the meeting. Schamberger has been the director of the iowa City and
Coralville Convention and Visitors Bureau for the past two years and previously served as the Marketing
and Communication Director of the Cedar Rapids Bureau. In that position, they accomplished the
"Overalls All Over" art project..
Schamberger presented the committee with a handout detailing the "Overalls All Over" project. The
project began in November of 2000, and was an idea gained from Chicago's "Cows on Parade" art project
that was very unique and popular. They used the Grantwood painting, American Gothic, as the art form
for the Cedar Rapids project. This theme was chosen because it is one the most recognized artworks
and also one of the most spoofed. He cited examples of Kermit and Miss Piggy and also Bill and Hillary
having been used in versions of the artwork. Schamberger said the "Overalls All Over" project was first
sold to corporate sponsors who purchased the unpainted American Gothic couple, made of a special
fiberglass, and then commissioned artists to creatively "dress" the couple.
Schamberger originally tried to sell just the sculpture to sponsors but realized that they also needed an
idea of what the finished product could look like. He then had over 60 local artists submit drawings for
dressing the sculptures. The artists were paid $1000 for their designs if chosen by a sponsor and this
amount was incorporated into the cost of the basic sculpture. The sponsor negotiated directly with the
artist as to the price of their actual work on dressing the sculpture. Schamberger compiled the designs
into a book and marketed the design ideas along with the sculpture idea to potential sponsors. The
individual designs were sold to the first interested sponsor. Some sponsors chose to incorporate their
corporate mission, logo or theme into the dressing of the sculpture. An art review committee was formed
to ensure that none of the artwork would offend any viewers. The sculptures were sold to the sponsors for
$5000, the cost of the item. The sponsors had marketing rights to the sculpture for 5 months and it then
became owned by the City.
2
The completed sculptures had a plaque attached to the base with the name of the sponsor, corporate
logo if appropriate, and the title of the work. Cedar Rapids displayed the 42 sculptures downtown for four
months and the sculpture were then auctioned. Many of the sponsors chose to pre purchase the
sculpture they had commissioned, for an additional $5000, and not have it auctioned. The project drew
over 365,000 visitors to the city and they estimate over 2 million dollars in direct spending from the
visitors. Because of interest in the project, there was a great deal of national and international media
coverage and they estimated the city, sponsors and artists received about 3 million dollars worth of free
coverage and advertising. Also, because Chicago had done the "Cows On Parade" exhibit the previous
year, they asked each city that was doing a similar project to share one sculpture, for four months to be
displayed at the Chicago Lincoln Park Zoo. Because the Chicago Art Institute owns the Grant Wood
American Gothic painting, it made a nice tie-in with the project.
Schamberger stressed the need to keep the marketing perspective of the idea in mind verses the artistic
perspective of the project. Many artists have the perspective that because it is great art, thousands of
people will come to view the project. The reality is that clever marketing makes an idea like this a
success. He said you must first sell the marketing and then the art.
The committee had several questions for Schamberger. He suggested that an idea for Iowa City would be
to use Herky as a theme to be used in downtown Iowa City because of the history of the mascot and it is
a symbol associated with Iowa City and not just athletics. He said that by applying an automobile lacquer
process, the finished products were weatherproofed.
Klingaman asked how he advertised and found the artists used in the Cedar Rapids project.
Schamberger said they went to the Iowa Arts Council Membership and found all the artist databases that
were in the state.
Schamberger stressed to the committee that if they proceed with the project, to make sure the
manufacturer of the fiberglass mold would not resell the mold.
The committee members thanked Schamberger for coming and presenting information on the project. He
said the Convention and Visitors Bureau would definitely play a role in the project if the committee moves
forward with the project.
Presentation of Neiqhborhood Art Proposals
Franklin noted items sent out in the meeting packet including the neighborhood art procedures and review
criteria for the projects presented.
· Longfellow - Will Thomson, a neighborhood committee representative and artist, reviewed ideas the
neighborhood committee has decided upon for their neighborhood art. They want to place a series of
10 different signs to commemorate historic locations in the neighborhood. The signs would be
constructed of steel and/or hammered copper to be placed in the easement between the sidewalk
and the street. There are many sites the committee has suggested to commemorate and if the
proposal were approved, the Longfellow neighborhood art committee would then approach the
land/home owner and explain the program and see if they wish to participate. Some of the signs may
have a photograph etched onto the metal depending on the cost. They would all have a sculptural
effect; an artistic flavor and they would be flexible and replaceable if necessary.
The second piece(s) is sculpture to commemorate the neighborhood park area. The sculpture is
constructed of welded steel, left in its natural coloration, with a trio of birds that gives an aerodynamic
feel and a feeling of flight. Also included would be a large sculptural wind chime, constructed of the
same material, that would have a very deep resonance with a pleasing sound but one that would not
carry very far. The sculpture would be placed near the entrance of the tunnel and the wind chime on
the other end.
Another idea the committee had, but has been deemed to cost prohibitive, is a statue to
commemorate the Civil War campsite. They would like to have a casual statue of a soldier in uniform
seated on a rock but they realize this idea is too big and costly.
A public art project at Longfellow school is also an idea that they would like to complete. The project
is a sand, cast cement, type sculpture that could be carved and also include foundry glass. The idea
is to have the entire neighborhood participate in the project. The look of the project would be more
abstract but would last several years. This is a project that is relatively inexpensive and the
neighborhood could fund.
Franklin asked if they have any cost projections for the projects. Thomson said the signs would cost
about $750 each, this includes the sign, frame, and sculpture. The sculptures for the park would cost
approximately $700- $1000, it is cheaper to source out the pieces of the project and thus keep costs
down.
Franklin said that if 10 historical site signs are completed at $750 each, and two Longfellow trail
pieces are completed at $1000 each, the total amount for both projects would fall within the
parameters of the budget and allow a 10% cost over run cushion.
Fosse said they might want to be careful in the placement and height of the historical site markers
because of sight issues with driveways. Thomson said the majority of the sign is open, cut out design
and could possibly incorporate a see-through mesh.
Fosse excused himself from the meeting due to a schedule conflict.
Franklin asked how vandal proof the sculpture would be. Thomson said the sculpture he has
envisioned will not look like something one would want to play on and it would be constructed of steel
and thus very durable.
Klingaman asked if the chime would be moveable. Thomson responded that it would be moveable but
the sound would contribute to the area and enhance and not distract.
Franklin asked if Thomson would be the artist involved with the neighborhood projects. Thomson
said he would not do all of the fabrication but would be a kind of general artistic design contractor. He
would oversee the projects, doing the ongoing grunt type of work. He would be the artist to hammer
the brass sculptures and assemble and help place the site signs. He would also supervise and direct
the neighborhood concrete sculptures.
Franklin said the concrete sculpture sounds like it would be a project for the neighborhood to do
outside of the public art program. Thomson agreed. Franklin said the next step would be for the
public art committee to vote to recommend the defined neighborhood art projects to the city council.
Part of the project proposal recommendation is how the neighborhood would engage the artist for the
work. There is a provision for this selection in the art committee procedures. The neighborhood
committee can chose the artist ahead of time or goes out and make an artist call. In this situation, the
artist/designer has already been agreed upon and the production of the art would be done under his
supervision.
Thomson said this is the kind of civic project he likes to be involved with. The neighborhood art
project, meeting with ones neighbors and coming up with ideas for art, is very grass roots and
something he is glad to be a part of. He also said he appreciates that the City is doing something like
this in terms of funding public art. Thomson said has he has made a career of public art and it is
seldom that civic authorities take the initiative for art and put money behind the project.
Trueblood said a consideration might be the underground utilities and to be cognizant of where they
are in the area when placing the historical markers. Thomson said they have thought of this and the
metal signposts will be drilled and placed down past the frost line and concrete will secure the posts.
Franklin said the Longfellow project will be put on the October agenda and it will be voted on in order
to make a recommendation to the city council.
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· Goosetown - Marybeth Slonneger, a Goosetown resident and committee member gave an
overview of their committee meetings and what has been discussed. Slonnegar provided a
handout for committee members detailing the project proposal. Slonnegar said their
neighborhood has decided on the idea of placing graphic street signs on top of existing city street
signs as the neighborhood art project they want to pursue. The signs will be two-sided cast
metal, bas-relief sign with the name Goosetown, and the date 1856, in English on one side and
the Czech name, Husi Mesto, and the date on the reverse side. The casting would be done in
bronze by a local artisan. The font chosen would be highly polished for greater visibility; and the
background would be treated with a darker pigment for contrast. The signs would also be treated
with an industrial poly coating to preserve the sheen of the metal for 10-15 years. On the top of
each cast sign will be a two-dimensional metal silhouette of a goose, the symbol of the
neighborhood past and present. They are currently exploring options as to how to permanently
attach the Goosetown marker to the street signs. Slonneger has spoken with three different
artisans to obtain bids for the signs. Slonneger has obtained three bids from artisans for the
project. One of the artisans lives locally, in the Goosetown neighborhood, and has expressed his
interest in winning the bid. They have estimated they will need 20-25 signs. Slonneger stated
that based on the bids they have received, the costs would come within the range of the $10,000
to $15,000 allocated budget. If the final bid were to come in lower than expected, they would like
the remaining funds to be used in a neighborhood Alley Renaissance project.
Slonneger explained the Alley Renaissance project as one that would clean up and enhance the
beauty of the neighborhood alleys. She said the alleyways of Goosetown have long been vital to
neighborhood life, gathering places for neighbors and paths for walking and biking, but the alleys
have been falling into disrepair. The Goosetown neighborhood committee proposes to designate
one day in the spring of 2004 as a day for residents to dispose of accumulated items in the alleys.
They would like a City truck to be available to pick up these items or have the City set up
temporary drop off site for disposal of toxic household waste items. Slonneger said they would
also like to restore a small segment of alley, they propose the alley between the blocks of Church
and Fairchild, and Center and Reno Streets. This is the alley that leads to Reno Street Park.
This designated alley would be planted with traditional Iow-maintenance Goosetown perennials
donated by neighborhood gardeners. The cost of this project would be very minimal due to the
neighborhood residents donating plants from their gardens and providing the labor. They would
also look into the possibility of receiving donations from area stores and nurseries at the end of
the season. The Goosetown committee envisions the neighbors continuing to work together on
several related projects that would enhance this initial effort. These projects include an Alley
Renaissance Walk; an annual alleyway cleanup; an annual exchange and planting of perennials;
an alley birdhouse project; alley exercise walking routes.
Felling asked if they are tying these projects together or are they looking to the Public Art
Committee for the street sign project. Slonneger said they do not have bids for the alleyway
project but would like to allot some money to funding the project. Felling asked Klingaman if the
alleyway project might better fit under something like a PIN grant. Klingaman responded that
might be a better fit.
Franklin said the alleyway project could be more of a neighborhood and community building type
of project. The project does not really fall under the rubric of Public Art because the art
component of the project is not clear. The city participation in a project like this might be a
through a PIN grant or even through their neighborhood association.
Felling said the street sign project sounded very good. Franklin and the committee agreed.
Franklin said the street signs clearly fall under Public Art, a local artisan can craft them, they
benefit the whole community, and the signs have at least a ten or more year life expectancy.
Franklin said the next step is for Slonneger to have more discussion with the neighborhood
committee in determining exactly what the signs will look like and to also nail down the costs.
The Public Art committee will need a final drawing rendition of the sign, the projected budget, and
the artist who will perform the work along with his/her credentials. When the committee is ready,
they can contact Klingaman and the Public Art committee will formally consider the project and
recommend it to the city council. Slonneger asked what date would work best to present the
finalized proposal. Franklin said if the neighborhood is ready, the art committee meets the 1st
Thursday in October and it could then go to the October City Council meeting.
Consideration of a Recommendation to the City Council on the Wetherby Friends & Neighbors
Neighborhood Association neiqhborhood art Proposal
Jerry Hanson, from the Wetherby Friends and Neighbors Association, was present to formally
present the committee with their neighborhood art project proposal. The art committee had
previously discussed the project idea and details with Hanson at the August committee meeting.
Franklin asked the dimensions of the mosaic base of the clock. Hanson said they proposed the
base as 3 feet in diameter and the clock base is approximately 15 inches. This would leave
approximately 7-8 inches around the base of the clock that would be visible. Hanson added that
the base could be made any size.
Trueblood said he likes the look of the clock and it would be a nice addition to the park. However,
he has a concern if the clock itself fits within the criteria they have set up for public art. He
questioned if the council would view this as an expensive clock purchased from a catalog and it is
being called public art. He reiterated the fact that he likes the looks of the clock but other than the
base of the clock, there is not an artist involved with the project. The concept can be stretched
and one could say an artist designed the clock and there is also an art component with the
proposed mosaic base. But, with some council members already having a few concerns with the
public art project overall, they might not see the purchase of a clock as public art. Trueblood said
this may sound harsh, but this is something he is concerned about when looking at the project
from a council point of view.
Felling agreed with Trueblood and questioned if there might be a way an artist can be brought in
to work on the project. Hanson said he understands what the committee is saying but also
questions the definition of art. He said that he thinks art is something people like to look at and
cited an example of the sculpture "Ties That Bind", it was an ordered and mass produced piece.
Franklin said that it is a mass-produced piece, but it is also the first of a series that was produced.
The city required that they receive the first one and with sculptures like "Ties That Bind" and
"Jazz", a mold is made and the pieces that are made are numbered and their value is related to
the number in the series.
Hanson said their neighborhood committee would be willing do something more elaborate, but
they are afraid that if the base is larger it may become a place to sit and would encourage
vandalism. He said they were trying to choose something that everyone would like, be
comfortable with having in their neighborhood and that would also add beauty to the area.
Franklin said that no one has a problem with the idea of a clock or its placement in Wetherby
Park, but the question is if the funding for the clock comes out of public art money or someplace
else.
Felling suggested that the committee postpone voting on the project and allow Hanson to make
some revisions to the plan. Hanson asked what the committee would be looking for with a
revision. Felling responded that they would be looking for an artist or designers involvement not
in the clock itself, but in the design, ambience and siting surrounding the clock.
Trueblood said if there is not an urgency to put the project to a vote, he suggested it might be
good for the committee to have time to mull the whole project over.
Felling said the committee consensus is to table the item and discuss at the next meeting.
Hemsley had to leave the meeting due to a schedule conflict.
Hanson said he would take the project back to the neighborhood committee and see if they can
contact an artist and revamp the project.
Discussion of Iowa Sculptors' Showcase
Franklin asked if anyone had contacted an artist interested in placing a sculpture on the pad
downtown. The committee members responded that they not had any luck in finding an artist.
Franklin said she had spoken with Elise Kendrot, the new Gallery Director for Arts Iowa City, who
is also a sculptor. Franklin asked her why they are having such a challenge in finding a sculptor
for this project. Alise said that most sculptors don't usually keep an inventory and they also are
not using materials that are appropriate for outdoor sculpture. The materials needed for outdoor
sculptures, bronze, marble and stone, are generally more expensive, and the elaborateness of
the production to make a sculpture large enough for an outdoor public is also prohibitive. Alise
suggested the committee indicate to the artist that the honorarium can be given up front, thus
allowing the artist to use the money for materials. Franklin said this is an idea to be used as they
look for an artist/sculpture for the spring of 2004.
Committee Time/Other Business
Any items for committee time and other business were tabled until the next meeting because the
committee no longer had a quorum.
Adjournment
The meeting was adjourned at 5:46 PM.
Pcd~rninutes\pa&artO9-04-03 .doc