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HomeMy WebLinkAbout2004-01-06 Transcription#1 Page 1 ITEM 1. CALL TO ORDER. ROLL CALL. Lehman: First thing I would like to do, on behalf of the Council and a large majority of the voters of Iowa City, is welcome our two newest Council people. We're really looking forward to the next years with you folks, and as a reminder, our retreat for Thursday has been changed to 8:45, from 8:00, to accommodate Mr. O'Donnell (laughter). O'Donnell: That's not true (laughter). Lehman: Okay. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #2 Page 2 ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Horace Mann Elementary Lehman: If the young folks from Horace Mann would come forward please. Seems kind of appropriate that on the first meeting of the new year, we start out by doing one of the things that's probably the most fun, and probably really one of the most important things that we do as a Council. We recognize young folks as outstanding student citizens. It's something ! know the entire Council enjoys, and they all wish they were standing right here, getting to do what I get to do. But we're very, very proud of you folks. We're very happy to do this, and I know that there's parents out there, I can't help it but there's got to be grandparents out there, who are just as excited about this as you are, so what I would like you to do, if you would, read your name and then tell why you were nominated. Yapp: Andrew Wilkes is a sixth grader at Horace Mann Elementary in Mr. Kent's class. Andrew contributes to his community in many ways. Being medias assistant, Andrew helps pre-schoolers return and checkout books from the library. Another way Andrew helps out at school is by providing childcare to kids during their conferences. He is a junior staff at the before and after school program. With this, Andrew helps by serving snacks and drinks to kids, as well as being a role model. Andrew is also on safety patrol and in the extended learning program at school. He plays violin in the Eastside Orchestra. Andrew's hobbies are listening to music, playing football, and spending time with his friends and family. He also enjoys reading books by Gary Polson and William Sleeter. (applause) Lehman: Okay...Andrew. Wilkes: Asumi Shibata is a sixth grader in Horace Mann Elementary in Miss Mulligan's class. She is in EOP writing group, and also part of book club. Asumi is in the Eastside Orchestra, and has been playing cello for three years. She works very well with everyone, and reading and writing are her favorite subjects. Asumi is an enthusiastic reader who is constantly reading. Asumi, or at school, she is a media assistant who shuts down computers. She also loves hamsters and dogs, and is completely obsessed with Lord of the Rings and Pirates of the Caribbean (laughter). (applause) Shibata: Margaret Yapp is a fifth grader in Miss Taylor's class. Margaret thinks being a good citizen is not only being nice, but putting yourself in other's shoes and treating them how you would want to be treated. Margaret's classmates describe her as helpful, nice, caring, generous, and a good This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #2 Page 3 friend. Margaret is doing an EOP research project on the different zones of the ocean. She is concerned about how the pollution affects the animals in the ocean. Margaret plays soccer and softball. Margaret enjoys listening to all kinds of music and plays the flute. (applause) Lehman: I have a microphone which I better use. I have plagues for each one of you which read: For outstanding qualities of leadership within Horace Mann Elementary, as well as the community, and for sense of responsibility and helpfulness to others, we recognize these as outstanding student citizens. Your community is proud of you. Presented by the Iowa City City Council. Margaret, is your father somebody we know? (laughter) Is that...John Yapp, who is one of our fine City employees, so congratulations to you, John, too. Margaret, Andrew, Asumi (hands them plagues) (applause) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #4 Page 4 ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA) [UNTIL 8 PM] Lehman: This is the time reserved on the agenda for folks to address the Council on items that do not otherwise appear on the agenda. If you wish to address the Council, please sign in, give your name, address, and limit your comments to five minutes or less. Arpey: Hi, members of the City Council, my name is Chris Arpey, and I'm a resident of Iowa City on its southwest side. I'm asking to speak with you tonight in my role as President of the Iowa Soccer Club. This non-profit group has been in existence since 1997, and serves approximately 250 children from ages six to nineteen, as well as their families, mostly from the Iowa City, Coralville area. Our children participate in soccer year-round under the direction of a professional coaching staff, led by Jon Cook, who's also here tonight. We enjoy a collegial relationship with the recreational Kickers soccer organization, well known in this conmaunity, and the Iowa City Alliance Soccer Club ~vhich also plays soccer year-round, and has professional coaching. We are here to ask your consideration to grant a temporary variance in zoning for a vacant warehouse located at 2804 Industrial Park Road in southeast Iowa City, for future use as an indoor soccer practice facility. There are two buildings at this former site orR. M. Boggs Company ~vhich has recently relocated to North Liberty. The property is now owned and managed by Dean and Evelyn Oakes and Mid-Iowa Ventures Inc., and that company's CEO, Clint McChesney, who's intending to be here tonight, has signed the statement with me and is represented by Mike Hirsch. Clint took ill today and he is unable to be here with us tonight. One of the buildings at that site is currently in use as office and storage space, but the other building remains vacant and the company is interested in making improvements to the building such that it could be put to use primarily as an indoor soccer practice facility. The Iowa Soccer Club is very interested in leasing such space and I will now outline why this is so. There is currently no space in Johnson County available to children that has artificial turf and is readily available to them for use for soccer, and soccer is arguably the most widely played sport by children in this city. Our club competes for space to practice, on hardwood floors, with at least a dozen other deserving groups, on a regular basis throughout the winter season. The Scanlon Gym, elementary school gyms, and Cosgrove Institute, located 9 miles west of Iowa City in rural Cosgrove, are our current options. The nearest facility with indoor turf available to children is in Hiawatha. Although most people consider soccer to be an outdoor sport, the indoor game is becoming increasingly popular, and is important to skill development in children. Having a variety of recreational activities for children is desirable, we believe, in any community. Please allow me now to outline what we ~vould like to specifically ask of you, and our rationale that our request is not only feasible but also desirable. We would like to ask that you grant a temporary variance of zoning for the vacant building on Industrial Park Road from industrial to a category suitable to allow use for recreational purposes as we've previously outlined. We are asking for a period of 60 to 120 months to allow Mid-Iowa Ventures to recoup its investment on the improvements while allowing the children a place to practice for several seasons. We believe it is important for Council to know that Mid-Iowa Ventures has already engaged the involvement of This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #4 Page 5 Iowa City staff, such as the Police Department, Fire Department, and staff members of Planning and Zoning, in considering use of this building for this purpose. We believe there are several reasons why such a request might be reasonable in your eyes, and those of others in Iowa City. First, many families are excited to have access to such space, with artificial turf, much closer to town, with options for parents closer by, such as retailers and grocers in the Scott Blvd., and First Avenue areas, while their kids practice. Second, the City appears to have an interest in further developing its southeast side, and such activities in a currently vacant building will bring favorable attention to that portion of the city. Third, demand for indoor recreational space in cold weather is at a premium in our community, and the burden on schools and other public spaces will be lessened by having this facility in place. Fourth, there's five items total, fourth, no public money will be expended on such a project, and yet the community will have the opportunity to see how much interest there truly is in such a place on a long-term basis when located elsewhere in the community. And last, since the request is for a temporary variance, the long-term success of the industrial park and the tax base it provides will not be at risk. Thank you in advance for considering our request. We would be please to answer any questions you may have this evening or at a future time. Thank you. Lehman: Thank you, Chris. O'Donnell: Thank you. Karr: Motion to accept correspondence. O'Donnell: So moved. Vanderhoef: Second. Lehman: Motion and second to accept correspondence. All in favor? Opposed? Steve, would you get back to us on that. Atkins: I'll follow up on that for you. Lehman: Okay, thank you. Hayek: Good evening. My name is Matt Hayek. I am a member ofthe Board of Directors at the Englert Civic Theatre here in Iowa City, and on behalf of the Englert, I also want to welcome the new members to the City Council. The reason I'm here tonight, and I'm here with the Englert's architect, John Shaw, concerns three doors at the backside of the Englert along the alley way. The Englert and Mr. Shaw made a request a while back to the City for a code modification to make some changes around those three doors where they exit onto the alley, and we've got our reasons for it. We're not here tonight to get into them, but they concern fire safety, crime prevention, and the building's integrity itself. The request to make the code modification was denied by City staft; and the Englert is seeking a review of that. I spoke with the City Attorney's office and was informed that because of the issue, the appropriate route to take was to send a letter to you folks and ask that we be made part of the This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #4 Page 6 agenda item for an upcoming meeting, and that's simply all I'm asking, that Mr. Shaw and I are here for tonight. I sent a letter in last week. I'm not sure if it's part of your packets. I made sure Mayor Lehman got it a couple of days ago. Again, all we're asking is that this issue be made an item, an agenda item, at the next possible meeting, and at that point we could discuss the merits of our request. Dilkes: As I understand it, what Mr. Hayek is talking about is an agreement for temporary use of the public right-of-way which is within the authority of the Public Works Director to grant, and the public works director has decided that he doesn't approve of that use and so we told Mr. Hayek that he would have to come to you to talk about that. It's not a code amendment. Public use, or use of the public right-of-way. Hayek: And I'd be happy to answer any questions you have, but again, we're not trying to argue the merits of our request, or the City's response at this time. Vanderhoef: So it would be work meeting item? Lehman: Well it's an issue that we would probably want some information. Atkins: I have the letter from John and Matt, it came in Friday. It'll be in your packet this Thursday. Lehman: So we can get the information in the next work....okay. Atkins: Yes. Dilkes: If you want to talk about it you just need to schedule a work session. Lehman: All right. O'Donnell: So should we put this on a work session? Lehman: Well I think we'll get the information from Steve, and then we can schedule it for a ~vork session. Atkins: I doa't have the details yet, other than I have Matt and John's letter, and I'm forwarding it to you. Lehman: Well we can get the letters and the details, and then we can do something. Atkins: Yes, I'll prepare that for you, Ernie. Lehman: Thank you. Hayek: Great, thank you very much. Lehman: Anyone else who would like to address the Council? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 7 ITEM 5. PLANNING AND ZONING MATTERS. a. REZONING APPROXIMATELY 119.94 ACRES FROM INTERIM DEVELOPMENT TO SINGLE-FAMILY, IDRS AND INTERIM DEVELOPMENT MULTI-FAMILY, IDRM, TO PLANNED DEVELOPMENT HOUSING OVERLAY - SINGLE FAMILY RESIDENTIAL, OPDH-5, SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED SOUTH OF PEPPERWOOD ADDITION AND EAST OF GILBERT STREET. (REZ03-00020) Lehman: This is a public hearing. Public hearing is open. Holland: Thank you, Mr. Mayor and Council members. My name is Joe Holland. I represent the applicant on this particular rezoning application. Each of you should have received from me by now a little brochure giving some explanation of what we see as one of the fundamental issues in this application. This is really the culmination of a long process that actually started in the year 2000, and here it is 2004 and it's finally coming before you. It's a real challenge some times to be in this position where you've heard from the City staff and heard from other sources to try and explain what the issues are and how they affect the project, how they affect the community, so I hope you'll indulge me if maybe I run over the five minutes you typically allow. I'll try and be as concise as I can. Perhaps if you do schedule tours, as I believe the Mayor suggested last night, you could let us or the public come along to see what this is about and also to hear ~vhat comments and presentations the staffmake in those sorts of venues. I kind of feel like we have the burden of proof hem, but we've got much less opportunity to make our case to the Council members. That being said, I think it's important to keep in mind all the positives that have come through this project over the last four years, and what has been accomplished. This all started with Southgate's desire to satisfy citizens' concerns about how this project could be developed. They hired Randall Arendt, and I don't know how many people on the Council are familiar with Randall Arendt. He's a nationally recognized expert in conservation subdivision design. The desire to preserve as much open space, in this case prairie, as possible, while still maximizing opportunities for housing in the area. The open space requirement in this particular plot you have in front of you, has been fully satisfied by the water ways and the storm water detention areas within the subdivision. The prairie you see as dedicated to the City is not necessary to satisfy any City requirements. Perhaps it overstates it, but in essence that's a gift to the City's Parks and Recreation department, as part of the development of this project in response to both what the neighbors would like to see in the community, and what the City would like to see. That's been in this proposal ever since the concept was developed. There have been a number of other changes, principally for two reasons. One is to satisfy City design concerns. There are all sorts of requirements, like paving width, turn radiuses, that Art wasn't aware of when he laid this out. It's also to satisfy input that Southgate's received from both citizens at community meetings, and also from your City staff, l've been on the other side, and some of you Council members remember when I was here opposing a Southgate project, but even then when I did that, I told the people that I was representing that I felt fortunate that This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 8 Southgate was the opponent because they're much more flexible, much more willing to compromise, and a long-term resident of the community, unlike some of the other people that come before this Council with projects. So I have somewhat of a unique perspective on this, not having been involved in it from the beginning, and having been in fact involved in opposition to similar projects. Southgate has worked out or agreed to every request that City staff has made, except one, and we'll come back to that a little bit. I've got here a stack of plats. Each one of these is a different plat. They're not repetitious (couldn't hear). These are the revisions that this project has gone through once the first preliminary plat was developed after the Randall Arendt concept. That's what has been done largely in response to City technical specifications and design concepts which the Planning staff asked to be incorporated. Things like street layouts, lot locations, trail connections, road improvements, many, many other details, yet that final product, and I've shown you in what I've sent, what the concept plan looked like in the finaI plat, it's remarkably similar to that original concept. You also have seen what a proposal would look like if this were all sixty foot lots with no prairie, and that's not what we're asking for. Instead you have, what I think is potentially great project, a true compromise in all the best senses of that word. Now that brings us that one lingering issue where we haven't been able to come to a compromise. That relates to what pejoratively in Planning services are called "snout houses", that's because garages extend beyond the front line of the door of the house. And what we're talking about in terms of Sandhill Estates which is the subdivision and the area for mzoning, we really don't know. Nobody knows. Not Southgate, no one else, what will be built in that area. That's something that the owners who build those houses, who want those houses, who are going to pay for those houses, they're going to live in those houses, will decide. The design of the houses like this with garages forward is a nation-wide phenomenon. Any of you who travel have probably seen these in other communities. Nothing unique to Iowa City, and there's a reason for that. Building those sorts of houses is very cost effective. The most expensive space you can build is one story on a foundation. Here there's living quarters up above that garage. Now it may seem simple to say just push that back or bring the other part forward, but you have to remember you have to get stairs up to the upstairs. There's rooms placed very carefully in these houses. The idea is to get the maximum square footage for the least cost per square foot. Now, what this is really all about is keeping choices open because ~vhat the staff is proposing is you restrict the choices that builders and homeowners have when they build houses in a subdivision, and it's largely based on a matter of aesthetics and appearance, and the ability to control what is built. We sat in staff meetings and we had disputes where they say it's not about aesthetics, it's about pedestrian-oriented neighborhood, it's about people feeling safer on the street, it's about being able to look in people's windows and see interesting human activity. I've heard all the justifications, but when you come down to it it's really a matter of do you like how it looks or do you not like how it looks, and who is going to make that decision. Actually in looking at these through repetitive nature of those garages, maybe something that appeals to some people. I thought about this, I spent several hours this summer waking on the streets of San Francisco where the street-scape is dominated by garages. Uphills, downhills, garages. Who says that a different design is more pedestrian-friendly. That's This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 9 one of those great unknowables, and unponderables that we can't prove or disprove. Lehman: Joe, I want you to hold that thought, and I'm going to give you a chance to get back up and finish. Is that okay? We do, I have been criticized frequently for people going over the five minutes, you certainly may have another five minutes. Can you hold that thought and come back? Holland: I'1I hold that thought, but I'd like to make a comment about that. Last night's staff presentation was about twenty-five minutes. They do the same thing in front of the Zoning Commission. They get a long block of time. We have the burden of proof here, it seems to me. We get little five minute increments. I'll hold my peace, but I think you need to look at that in terms of the fundamental fairness to people who are trying to make a presentation. Lehman: You're making a good point. I don't disagree with that. Holland: I feel disadvantaged coming in, and I feel more disadvantaged by not having the time it takes to try and explain someone's position on this. That being said, I understand the rules and I'll take my, 1'11 mark my place on my notes and come back to that. Lehman: Thank you, Joe. Anyone else wish to speak to this issue? Dawes: Hi, my name is Karen Dawes. I live at 1055 Briar Drive, which is in the Pepperwood neighborhood, which is adjacent to this proposed new development. I'm also the President of the Board of Directors for the Concerned Citizens for Sand Prairie Preservation, which is a group that's dedicated considerable time and effort towards the preservation of the rare sand prairie that's located on the property to be developed. I'd like to express my appreciation to all the many people who have devoted several years of their time and skills from the neighborhood, from the community at large, City employees and from Southgate Development Corporation. Many people have spent a great deal of time working hard to see that this development is a very nice, new development, and a good place to live. I'd like to also thank the Council. Some of you have been on the Council that had the vision to direct how future development in Iowa City should proceed. I'm here tonight to appeal to you to uphold your vision, which includes both the comprehensive plan and south district plan. I think that you need to remember a lot of citizen input went into that, and is reflected in these plans, as well as current, professional City planning concepts. This neighborhood is very large, both in acreage and numbers of lots, and it will have an enormous impact on my neighborhood, on the south district, and upon all of Iowa City. It's going to be hem for very many years, and I think it's very important that it be well designed, that it's attractive, that it's affordable, that it meets a lot of the goals that are already in the comprehensive plan. I think there's obviously a lot of disagreement about housing design and whether or not that is very important. I think it is important. It has a lot to do with how a neighborhood looks, and whether people want to live there or not. I think people ought to be offered choices in the kind of house they live in. If you just tell them there's just one design and this is what you have to live in, I think that's kind of presumptuous, I This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 10 guess, to put it nicely. In any case, I think this is a conservation subdivision, it is a planned development, and when you talk about planned developments, it's very important that you put all the pieces that need to be there together. You can't leave something out. It doesn't work very well. All the pieces need to work together, so I would appeal to you to let that happen, and let the people who've really spent a lot of time thinking about this and studying that, and who have that kind of knowledge, guide and direct that this happen. Thank you. Lehman: Thank you. Quigley: Hi, my name is Jim Quigley and 1 live at 915 Pepper Drive so l'm also in the Pepperwood neighborhood, and my house will be facing the new neighborhood. I'm pretty excited about the development. I think it's going to be an asset to Iowa City, but I think part of making that an asset to Iowa City is to make the development consistent with the south district plan, and I'm just going to be very brief. One of the things the south district plan states is that as housing density increases and as lot sizes are reduced, attention will need to be paid to design issues such as garages and driveway locations to assure that the new neighborhoods are attractive and livable. I think we need to look at that. There may be some disagreements about you know exactly how to do it, but I think the City Council should take what the Planning and Zoning has already worked on and go from there. Thank you. Lehman: Thank you. Nelson: I'm Steven Nelson. I live at 1033 Sandusky Drive in the Pepperwood Addition. I belong to the same groups that my neighbors who just spoke belong to. Comments on the proposed rezoning subdivision, um, I think it's important to keep the south district plan in mind as we consider this development. Like they've stated, a lot of thought has gone into it. Joe Holland alluded to the fact that the 18 acres of sand prairie are a gift to the City. I always counter with the south district plan initially showed almost the whole sand prairie area as open space, so the allowance of houses on that prairie I think is a gift to Southgate, just to put it in a different perspective, how we all come from. Um, why is housing design standards important? Um, as housing sizes decrease and you get more and more houses, we're envisioning the worst-case scenario of the "snout houses". I call 'em, excuse, because of the reputation of the neighborhood, bullet nose shotgun houses. Excuse me for that inference, but that's what I want to prevent. As we get houses with garages in front, very little of living space facing the street, you end up with houses that no one is looking at the street. You do not notice your neighbors. It becomes a very closed neighborhood, and no one is aware of what's going on, and that is a type of housing we don't want to see in the south district. I think as we require housing, the garage set backs, to the front of the house, people will be looking out their kitchen window or dining room window or living room window, at the street. They will see their neighbors. They will see what's going on. It will be a much more friendly community. As garages predominate, the amount of driveway space in front of the house becomes important. The south district talks about a very pedestrian corrmaunity, very pedestrian neighborhood. With more and more driveway up front, you spend more and more of your time walking across driveways, which is not the This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 11 safest place to be walking when you're a pedestrian. You'd rather be walking along a front yard and not in the driveway. As driveways predominate, the amount of parking on the street gets decreased and in some cases, impossible. We are envisioning the preserved sand prairie there. We hope there's a lot of visitors. There will be needs for on-street parking. Not everyone can park in the driveway. So design standards, type of houses, become important. So I think to create a stable neighborhood, we need to consider the design things. Joe Holland mentioned this has been a long process, three years that started with the proposed student housing, their thing. Randall Arendt got involved. He made a conceptual plan, but what they don't tell you about, is the rest of Randall Arendt. He's a very strong proponent of design standards for neighborhoods. He presents examples of attractive houses that do not have protruding garages. He gives examples of house designs that meet his criteria, and talks very strongly against the snout nosed house. If he were here tonight, he would be speaking for design standards. They are giving you half the equation with his concept street layout, but they are not giving you his most ardent arguments for design standards, which he firmly advocates in all his articles. Lehman: You need to... Nelson: Finally, okay one last thing, an issue you're fighting here, refers to Portland, Oregon, where this very fight came up, and I don't know if you have a copy of this article from February 2001 Zoning News, and it's abstracted from a 1999 PIS report. I'm not sure what that is. At first it was a fight. Builders generally didn't like the idea about garages that dominate housing design, but neighborhood advocates did. The Planning Commission recommended a proposal to the City Council but debate continued. Some Portland, Oregon, City Council members worried about the intrusion of government into matters of taste. Eventually, however, they lined up unanimously behind a proposed ordinance to ban what became known as "snout houses". I challenge you to be as progressive in planning the future of Iowa City that when we build lots below standard city lot sizes, and seventy, eighty percent of these lots do not meet City standards, that we have some other standards in place to maintain the integrity of the neighborhood, and a place where people would feel welcome to live for a long time. Thank you. Lehman: Thank you. Lathrop: My name is Louana Lathrop. I'm a real estate broker here in lowa City. I've been in the business since 1984. I have worked on a variety of subdivisions for many entities, and three of them were where I represented Southgate and several of their business partners. In these subdivisions we have built several different styles of home, where the public had a choice of the style they wanted from the plans submitted by the developer. Typically these plans that they got to select were from six to eight different designs, not one. The buyer then would buy a project as a total project. It would be the house on whichever lot that they selected. In the Walden subdivision that was on the west side of Iowa City, in the phases that I was involved in, we sold 78 homes in four and a half years. Ali parties involved in this subdivision loved their homes, and they were so excited about living in a subdivision and what they represented. They felt they were This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 12 great homes for growing families, in a great place to experience the American dream. I have several photos of these plans if you would like to look at them. Notice that these homes usually did not have side windows, and the garages were set out in front of the houses. I refuse to use the word that people use here tonight. I think we live in America, and I can't believe that people are arguing over names of houses. These are homes that people have loved. These are homes that people saved a ton of money to buy, and they love these homes. They love this neighborhood that they live in, and they have neighborhood parties. You'll notice that those houses, as I said before, do not have windows on the side, and you know that the buyer likes that? Because they remember growing up in a house where the neighbor could see into the kitchen window, or into the bedroom window. They like the fact that on the side of the house, no one's sitting there staring in at them. They also loved these homes because the majority of the area that the family used was in the backyard. The backyard where the kids play. The backyard where the screen porch was. The backyard where they could have their family barbeques. They get together as groups. They know their neighbors through the backyard and through the kids, and everybody else playing together. There are memories made here. There are American dreams made here. Nobody cares about their garage. Nobody cares that the garage sticks out six feet farther than the neighbors next to them. They are creating a family experience in these neighborhoods. Another interesting fact about this neighborhood is that when homes come up for resale there, they sell quickly. Very quickly. There are buyers waiting to move into these homes. They can't wait to achieve the American dream that everyone else has, and they don't care what the garage looks like or how far it sticks out. In fact, some of them have double offers on them when they come up for sale. I would find, ifl went through several neighborhoods, and ask them would you describe your house as attractive and livable, there wouldn't be one that would say "no, I live in an ugly home; I can't believe I bought here." In fact the Mayor's son bought in one ofthe neighborhoods of Southgate's, and he loved his home. He came to the closing and said thank you. I'm appreciative of this. And he didn't care that he only had six plans to pick from. I know that people take their homes personally, and I know that people take their neighborhoods personally, but you have to remember that these homes that are created that you are now calling a name, have people living in them also, and they love where they live, and they have spent good money to live there. Thank you. Lehman: Thank you. Moore: Hi, my name is Dave Moore. 1 live at 425 Davenport Street. You'll have to pardon my appearance. I've got this epoxy all over my hands. I can't get that off. Anyway, I think the last time I was up here was when the student housing apartments were being proposed for part of this land that is up for rezoning now, and I want to say once again that this new proposal is part of kind of a south corridor into town. It's in an area that's unique to Iowa City environmentally and historically. I hope that all of you can take the time in the next few weeks to read pages 2 and 3 of the south district plan, which focuses on the history of the area. The area along Sand Road, as most of you know I'm sure, is about the only place left a person can drive to in about five minutes, and feel like they're in rural Iowa. And it's an area that's full of recreational potential. On the surface it sort This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 13 of seems like we've arrived at a place of two choices. You either go along with Planning and Zoning's concepts for the garages, or you go along with Southgate's. Southgate's, I prefer Planning and Zoning's concept based on this paragraph from page 7 of your south district plan, which says that as housing density increases and lot sizes are reduced, attention will need to be paid to design issues, such as garage and driveway locations to assure the new neighborhoods are attractive and livable. However, I believe that there is a better, third option, and that is to deny the rezoning based on this paragraph from page 8, and the paragraph reads: a conservation, and this is under the section of parks and open spaces and it's the same area that Steve referred to actually, conservation area that provides protection for a threatened species of turtle, perched wetlands on a sandy knoll, archeological and prairie relicts should be considered on the McCollister property. Much of the land that is referred to at this time, in this paragraph, is now part of Southgate's proposal. This stuff that they refer to as McCollister land is now Southgate land, I believe, and I hope that you all can take time in the next week or two and look at the future land use scenario page, it's the one with the colored Xerox, and you'll see that there's this one area called other open space, it's dark green, it's right here. It's about twice the size of Wetherby Park and it's about double the size of the sand prairie, and to me when you're looking at such a special and unique part of our community, that's a big, big difference, and one that I think you should bear in mind if you consider a third option of just turning down the rezoning. And there's one other situation I hope you can consider and that's the south district plan has many references to the desirability one day of acquiring the quarry ponds for public space. Like most people ! thought this possibility was ten or twenty years out. Some people I've talked with on the Planning and Zoning Commission thought the same thing. A month or so ago I stopped at the quarries and spoke with the general manager. He said that that quarry will be, both quarries will be, mined out this spring and on the market in about two years, and the question arises in my mind, would we have amved at this point if that knowledge had been part of the dialogue about this overall area. I know that Dee Vanderhoef has been interested in how Ames has made their quarries into assets for the community, and so I wonder when it comes time for the City to look at exciting possibilities for those quarries, are they really going to want such a large and dense housing development right across the street, and when I talk about that I'm talking about pretty much right along Sand Road there. That's the area that I'm concerned about. So, I think bearing in mind the special qualities this area, I think that even at this late date it might be time just to step back just a bit, and I hope that in the coming ~veeks as you discuss this issue, and I'm assuming you're probably going to drive around the area a little bit. I hope that you can imagine other possibilities and that you revisit the south district plans, ideas about parks and open spaces, and that you consider turning it down in favor of some less dense use of the land, particularly the land along Sand Road there, between Sand Road and the ridge. Thanks. Lehman: Thank you. Shrader: Hello. Sorry ! don't have a sticker either. I'm Robyn Shrader. I'm actually from the Weeber Harlocke neighborhood. ! don't live in the south district but I'm here tonight to speak in favor of neighborhoods, and the principles of neighborhoods This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 14 sustainability that are articulated in the Iowa City comprehensive plan. I'm sure you're quite familiar with the concepts outlined in the section of the plan entitled "The Community of Neighborhoods", it's about pages 19 to 25 or so, and they specifically address issues like the one before you tonight. I applaud all the parties involved for so many compromises over the last couple of years, that have led to a much better solution to the inevitable growth that needs to happen in the south district. I'm not moved by the argument that the developer has had to work hard to do so because that's the business that they're in, but I'm here to advocate for the comprehensive plan, and its principles, because citizens throughout Iowa City are depending on judicious implementation of that plan as part of a credible public process. This city has demonstrated a commitment to strong citizen input in developing the comprehensive plan and its components, and it's time to stand behind the expectations and the outcomes articulated within its pages. If you ignore the very specific guidelines in the plan about the treatment of garages, and their impact on sustainable and pedestrian friendly neighborhoods with this development, you'll be asked to do it over and over and over again, and a community of neighborhoods becomes moot. If people didn't care about their garages, it wouldn't be articulated in the plan they way that it is which was result of considerable public input. If you bow to the desires of a developer over the principles adopted by the City and its citizens through a strong public process, you send a message that participating in that process is a waste of time, and you'll send a message that the vision for Iowa City encompassed in this comprehensive plan is just a brochure and it's not a living intent that citizens in this community can rely upon as our community grows. So I urge you to stand behind the plan, stand behind the principles in the plan, and uphold the recommendation of the Planning and Zoning Commission. Thanks. Lehman: Thank you. Holland: Thank you, Mr. Mayor. I'm kind of at a loss. I don't know whether to pick up where I left off or jump ahead and address some of the comments that other people have expressed. But I think I'll pick up where I left off which was talking about the fundamental justification for this idea that you should prohibit this type of design because I think it does play into issues relating to the south district plan, the comprehensive plan. As I said earlier, I've heard a variety of justifications for why you don't want houses of this desire. Excuse me, why you don't desire houses of this design. Everybody says it's not a pedestrian friendly neighborhood but I've never seen or heard any real explanation of why it's not as pedestrian friendly, except that people like to look in other people's windows when they walk past houses, that they don't like to look at garage doors. But there's an inverse to that. There's the people who live in those houses. As Miss Lathrop said, people like privacy. Those garages in the front of the house provide privacy, and you're making a judgment when you impose these sorts of restrictions that the value of people being able to walk by and look in those windows is of more value than the privacy of the people in those houses. This is a very value loaded set of judgments dealing with restrictions on design, and it's not something to be undertaken lightly in terms of imposing those restrictions. Both the south district plan and the comprehensive plan are documents that paint with a broad brush, and I'll guarantee you just as Mr. Moore did, I can go through the south district plan and pick out design elements that have been This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 15 incorporated into this subdivision. There's something for everybody in both those documents, and you have to look at it as a whole, not take little snippets out about garage design. Little snippets about recreation area, but think about what the neighborhood as a whole is going to develop into. That's part of the mason 1 included those photographs about what a maturing neighborhood might look like. One of the concepts is to look with a sense of vision five, ten, twenty years down the road, you can drive through neighborhoods where there's not a tree larger than I could put my hand around, and yes, they look sterile. They don't look inviting. Every neighborhood looked that way at one time. I lived out on Rundle Street in southeast Iowa City for a number of years in what now you would call a snout house because the garage stuck out in front of the house. A number of houses in that neighborhood were built that way. Today those are viewed as architectural gems. In fact, part of the Moffitt houses in that area are in an historic district. The judgments we make today can be short-sided if we don't look at that bigger, broader picture. Perhaps the best way to allow decisions to be made about what is to be built there (tape ends) ...this house, cookie-cutter on lot after lot after lot. What we're saying is let people choose what's going to be built. There probably will be diversity in housing in these neighborhoods simply because of those choices that people make. The comments about Randall Arendt trouble me some because he did write a letter to the City planning staff in support of the design of this project. He does favor a variety of housing in subdivisions. You can read his entire book, not a few pictures that can be held up in front of you. He has garage design where the garages protrude out in front of the house. He has garage designs where the garages are in back of the house. His concept is a mixed-design subdivision. He doesn't necessarily favor one type of construction over another. I do want to make a couple comments about compliance with the south district plan. This does maximize open space. When you add all this up, I think there's about twenty eight acres total of open space in this proposed design, between what's in the storm water detention basins which kind of ring this subdivision, plus those eighteen acres of prairie, that's something on the order of five, seven times what is required by your City ordinance. I realize to some people, some is never enough, but this goes well beyond those minimums which the City itself has set as a design standard. So when you look at those comprehensive plans and the south district plans, you can look at the open space ordinance and say here's something that came out of the open space ordinance. If you'll look at that conditional zoning agreement, there are essentially four components to it that staff suggest that Southgate agree to. One is in the design of the townhouses. When you talk about these, when you quote out of the south district plan about attention being paid to garages and building facades, those townhouses are a classic example of where that's happened. No you can't make everything, every lot, every building, every street in this subdivision conform to an ideal, but you can in parts of it here and there, and as a whole, incorporate the best out o£the south district plan. This project has been the product of many, many compromises over a long period of time. I guess all we're really asking for is to take that one provision out of the conditional zoning agreement, which is, I think, a compromise on the part of the City. I'll wind up in just a minute, but I have to say that what you do with this has implications well beyond this subdivision. You're going to see these design restrictions city-wide in a new proposed zoning ordinance. They're going to apply to every lot in the city, some of these, in terms of what can be on a building This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 16 front. And it doesn't matter, according to what I heard today, if that building front can be seen by the street. If you have a hundred foot driveway that goes over the hill, the street facing facade on that house still cannot have more than fifty percent of the front of the house, from the side of the house, be your garage. So the approach you take on this is going to send a message to a variety of people. It's going to send a message to your staffas to what you see as the vision for design. It's going to send a message to the building community in Iowa City as where you see design city-wide heading. It's going to send a message to developers like Southgate about the effects of compromising and somebody always wants a little more. Another restriction imposed. And where do you draw the line. So I think as you look at this, again back to this broad brush concept, you're not looking at one subdivision. You're not looking at the south district plan. You're not looking at the comprehensive plan. You're looking what in this particular setting is good for the city, and I don't think that the city is any way harmed. In fact I think it's benefited by freeing up those choices and knocking that paragraph out of the conditional zoning agreement, and that's all we're asking you to do, is take that one condition out of that zoning agreement. That done, we're ready to sign as soon as you would approve this. If you have any questions, I'll be happy to try and address those too. Lehman: I have one question. I shouldn't ask. Do you know what the set-backs are in that zone for these homes? Holland: They vary from lot to lot, typically they're twenty feet. Lehman: Twenty? Holland: Twenty, mid I'm glad you asked that question because you can always move a house back farther if you have the room, as some of these are deep lots. You can put the front line of the building, the front line of that garage, at that twenty foot set-back. Lehman: Okay. Thank you, Joe. Champion: I just want to clarify a question too because you know we keep talking in general terms. The garage requirement is only on the lot about what size? Holland: Lots of less than sixty feet. Champion: Lots of less than sixty feet. Holland: In this particular subdivision. Champion: So it's not just the whole development that has to be guided by this garage standard, isn't that correct? Holland: That's correct, although those lots make up a significant, very significant part of the development because they're, some of those lots are for townhouse units which will access offan alley in the back. The small minority, minority of the This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 17 lots are the actual sixty foot RS-5 lots, so these probably comprise the bulk of the effect. Champion: And you could still build over the garage if you put some kind of a porch, a six foot porch, to tie the garage in with the house. Isn't that correct? Holland: That's correct. Champion: Okay. Holland: Every time you do something like that, you add a building cost. You'd think a little porch wouldn't be a big-ticket item. Remember that porch has to have a roof over it. It has to have a structure... Champion: I just rebuilt my porch last year. I know exactly what's involved (laughter). Holland: So you know exactly what I'm talking about. A little porch could be a $10,000 project, and when you add that on to the cost of a new building, those homeowners that are looking for affordable housing, all of a sudden the price tag went up by $10,000. It's easy to say make a little design tweak here and there without realizing what it costs. I had the same experience. I did some remodeling and it's amazing how fast you can spend 2, 5, $10,000. When you make those incremental changes into housing, it's the consumer who pays those, and ifI can make one last comment. Southgate is not going to build on every lot in this subdivision. These lots are going to be sold on the open market. Southgate has a construction company who will build on some. There are other people who have expressed interest in as many as twenty lots, if this subdivision is approved. So, you're not just affecting one company by doing this. It's all the people, all the builders, all the homeowners, who are the ultimate purchasers in this area. Vanderhoef: I have a question. We keep hearing this word affordability, and that means a lot of different things to different people. Could you give me the range of the typical house? I... Holland: I think probably Miss Lathrop would be better able to do that. The development she is talking about in Walden Woods over on the west side of Iowa City, the staff has singled those out as representative of what they find unappealing about this and she was referring to those houses, and she could probably tell you better what the range of housing prices were. Affordability, like you say, is a relative market. There's the very bottom entry level, and as you get more middle class that goes up, but maybe she can answer your question. Lathrop: They were like $139,900, up to about $200,000. Vanderhoefi Okay. Even on the thirty, well you don't have thirty-foot lots there. Lathrop: No. Holland: Well there are thirty-foot lots. Those are going to be townhouses though. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 18 Lathrop: (can't hear - not at mic)...have garages in the back. Karr: Ernie, we're going to have to have people at the mic. Lehman: Yeah, yeah, if we're going to...do you have any other questions for her? Vanderhoef: I just wanted to let you know what I'm thinking about is just we're looking at some other things about affordability and so forth in the south area and within school districts, and so forth, so I was curious as to the range, particularly the lower range. Holland: If you'd like Miss Lathrop to address that I'm sure she can, and what's the difference between the low end and the high end of the range. Lathrop: I guess I don't understand. Lehman: We really need you to speak into the mic. Lathrop: I don't understand exactly what your question... Vanderhoef: You know, are we talking about some units selling for $80,000? Wilburn: I think, correct me if I'm wrong, Dee, but part of the argument that is being used to, in favor of your position, is that if this design standard is paid attention to and required, then the houses are going to be unaffordable. So, the question is, are these houses affordable? I think that's a... O'Donnell: No, not unaffordable, more expensive. Lathrop: Will the houses be more expensive if you change the garages? Yes. Vanderhoef: But I'm real specific in wanting to know what the pricing range is for the smallest unit, least expensive unit, and how many we might be looking at. Lehman: Is that, I mean, are you asking that relative to what the increase in cost would be by requiring the garage set-back? Champion: Or a porch. It could be either one. Vanderhoef: It's partly that, and it's partly the business of the lower priced housing in the south district. Siders: My name is Glenn Siders. I'm with Southgate Companies, the applicant for this proposal. Dee, to answer your question, we don't know. To be honest, every time we do another survey, or an analysis, or plat or something, the price keeps going up. We can't tell you. We can't give you the price range of a home because we don't know what our development costs for this particular project are. Our costs for this project are higher than normal, simply because of all the things that have happened with this particular piece of property, but what we This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 19 have tried to do to comply with the south district plan, is we still intend on building some of those smaller townhome lots. They're the same home that the City bought, I think they bought, I think they bought like four or five lots when we did them on the west side over there, for affordable housing purposes. I don't know what the price range of those are going to be. As you can see in the conditional zoning agreement, the City wants, has a desire to review those and I know they have a desire, the same as we do, to vary the looks so they aren't all just cookie-cutter looks and varied roof lines and all that sort of thing. In Walden, those particular units sold for about $115,000. That was, five years ago? Five years ago. These are going to be a little bit larger because one of the things we're thinking about doing is taking living quarters above the garage on these particular, and these lots are just a little bit wider than what's on the west side, to allow us a little more design variation. Vanderhoefi Okay, that's good for comparison. Siders: So I don't have an exact price. Vanderhoef: No, that's enough. That puts me in the ballpark. Siders: And ifI could address the question you had, Connie. Yeah, you can build your garage out if it's tied in with a porch, but one of the problem we have with the limitations the way this design standard is laid out, is you don't have an option. You stick it out six feet or nothing. You can't stick it out four feet. It's got to be six feet. There's no in between, and it can't be farther than six feet. That's just the way the ordinance is drafted. Lehman: Thank you, Glenn. Vanderhoef: Thank you. Franklin: I'm sorry, but I need to correct that. I think that is a misunderstanding. It is that it can be no more than six feet out, but you could have a four foot extension. That's the way it should be written. Siders: Well, once again we disagree (laughter). Franklin: I'm glad some things never change. Siders: I don't have that ordinance in front of me, but what I was, but it does say no more than six feet, but then it goes on the dimension requirements, you can have no dimension less than six feet. Franklin: For the porch. Siders: Which establishes, if you read that carefully, it establishes how you can have the depth. Franklin: I bet we could compromise on that. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 20 Siders: Okay. O'Donnell: We're not interfering here, are we? (laughter) Lehman: Okay. Klockau: Are we having fun yet? Good. Good evening folks, I'm Dave Klockau. I live at 1031 Briar. I've been before the Board before. I know we've got some new members here, and I know it's like walking in in the middle of a movie. There's some stuff that has been said at other meetings before. I want to bring up something that hasn't been said so far. There's been some very good points made on both sides. As far as architecture, it's personal. Like music, like fashion - I mean we can look back in the seventies, we can look at some of our past Council member's fashions, and go "what were they thinking"? (laughter) But I'm not going to criticize any type of architecture. That's a personal thing. The point I want to make here, and I'll be very brief on it, is that a lot of folks have worked very hard. A lot of different factions -- Southgate, folks from organized groups, folks from the general community -- to try and help this development be something special, and one of the things that I think is still real important to keep sight of is that this prairie area doesn't just become a captive green space. I certainly don't want to think that it was just something that was thrown out to appease everyone. I feel it's a community asset, and it should be viewable, and it should be accessible, and since we've covered a lot of other topics, I just want to make that point to Council, and everyone here. Thank you. Lehman: Thank you, Dave. O'Donnell: Ernie, are we going to continue this hearing? Champion: Yes. Lehman: We will continue the hearing. Is that....it is 8:00...is that your wish to move that we continue the hearing? O'Donnell: Well I...it was my understanding last night that we were going to continue this to the next meeting. Lehman: We are going to do that. Glenn? Siders: I just want to make a couple of closing comments. This has been a long haul. Champion: Did you expect it not to be? Siders: I didn't expect it to be this long (laughter). It's been a long haul. We need to move forward. I would ask the Council, obviously I'm going to ask the Council to look favorably upon our request, but time is of the essence. We have just met one set back after another, after another. I know to conform to City policy, it would be the desire to, I believe, continue this hearing so you can meet with Planning and Zoning Commission. I would ask that you try to set up that meeting as quickly as you possibly can. Believe it or not, the construction season This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 21 is around the corner even though it's below zero outside. We would like some spring construction. We still have the final platting process to go through. We have three readings in this process to go through. So I would ask that the Council move forward expeditiously so we can bring this thing to a resolve. Lehman: That's reasonable. Whenever we have a, the possibility or probability or whatever of the Council having a different opinion than Planning and Zoning Commission, by our old rules we are required to meet with the Planning and Zoning Commission. In this issue, having heard what we have heard tonight and what was discussed last night, and from visiting with Council people, it occurs to me that there may be some disagreement with Planning and Zoning Commission's recommendation to Council, and that it would be appropriate that we schedule a meeting with them. In which case ~ve cannot conclude the public hearing until after we schedule that meeting, and I would certainly be amenable to having that meeting prior, with Planning and Zoning, prior to our next regular meeting if possible. Perhaps even the same evening as the meeting, a half hour earlier or so. Karr: We certainly can look at that. I'm just reminding you that that happens to be a combined work session and formal meeting on Tuesday night. Lehman: Well, we will try to work out something where we can be as accommodating as we can. ls there a motion to continue the public hearing? I'm sorry. Berkowitz: Excuse me. I would like to speak. Lehman: Okay, Holly, make it quick. Berko~vitz: All right. Holly Berkowitz. 612 Granada Court. Again ! come to you reminding you of the value of... O'Donnell: I'm not hearing Holly. Berkowitz: I come to you to remind you of the value of the land, that is often undervalued, in our economy. That is the natural productivity value of the land, where as the cash flow is usually valued more, and the value of the life on the land. So I urge you to, and thank you for any consideration you may give to natural habitat. Lehman: Thank you, Holly. O'Donnell: Thank you. Elliott: You want a motion to continue this to the next? Lehman: Yes. Elliott: I would move that we do continue it. Lehman: Okay, moved by Elliott. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5a Page 22 Champion: Second. Lehman: Seconded by Champion to continue to the next meeting. All in favor? Opposed? Motion carries. Karr: Motion to accept correspondence? Vanderhoef: So moved. Lehman: We have a motion to accept correspondence. All in favor? Opposed? Motion carries. As Joe alluded to, there is going to be a possibility of Council folks going on a tour. I personally would not have any problem whatsoever if someone from Southgate were to accompany Council folks on that tour. I don't think that's an unreasonable request. Dilkes: Well if there's four of you on the tour, it'll be a public meeting. Lehman: It'll be a public meeting, you'll know when the tour is, if you wish to join the tour you certainly may. Okay? And that is being set up by, I believe, Karin is setting that up and the schedule will be published and everybody will know. So, that will occur. We will meet with Planning and Zoning, and then next we will try to continue the public hearing at the next meeting. Do we have a motion to defer...we need a motion to defer the first consideration as welI? Vanderhoef: So moved. O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell to defer first consideration. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5b Page 23 ITEM 5. PLANNING AND ZONING MATTERS. b. REZONING APPROXIMATELY 16.1 ACRES FROM RESIDENTIAL FACTORY BUILT HOUSING RESIDENTIAL (RFBH) TO PLANNED DEVELOPMENT HOUSING OVERLAY-12 (OPDH-12) AND AN OPDH PLAN FOR PROPERTY ON HEINZ ROAD. (REZ03-00024) (1) Public Hearing Lehman: Public hearing is open. S. Gordon: Good evening. I'm Steve Gordon. I work with AM Management who is the management company for the Saddlebrook development out on the southeast side of Iowa City. I'm here to answer any questions you may have. The, I believe, the staff reports does a good job in detailing our development idea for Heinz Road. When we started working on this plan with staff, we really had several goals in mind. First one was to diversify the housing along Heinz Road, trying to increase the kinds of affordable housing we have. One of the goals of Saddlebrook is to provide quality, affordable housing for lots of different people and their different needs, and so we felt this was a way to allow that to happen. We have really four basic housing types out there now, and this added several other ones that we didn't have before. And so we feel that this plan does that. We also wanted to improve the street-scape along Heinz Road. Heinz Road is a collector street, and one of the ideas, the original plan had lots of curb cuts and kind ora look, a lot of garages out front, and so what we're able to do is we're able to reduce the curb cuts significantly. We're able to reduce the garage-scape also significantly, and differentiate the architectural styles that you'll see as you go down Heinz Road, so we felt that was a big improvement. And then thirdly, we wanted to increase the open space. We were able to add quite a bit of green space to the area as, from the original plan, and also enhance our trail system that's out there. We have a large trail system within the development, and we were able to add to it with this new plan, and connect into that, which will connect into the city-wide system. We appreciate your consideration of this request tonight, and as I said, I'm here to answer any questions and would be happy to do so. Thank you. Lehman: Thank you. O'Donnell: Thank you. R. Gordon: Good evening. I'm Richard Gordon. I'm a resident of Iowa City. I live out at Saddlebrook community, and we moved in there, oh four years ago I believe it was. This is all new to me so excuse my nervousness. I'd like you to consider voting against the rezoning of this, reference to being a financial difficulty or a financial burden placed on the Saddlebrook Paddock residents. Our community is a relatively new community. We're in our sixth year, and when we moved into the Paddock community in Saddlebrook, we were told of Planning and Zoning was scheduled to do about 285 residential, single-family homes there at Saddlebrook, in the Paddock. At present we have 143 homes that have been This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5b Page 24 built, and there are currently seven empty lots, and this leaves approximately 135 homes still to be built or placed on lots. Saddlebrook has also added in some multi-family housing development there, like Triple Crown Condos. They have 168 units. The Main Gate Apartments were added with 72 units. There's 26 Belmont townhomes that have been added or are currently being constructed, in addition to this new rezoning request, which would add 78 units. When you add the 78 units, what you're doing is taking away 66 homes under the single-family residence. Each resident of the Paddock out there pay an association fee of $123 a month, or it's $102, it's all based on whether or not you have cablevision under their contract or under the cable company. Our association fee goes to pay for street lights, extended basic cable, insurance, trash removal, property tax, lawn and grounds, professional fees for taxes preparation, management fees and club house rental. Each of these different associations out there, Main Gate Apartments, the Triple Crown, the Belmont townhomes, the Main Gate Apartments and that Triple Crown condos all pay towards this association, their own association fee. $25 out of each one of those association fees goes towards the paying for the clubhouse and the expenses it, goes towards running that part of it. Currently, of the 143 residents of the Paddock, their association fees for last year was $204,000, a little over that, and out of that $204,000 that we paid towards this, each other association has also adds in the $25 to pay for that clubhouse. But I'm not here to talk about the clubhouse because it's kind ora joint thing between all the different associations out there. Over the last 42 months period, there, correction, over the first 42 month period of Saddlebrook Paddock, there were 118 homes sold and then something happened after those 42 months, and the homes at Saddlebrook are just not selling. There's been a kind of an uproar among the Paddock residents as to why not, and we're still looking into that and we just really can't put a finger on it, that per se. Saddlebrook, we had a meeting with Saddlebrook and they started to inform us that they're going to create this new rezoning and I'm losing thought here. Well, let me go on to the next thing I had here. We as members of Saddlebrook have recently been informed of Paddock's intent to rezone lots 4, 6, 7, and 8 of Saddlebrook Addition, Part Two. Last year the residents of Saddlebrook paid the $204,000 in community fees. $42,000 went to the clubhouse payments for upkeep, leaving $161,000 paid by the Paddock people for upkeep. If lots 4, 6, 7, and 8 of the Paddock is rezoned from RFBH to the RDH-12, it would cause quite a financial burden on the residents of the Paddock. Lehman: You need to wind this up if you can, please. R. Gordon: Yes. We would be losing approximately 66 family homes and the yearly basic expense that they would have been paid to the Paddock for upkeep. This is approximately 47% of the, of our possibilities of making or having the money to support our Paddock instead of taking the 68 homes away from us and losing that possibility of that income coming into our association for our upkeep. I would really like you to consider denying this request for rezoning based on that, and if you have any questions, I'll be glad to visit with you later. Thank you. O'Donnell: Thanks, Dick. Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5b Page 25 Klinzman: My name is Irene Klinzman. We live at 275 Paddock Circle out in Saddlebrook. We've Iived there, be three years coming this next April, and I think I can put my finger on why the homes are not selling out there, and that is that the amenities that were promised to us in order to entice us to move out there, have one by one been taken away, and therefore the residents no longer encourage their friends or advertise by way of mouth that it's a wonderful place to live. It is a wonderful place to live. We have wonderful neighbors. It's quiet. There's wildlife. You can actually see the stars every night which is a plus in a big city, and I would just like to mention the one thing that bothers me about this rezoning is the impact that it's going to have on the traffic pattern out there. Heinz Blvd., Heinz Road I'm sorry, is one way in and one way out for the Saddlebrook residents, and you know the number of residents out there already by what Mr. Gordon has said, both Mr. Gordons by the way. And, when the new road, the new bypass road, I don't know what the name of it is right now, I assume is anywhere from five to ten years down the road, which will connect Heinz Road to Highway 1 eventually, Dressage Street is another one that it's supposed to hook up with the new highway and in the meantime you're going to be adding anywhere from 75 to maybe 150 cars, depending on how many cars each unit has in their possession, and that's a lot of cars to add to a one way in and a one way out street. I encourage you to vote against the rezoning. Thank you for your time. Lehman: Thank you. Vanderhoef: Karin? Wasn't there a max limit of houses that can be built before there has to be secondary access? Franklin: Yeah, 460. We're not there yet. Vanderhoefi Okay. Lehman: Anyone else like to speak at the hearing? Hearing is closed. Do we have a motion for first consideration? Champion: I have a couple questions. Lehman: Okay. Dilkes: Let's get it on the floor. Lehman: We need a motion. (2) Consider an Ordinance (First Consideration) Wilbum: Move first consideration. Vanderhoefi Second. Lehman: We have a motion by Wilbum, seconded by Vanderhoef for first consideration. Now, discussion please. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5b Page 26 Champion: 1 have two questions. When we do this rezoning, we're not really changing the number of lots that can be built in that land, I mean the number of residences, are we, Karin? We are? Franklin: Yeah, there were originally in this section 66 single-family, detached manufactured units envisioned, and now we're talking about 78 units in a variety of housing types, duplex, apartment, and townhouse. Champion: So we're talking about twelve? Franklin: Twelve more units, yes. O'Donnell: Multi-family. Champion: Right. Franklin: Not necessarily multi-family. It may be in the townhouses or duplexes. Champion: The other question is, the gentleman who spoke about the fees for the clubhouse, when those were established for that neighborhood, were they established for the number of people that are living there or the number of possibilities? Franklin: I would have to refer that to Steve Gordon because we do not get involved in the associations or the fees. Champion: Steve, can you answer that for me? S. Gordon: Yes. The $25 fee was established a long time ago at the beginning of the development. It, to this date, has not yet covered the expenses of building the clubhouse, paying the mortgage on it, the upkeep, that sort of thing. Eventually when Saddlebrook is full, it will, but it does not yet. So it was established early. Champion: So it wasn't based on the expenses by the number of people living there. It was just based on a monthly fee? S. Gordon: Right, it's not the current expenses divided by the number of people there. It does not yet cover that. Champion: Okay, that's what I wanted to know. S. Gordon: It's a set fee and it eventually will. Champion: Okay. Lehman: That is a fee per unit? S. Gordon: Right, yeah. All units out there, it's kind of a master association and there's a lot of common space that all the different areas of Saddlebrook share, including the This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5b Page 27 clubhouse is part of it, and they all pay $25 into that to maintain that common area. Vanderhoefi So when we're talking about 64 houses or something that could have been built there, if it's multi-family and there's four in that unit, then there will be four payments of $25. S. Gordon: Yes, yeah, all the 78 will pay the $25 into the master association, and each individual association, what Dick was talking about, each individual association then has their own association fee for their common area, for their smaller common area. There are streets in amongst their houses and their street lights, and maintaining their area. So, for an example, of the $123, $25 of it goes in to the master association which is the common area that everybody shares, and the rest of it is the expenses related to their particular area, and the Main Gate Apartments and Triple Crown Condos and Belmont Townhomes all have their own individual associations for their individual area, and all of them participate in the $25 which is mainly the clubhouse area, which is a common area for everybody. Vanderhoef: Got it, thank you. S. Gordon: And the wetlands down below, and the trails down there. O'Donnell: How will... Lehman: I don't think...excuse me...go ahead, Mike. O'Donnell: How will this rezoning change affect traffic patterns? How is it going to affect the amount of cars? S. Gordon: It shouldn't affect it much other than there are twelve more units. We own the land. There is the conditional zoning agreement which limited the number of units until we had secondary access. Obviously secondary bypass will not occur from the bypass to the south. That is many years off as Mrs. Klinzman indicated. We own the land just immediately to the west and currently have site plans in to staff for review. There will be a connector street into the development from Lakeside Drive down through Whispering Meadows, and Whispering Prairie Drive, into which will give us secondary access out to Lakeside Drive which is really the only access, only way we can do it right now. Obviously once the parkway is built that will be more access but that'§ you know, not under our control and many years off. Lehman: Thank you. S. Gordon: Thanks. Lehman: Other discussion on Council? Make this quick because the public hearing is over. Go ahead. No, no, when we have a public hearing, the time to speak is during the hearing. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5b Page 28 Sheryl Gordon: Well, I was going to clarify something that I think maybe didn't come out the first time around. My name is Sheryl Gordon and I live out in Saddlebrook also. One of our concerns with the rezoning, is the fact that it is going to take away, and I didn't come prepared so I don't have the exact numbers, but 60-some home sites, single-family, and what this is going to do, the reason it's going to impact us is as the development was going to grow, which we hoped it would, there would be more homes, more people to pay into this pot, and out actual association fee is divided among the number of homes. If they take away 60 home sites, then there go 60 more houses or 60 more families that would contribute to keeping our association fee down. One of the things that we asked is do we have any guarantee that this is going, that this fee isn't going to keep rising, and our answer was, what we were told was that we would hope not because the more houses there are, the more people that there are, for this to be divided among. Well so now we're already going to be losing 60 more potential families out there that can contribute toward this pot that we have to pay monthly for the association fee, and so that is one of the main concerns, and I just wanted to clarify that. Lehman: I don't know that that is a legitimate issue for Council to consider when we talk about rezoning, and those are private associations with private fees. We're looking at land use issues. Would you like to clarify that? Dilkes: Well that would be my initial reaction to it is that... Lehman: We're talking density, rezoning... Dilkes: That we need to talk about whether it's appropriate density, appropriate land use, and not necessarily the fees. Lehman: Okay. Dilkes: There still seems to be a little confusion on the fees, but... Lehman: Right. Dilkes: Yeah. Lehman: Other discussion on Council? Are we ready to vote? Elliott: So we are voting on the appropriateness... Lehman: First consideration to rezone. Roll call. Motion carries 6 to 1, O'Donnell voting the negative. Elliott: Can I have just a clarification? Lehman: Yes? Elliott: That was, we were only voting on the appropriateness of the zoning, and not of the situation with the, whether there is a situation, with the fees? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5b Page 29 Dilkes: Correct. Lehman: That's not something that we have any... Elliot[: Right. Lehman: All right. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5c Page 30 ITEM 5. PLANNING AND ZONING MATTERS. c. REZONING APPROXIMATELY 26.98 ACRES FROM HIGHWAY COMMERCIAL, CH-l, TO SENSITIVE AREAS OVERLAY (SAO/CH-1) FOR PROPERTY LOCATED WEST OF MORMON TREK BOULEVARD AND SOUTH OF HIGHWAY 1. (REZ03-00027) Lehman: Public hearing is open. Public hearing is closed. Champion: Move first consideration. O'Donnell: Second. Lehman: Move by Champion, seconded by O'Donnell. Discussion? You know I suppose for the benefit of the public, this is the property that, right next to the Ford garage, south of the extension of Mormon Trek. Is that not correct? Okay. Discussion? Roll call. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #5d Page 31 ITEM 5. PLANNING AND ZONING MATTERS. d. CONSIDER AN ORDINANCE REZONING APPROXIMATELY 1/3 OF AN ACRE FROM PLANNED ItIGIt-DENSITY MULTI- FAMILY RESIDENTIAL (PRM) TO SENSITIVE AREAS OVERLAY PLANNED HIGH DENSITY MULTI-FAMILY RESIDENTIAL (OSA-PRM) FOR PROPERTY LOCATED AT 512 S. DUBUQUE STREET. (REZ03-00022) (SECOND CONSIDERATION) O'Donnell: Move second consideration. Vanderhoefi Second. Lehman: Move by O'Donnell, seconded by Vanderhoef. Discussion? Karr: Mr. Mayor, the applicant has requested expedited action if anyone is interested. Lehman: Okay, we have the motion and a second withdrawn? O'Donnell: I withdraw it. Vanderhoefi Withdraw. Lehman: Thank you. O'Donnell: May I move that the rule requiring that the ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed by suspended. That the second consideration and vote be waived, and that the ordinance be voted on for final passage at this time. Champion: Second. Lehman: We have a motion and a second for expedited consideration. Discussion? Champion: Is this somewhere that's already being built on? Lehman: Well I think it's an issue over which there's been little or no controversy. O'Donnell: No controversy. Lehman: Roll call. Motion carries. O'Donnell: I move that the ordinance finally be adopted at this time. Vanderhoef: Second. Lehman: Move by O'Donnell, seconded by Vanderhoef. Discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #6 Page 32 ITEM 6. AN AMENDMENT TO THE CY04 ANNUAL ACTION PLAN, THAT IS A PART OF IOWA CITY'S 2001-2006 CONSOLIDATED PLAN (CITY STEPS), AS AMENDED, TO ALLOW PRAIRIE GARDEN IHA LP TO USE FY04 CITY HOME FUNDS TO ACQUIRE 912-14 2ND AVENUE, IOWA CITY, IOWA. (1) Public Hearing Lehman: Public hearing is open. Wilburn: I will have conflict of interest with this item. It involves the City's Consolidated Plan, which involves Home and CDBG Funding. Lehman: Thank you. Does anyone wish to speak at the hearing? Hearing is closed. Do we have a motion? (2) Consider a Resolution Approving O'Donnell: Move the resolution. Vanderhoef: Second. Lehman: Moved by O'Donnell, seconded by Vanderhoef. Discussion? Elliott: I will say I'm not in favor of this at 2nd Avenue. I would like scattered sites and I look forward to our future discussion regarding what scattered sites means and what it will, and how it will be viewed. Champion: I'm not in favor because it's replacing units for large families, which we're in desperate need of for affordable housing for families. So I'm not going to support this. Bailey: I'm concerned about the loss of affordable housing units, Connie, but I like the partnering with successful living. Champion: I do too. Bailey: And I do consider this more scattered site because it is in a different area. Champion: I agree with you. Bailey: So I will be supporting it. Champion: I agree with the whole thing she said. Bailey: Then why don't you support it? (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #6 Page 33 O'Donnell: Do you disagree with everybody? (laughter) Lehman: We are going to have, I'm sure, an at-length discussion, a much-larger issue which is scattered sites, and I too will support this for, I think, the same reasons that Regina has. Is there other discussion? Vanderhoef: Well, I'm leaning with Connie in that on our City Steps plans for as long as I've been on Council, we have said we have this huge need for large family homes, and when we're trading off that for one bedroom apartments, even though it's supporting another good project, over the last few years we have done several things to support that group of citizens, and I would still like them to look a little bit longer for something for large families. So I'll not support this. O'Donnell: This was recommended by the Housing and Community Development Commission so I will support it. Lehman: Well, in the original application, this was money to acquire the land. This is for construction, which is a different use as well. O'Donnell: That's right. Lehman: Other discussion? Roll call. Motion fails on a 3 to 3 vote. I guess we should enumerate the three. Vanderhoef, oh, in the negative, Champion in the negative, Elliott in the negative. Okay. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #7 Page 34 ITEM 7. AUTHORIZING CONVEYANCE OF A THREE HUNDRED TWENTY THREE FOOT LONG PORTION OF THE TWENTY FOOT WIDE ALLEY LOCATED BETWEEN KIRKWOOD AVENUE AND DIANA STREET IN BLOCK 6, LUCAS ADDITION, TO ADJACENT PROPERTY OWNERS. Lehman: Public hearing is open. Public hearing is closed. Is there a motion? Champion: Moved. O'Donnell: Second. Lehman: Moved by Champion, seconded by O'Donnell. Discussion? Just for the public information, there is a price established by the City as to the reasonable value of the property in this case. The folks who have made the offer to buy the property have made offers that are in accordance with what the City has determined to be the value. Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #8 Page 35 ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES"; AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A, "GENERAL PROVISIONS," SECTION 14-3A-2, "DEFINITIONS," AND SECTION 14-3A-4, "RATES AND CHARGES FOR CITY UTILITIES: AND; AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES, ARTICLE G, STORM WATER COLLECTION, DISCHARGE AND RUNOFF," TO CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER UTILITY FEE. (SECOND CONSIDERTION) Vanderhoef: Move second consideration. Bailey: Second. Lehman: Moved by Vanderhoef, seconded by Bailey. Discussion? (tape ends) O'Donnell: I will not...1 guess that the last time, 1 understand fully this is a federal mandate. It's un-funded, but I do not agree with our method of collecting. What I've asked for is to put Iowa City on a level playing field ~vith the surrounding communities, and I think there's too many questions here unanswered right now so I will not be supporting this. Vanderhoef: Well I will support this this evening. I understand we've had some preliminary talks with some of the interested persons in the community and that these are going on. I will consider deferring on a third consideration but I would like this ready to go. I am going to support some sort of storm water utility so if we can do some changes in this over the next two to four weeks, that's great. If not, I'm going to have to go with what we have before us but I'm hoping that we can work something out with everyone. Wilburn: I'm going to agree with Dee on this one, and the only addition that I would make, while it's important to pay attention to being competitive, ! think also it's important that cities are going to have to come up with alternatives to the property tax to pay for this type of infrastructure, and so this is a step in that direction. O'Donnell: Well, and I do, Ross I don't disagree with you. I, this is a federal mandate but you know I've suggested we do it on a sliding scale and I think it would be more appropriate for our city at this time, especially with people collecting in the municipalities around us, to do a scale rather than... I know a fiat fee is inappropriate, but I think a sliding scale would be a more appropriate way to do this, but I disagree on that. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #8 Page 36 Wilburn: Uh-huh, and I too would be willing to, since we've got some more, there's been some more discussions, to be willing to defer on a third, but I'm willing to move forward on this one tonight. Lehman: And they all have that opportunity. Vanderhoef: And I think just for the public's information, right off the bat for the initial set-up of this according to the mandate and the permitting process, we're talking about a half million dollars, so this isn't just a little thing, and that doesn't build us anything at that point. We are just getting into position to start doing then ~vhat the plan says we must do, so there will be ongoing costs with this over the next, forever actually, as we build and change our landscape in our communities, so it's not going to go away, and somehow we need to find this appropriate and hopefully fair way to charge this back as a service and a free-standing service of an enterprise fund, just like we have a water fund, we have waste-water fund, we have refuse funds, and they become self-supporting. Elliott: I'll be voting against it. I think there are too many unanswered questions regarding pollutants, what constitutes pollutants, who is responsible for the pollutants, who should be exempt, who should not be, who is responsible, where should the money come from. The task must be done but I think this method of assessing the fees needs very badly to be reviewed, re-evaluated, reorganized, and done differently. Champion: Well I'm going to vote for it, but only because I'm hoping there's going to be some positive changes coming forth, and I know we have to have some kind of charge and we have to cover it somehow, but if it remains the way it is I probably won't vote for third consideration, so 1 will vote for second just so we keep moving. Lehman: Roll call. Motion passes 5 to 2, Elliott and O'Donnell voting in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #9 Page 37 ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE", CHAPTER 4, ENTITLED "LAND CONTROL AND DEVELOPMENT", ARTICLE C, ENTITLED "HISTORIC PRESERVATION REGULATIONS", TO ADD CERTAIN PROVISIONS TO SECTION 4, ENTITLED "RULES OF THE COMMISSION" AND CERTAIN PROVISIONS TO SECTION 7, ENTITLED "APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS", IN ORDER TO ALLOW FOR THE APPOINTMENT OF A HISTORIC REVIEW SUBCOMMITTEE TO REVIEW APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS (FIRST CONSIDERATION) Champion: Move first consideration. Elliott: Second. Lehman: Moved by Champion, seconded by Elliott. Discussion? Franklin: Could I just point out, you've got a couple things that were handed out to you tonight on the ordinance that the Section 2, I believe it is, was inadvertently left out that amends Section 7 of the code. Do you have that? Okay. Champion: What does that actually mean, Karin, besides...I haven't read it. Franklin: What it does is it sets up the process for the subcommittee taking submittals for certificates of appropriateness and then passing them on to the commission. So it's, the one section establishes the ability of the commission to form a subcommittee, and then the other section is the procedures for the subcommittee. In the bylaws, which is the next item and these are associated, which is why I bring it up now. There are some very minor changes that have been made in that. That's going to be referred to the Rules Committee anyway, and we'll discuss that at the Rules Committee. Some of these are suggestions, Dee, that you have made to Bob. Thank you. Lehman: Further discussions? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #10 Page 38 ITEM 10. CONSIDER A RESOLUTION AMENDING THE BY-LAWS OF TItE HISTORIC PRESERVATION COMMISSION. Karr: Could we have a motion to refer to the Rules Committee and defer consideration to the 1/20 meeting? Vanderhoef: So moved. O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell to defer. All in favor? Opposed? Motion cannes. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #11 Page 39 ITEM 11. CONSIDER A RESOLUTION APPROVING TItE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE IOWA'S SCULPTOR'S SItOWCASE. O'Donnell: So moved. Champion: Second. Lehman: Moved by O'Donnell, seconded by Champion. Discussion? Elliott: Is there a cost beyond $500 on this? Champion: It comes out of the Art Fund though, doesn't it? Lehman: Yeah, but...l don't know. Vanderhoefi On this one... Franklin: This honorarium comes out of the, its...I'll have to give you a number, its old number is 1214 Account, which is the Operations Account for Public Art, and the reason it comes out of that as opposed to the Capital Funds for Public Art is because this is an honorarium for a sculpture's work being in place for a year. We do not then own that piece. So, we didn't think it was appropriate because it's not capital, a capital project. Did you get that? Lehman: Yeah. Atkins: Bob's question was is it anything beyond the $500. Franklin: Oh no. I'm sorry. Atkins: Just for a little bit of history. We had to set up a small administrative account, postage, things of this nature, and I believe we set it up at like $2,500 so that we could charge various...that was the intent of the thing. Franklin: But that's the extent of our expenditure for it. Atkins: Yes. Lehman: Okay. Roll call. I think that only passed (laughter). This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #12 Page 40 ITEM 12. CONSIDER A RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT FROM TERRY L. STAMPER ItOLDINGS~ L.L.C. TO PENINSULA DEVELOPMENT L.L.C. AND APPROVING THE SECOND AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT. Wilburn: Move the resolution. Champion: Second. Lehman: Moved by Wilburn, seconded by Champion. Discussion? Elliott: I've had, I think that there are a number of people for whom this project has been welcomed, they're glad to see it. But I've had some concerns and from what I know of this, we're heading in the right direction. I like this. O'Donnell: It certainly appears like it's going to be more inclusive for the builders in the city, and I think that's what is needed. We have local realtors and I think it's definitely a step in the right direction. Bailey: It's more inclusive and I think it cannes out the spirit of the project which I think is just wonderful. Wilburn: Someone wants to address the Council. Knapp: Is there public discussion? Lehman: We're going to give you...go ahead. Knapp: Welcome, Bob. Nice to see you. Regenia. Lehman: You need to give your name first. Knapp: Urn, the agreement that you had with... Lehman: Jim, you need to give your name first. Knapp: Oh, I'm sorry. I'm Jim Knapp. Excuse me, 1 don't have a very good memory. I forgot my name. Um, the ofiginal agreement was with Stamper Corporation, and I realize that Mr. Stamper is gone but as I understand it from talking with one of the people in the City office, that nothings changed other than the fact that Mr. Stamper's moved out. Is that pretty much correct? Champion: No. Lehman: No, l don't think that is but go ahead. Knapp: I guess what l'm asking is, they didn't meet their agreement obviously. They talked about thirty applications, thirty residences, all this getting done, and it This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #12 Page 41 didn't get done, and now l'm wondering if it didn't get done, what's going to make it any better just because they change their name and dropped offMr. Stamper. Don't you think that maybe they should have opened this up and given opportunities to all the contractors in town to do this? O'Donnell: It's basically what's being done, Jim. Knapp: Through them, or through the City? I mean, ifI wanted to build a portion of the area, would I work through them or work through the City? O'Donnell: You would have to work through them. Knapp: l guess then that they're still in control of the situation, right? Champion: Every developer is in control. Vanderhoefi They own the land. Knapp: Well, they don't own all the land. They own incrementally at, don't they, I don't believe they own the whole peninsula yet. Vanderhoef: They own Phase I. Knapp: Pardon? Vanderhoef: They own Phase I. Knapp: They own Phase I. Dilkes: They will own it incrementally if they meet certain performance requirements. O'Donnell: It's a contract. Knapp: Well, you know, things change over time. Requirements change over time. I was just curious because I would like to see all the builders. I took out plans to build some low-cost housing out there from the Iowa City Housing Fellowship, and maybe I'm an old dinosaur or something, but I remember when I bought lots for $4,500 a piece and built houses, and now today those houses are worth $250,000, $300,000. The land has gone up to $45,000 or $50,000 but the wages that are paid are still around $8 to $10 an hour, but this is going to be under Davis-Bacon wages that when they build this section of low-cost housing. How does anybody believe that they can build low-cost housing under Davis-Bacon wages and get it aflbrdable? It's not going to work. It's not going to be affordable. If they're going to require to do it that way, it just doesn't work out. 1 don't know the answer but maybe the City can come up with some way you can get affordable housing built but you're not going to do it paying $30 an hour for everybody that's a skilled laborer on the job. You know, that's just impossibility with the land costs and everything else today. Take for example, ifI want to build a house I got to spend $50,000 for the lot right off the bat. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #12 Page 42 Dilkes: There's a provision in the agreement at paragraph K regarding affordable housing. Knapp: I'm sorry. I couldn't hear you. Dilkes: I'm referring to the Council. There's a provision at paragraph K regarding affordable housing. Knapp: They're requiring a performance bond. I suspect that this...the last twelve-plex l built over in Boone, Iowa, was somewhere around a million dollars, a million four, one million two hundred fifty thousand or something like that without the land costs so this'Il probably run in that same neighborhood, l just don't see where that's affordable. I mean it's affordable for some people. Lehman: Jim, this is not the issue. The issue as I understand it, and Eleanor correct me if I'm wrong, we had a contract with Mr. Stamper for the development of the Peninsula project. The ownership of this company, if you will, that Mr. Stamper contracted with the City, has apparently changed. All we are doing is changing the names on the contract with, it was formally with Mr. Stamper, having I think gone through it rather thoroughly. Knapp: But they didn't meet the requirements... Lehman: 1 don't think that....no, no. I'm not sure at all that they did not meet requirements. They did not meet expectations that we had and that they had, but I don't think in any way, shape or form they were in default on their contract. So they have a valid contract. We have now agreed to change the names on the contract. Is that a little too simple? Dilkes: We have agreed...what you will be doing by this resolution is consenting to the assignment to the new company that is a group of people, with the addition of two new members, and without Terry Stamper. We are doing an amendment to the agreement which, in my view, is...gives the City a better position in terms of having some performance requirements that we can look at and we have all agreed on so I think it's a very positive thing and we also understand that there's a change in approach that the new developers have to be more inclusive with the community builders and realtors. Lehman: We have perhaps more strict (can't hear) standards. Knapp: I don't argue with the fact that it might be better the way it is. What l'm saying is it is a new corporation regardless of how you look at it. It's a new group. It's a new, you know, whatever, so as 10ng as it's a new one, why weren't you dealing with other new ones too? Lehman: My guess is we had an existing contract that was in effect. Someone else choose to assume the position of Mr. Stamper, and that was a legal contract, and we are agreeing to the assignment to the new folks. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #12 Page 43 Knapp: But what I'm saying is there's a point in time. You know, it's like where was the man when he jumped off the bridge? There's a point of time when you have a contract, and then you have another contract, but in that interim time there was nobody, so why didn't you open it up to other developers? Lehman: There has not been an interim time. Dilkes: We have not been in a position to open it up to new developers. Lehman: Right, there hasn't been an interim time. O' Donnell: And I really think the only one up here that would remember a $4,500 lot in Iowa City is Ernie. (laughter) Knapp: Well I'll tell you what, those houses that I built, wiped me out because I sold them for $70,000 because interest rates were at 20% at the time. O'Donnell: Right, I remember those houses. Knapp: They're now worth....l wish I had defaulted. I wish I'd walked away from them. I wish I would have left them there and stayed in the one on Bolingreen that I had for $40,000 which is now worth about $240,000, but that... I'm just saying, you had a point in time. It's like another situation which I won't bring up. You had a point in time I think when you could have said let's open the place up. Let's try to promote it. Now the only other way you're going to promote it, and I hate to give ideas away because I know what happens. It comes back to bite me. Is work out an agreement with the City of Coralville and... Lehman: Jim, we are talking about an agreement that we have entered into, or are about to enter into, with these folks for the development of the Peninsula. It has nothing to do with $4,500 lots, entering into agreements with Coralville, or building twelve-plexes in Boone. Knapp: Do you want to make them sellable? Would you like to... Lehman: Now, folks, is there any other discussion on this? Knapp: Mr. Lehman, would you like to see it succeed? Lehman: Sir, that isn't the issue. Thank you. Knapp: Would you like to see it succeed out there? Lehman: If we didn't think we wanted it to succeed, we wouldn't be sitting here talking about it. Knapp: And would you like some advice? Lehman: No. Frankly not right now. Is there any other discussion on the part of the Council? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #12 Page 44 Elliott: I just repeat. This may not be all we would like it to be. I think it's a good solid step forward into an area that I think we agree is beneficial. Lehman: Yeah, I would agree. Knapp: Well, maybe I could talk to a couple people when you're offto the side... Lehman: Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #13a Page 45 ITEM 13a. CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF A RATE CASE PENDING BEFORE THE FCC RELATING TO MEDIACOM'S PROPOSED RATE INCREASE AND ITS CALCULATIONS RELATING TO ESTABLISHMENT OF A MAXIMUM PERMITTED RATE FOR BASIC CABLE SERVICE. Vanderhoef: Move the resolution. O'Donnell: Second. Lehman: We have a motion and a second. Dale, is there any, give us a thumbnail sketch of what we're voting on. Helling: Right. This...on an annual basis the cable company has the right to apply for a rate increase of their basic rate, and we have the right to regulate that as far as the FCC will allow. Annually these papers are filed by the cable company. We review them by the use of a consultant, and we determine whether or not their rate for that year is appropriate or not. You'll recall probably several times when we had some disagreement. All but one of those we were able to resolve it without going to the FCC. Again, the papers were filed by Mediacom in, I believe, June or July for the maximum permitted rate that would be in effect August 1st. We disagreed with that. There were a number of issues that ~vere negotiated between our consultant, Rice, Williams and Associates, and Mediacom, and this agreement is a result of that. Lehman: Okay. Discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #13b Page 46 ITEM 13b. CONSIDER A MOTION TO APPROVE A TENTATIVE AGREEMENT BETWEEN TIlE CITY OF IOWA CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 183, AFL-CIO. Champion: Move the resolution. Vanderhoef: Second. Lehman: Moved by Champion, seconded by Vanderhoef. Discussion? It's a three- year contract, is that correct, Dale? Right. I think we've had it in our packet. Is there a discussion? All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #16 Page 47 ITEM 16. CITY COUNCIL INFORMATIOIN. Lehman: Mr. Elliott? Elliott: I wasn't going to say anything about this but I think I should. One of the people who appeared before the Council tonight referred to the appearance of homes in a very pejorative nature several times, and I think from my perspective, you do not gain any friends by doing that. I hope it doesn't happen again. I don't like people calling other people's houses ugly. I don't think this is the place, I don't think any place is the place to do that. Secondly, very personally, if any of you see my wife on the street the next week, you night offer your condolences because Monday is our 46th wedding anniversary (laughter). Lehman: Congratulations! Vanderhoef: Happy anniversary. Lehman: Yes! Connie? Champion: 46 years! Good heavens! She's durable! (laughter) Elliott: She'll love to hear that! Champion: Well this was one of the most pleasurable City Council meetings we've had in a while, and I'd like to welcome the two new Council people. Elliott: Thank you. O'Donnell: Is that it? Um, I also would like to welcome Bob and Regenia. This has been an absolute pleasure. We've waited a long, long time so welcome. Lehman: Dee? Vanderhoefi Just one thing. Shortly before Christmas we had an invitation and I had an opportunity to go and be, shadow a student at West High School, though an organization that is sponsored with Gary Neuzil and some of the Social Studies and Government classes. It's very interesting to see those young people and how they participate and stay up on issues in the city and further out in government, and I applaud them for their work and their volunteer time to do these kinds of things and hope they'll do it again another time. I'd like to go again. Lehman: Okay. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #16 Page 48 Wilburn: I just want to...I've been asked again to teach a Junior Achievement course at Grant Wood Elementary, and it's a great program teaching people about their community, and the folks would like to, they always need folks to do this kind of thing. There's an office in Cedar Rapids and you'll have to hook up with the Junior Achievement office but it's a real fun thing to do. It was interesting to talk to third graders about planning and zoning (laughter). But they got it! Vanderhoefi You can talk on their level. Wilburn: I can talk on their level. Lehman: Regenia? Bailey: I just want to say I look forward to working with ail of you and thank the City staff for helping me get up to speed for this meeting. They've been very helpful and I look forward to this journey together. Lehman: A couple three...first I genuinely want to thank the Council for selecting me to serve again as Mayor. I consider that an absolute privilege and an honor and I look forward to working with all of you. This is interesting because we, I received a phone call from a local citizen who had left the community for a few days, and folks may or may not know the Police Department offers a service of checking homes, if you're out of town, and you call them, they'll make sure your house is locked. This particular individual left town. Police checked his front door. It was locked. They went down and checked his backdoor and I think it was locked. Walked up the steps, found the door off his patio was not locked. Went in, locked the door, left a card on the table, and this person called me and told me how happy he was with the thoroughness of the Iowa City Police Department. I said it would really be nice if you wrote a letter and compliment the Police Department for this service. Well, I think he would have except he doesn't want anybody to know he left the door unlocked (laughter). But anyway, you might relate that to the Police Department. Obviously they are very thorough and they do a great job, and it would be better, no it wouldn't be better, if you gave his name. It's probably more fun this way. One other thing, I have to in my last gasp, I have to say "go Hawks". What a tremendous, tremendous, showing the lqawkeyes had at the Outback Bowl and I think even those people who may not have been Iowa fans or Hawkeye fans before that game, have got to love that team, love that coach, and it's a tremendous thing for the State of Iowa and especially for this community. Go Hawks! Steve? Atkins: Nothing, sir. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004. #16 Page 49 Lehman: Eleanor? Marian? Do we have a motion to adjourn? Second? Ali in favor? Meeting is adjourned. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of January 6, 2004.