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HomeMy WebLinkAbout1998-10-06 Bd Comm minutesAnimal Control Advisory Board Minutes, September 24, 1998 Meeting Attending: Ursula Delworth, Shawn Lockhart, Diana Lundell, Nadia Vandergast Absent: Marty Shafer Staff: Misha Goodman-Herbst, Terry Koehn, Ramona Paulin Minutes of the July 23 meeting were approved as written, with one change: "Bequest being used for outdoor cat area is $15,000% not $12,500." 2. Ursula Delworth was appointed secretary by the Board. Old Business 1. Design of the outdoor cat area has been completed and plans were shown to the Board. 2. Goodman-Herbst reported that the City will handle appeals from hearings on vicious animals internally. 3. Luridell will organize a small group of relevant Coralville officials to discuss more possibly uniformity in provisions of the 28E agreement. 4. Goodman-Herbst will present a draft of requirements for rodeos and circuses in Iowa City during the October 19 Council work session. 5. The part-time kennel position has been filled at the Shelter (7:30-11:30 a.m., Tues.- Sat.). A full-time animal control officer position is being advertised, due to a resignation (Kelly). 6. Goodman-Herbst presented animal statistics for 1997 and Jan.-Sept., 1998. the board requested further break-downs in future reports, i.e., to include "other" in all categories, to include place of origin (Iowa City, Coralville, North Liberty, Johnson County) in all categories and for euthanasia, breakdown into "excess" vs. "sick, age, etc.". New Business 1. Goodman-Herbst announced that Minutes must now be submitted to Council within 72 hours (working days) of meeting. Staff will keep track of attendance. For an excused absence, board members must notify chair prior to meeting. Mobil adoption was discussed. Subcommittee of Goodman~Herbst, Vandergast, and Delworth will plan, pilot, and report back at next meeting. Goodman-Herbst reported that a plan is being developed for Animal Control officers to catch, and the Shelter to house, animals that are subject to legal bik~,onfinements. Paulin reported that she is being trained in euthanasia, and plans are underway to implement a program in Coralvi!le. Citizen Comments - There were no citizens present. Next Meeting Thursday, November 12, 1998 6:30 Coralville City Hall Agenda Old Business 1. Animal Statistics. 2. Review of 1998 report and goals for 1999. 3. Report on 28E meeting (Coralville) 4. Update on outdoor cat area. 5. Update on staff hiring. 6. Update on rodeo/circus requirements. 7. Report on mobile adoption plan. 8. Update on euthanasia (Coralville). 9. Update on bite confinements. New Business 1. Presentation of plan to microchip shelter animals. Submitted by Ursula Delworth, Secretary MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION AUGUST 24, 1998 CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: STAFF PRESENT: OTHERS PRESENT: Steve Hoch, Betty McKray, Steve Pusack, Cordell Jeppsen, Cathy Weingeist Shaffer, Hardy, Matthews, Helling, Brau Denis Martel, Rene Paine, Beth Fisher, Keri Stokstad, Mary Jo Langhorne, Miriam Bennett, Arlene Heck RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Paine reported that PATV is now moved in to their new facility at 623 S. Dubuque St. PATV plans to be able to provide full service in September. Martel referred to a map showing where the system has been rebuild and the small remaining section left to be rebuilt in downtown Iowa City. It is expected that the rebuild will be complete by the end of next week. Heck reported that the channel realignment will not take place until Coralville has been rebuilt which is expected sometime in November. Shaffer distributed a document outlining the pass-through fund enhancement allocations for this year recommended by the Community Television Group (CTG). Shaffer noted that the CTG again reached consensus on their recommendation. The CTG recommended allocating $1000 for outreach, $500 for page layout software for the Community Television Service, $2,490.32 to the Senior Center for equipment to enhance multi-camera shoots, $4,500 to the library for a camera and mics, and $5,909.68 to PATV for lights, curtains, and sound-proofing for a studio in their new facility. Hoch said he is opposed to giving any money to PATV as they do not make good use of the funds presently available to them. The BTC voted 4 to 1 to approve the CTG's recommendations. APPROVAL OF MINUTES It was moved by Pusack, seconded by Hoch to approve the July 27, 1998 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. PATV REPORT Paine reported that PATV is now moved in to their new facility at 623 S. Dubuque St. Paine thanked TCI for their assistance in moving PATV's origination point. PATV was off the system for only about ten seconds. PATV plans to be able to provide full service in September. An open house will be held in September. The PATV Board discussed language changes in the program contracts at their meeting last Thursday. Those changes will be forwarded to the BTC for their next meeting. LIBRARY REPORT Fisher reported that the library will start a new season of programming in association with the Johnson County Historical Society this September with a melodian concert from Plum Grove. The program is part of the library's local lore series. Ellen Buchanan's "One of a Kind" series is back in production as well. The library will also begin production with the second season of "Off the Shelf". ECC REPORT Langhorne reported the equipment purchased to upgrade the schools cablecasting ability from the Board room is working quite well. This euipment was purcahsed with pass-through money, as recommended by the CTG and BTC. The internal video distribution systems in the school system's two new elementary schools has been receiving interference. TCI technicians have been assisting the schools in correcting the problem. LEGAL REPORT Matthews said he has been working on the McLeod franchise which will be covered later in the meeting. TCI REPORT Martel referred to a map showing where the system has been rebuild and the small remaining section in downtown Iowa City. It is expected that the rebuild will be complete by the end of next week. Heck reported that the channel realignment will not take place until Coralaville has been rebuilt which is expected sometime in November. Promotional mailings will be sent to Iowa City subscribers shortly and a larger campaign promoting the new services and channels will be initiated after November. CABLE TV ADMINISTRATOR REPORT Shaffer reported the technical report on the rebuild from Rice, Williams Associates has been forwarded to TCI. The response from TCI will be forwarded to the BTC for their next meeting. Shaffer noted the draft goals and objectives of the Avatar Project in the packet. Shaffer reported he attended meetings dealing with the Center Space building and noted that if that project goes through that space for the City Cable TV Office and PATV may be available. The group promoting Center Space hopes to have a referendum in March 1999. Shaffer reported receiving a number of complaints about subscribers being unable to reach TCI by phone. It is anticipated that this problem will subside when the rebuild is complete. A number of complaints were also received about outages and/or subscribers not being notified of expected outages related to the rebuild. The remaining complaints were spread out over a number of areas and have been taken care of. Hardy reported that the Media Unit has been working on project videos as there have been fewer requests for coverage of meetings and events at the end of the summer. Keri Stokstad, the new Community Programmer, was introduced. An outreach campaign for the Community Television Service is being developed. Calls to Infovision are up 17% to 1931 calls over July of last year. The City information on Infovision is being redesigned so it can be accessed quicker. A new category in which callers can test their Iowa City history IQ based on the Irving Weber books (with permission) has been developed. A multimedia presentation dealing with sustainable agriculture developed in conjunction with the Johnson County Soil and Water Conservation Commission is another new category onInfovision. SENIOR CENTER REPORT Bennett said there was nothing new to report. ELECTION OF OFFICERS Hoch moved and Weingeist seconded a motion to re-elect Jeppsen chair and McKray vice-chair. The motion passed unanimously. SYSTEM REBUILD The rebuild was covered under the TCI report. PASS-THROUGH FUND ALl .OCATIONS Shaffer distributed a document outlining the pass-through fund enhancement allocations for this year recommended by the Community Television Group (CTG). Shaffer noted that the CTG again reached consensus on their recommendation. The CTG recommended allocating $1000 for outreach, $500 for page layout software for the Community Television Service, $2,490.32 to the Senior Center for equipment to enhance multi-camera shoots, $4,500 to the library for a camera and mics, and $5,909.68 to PATV for lights, curtains, and sound-proofing for a studio in their new facility. Hoch asked how much money is available to be allocated and the process in allocating those funds. Shaffer said the pass-through generates about $100,000 per year. An allocation plan was approved by the BTC in 1996. That plan allocated approximately $25,000 per year for a joint facility, an average of $17,500 per year to the CTG for enhancement of equipment and services of the access channels, and a salary and benifits package and small budget for the Community Television Service (CTS). The CTG recommendation for this year totals $14,400 due to a larger first-year allocation. Hoch asked if there were other requests which were not funded. Shaffer said two requests were withdrawn, one from the government channel for a field character generator for all access channels to use and one from the library for some public domain music. Hoch said he is opposed to giving any money to PATV as they do not make good use of the funds presently available to them. Hoch said he would prefer the money not be allocated to PATV. Instead it could be made available as grants to community members who wish to produce programs of a community programming nature. Setting up a grant- making system would address the needs of the community better than the programming on PATV. Aditionally, Hoch said PATV has failed to adequately plan for the costs involved in moving to a new facility. PATV should be able to better plan their finances both for equipment purchases and a facility. PATV is repeatedly coming to the City for various contingency requests. The last one was a large request related to purchasing a facility with the City Cable TV Office. There is no virtue in continuing to subsidize PATV, particularly given their interest in the kind of programming that doesn't serve the whole range of members in the community. McKray said she strongly disagrees with almost everything Hoch said. McKray said she has artended many of the PATV Board meetings over the years and was impressed with the job PATV did relating to their move. Discussions on the services provided should take place during contract discussions. The service PATV is providing is a service to the community. Hoch said that it needs to be decided how much of the public access function to fund and how much of the community programming function to provide. What PATV does they do well, but the community pays enough for that function. The CTG is not a body which is going to look at these questions. Hoch moved to approve requests 1-4 from the pass-through fund and table the fifth request (from PATV). The motion did not receive a second. McKray moved to approve the list of funding requests forwarded from the CTG. Weingeist seconded the motion. Pusack said the spirit of Hoch's motion was to discuss. further the request from PATV. Pusack said he needs more information on PATV's budget and what that budget is expected to fund. Pusack said that as a new Commissioner it is difficult for him to make a judgment about the programming on PATV and determine if Hoch's criticisms are valid. McKray said the studio is not usable in its current condition. Given the need for a studio for PATV producers McKray said she is reluctant to delay making a decision on funding PATV's request. Pusack asked PATV to respond to the assertion that better budgeting would have made $6,000 available for PATV's studio equipment. Paine said the equipment is not a part of their operational expenses. PATV did not know they would have to move out of the library until last November. At that point PATV began working with the City on locating a joint facility. PATV was discouraged by their bookkeeper from keeping a large contingency fund because, as a nonprofit, it could appear the funds were not being used to their fullest extent. It was decided to apply the money to serving the public. This has been, and will continue to be, an ongoing discussion by the PATV Board. PATV will have a strategic planning session in October focusing on funding. Moving is an exceptional case. Hoch said the Commission plays no role in the oversight of PATV's budget and there is no requirement that PATV use all of their budget for operational expenses. Given this situation there is no way for the Commission to control how PATV uses their funds. Shaffer said that is not ture, as PATV is simply a subcontractor of lthe City. However, that discussion might better take place at a different time. The motion to approve all the funding requests recommended by the CTG was approved 4-1 with Jeppsen, Weingeist, McKray, and Pusack voting yes and Hoch voting no. Jeppsen said PATV's budget will be put on the agenda for the next meeting. BTC ANNUAL REPORT Shaffer referred to the draft BTC annul report included in the meeting packet and said that the annual report is intended to keep the public informed of what the various City commissions have accomplished and what they plan to do in the future. Hoch moved and Pusack seconded a motion to approve the annual report. The motion passed unanimously. It was moved by Hoch, seconded by Pusack. Adjournment was at 6:42 P.M. The motion passed unanimously. Respectf submitted MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION THURSDAY, JULY 16, 1998 - 6:30 P.M. LOBBY CONFERENCE ROOM - CITY CIVIC CENTER SEP ? 7 MEMBERS PRESENT: Denita Gadson, Jayne Moraski, Kathleen Renquist, Gretchen Schmuch, Bill Stewart MEMBERS ABSENT: Dan Coleman, Sandy Kuhlmann, Rick House STAFF PRESENT: Steve Long, Maurice Head, Maggie Grosvenor, Lisa Handsaker, Pam Barnes OTHERS PRESENT: Brian Sharp, Ellen McCabe, Tom Suter, John Kenyon, David Sears GALL TO ORDER: Chairperson Schmuch called the meeting to order at 6:33 p.m. PUBLIC/MEMBER DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Schmuch suggested that the agenda be changed so the Commission could complete agenda items until they reached a quorum. MANUFACTURED HOUSING FIRE SAFETY PROGRAM EXPANSION PROPOSAL: Barnes said that they would like to continue to provide smoke alarms and replacement batteries for mobile homes, and would like to expand their distribution to include other housing types. She said they have distributed about half of the alarms. She said that staff felt they should let the Commission know of the expansion into other housing types since it expands their initial application. She said that she has spoken with Jean Mann and Gary Smith of Elderly Services Agency to help find houses that need the alarms and replacement batteries. Barnes passed out the Quick Reference Guide to Home Maintenance. She also noted that the computer program the Housing Rehab staff created is in the process of being developed to other communities, marketed, and the Rehab department and the City will receive sales revenue. IOWA CITY HOUSING AUTHORITY UPDATE: Grosvenor said they submitted two grant applications in June, and will be applying for grants for a Section 8 Family Self-Sufficiency Program Coordinator and a Section 8 Family Unification Program Coordinator later this month. She passed out the new Housing Authority staff list, and described the intensive training the new staff has gone through. She said that the occupancy levels are as follows: certificates - 96 percent, vouchers - 76 percent, and public housing - 95 percent. She also passed out two newsletters. Stewart asked for figures regarding subsidy in the Tenant to Ownership program for next month. Long passed out articles regarding Heartland Candleworks and letters regarding the venison processing, storage, and distribution issue. (Renquist arrived at 6:54 p.m.) Housing & Community Development Commission July 16, 1998 Page 2 CRISIS CFNTFR RFQUFST FOR CONTINGFNCY FUNDS (BUILDING RFHAB): McCabe outlined the Crisis Center's fundraising and grant efforts and passed out photos of the project in progress. Surer explained the Center's successful capital campaign - "More Than Just Bricks and Mortar". McCabe said that they received 2 bids for construction work on the project, and both were $50,000 over budget. She said the Center is requesting $25,000 of contingency funds, and are confident that they can either raise the extra money or obtain it through other grants. She noted that they have received donated services for the project. Head said that there is $85,000 in contingency, and $120,000 of program funds that are coming back and will be available for contingency at the end of the year. He said of the $85,000, $60,000 is in the HOME fund, which cannot be used for this request, and $20,000 is in CDBG, which can be used for this request. Stewart noted that Heartland Candleworks' CDBG grant money is also available to go into contingency. MOTION: Stewart moved to grant $25,000 from the contingency fund to the Crisis Center under "(a) - cost overruns of existing CDBG and HOME projects" in the Commission's contingency fund allocation process. Renquist seconded the motion. Schmuch asked if McCabe had heard anything back on the other grants. McCabe said she spoke with Proctor and Gamble, and they are recommending an award of $10,000 to the corporate office. She said General Mills has given $15,000 as "last year's gift" and said they would like to give another $15,000 this year. The motion carried by a vote of 5-0. Commission members discussed allocating the money returning from Heartland Candleworks or putting the money into the contingency fund. MOTION: Renquist moved to put the $67,000 returned from Heartland Candleworks' application withdrawal into the contingency fund. Moraski seconded the motion. The motion carried by a vote of 5-0. SALVATION ARMY REQUEST FOR CONTINGENCY FUNDS (FOOD BANK): Long noted that the request is for $8,550 of public service money in the contingency fund. Sears said the Salvation Army is not taking a position on the local deer culling, but would like to have the venison distributed to low income individuals. Handsaker said that the City has permission to cull from September 1 to the end of February, but will probably not start sharpshooting until January. She said the when the DNR approved the plan, they stipulated that the meat be distributed free of charge to low and moderate income households. She said the City Council would also like to see the meat distributed to low-income individuals since CDBG funds are targeted to help low-moderate income persons. Sears said the Salvation Army has an evening meal program and canned goods that they use as supplemental food. He said that the requested money would be used for the meat processing and storage. Sears said that the Salvation Army will hand out recipes with the meat, and may use vouchers for distribution. He said that they have seven freezers that are often empty after the Christmas season, which is when the meat could be stored. Schmuch asked why this would be considered an emergency now when the money will not be needed until January, and asked where else they had looked for funding. Sears said that this project did not fit in the Commission's regular funding cycle because the plan was not finalized until after the last funding cycle was complete, and cannot wait until the next funding cycle starts. He said that the Commission is the first funding source they have approached. Schmuch Housing & Community Development Commission July 16, 1998 Page 3 asked about the possibility of the Crisis Center contributing to the project. Long noted that McCabe had mentioned that the Crisis Center may be a matching source because they have funds set aside for the purchase of food. Stewart said he did not have a problem with the request because it gets food to people who need it. Renquist said that since the deer are going to be killed, she would like to see the meat serve a good purpose. She said that the Commission could defer the item until their September meeting. (Long left the meeting at 7:36 p.m. to call McCabe) Schmuch suggested leaving this item and completing other items while they waited from an answer about matching funds from McCabe. CONSIDERATION OF THE JUNE 15. 1998, MEETING MINUTES: MOTION: Stewart moved to approve the June 15, 1998, meeting minutes as submitted. Moraski seconded the motion. The motion carried by a vote of 5-0. NEW BUSINESS: There was none. OLD BUSINESS: HCDC Response to Council Regarding the Housing Market Analysis -- Renquist said that the analysis substantiates what people in the area already know. Head said the data is something for developers to take to the bank for project funding. Stewart said he was disappointed that it took out-of-state consultants to tell local people what they already knew, and said that someone from the area might have better used community resources and gotten more information. Head said sometimes it is useful to have an outside opinion. Schmuch said the Council basically wants to know what to do with the information in the analysis. Head suggested a response that discussed pursuing the identified needs and considering projects that target those needs in future funding. Schmuch asked to return to the Salvation Army contingency issue. She explained what an applicant would fill out and present during the normal CDBG funding cycle, and said they have presented very little information in comparison. She suggested that the Salvation Army fill out an "Emergency Application" or an abbreviated version of the regular application so Commission members would have more information to work with. (Long returned to the meeting at 7:41 p.m.) Long said he could not reach McCabe. Commission members decided to defer their decision on this item until the September meeting and ask the Salvation Army complete an application. Moraski said she would make some formal comments to the Council regarding the Housing Market Analysis. She suggested contacting Coleman, and asking if he wanted to do the same. Head said comments should be sent to Community Development by September 1. Community Development Celebration - Commission members decided on the theme "Caring: A Community Affair" and created a list of potential award nominees for the annual awards given at the Celebration. Heartland Candleworks Update - Long said that the accounting firm is still working on the audit. Head said that the final product will be a management report to give direction and Housing & Community Development Commission July 16, 1998 Page 4 recommendations on how to streamline Heartland's financial operations. He said the actual audit report will be pushed back until the end of the year. ADJOURNMFNT: MOTION: Stewart moved to adjourn the meeting. Moraski seconded the motion. The motion carried by a vote of 5-0, and the meeting was adjourned at 7:59 p.m. Minutes submitted by Traci Wagner. ppdcdbg\min\hcdcT- 16. doc MINUTES PLANNING AND ZONING COMMISSION THURSDAY, SEPTEMBER ;17, 1998 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MFMBF:RS PRFSFNT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson, Dean Shannon, Lea Supple MF:MBFRS ABSFNT: None STAFF PRFSFNT: Bob Miklo, Scott Kugler, Sarah Holecek, Anne Schulte OTHFRS PRFSFNT: Douglas Ruppert, Brenda Nelson, Larry Schnittjer, Eldon Prybil, Merlin Lawrence RECOMMFNDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, of SUB98-00P3, a final plat of Windsor Ridge, Part IX, a 20.33 acre, 46-1ot residential subdivision located in the Low Density Single-Family Residential (RS-5) zone for property located north of Arlington Drive and Barrington Road, subject to legal papers and construction drawings being approved prior to City Council consideration of the plat. Recommended, by a vote of 4-2, with Chait and Shannon voting no, that the City Council forward a letter to the Johnson County Board of Supervisors recommending denial of CZ9831, an application submitted to Johnson County by Gerald Milder to rezone 20.4 acres from Rural (A1) to Suburban Residential (RS-10) for property located at 4820 American Legion Road. Recommended to the City Council, by a vote of 6-0, that the letter to the Johnson County Board of Supervisors conceming the Milder rezoning include a request that the City and County jointly consider alternative resolutions, that would not violate the Fringe Area Agreement, to situations such as the one faced by the Milders in their rezoning request. Recommended approval, by a vote of 4-1, with Shannon voting no, of VAC98-0005, a City- Street and West of Capitol Street, subjed to all necessa~ utiliW easements being retained, and subject to a 20-foot wide emergency vehicle access being retained from Prentiss Street to the Iowa Interstate Railroad tracks be~een Capitol Street and the Iowa River. CALL TO ORDFR: Chairperson Supple called the meeting to order at 7:38. PUBLIC DISCUSSION OF ANYITFM NOT ON THF AGFNDA: There was none. DFVFI OPMFNT ITFMS: SUB98-00:>0. Public discussion of an application submitted by Howard Winebrenner for a preliminary and final plat of a resubdivision of Lots 3, 4, 5, and 6 of W. B. Development, an 8.33 acre, 8-lot, commercial subdivision located on the south side of Escort Lane. (45-day limitation period waived to September 17) Planning and Zoning Commission September 17, 1998 Page 2 Kugler said the applicant submitted a request to defer this item to the Commission's next meeting. He said staff is waiting for some information from the applicant regarding the sanitary sewer capacity issue and changes in the legal documents and agreements. Public discussion: There was none. Public discussion closed. MOTION: Gibson moved to defer SUB98-00~0, an application submitted by Howard Winebrenner for a preliminary and final plat of a resubdivision of Lots 3, 4, 5, and 6 of W. B. Development, an 8.33 acre, 8-lot, commercial subdivision located on the south side of Escort Lane to the October 1, 1998 meeting of the Planning and Zoning Commission. Bovbjerg seconded the motion. The motion carried on a vote of 6-0. SUB98-00c>3. Public discussion of an application submitted by Arlington L.C. for a final plat of Windsor Ridge, Part Nine, a 20.33 acre, 46-1ot residential subdivision located in the Low Density Single-Family Residential (RS-5) zone for property located north of Arlington Drive and Barrington Road. (45-day limitation period expires October 10) Kugler said this is an application for the final plat of Windsor Ridge, Part IX. He said about a year ago, the City Council approved the preliminary plats for Parts IX through XIV, which included all of the property left in Windsor Ridge south of Court Street. Kugler said this is a final plat for a portion of that preliminary plat. Kugler said this plat would result in the extension of two collector streets: Arlington Drive and Barrington Road, and the platting of a new collector street, Huntington Drive, which will connect the two existing collector streets and provide secondary access for the lots in this development. He said there would also be two new local streets platted, Sheffield Place, a short cul-de-sac at. the east end of the development, and Buckingham Lane, a short stub street coming off of Arlington Drive that will, in later phases, be extended to the west to the Fairview Golf Course property and could be extended further if that property redevelops. Kugler stated that both Outlots N and T on the plat are to be dedicated to the City. He said Outlot N will be a future public open space area, as will the larger outlot to the south of it. Kugler said Outlot T is located at the end of Sheffield Drive and will provide a future sidewalk connection from Sheffield Place to Taft Avenue when Taft Avenue is improved at some point in the future. Kugler said at the end of Sheffield Place there are three lots that have frontage on both an interior street as well as Taft Avenue. He said with the preliminary plat, there was a requirement for a landscaped buffer here at the time the street is installed, and that requirement will have to be carded over into the legal papers. Kugler said the plat is in conformance with the City's subdivision regulations, and staff recommends approval, subject to the approval of legal papers and construction drawings prior to City Council consideration of the plat. Ehrhardt asked about the entrance to Outlot N. Kugler said Outlot N is located behind many of the residential lots. He pointed out a 48-foot wide access on the east and a 50-foot wide access on the west, and said the outlot is also adjacent Planning and Zoning Commission September 17, 1998 Page 3 tO another outlot that is located to the south. Kugler showed a trail proposed for that area that would connect out to the streets. Public discussion: Therewas none. Public discussion closed. MOTION: Chait moved to approve SUB98-0023, a final plat of Windsor Ridge, Part IX, a 20.33 acre, 46-1ot residential subdivision located in the Low Density Single-Family Residential (RS-5) zone for property located north of Arlington Drive and Barrington Road, subject to legal papers and construction drawings being approved prior to City Council consideration of the plat. Shannon seconded the motion. The motion carried on a vote of 6-0. REZONING ITFMS: C79831. Public discussion of an application submitted to Johnson County by Gerald Milder to rezone 20.4 acres from Rural (A1) to Suburban Residential (RS-10) for property located at 4820 American Legion Road. Rockwell said Gerald Milder had requested a reconsideration by the Commission of its denial of this rezoning. She said Milder feels he was denied due process and has prevailed upon the Johnson County Zoning Commission to wait to take action until the City's Planning and Zoning Commission has had a chance to reconsider the item. Rockwell said because of the way the two existing residences are located close to the road, this application seemed at first to be an ideal cluster zoning, and staff had hoped that the remainder of the property could continue as an agricultural use and be consistent with the Fringe Area Agreement. She said, however, because of the way the County zoning staff would implement the rezoning, and because of concerns raised by members of the Johnson County Planning and Zoning Commission that the Fringe Area Agreement would be violated by this rezoning, staff changed its recommendation from approval to denial, and the Commission voted to recommend denial. Rockwell said the applicant is now requesting a chance to make his case as to why the application should be approved. Rockwell said there were several reasons that staff recommended denial after hearing from the County zoning staff. She said the Milder property is located in Fringe Area B, an area in which the Fringe Area Agreement does not specify cluster development as an option, as opposed to the case for Fringe Areas A and C. Rockwell said the County staffs interpretation of the Fringe Area Agreement is that since cluster development is not specified as an option for Fringe Area B, it is not permitted. She said if the RS-10 zoning is approved, the County staff feels the land would have to be subdivided into two 1 O-acre lots. Further, Rockwell said the County does not permit dead-end streets, but would require a cuPde-sac street for the residential subdivision. Rockwell added that County RS zones do not list farming or agricultural uses as a permitted use. She said such uses are considered continuing non-conforming uses in the County RS zones. Rockwell said dividing the property into two ten-acre lots, adding a cuPde-sac Planning and Zoning Commission September 17, 1998 Page 4 turnaround, and designating the majodty of the property for a use that is not permitted by right seems to staff to mitigate against the property's continued use for agricultural purposes. She said staff continues to recommend that the Commission recommend that the City Council forward a letter to the Johnson County Board of Supervisors indicating that this application should be denied. Bovbjerg asked if the County Planning and Zoning Commission is saying that if clustering is not mentioned, it is not permitted. Rockwell confirmed this. In response to a question from Bovbjerg, Rockwell said she did not know if the County staff had asked for a legal opinion, but this procedure would be consistent with the way the City's zoning ordinance is handled, in that if a use is not mentioned, it is not permitted. Gibson said it is not inconceivable to imagine that the City, in the process of negotiating the Fringe Area Agreement, would have thought that cluster development in Fringe Area B would be inappropriate because of other notions of how that property should be developed. He said it is quite a bit different from the other fringe areas. Rockwell said the members of the County Planning and Zoning Commission, who had served on the Fringe Area Committee, did say it was their understanding that this area is different, and that is why it specifically did not include cluster zoning. She said it was their recollection that the Fringe Area Agreement was designed so that it would not encourage residential development in this area, but would work to preserve agricultural uses. Public discussion: Douglas Ruppert. 601 St. Thomas Court, said he is an attorney representing the Milders. He said it is correct that the Fringe Area Agreement, in discussing Fringe Area B, does not specifically allow cluster development. He said there is no specific mention of clustering and no definition of it with regard to Fringe Area B. Ruppert said, however, when one of the development standards of the Fringe Area Agreement is to encourage cluster development, any inference made from that should be one in favor of cluster development. Gibson asked Ruppert if he could conceive of a notion where it was decided dudng the process of developing the Fdnge Area Agreement that the City would have preferred that there be no encouragement to develop at all in Fringe Area B, as differentiated from Areas A and C, and had therefore stayed silent deliberately on that point. Ruppert said he did not know and had planned to ask the Commission if there was a reason the City would not want clustering in Fringe Area B. Gibson said his answer would be because of an attitude about the appropriateness of different kinds of development in the different areas. He suggested that the concept of clustering probably was not overlooked, but was deliberately omitted. Ruppert said the Fringe Area Agreement does not specifically define clustering. He stated that it seems unfair to deny an application based on the fact that the Commission feels it violates the agreement, because this is a cluster development, when there are no defined standards in the agreement as to what clustering is. He said he would appreciate an opinion from the City Attorney as to whether or not this application is for a cluster development and, under the Fringe Agreement whether this application would be a violation of that. Holecek said she was not intimately familiar with the Johnson County Zoning Ordinance, but under the Iowa City Zoning Ordinance, if something is not specifically mentioned, then it is not permitted by right. She said she could give an opinion as to how the City might interpret this, Planning and Zoning Commission September 17, 1998 Page 5 but she could not opine for Johnson County. She said the City is merely an advisory body to Johnson County on this application. Supple asked if this 20-acre parcel is part of a larger farm. Ruppert responded that it is part of an overall 40-acre tract. Gibson asked about the sequence of events leading to this being back before the Commission. Rockwell said the County Planning and Zoning Commission had not acted yet on this rezoning. It was waiting for the City Planning and Zoning Commission to make a decision. Gibson asked if there had been any feedback from the County. Rockwell said minutes from the meeting of the County Planning and Zoning Commission indicated discomfort on the part of the County Commission members regarding approving this rezoning because they felt it would be in violation of the Fringe Area Agreement. Rockwell said members of the the County Commission also mentioned that they did not want to be the first party to violate the Fringe Area Agreement. Gibson said he appreciated that attitude on the part of the County Commission. He asked if this hearing then, was in response to a County position on this particular point. Rockwell replied that it was basically coming back as a due process matter in that the applicant felt he did not have a chance for a headng, because he and his representatives did not attend the Commission's formal meeting after staffs initial recommendation of approval. Gibson said he was pursuing the issue of the County's response to this issue and said he was inferring that the County Commission believed the Planning and Zoning Commission's disposition was appropriate, because of the interpretation of the Fringe Area Agreement. Rockwell confirmed that has been their discussion. Chait said he was reading between the lines that the County Commission wants to respect the Agreement, and the City Planning and Zoning Commission's recommendation will determine their interpretation of the clustering standard of the Agreement. He said he further inferred that if the City Planning and Zoning Commission is okay with this development in Fringe Area B, the County would probably approve it. Rockwell said that was not necessarily true; that was not the tenor of the County Commission's discussion on this matter. Chait agreed that if the City Planning and Zoning Commission is okay with this, that does not mean the County will approve it. He said he thought the County Commission was being more respectful of the Fringe Area Agreement between the two government bodies, and does not want to cross the City Planning and Zoning Commission. He said that scenario, neither entity tends to not look at the technical merits or the specifics of this particular request. He said if the City Planning and Zoning Commission approves the rezoning, it does not mean the County would approve it, it means they would be able to consider it and still respect the Fringe Area Agreement. Rockwell said some of the County Commission members were saying that if the City Planning and Zoning Commission approves this, it will be the first to violate the Fringe Area Agreement. Chait said a recommendation for this does not necessarily mean the Commission is violating the Fdnge Area Agreement, but is just allowing the possibility for the County to approve it. Holecek said if the City is the first to say that Fringe Area B does indeed allow this type of development, then it would be opening up what the County's interpretation is of Fringe Area B. She said it may not be a technical violation, because the City is only in the position of making a recommendation, but it may also change the substance of the Agreement as far as what the parties have understood. Chait asked why this would then not be allowed in this Fringe Area when it is allowed in the Planning and Zoning Commission September 17, 1998 Page 6 others. Gibson said one approach to this may be to have staff study the process that was undertaken in establishing the last Fdnge Area Agreement. He said, however, that would probably be a monumental task, and it was doubtful in his mind that it would produce the information the Commission is asking for. Gibson said he was involved in the Fringe Area Agreement process, but did not remember all of the specifics. He said that of the major areas of concern, Fringe Area B held the highest potential as good agricultural land, because of all of the geographic factors involved. Gibson said that might have been one reason to do whatever could be done to make the notion of residential development there more difficult. He said a second reason might have been that the City basically does not like the notion of residential development so near the community, because it makes it much more difficult to systematically and logically allow the City to expand. Gibson added that this application was not a new development. He said the Fringe Area Agreement was really not written to address existing conditions, but was wdtten to address proposals for new development. He said there might have been a number of reasons the City would clearly have been against this, and he believed those reasons still exist and are probably still valid. He said that as to what the record shows about prevailing attitudes and discussions while the Fringe Area Agreement was being developed, he could not comment with any authority, because the process took place several years ago and many issues were considered. Gibson said the two points he has discussed would have been strong reasons to have made it more difficult to have residential development in this Fringe Area as opposed to the others. Rockwell said those were the two main points raised by County staff following the City Planning and Zoning Commission's informal meeting on this item. Public discussion closed. MOTION: Bovbjerg moved to recommend that the City Council forward a letter to the Johnson County Board of Supervisors recommending approval of CZ9831, an application submitted to Johnson County by Gerald Milder to rezone 20.4 acres f~om Rural (A1) to Suburban Residential (RS-10) for property located at 4820 American Legion Road. Shannon seconded the motion. Bovbjerg said she was torn between what seems to be a reasonable way of dividing land and adhering to the letter as well as the spidt of the Fdnge Area Agreement and of the apparent legal interpretation of ordinance writing. She said if something is not written, it is not permitted, and unless and until that is refuted, the Commission should go by the precedent that has been set, in that if this is clustering and clustering is not allowed in Fringe Area B, then the Commission should not vote to recommend this rezoning. Gibson said the things that are not supposed to occur in any one area may be an infinite and exhaustive list of things, so the posture that if something is not mentioned, it is not meant to be included would make sense. He said the challenge thrown down by the County regarding who will be first to violate the Fringe Area Agreement is a very serious one. Gibson said this is an existing situation, and he did not know the landowners' intentions. He said if there could be some way the two parcels where the houses are sitting could be cut away from the rest of the land, and the remainder of the property would revert to rural agricultural uses, he would be willing to consider such a thing after it was reviewed by both County and City staff. Gibson said he was very reluctant to go along this suggested change in the face of the County's apparent position as well as his understanding of the Fringe Area Agreement. Planning and Zoning Commission September 17, 1998 Page 7 Chait said he would also like to come up with a way to accommodate this request without setting an unwanted precedent. He said the circumstances are unique enough that it is worth that effort. Chair said he does not think the County has an agenda here, and he would like to find a way to allow this without setting a precedent about clustering in this Fringe Area. Supple said she was sympathetic in regard to this situation, but feels the Fringe Area Agreement is the document that must be followed and if there are to be changes, it should start with changes to the Agreement. Chait said he was open to the possibilities here of finding a way to make this work and asked if a deferral of two weeks would be appropriate to explore some possibilities for a solution. Ehrhardt said an option would be to make a recommendation of denial, but add a suggestion to the letter to the Supervisors to look at other options for dealing with this situation. Gibson said it seems that to make that happen, denial would be essential at this point; it cannot be approved or left an open issue. Bovbjerg said that with either a recommendation of approval or denial, the Commission could make a strong recommendation that the City legal staff and the County legal staff talk about this. Gibson said he had no problem with that, but said he did not think the Commission could be equivocal on its stand on the request. He said he would strongly encourage a no vote on the motion, but he was also fully in favor of attempting to explore other alternatives to make this thing conforming and legal. Supple suggested that this situation may be faidy common in that there are farmsteads all over the County with two houses like this one. Rockwell said this particular situation was created after the County said no to a rezoning to allow another house on this property. She said the applicant was able to take advantage of the 40-acre rule to put another house on the 40 acres and now is coming back and trying to split off 20 acres and remedy the situation he created without going through a rezoning and without getting approval from the Health Department for a septic system for the second residence. Rockwell said there may not be many comparable situations like this out in the County. Gibson said he had missed that point, and in that case, his answer should be an unequivocal no, but a resolution to the situation could still be explored. The motion was denied on a vote of 9-4, with Chait and Shannon voting yes. MOTION: Bovbjerg moved to recommend that the City Council forward a letter to the Johnson County Board of Supervisors recommending denial of C79831, an application submitted to Johnson County by Gerald Milder to rezone 20.4 acres from Rural (A1) to Suburban Residential (RS-10) for property located at 4820 American Legion Road. Gibson seconded the motion. AMFNDMFNT: Ehrhardt moved to amend the main motion to add a recommendation to the letter that the County and City explore alternatives to address these situations without violating the Fringe Area Agreement. Bovbjerg said she was concemed about hanging the amendment onto the main motion and making things a little unclear. She said she would prefer to see the motion remain clean and have the amendment as a strong adjunct. Holecek said the Commission could make a separate motion to make the additional recommendation to the City Council. Planning and Zoning Commission September 17, 1998 Page 8 Ehrhardt withdrew the amendment. The motion carried on a vote of 4-2, with Chait and Shannon voting no. MOTION: Ehrhardt moved to recommend to the City Council that the letter to the Johnson County Board of Supervisors concerning the Milder rezoning include a request that the City and County jointly consider alternative resolutions, that would not violate the Fringe Area Agreement, to situations such as the one faced by the Milders in their rezoning request, Chait seconded the motion, The motion carried on a vote of 6-0. Ehrhardt referred to the letter from the applicant stating that there was an impression from the informal session that the Commission had come to a decision to approve his rezoning request. She said the informal session is strictly for information gathering. Ruppert said that letter came from Glenn Meisner and referred to staffs initial recommendation of approval. Gibson said that that recommendation is even further removed from the Commission's decision. Ehrhardt stressed that it always is important for applicants and their representatives to attend the Commission's formal meeting and make their case for the public record. They should not assume they know how the Commission is going to vote. RF798-0011. Public discussion of an application submitted by Lake Calvin Properties to rezone approximately 6.196 acres located south of Whispering Meadows Drive from Medium Density Single-Family Residential (RS-8) to Factory-Built Housing Residential (RFBH). (45-day limitation period waived to September 17) Kugler said this item was deferred at the Commission s last meeting and at that time, staff recommended deferral to allow staff and the applicants to work on a set of conditions whereby the City could get some assurance that the policies of the South District Plan would be incorporated into this development. He referred to the draft of the Conditional Zoning Agreement that he distributed to Commission members before the meeting. Kugler added that the applicant has a request to defer this item to the October 1 meeting, which would allow discussion of the item at the neighborhood meeting to be held on September 23. Kugler said staff has been working with the applicants on the remaining issues with regard to the CZA and is waiting for the applicants to return with a response to staffs remaining concorns regarding the mix of housing within the development as well as the garage setbacks. Kugler said the applicants have stated that they intend to provide a mix of manufactured housing units within this rezoning area, which they are not allowed by virtue of design restrictions and private covenants on their current development. Gibson asked how Kugler was defining the current area, the one the applicants claim is restricted in terms of how it can be developed. Kugler said the applicants are restricted somewhat because of utility lines and because of the size of their lots. He added that that decision was made by the applicants as were the covenants requiring double-wide units. Gibson asked what portion of the part that has been platted that the covenants apply to. Kugler said he was not sure, because he had not seen the document, but the applicant could address that issue. Gibson said that was a very relevant issue, and because it is a fact that can be established, it should be presented and substantiated with documents. Supple said the Commission could ask the Saddlebrook representative attending the meeting and asked Gibson if that would be satisfactory. Gibson said it would not. He said he wanted it substantiated; it is a fact that exists and there either are or are not documents that establish Planning and Zoning Commission September 17, 1998 Page 9 those covenants for that area or a piece of that area. Kugler said he had a copy of the covenants but had not looked at them closely enough to see exactly which property is covered. Gibson said this is important because it is very relevant to the issue that has been put forth that the applicants cannot satisfy the demand for different sized housing in this particular, pre- existing platted area. Holecek asked if Gibson would like to have the legal description on the covenants reviewed to establish exactly which property is encumbered. Gibson said that would be satisfactory. He said this was a material point, and he did not want to depend on someone telling him something when there is existing evidence to establish the fact. Kugler said the applicants are looking at alternatives to how to draft the mixing housing condition to address the issue and still provide the flexibility they feel they need in terms of leasing their lots and providing what their clients want. Regarding the garage setbacks, Kugler said staff is recommending, in order to implement the concepts and policies of the South Distdct Plan, a requirement that the garages be set back 20 feet from the front of the residential units for one and two-stall garages and if there are three or more stall garages constructed, that they be in the areas where alleys are provided. He said staff feels this is important in achieving a neighborhood that is walkable and pedestrian friendly, as the South District Plan directs. Kugler said that this is true particularly in a case where smaller lot sizes would be permitted and buildings can be located closer to the street than in a typical subdivision. He said there is a 20 foot setback requirement, but in the RFBH Zone the rights-of-way are narrow and sidewalks are generally close to the street, allowing development to be more compact and resulting in the garagescape issue to be even more prevalent in these circumstances. Kugler referred to a memorandum from the Parks and Recreation Director citing what the Parks and Recreation Commission recommended for open space for this development. The memorandum states that one priority in terms of acquiring open space as a result of this development would be to complete a trail system. Kugler said there is currently roughly one acre of property to be dedicated to allow the trail connection to occur across the area that is already final-platted. He said the priority would be to complete that to the south so it can be connected down into the wetland area and to the eight-foot sidewalk that will be constructed along the arterial street. Kugler said the second pdority would be to collect the balance of the open space along the west property line to add to the open space that will be acquired as a result of the South Sycamore Drainage Project to create a substantial neighborhood park. He said that as this property is brought in to be platted, regardless of the zoning, those two areas will be recommended for acquiring open space to meet the Neighborhood Open Space Ordinance. Kugler said the Commission had requested information as to what was presented by the applicant regarding the initial rezoning and annexation of this property. He referred to reports and plans, as well as a newspaper article, that were generated at the time that annexation and rezoning was occurring. He also showed maps of the areas demonstrating the early plans for the area's development. Kugler said the area labeled RFBH was the existing Paddock area. He said the area shown as RS-8 on the map was generally the area that was zoned RS-8. Kugler said a concept plan was submitted at that time with a proposal for some commercial zoning and some development in the wetlands area. He said that as a result of a review of that application, the zoning pattern was amended to replace the proposed commercial zoning on Highway 6 with RM-20 and to zone the wetland area RR-1. The second plan is similar to what was ultimately Planning and Zoning Commission September 17, 1998 Page 10 approved by the City. Kugler said staff was still recommending deferral of this item pending resolution of the final issues for the CZA and to allow the neighborhood meeting scheduled for September 23 to occur. Public discussion: Brenda Nelson. 535 Southgate, said she works for Landmark Surveying and Engineering and represented the applicants. She said she would make the covenant covering the Paddock Area available to the Commission. Nelson said she was available to answer questions from the Commission. Gibson said there was a representation at the last meeting that there were 50 homes either sold or in the process of development in the current area. He said he visited the area and counted 39 homes that seemed to satisfy that definition. Nelson said she was not aware of it at the time she gave the information, but the number 50 was the number of actual, ordered units, not units that were necessarily in the ground. Gibson asked if his count of 39 was wrong, and Nelson said she has not counted and was unsure. Bovbjerg referred to page five of the copy of Saddlebrook brochure and asked for the boundaries of the Paddock to be delineated. Kugler said he did not know the exact boundaries because the proposed plan would result in some changes to that, but he showed a rough idea of the area on an overhead map. Bovbjerg asked if the area outlined in dark black was the area covered by the restrictive covenants requiring double-wide units, and Nelson confirmed this. Gibson asked if it was correct if there were changes proposed to the area to the north. Kugler said that if this rezoning is approved, the applicants have indicated that one of the proposed cul-de-sacs would be extended to be a connecting road between the two sides of the development. He said that right now, the way it is platted, the connection does not occur, and the only connection is the future arterial street. Gibson said he wanted to know how many lots are included in the diagram and how many are potential lots in the area that has already been zoned RFBH. Kugler said that in the area that had already been approved for development, there are 222 housing sites. Holecek asked Gibson if he wanted to know how many lots have actually been platted, how many are covenanted, and what remainder is left with no covenants on it. Gibson agreed and said also that a case was made that utility developments have been made. He said it would be difficult to determine that from the site, and it appears that not anywhere near all of them have been installed so that it may not be an acceptable issue to insist that changes cannot be made in the existing area. Gibson said he needed to find out how much flexibility the developers truly have in terms of satisfying the supposed market requirement for flexibility and provision of alternatives. Kugler said he did not know what has been installed, in terms of utilities, and the developers should address that question. Gibson said there are large areas where no grading or anything else has been done. Kugler said he did know that approximately 40 acres of land has not had a plan approved for it, and he assumed there were no restrictions, in terms of covenants, in that area. Gibson said he has asked a number of very specific questions and had not yet received answers to them. He said the answers require no conjecture but are facts, and he was Planning and Zoning Commission September 17, 1998 Page 11 disappointed the answers have not been provided, as they seem to be masonably accessible. He stated that these are critical issues. Kugler said the covenants am private covenants placed on the property. He said the City is not involved in those covenants and does not enforce them. He said the applicant would need to address that issue. Miklo said that at the next meeting staff would have a map showing the property that the covenants apply to, as well as illustrating the utilities. Public discussion closed. MOTION: Bovbjerg moved to defer RF798-0011, an application submitted by Lake Calvin Properties to rezone approximately 6.196 acres located south of Whispering Meadows Drive from Medium Density Single-Family Residential (RS-8) to Factory-Built Housing Residential (RFBH) to the October 1, 1998 meeting of the Planning and Zoning Commission. Ehrhardt seconded the motion. Shannon said he visited the site recently and liked what he saw. He said he did not like the long rows of housing but did not see that happening on this site. Shannon said he asked someone working there why the covenant regarding double-wide units had been placed on the property and was told that the people buying double-wide units do not want to live next to a single-wide unit. Gibson said he had not made any value judgments on the development at all but was basing his view of this on the assertion of the developers that they are trying to respond to market conditions they perceive that require them to do something different than what they have been doing and that they cannot do it within the existing zoned property, necessitating this rezoning of 62 acres of RS-8 land to RFBH. He said the case has not been made for this. Gibson said however, that placing double-wide units next to single-wide units seems like a perversion of the concept of mixed housing, but he was not arguing that issue. Supple said, in the interests of offedng the developers her present attitude, although it was not yet time to make a decision about voting and she had not yet made one, that she was leaning negatively toward this rezoning request for three basic reasons. She said the first reason is that the developers are less than 25% built out on the property that is already zoned for manufactured housing. Supple said the second reason is that the limitations for home sizes are of the developers' own making and not of the City's making, and it should not necessitate the City to correct limitations of the developers' own making. She said the third reason was that she did not feel the housing would be particularly affordable, as had been asserted by the developers, for those of low and moderate income. Supple said she did calculations based on the representative's data and figured that a $50,000 purchase, the least expensive home, would be about equal to a $90,000 purchase of real property. She said that considering that the average median pdce of Iowa City and Coralville homes is $111,000, which is really not that far off, she felt the $90,000 purchase of real property, as opposed to the $50,000 purchase of a home in Saddlebrook, should be a lifestyle choice, because the argument of affordability does not quite make it for her. Supple said that for the comparison, she used the figures given by the representative of an interest rate of 1% higher than on real property, a 15-year payout, and a requirement of a 20% down payment for the Saddlebrook home. She said the cost of the $50,000 home would come to $672 per month and would include principal, interest, taxes, insurance, and lot rent at an estimated $250 per month. She said that one could purchase a Planning and Zoning Commission September 17, 1998 Page 12 $90,000 property for $677 per month with $10,000 down at 7% for 30 years, making the monthly costs about the same. Supple said she would be attending the September 23, 1998 neighborhood meeting at 7:30 p.m. at Grant Wood Elementary School. Miklo said that no more than 3 Commission members should attend or it would constitute a quorum. Holecek said that four or more members could attend the meeting and use the stump method, in other words, act like tree stumps and not participate in the meeting, in order to avoid having a public meeting. Miklo said he would post a notice of the meeting that would cover the possibility that more than three Commission members attend, but it would be better for the Commission members to not discuss this issue amongst themselves at the meeting. Gibson referred to item 3d in the draft CZA, saying it does not address the issue of vehicle parking areas, which could still be out in front of the building. Miklo confirmed this but said that when the garages are set back 20 feet, it is most likely that the parking will occur in front of the garages. He said some of that is based on staffs observation of existing developments. Gibson said he found the situation of having no curbs characteristic of the housing type of mobile home courts, although it may not be characteristic of this housing type. Chait said that at the last meeting, distinctions were made between manufactured housing and mobile home courts. He said Gibson's comments apply more to what is seen in a trailer park than a manufactured housing development. Gibson said, however, that he did not see this CZA limiting that kind of parallel parking in the streets. Kugler said the CZA, similar to what is required in other single- family residential zones, could incorporate some requirement for allowing only a certain percentage of the front yard to be paved. Gibson said that would address the problem. The motion carried on a vote of 6-0. REZ98-0012/SUB98-00:~1. Public discussion of an application submitted by Village Partners to rezone approximately 10 acres from Low Density Single-Family Residential (RS-5) to Planned Development Housing Overlay (OPDH-5) and a preliminary plat of Village Green, Pads XVI and XVII, a 30.85 acre, 4-lot residential subdivision with 2 outlots to allow 36 dwelling units, for property located at Wellington Drive and Village Road. Miklo showed the area on an overhead map. He said the rezoning from RS-5 (Low Density Single-Family) to OPDH-5 (Planned Development Housing) only applied to a portion of the property which would consist of four different lots. Miklo said the remaining lots are outlots for future development, and any development of those would require some sort of subdivision and possibly also a rezoning to planned development or some other designation that may occur in the future. He said this current rezoning would allow each of the four lots, which would be served by a private street, to develop with nine townhouse units. Miklo said this would be in compliance with a concept plan that staff has been working with since 1992. Miklo said that although this does not address all of the issues in the Comprehensive Plan in terms of neighborhood design, staff feels it is' appropriate to approve this rezoning because it is a concept plan that both the City and developer have been relying on. Miklo said that approval of this zoning would result in four units per acre, as opposed to the 2.5 to 3.5 that is typical for an RS-5 zone. He said staff does not see this as greatly increasing traffic in the area, and in terms of the streets being built, it would actually improve traffic Planning and Zoning Commission September 17, 1998 Page 13 because Wellington Ddve and Village Road will both provide an alternative means of access to Scott Boulevard for the larger neighborhood. Miklo said the private streets in the neighborhood are proposed to not have sidewalks. He said the City waived sidewalks for the other phases of the development on the small private streets. Miklo added that the larger private street, Somerset Lane, does have a sidewalk. Regarding public utilities, Miklo said there will be a tap-on fee for water service for this area. He added that the applicant did pay fees for upgrades of the sewer in the area to the south, so there will be no additional fees for sewer. Miklo said storm water management will be provided in the wetbottom pond that is already in place and was built as part of the eadier phases of the Village Green Development. He said the earlier phases also have a provision regarding building of a private storm sewer system and drains for any dwellings with basements, and that should be carried on with this particular development and will be addressed with the legal papers for the final plat. Miklo said the Sensitive Areas Ordinance applies to this area because of the hydric soils. He said those soils are mostly on Outlot A, which is a lot designed for future development. Miklo said staff anticipated that for all of the Village Green area there would be the same provisions regarding private drainage systems for buildings with basements. He said that Public Works will also examine the road construction in the areas of hydric soils, since there may be a need for some special compaction given those wet soil types. Miklo said there was a stream corridor in this area that was radically altered in the earlier phases of this development and really does not constitute a stream at this point. He said that is being reviewed by staff as part of the site plan. Miklo said open space was taken care of with this development by earlier phases when one-third of an acre was designated for dedication to the City and fees were collected for the remainder so that no additional fees will be collected for this development. Miklo said the plat is in order in terms of the technical requirements of the subdivision regulations as is the OPDH plan. He said staff recommends approval of the rezoning from RS-5 to OPDH-5 and also approval of the plat to allow the four residential lots and two outlots and a total of 36 dwelling units. Bovbjerg asked about the tiling that drains the area to allow for basements and if it goes into the storm water basin. She said she was concerned that if tile from a basement drains into a wetbottom and the level of the wetbottom is higher than the basement, there will be problems. Miklo said staff generally defers those questions to City engineers. He said the building department was not aware of any problems occurring in the earlier phases of the development. Ehrhardt asked to review the justifications for waiving the sidewalks on some of the private streets. Miklo said they were fairly small loop streets covering a fairly small area, with only nine housing units per loop. He stated that there is a public walk on Wellington Drive and Village Road, the collector streets for the neighborhood. Ehrhardt asked if this acts like a driveway for those, and Miklo confirmed this. Public discussion: Planning and Zoning Commission September 17, 1998 Page 14 Iarry Schnittjer. 1917 South Gilbert Street, said he works for MMS Consultants. In answer to Bovbjerg's question, Schnittjer responded that the storm water basin/permanent pond for this facility has been analyzed, and the maximum level of the water in that facility is not allowed to get to the level of the basements in the houses. He added that a good share of those basements are walk-out basements, and those are all set above the maximum pool level of the pond. Schnittjer said that when the pond gets to a certain point, the water goes to an overflow. Public discussion closed. MOTION: Shannon moved to defer RF798-0012/SUB98-0021, an application submitted by Village Partners to rezone approximately 10 acres from Low Density Single-Family Residential (RS-5) to Planned Development Housing Overlay (OPDH-5) and a preliminary plat of Village Green, Parts XVI and XVII, a 30.85 acre, 4-lot residential subdivision with 2 outlots to allow 36 dwelling units, for property located at Wellington Drive and Village Road to the October 1, 1998 meeting of the Planning and Zoning Commission. Ehrhardt seconded the motion. The motion carried on a vote of 6-0. ANNFXATION/RETONING ITFMS: ANN98-0002/RI=798-0004/SUB98-0024. Public discussion of an application submitted by Silvercrest, to annex approximately 19.81 acres and rezone 21.53 acres from Low Density Single-Family Residential (RS-5), County A1, Rural and CH, Highway Commercial, to Planned Development Housing Overlay (OPDH-12) and for a preliminary plat of Silvercrest, a 21.53 acre, 4-lot subdivision located at the southeast corner of Scott Boulevard and American Legion Road. (45-day limitation period waived to September 17) Miklo said there was a question at the last meeting regarding drainage from this site and how it might affect neighboring properties. He said the Public Works Department reviewed the drainage from this area and the drainage plan proposed by the applicant. Miklo said the property is located at the corner of Scott Boulevard and American Legion Road, and the site development plan shows a drainage basin in the southeast corner where storm water from the site would be collected. He said it would then be piped along the south property line back to Scott Boulevard to drain to the south into an existing storm water facility traveling to the east side of Scott Boulevard, through the Modern Manor development, back to Scott Boulevard, then south of the railroad where it drains into the Scott-Six Industrial Park drainageway, and then flows south of Highway Six and into Snyder Creek. He said that in the opinion of Public Works, storm water will not travel to the east of this property unless there is an emergency overflow situation, which should be rare, if ever, considering the way this system is designed. Miklo showed an overhead of the site plan for the development. He added that staff has reviewed a revised plan, and it is in compliance with the codes; therefore, staff's recommendation is to approve this rezoning from RS-5 and County Highway Commercial and County Suburban Residential to OPDH-12 to allow this mixed use elderly housing and medical office complex. Public discussion: Iarry Schnittjer. 1917 S. Gilbert Street, said he had made a couple of revisions to the plan in Planning and Zoning Commission September 17, 1998 Page 15 response to comments from the public at the last meeting. He illustrated what will probably be the permanent water level on the plan, as well as an aerator to be installed in the facility. Schnittjer said staff asked for additional sidewalks and the Fire Department asked for an additional fire hydrant and they have been added to the plan. Schnittjer said he had discussions with people from the neighboring church and felt their concerns had been satisfied, although he was willing to listen to their representative if there were additional concerns. With regard to EIdon Prybil's concern about the surface drainage of the area, Schnittjer said he did more research. He said Miklo's illustration of the storm sewer system alignments was correct. Schnittjer added that he recalled that when Modern Manor Part I was designed, it was determined that the discharge pipe at the southwest corner of the mobile home court was of a marginal size, and there are occasions when that system will not handle all of the storm water. Schnittjer said the storm water basin being proposed for this project should help in that situation because it will slow down the storm water runoff from the upper level of this area and not create such a large flush through that mobile home court. He added that there will be times when that system will not handle all the water, and then it will spread out over the Prybil property. Schnittjer showed an overlay of the US Geological Survey map demonstrating ten-foot contour intervals. He traced the flow of water from the storm water basin to the Snyder Creek. Bovbjerg said there was some discussion about the entrance from Scott Boulevard versus an entrance from American Legion Road. She asked if there were sufficient width on Scott Boulevard or if a wider lane would be constructed on Scott Boulevard to accommodate traffic coming off Scott Boulevard onto Silvercrest Place and if that would that be necessary. Schnittjer said he had not been informed by the City planners or by the transportation planner that it would be necessary. He said there is a 100 foot right-of-way on Scott Boulevard through its entire length from Lower West Branch Road to Highway Six. Schnittjer said there is therefore adequate room to construct a turn lane if it is determined to be necessary. Schnittjer said that through this application, the City will be given additional right-of-way on American Legion Road so that it could be widened also if deemed necessary. Shannon asked what the purpose of the aerator is in the storm water detention facility. Schnittjer said the aerator keeps the water fresh thereby keeping down the number of mosquitoes and reducing algae growth and also provides visual interest. Eldon Prybil. 4830 Utah Avenue SF, said that as a lifelong resident of Iowa City, he was in favor of this project and in favor of growth in Iowa City. He said that at the last meeting he had spoken of his desire to talk to someone about this project to do it dght, but he had no communication with anyone since that time. Prybil showed his property on the map. He said that there is a big steel plate on top of a sewerhead next to his property, and the water has run down so fast that it has actually blown the steel sewerhead off onto his property. Prybil said he disagreed with Schnittjer somewhat. He said that a lot of this area, when it was developed, had as much as ten to twelve feet of fill did in this area, which forced a lot of water onto his property. Prybil said it has eroded an approximate six-foot deep ravine into his field. He said that the new project might slow the water up above, but all it will do is add more pressure as it comes down to this property. Planning and Zoning Commission September 17, 1998 Page 16 Prybil said he wanted to communicate about these issues and do things right, and he knew there was a better way to do something here. He referred to the Johnson County Soil Survey Book that shows exactly where the watersheds are and tells what his rights are. Prybil said he wanted to cooperate but would not take any more water onto his property and had the dght to stop it. He said he wanted it done right to begin with and was willing to work something out. Ehrhardt asked Prybil if he had spoken with the City engineers. Prybil said he had spoken with them, and they had not known anything about this. He said they talked a little about making a large storm water collection area that could be used for the public as a park or something long term. Chait asked Prybil how often he is getting water. Prybil said that with any of the big rains, his land floods pretty well. Chait asked why a storm water detention basin that has the capacity to take rainwater and then slowly let it into the same area it is going now would increase the water concern instead of mitigating it. Prybil said that he would agree that there would not be much effect with a one-inch rain. He stated, however, that the City has recently had a five-inch rain and three-inch rain. Prybil said that two or three of those rains per year would cause critical damage and take away the crop. Chait said, however, that if there is a storm water detention basin created in the future that is not now in existence that would control the ouffiow of water, that should mitigate the current problem instead of exacerbating it. Prybil responded that south of the property line of the proposed area to be rezoned, there is no effect from the storm water facility because that water is already past the facility. He said that what is above the facility, depending on how many roofs, sidewalks, streets are added and depending on how much rain is received in a 24-hour period will tell how much overflow there will be. He said his concern was that when the pond is full and it is still raining, all that water from the roofs and the paved surfaces will overflow to his property, as sometimes these facilities just do not hold for the capacity they are built for. Prybil said that under some of the 1962 Codes, it states that water from one watershed cannot be directed to another. Miklo said that some of the concerns seem to be associated with Modern Manor. He said that Modern Manor is a county development, and he was unsure whether it was required to comply with the City's stormwater management ordinance or not or whether there was even a subdivision for that development. Miklo said there seems to be a current issue that may involve the County, possibly the City, and Bob Wolfe, the owner of Modern Manor, that needs to be addressed. He said he could ask the engineering staff to look at the stormwater review, if any, that occurred with the Modern Manor Manufactured Housing park. Miklo said that in terms of this particular development, the intention of the stormwater ordinance is to assure that the amount of stormwater from development is not increased on an adjacent property, and in the opinion of the engineering staff, this development would adhere to that standard. He added that there may very well be an existing problem that does require some attention. Prybil said the issue is not so much how much more damage will be done or won't be done, the issue is that the water does not belong in his watershed, it comes from a different one. He said that no matter how much dirt is hauled, filled in, or taken out, he has proof where the watersheds are. Bovbjerg said the Commission should urge the County and City staffs to work on this and reconcile it. Chait said he was concerned that Prybil made an offer at the last meeting to be involved in conversations regarding this but was never approached. Miklo said it was his understanding that the applicant would contact Prybil. He said that after the last Planning and Zoning Commission September 17, 1998 Page 17 meeting, staff reviewed the stormwater facility for this, as did Public Works. Chait said this could be a big issue that might occur if the concerns are not addressed now. Prybil said he would like to avoid that because the project would be good for the community. Chait said the problem may be bigger than this one project, although this project may be the precipitant for the concern. Gibson agreed with Chait and said he assumed that Prybil believes that this particular project will contribute to his water problem. Prybil said he believed that could easily happen. Gibson asked if staff was willing to stipulate that they place no great amount of credence in Prybil's concern and believe that this development will not impact his land negatively. Miklo said he would not say that but would relate what the engineers have stated, which is that their review of this particular plan is that it complies with the City's stormwater management ordinance in that it will not release any more water than is already running off of the property and that the rate of the water will be controlled. He said there may very well be a problem with the Modern Manor Development, but that is a county development, although the City may have some role in solving that problem. Prybil said the City staff believes the water flow will be controlled, but whatever the control is, the project will still add more water coming down the line. Gibson said the storm water detention basin will slow up the flow of water. Chait stated that the basin will slow up the water flow until it is full, and then it won't control anything. He said that Prybil is being forced to take a position that is a defensive position and take some action to prevent what he perceives as something that will damage him. Chait said that it starts to get expensive, and the City has some responsibility, if it is annexing land, for working on the potential problem. Prybil said he thought the City had an interest here regarding long-term planning. Shannon asked Prybil where the water gets onto his field now. Prybil responded that it comes onto his property about half-way down through Modern Manor. He said there is an eight-inch tube that carries some of the water, but with a hard rain, the tube is not enough to carry what is coming down there now. Prybil said there are two watersheds here and by law, the water must stay in the watershed where it was put thousands of years ago. Merlin Lawrence. Dial, said he investigated Prybil's concerns and contacted Prybil to tell him what he found out. He said he did not ignore what Prybil said at the last meeting. Lawrence said Schnittjer investigated how the water was flowing and found out that the pipe was there and that the water was not freeflowing. Gibson said that at the last meeting, he asked the City staff to get the two parties together and then come back to the Commission with a recommendation as to where they felt the truth lied. He said the two parties were not brought together with a neutral third party that the Commission could take unbiased advice from, and he was troubled by the fact that it never happened. Gibson said the City has an obligation to listen to Prybil but has not done so, because he has had to come to two meetings to say the same thing. Chait said the conversation that needs to occur is not one between the applicant and Prybil because he felt the applicant has done everything that he is required to do. He said he believed the project has the potential to cause a greater problem for Prybil, inadvertently, and the conversation that needs to take place needs to include the City and maybe the County as well. Chait said Prybil has been very polite about this, but he believed that if the project were Planning and Zoning Commission September 17, 1998 Page 18 approved, Prybil's concem will be so great that he will have to take some action to protect his property. Lawrence said he has talked with Prybil about several things, but he can only ask for zoning on the land he controls. Chait said he agreed with that statement. Lawrence said he is trying to be very cooperative. Miklo said the Commission has two options in that it could vote on this, subject to the issue being addressed prior to the Council consideration of the annexation and rezoning, or could defer this item until the issue is resolved. Holecek stated that such a deferral would require a waiver. Holecek said she believes Prybil's concern was that the water from this project would be taking water from a watershed that currently does not drain into his and putting it into a system that is already overburdened and is apparently not functioning properly because it is already damaging his property. She said that the piping from the east part of the property over to the west part of the property and going down Scott Boulevard is not the natural watershed for the water to follow, and Prybil confirmed this. Bovbjerg said this is a very valid concern that needs to be addressed and could be a condition of the motion itself. Chait stated that if this project causes water to go from the west watershed to the east watershed to any degree, then he felt it could be a condition to be addressed on this project. He added that if the project has nothing to do with shifting water from one watershed to another, then the concern does not lie with the project and the application needs to be voted on on its own medt, with the Commission subsequently taking some action to address Prybil's concern. Holecek said that as a basic premise in law, any new development or any new piece of property when developed cannot increase the amount of water that goes onto an adjoining property, and if it does so, it can become actionable. She said that is the point of the storm water management ordinance. Gibson asked what the action available to Prybil would be under those circumstances. Holecek said this would generally be a civil matter, but it also depends on what the City's role was in the approval process. She said Prybil could sue the City. Gibson said it puts Prybil in the difficult position of having to take action. He stated that it is terdble to put people in that position deliberately without getting things sorted out ahead of time when everyone still has a stake in solving things. Chait said that water does not have to flow from this project to his land before Prybil might be forced to take an action to protect it from happening. Holecek said it would be more difficult to enjoin a project based on speculation. Chait said the project is tied together with this and the Commission could make this a condition of the project. Holecek said it would be acceptable to make it a condition of the project that this issue of storm water management be resolved prior to City Council approval. Gibson asked what would constitute a resolution of this issue. Holecek speculated that one resolution would be that there be no additional burden on an already overburdened system by this particular project. She said it would have to be demonstrated by looking at the watershed. Chait said he believed that a successful resolution would be one in which everyone was in agreement, and there was no lawsuit. Public discussion closed. Planning and Zoning Commission September 17, 1998 Page 19 MOTION: Bovbjerg moved to approve ANN98-000~/RF798-0004/SUR98-00t4, an application submitted by Silvercrest, to annex approximately 19.81 acres and rezone 21.53 acres from Low Density Single-Family Residential (RS-5), County A1, Rural and CH, Highway Commercial, to Planned Development Housing Overlay (OPDH-12) and for a preliminary plat of Silvercrest, a 21.53 acre, 4-lot subdivision located at the southeast corner of Scott Boulevard and American Legion Road subject to agreements and easements for the provision of sanitary sewer service, substantial compliance with the OPDH plan and elevation drawings which indicate the buildings will have a masonry exterior, and subject to either demonstration that this project does not contribute to the overburdened storm water management system to the south draining onto the Prybil property or an otherwise satisfactory resolution of the storm water drainage concern to Eldon Prybil. Chait seconded the motion. Holecek said that the burden cannot be placed on this particular development to solve the problem of an entire watershed or two watersheds. Chait said there was some conversation that said that this project would divert water from one watershed to another. Gibson said this discussion demonstrates the impracticality of getting a satisfactory agreement of this as a condition of getting it approved by City Council. He said this is not just a subdivision or a rezoning but is an annexation request, and it seems the City is under an extraordinary burden in this case to guarantee that these problems will not happen. Gibson said he disagreed with the notion that this would penalize or hold hostage this particular development, and the Commission is in a position to say no if the infrastructure support for this development cannot be provided. He said that if the infrastructure support cannot be provided and protect Prybil at the same time, the Commission had no business approving this. He said he would vote no to anything short of deferral until this issue is taken care of in a different matter. Holecek agreed that it was accurate that an annexation requires the City to show that there is adequate infrastructure. Miklo asked Lawrence if he would agree to defer this application for another two weeks, and Lawrence was willing to do so. Chait said that Gibson's point was valid, that when the City annexes property, it has to be able to make it work, and it takes on certain liabilities and responsibilities when it does so. WITHDRAWAL OF THF MAIN MOTION: Bovbjerg withdrew the original motion. MOTION: Bovbjerg moved to defer ANN98-OOO?IRF798-OOO41SUB98-O0~4, an application submitted by Silvercrest, to annex approximately 19.81 acres and rezone 21.53 acres from Low Density Single-Family Residential (RS-5), County A1, Rural and CH, Highway Commercial, to Planned Development Housing Overlay (OPDH-12) and for a preliminary plat of Silvercrest, a 21.53 acre, 4-lot subdivision located at the southeast corner of Scott Boulevard and American Legion Road to the October 1, 1998 meeting of the Planning and Zoning Commission. Chait seconded the motion. Bovbjerg wanted the record to show that the reason for deferral is that the question of storm water management must be either resolved or substantially on its way to resolution before the vote in two weeks. Planning and Zoning Commission September 17, 1998 Page 20 The motion c:~rrled on ~, vote of 6-0. ANN98-0004/RF:798-0015. Discussion of a City-initiated application to annex and rezone the Court Street right-of-way, containing 4.45 acres, from County RS, Suburban Residential, to Low Density Single-Family Residential (RS-5) and Public (P) for property located at the east terminus of Court Street. Kugler said that normally the Commission takes two meetings for an annexation and rezoning; however the Commission had discussed disposing of this item in only one meeting. He asked that the Commission defer this until the October 1, 1998 meeting because not all of the property owners adjacent to this area were notified. Public discussion: There was none. Public discussion closed. MOTION: Shannon moved to defer ANN98-00041RF798-0015, a City-initiated application to annex and rezone the Court Street right-of-way, containing 4.45 acres, from County RS, Suburban Residential, to Low Density Single-Family Residential (RS-5) and Public (P) for property located at the east terminus of Court Street, to the October 1, 1998 meeting of the Planning and Zoning Commission. Chait seconded the motion. The motion carried on a vote of 6-0. VACATION ITF:M: VAC98-0005. Discussion of a City-initiated application to vacate the Madison Street right-of- way south of Prentiss Street, Des Moines Street right-of-way west of Capitol Street, and the 20- foot wide alley south of Prentiss Street and West of Capitol Street. Gibson left the meeting at this point due to a conflict, because he is an employee of The University of Iowa and is very involved in this project. Miklo said staff recommended approval of this item subject to the University submitting proof of ownership of adjacent parcels of property, subject to all necessary utility easements being retained, and subject to a 20 foot wide emergency vehicle access being retained from Prentiss Street to the Iowa Interstate Railroad tracks between Capitol Street and the Iowa River. Public discussion: There was none. Public discussion closed. MOTION: Chait moved to approve VAC98-0005, a City-initiated application to vacate the Madison Street right-of-way south of Prentiss Street, Des Moines Street right-of-way west of Capitol Street, and the 20-foot wide alley south of Prentiss Street and West of Planning and Zoning Commission September 17, 1998 Page 21 Capitol Street subject to all necessary utility easements being retained, and subject to a 20 foot wide emergency vehicle access being retained from Prentlss Street to the Iowa Interstate Railroad tracks between Capitol Street and the Iowa River. Ehrhardt seconded the motion. The motion carried on a vote of 4-1, with Shannon voting no. Shannon said he voted against this vacation because he feels The University usually gets what it wants, and he questioned whether the City has gotten a fair shake in the past. He said that was why he asked at the informal meeting what the City was getting in return, and at the time, it sounded like the City was not getting anything. COD[= AMFNDMFNT ITFM: Discussion of an amendment of Zoning Chapter subsection 14-6L-1A, provisional uses of the zoning code to permit accessory apartments in accessory buildings to remove the requirement that occupancy is limited to an eider or person with disabilities. Miklo said this item was to be deferred at the request of Doug Boothroy. Public discussion: Therewas none. Public discussion closed. MOTION: Bovbjerg moved to defer discussion of an amendment of Zoning Chapter subsection 14-6L-1A, provisional uses of the zoning code to permit accessory apartments in accessory buildings to remove the requirement that occupancy is limited to an eider or person with disabilities. Ehrhardt seconded the motion. The motion carried on a vote of 5-0. CONSIDFRATION OF THI= SFPTFMBF:R 3. 1998 P~ ANNING AND .7ONING COMMISSION MFFTING MINUTFS: MOTION: Shannon moved to approve the minutes of the September 3, 1998 Planning and Zoning Commission meeting as amended at the informal meeting. Bovbjerg seconded the motion. The motion carried on a vote of 5-0. PI ANNING AND 7ONING COMMISSION INFORMATION: Holecek said she could not attend the Commission's October 1, 1998 meeting but that another City Attorney would be present. Supple said that Phil Shive had submitted his letter of resignation from the Planning and Zoning Commission, effective September 8, 1998. ADJOURNMFNT: Planning and Zoning Commission September 17, 1998 Page 22 The meeting was adjoumed at 1 O: 15 p.m. Pam Ehrhardt, Secretary Minutes submitted by Anne Schulte ppdadmin~'~ins~o&zg-17.doc IOWA CITY PLANNZN6 & ZORN6 COMt~I55ION MEET~N6 THUI~SOA ~, 5EPT~MBEt~ 17, 1998- 7,'30 P.M Civic C~nte? Council Chorebets 516N IN SHEET ~~~ ~~ Add?ess t~rl ~. C./L4 .)(---/.,.~ Phone 35'/-~,,'l/o Z 10. 1I. 13. 14 16 1Z MINUTES PUBLIC ART ADVISORY COMMITTEE TUESDAY, AUGUST 4, 1998 - 11:30 A.M. CITY MANGER'S CONFERENCE ROOM - CIVIC CENTER MEMBERS PRESENT: Rick Fosse, Gary Nagle, Nancy Purington, Terry Trueblood MEMBERS ABSENT: Deborah Galbraith, Kevin Hanick, Lesley Wright STAFF PRESENT: Karin Franklin, Joyce Carroll, David Schoon OTHERS PRESENT: Bob Kost, Jim Harbaugh CALLTO ORDER: Franklin called the meeting to order at 11:40 a.m. PUBLIC DISCUSSION: There was none. CONSIDERATION OF THE JULY 9, 1998, MEETING MINUTES: MOTION: Fosse moved to approve the July 9, 1998, meeting minutes. Purington seconded the motion. The motion carried by a vote of 4-0. DISCUSSION OF THE DOWNTOWN STREETSCAPE PROJECT WITH BOB KOST: Kost asked what the timing was for engaging an artist for the water feature. Franklin said the call is due back September 15, and she explained the selection procedure. She said the Committee needs to decide when to have the preliminary cuts and final presentations. Kost said that they need the artist working on their design team by early October in order to get going on the plumbing and hydraulics, and have the project out for bid in early January 1999. He said they are planning to start construction in April 1999. Franklin said that the feature will be primarily pavement with jet-style water effects. Kost asked if the water feature would be part of the general Phase II bid, or be on its own. Purington asked how Kost broke down their budget for the project. Kost said they originally met with a fountain consultant and budgeted $250,000 for four to five vertical jets, water works, timing and electronics, and the removal of the current feature. Purington noted that the call should say that the $59,500 should cover surface design and fabrication, and all the timing effects and hydraulic engineering will be covered by the Downtown Streetscape budget. She said that the artist can collaborate with the engineer for the water effects to make sure that they do not go over budget. Nagle said that he would hate to limit an artist to $59,500 if there is a total budget of $250,000 for the project. Franklin noted that the City is trying to contain costs for all phases of the downtown project, so there may not be $250,000 available for the water feature. Kost said that currently they are using $200,000 as the water feature budget figure. Purington said that it would not be difficult for an artist to stay within the $59,500 budget, and they would give the best project they could for that money. Kost said the Committee could let the artist know that they will be working with $59,500 for the surface component and fabrication from a total project budget of $200,000. Franklin said the Committee does not have the latitude to use the entire budget for an art component at this time. Public Art Adviso~ Commi~ee Minutes August4,1998 Page 2 Purington asked if there would be money in the original budget that could be used for some of the artt effects. Kost said that $38,000 was put in the budget for surface treatment in the removal of the current pavers and installation of new ones. He said the space is 48 feet by 48 feet, and the paving is about $20 per square feet. He noted that the feature surface size could fit the entire 48 by 48, but Committee members should remember that an artist might create something smaller, like a 20 foot by 20 foot piece. Then the budgeted money would need to be used to fill in the rest of the paving, so that $38,000 is not totally useable for the art component. Purington asked if the $59,500 needed to cover installation costs. Franklin said that if the installation can be done by a general contractor and specified, it may be included in the entire Phase II bid. But if the feature must be installed by the artist or under the artist's direct supervision because it is specialized then it does not have to be bid. Kost said he thought the artist should have control over the water feature installation, not a general contractor. Purington noted that the call should read that the $59,500 includes surface materials, fabrication and water feature installation. Kost said that artist can either install it themselves, or hire their own contractor to help with the installation. After some discussion, the group decided that the contract for installation of the art component should be separate from the Phase II contract. Members decided on the following timeline for the water feature project: Sept. 15 - Calls due back to PAAC Sept. 20 - PAAC goes through all the replies and cuts out any that do not match the requirements Sept. 25 - The selection panel cuts the remaining group to two or three finalists. Oct. 9 - Finalists submit final proposals. Oct. 12-15 - PAAC holds a public hearing and make a recommendation to the City Council. Oct. 19 -- Presentation to the Council regarding the recommended water feature and artist (possibly). Oct. 20 - Council meeting to consider PAAC's recommendation. Kost said he wanted to discuss other opportunities for public art in the Downtown Streetscape Project. He said that there are two sculpture pads scheduled for Black Hawk Mini Park, and the project has budgeted for four more pads in the downtown area. He also pointed to the area on the map that includes Phase II of the downtown project. Franklin noted that the Iowa Avenue project could also use public art components. Kost emphasized that the art could be functional as well as for display. For example, he said that the planned benches could be swapped out at a later date for artist-designed benches or seating pieces. Franklin said she thought the Committee needed to decide if the sculptures would be permanent or rotating exhibits, or if they wanted a combination of the two, and then decide where the sculptures should be located. She noted that if the sculptures are rotating, there needs to be enough room around the pads to be able to change the sculptures. Purington suggested placing pads on the exterior part of the plaza as a rotating gallery, and possibly having pads located in the inner part of the plaza that would hold permanent pieces. She asked if the Committee would have to fund the pads. Kost said no, and that the six, four-by-four frost-footing pads in the current budget would support four tons. Public Art Advisory Committee Minutes August4,1998 Page 3 Nagle said while he thought that there was a lot going on in the Pedestrian Mall area with the kiosks, fountain and landscaping, that is where he thought the remaining sculpture pads could be located. Franklin said pads on the outer areas could draw people to other parts of the downtown. (Carroll left at 12:50 p.m.) Kost said that there were many functional art elements that the Committee could consider, such as lights, benches, street signs or wayfinding signs. Fosse said he thought there might be some public art opportunities on the sidewalks in the Washington Street corridor. Nagle suggested that a seating area/gathering place be created but it need not be public art. Schoon noted that some members of the Downtown Streetscape Committree had strong feelings about wanting sculpture in the area. Nagle said that more sculpture pads would be fine, but maybe they should be limited to the Pedestrian Mall and use other pieces on another leg of the downtown area. Kost suggested that some art pieces could be smaller, almost tabletop in size, because of all the planters and flowerbeds. (Nagle left at 12:58 p.m.) Purington said that Bob Miklo brought a smaller water feature called a bubbler to their attention, and asked if that would be possible. Kost said that they are also looking to remove the white, plastic chain-link fence around the 'flower beds, and they could be replaced with functional art pieces or chain-links created by artists. Fosse said he was game for getting away from the sculpture pads because the more pads there are, the larger the burden on the Committee to keep them filled with art pieces. Kost said he thought the Streetscape Committee would be expecting a little bit of everything in the first two phases, and it would be good to get a little bit of every idea (the sculpture pads, water feature and functional art pieces) going. He said that there will need to be new brick work on the west end of College Street, and Iowa Avenue and Washington Street will also be under construction, so there are other opportunities for pavement The Committee members decided to look at possibilities for two more sculpture pads but also look at functional art elements. Kost said he would suggest places for two pads, varying in size, in the Pedestrian Mall, and get the Committee's reaction. He said that an artist could design a drinking fountain by the playground equipment area. Trueblood said that another art piece could serve as a combination art piece/play apparatus. COMMITFEE TIME/NEW BUSINESS: Members scheduled the next Committee meeting for Thursday, August 13, at 3:30 p.m. ADJOURNMENT: The meeting was adjourned at 1:15 p.m. Minutes submitted by Traci Wagner. ppddir/r~n/art8-4.doc MINUTES PUBLIC ART ADVISORY COMMITTEE THURSDAY, AUGUST 13, 1998 - 3:30 P.M. LOBBY CONFERENCE ROOM - CIVIC CENTER MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: CALL TO ORDER: Rick Fosse, Deborah Galbraith, Kevin Hanick, Gary Nagle, Nancy Purington Terry Trueblood, Lesley Wright Karin Franklin, Joyce Carroll Chairperson Hanick called the meeting to order at 3:43 p.m. PUBLIC DISCUSSION: There was none. CONSIDFRATION OF THE JULY 16. 1998. MFETING MINUTFS: MOTION: Purington moved to approve the July 16, 1998, meeting minutes as submitted. Fosse seconded the motion. The motion carried by a vote of 5-0. DISCUSSION OF APPOINTFES FOR THE SELECTION PANEL FOR THE WATER FEATURE PROJECT: Members decided that they did want to have a panel for the water feature competition. Franklin read the description of the panel composition from the Committee's acquisition procedures. Members discussed art education, possible ad hoc panel members and criteria for panel members. Members also discussed having an "anchor" panel member who was well known in the community. Hanick suggested having seven people on the panel -- two from the Public Art Advisory Committee, two design professionals and three at-large community members. Members chose the following seven people for the panel: Gary Nagle (PAAC), Deborah Galbraith (PAAC), Tom Wegman (design professional), Emily Vermillion (design professional), Valerie Chittick (at-large), Chris Pacek (at-large) and John Gross (at-large). Members chose Nancy Burhaus and Eadie Weaver as at-large alternates. MOTION: Fosse moved to approve the preliminary panel slate. Purington seconded the motion. The motion carried by a vote of 5-0. Franklin said she would contact the seven people and get back to the Committee with their responses. DISCUSSION OF SCULPTURF IN THF DOWNTOWN: Iowa City/Cedar Rapids Outdoor Sculpture Competition Members decided to discuss the sculpture competition idea at a meeting when Wright was present. Public An Advisory Committee Minutes August13,1998 Page 2 Rotating Exhibits Franklin explained the rotating sculpture idea, which would give the City the option to purchase any piece for permanent display. Often in rotating exhibits, the artists may also sell their work to the general public. She said that Bob Kost was told at the last meeting to place two more sculpture pads in the plaza area in Phase II for the Committee to consider. She noted Ames' "Art Around the Corner" rotating exhibit. She said if they went with the rotating exhibit, the pads would have to be easily accessible in order to remove and install the sculptures. Galbraith said they would need at least three pads if the City were participating in a competition with Cedar Rapids. Franklin noted that the City would be hiring a firm soon for the Iowa Avenue renovation project, and said that area is an opportunity for sculpture pads also. Galbraith said that Iowa Avenue should be the last place for the Committee to consider because the Old Capitol, which is the major focal point for the City, is at the end of the street. Fosse said sculpture pads are structurally easy to add in later if necessary. Franklin said that smaller, discovery pieces were also mentioned. Members decided to pursue the rotating sculpture exhibit. Sculptures in the Pedestrian Mall Nagle suggested that the three sculpture pads be placed mid-block throughout the Pedestrian Mall; one on the Dubuque Street leg between Washington and College Streets, one on the College Street leg between Linn and Dubuque Streets and one on the College Street leg between Dubuque and Clinton Streets. This could give a total of five sculpture pads in the Pedestrian Mall. Members agreed with that idea. Franklin said she would get the information to Kost for him to place the sculpture pads in the Phase II plan. DISCUSSION OF REMAINING PAAC BUDGET FOR FY99 ($25,000): Hanick noted the idea of the outdoor plaza furniture swapped out for artist-designed benches. Fosse suggested an artist-designed drinking fountain by the playground equipment, and said the benches can be swapped out at any time. Purington said she would like to do a drinking fountain, chairs and a replacement for the white, plastic chain-link in the planters. Galbraith suggested a project that involved art designed by school children. Hanick said he thought the chain should be integrated with the entire Downtown Streetscape design. Purington suggested hiring one artist to do all the design to keep continuity in the Pedestrian Mall. Members decided to have a competition for a drinking fountain with the remaining $25,000. COMMITTEE TIME/NEW BUSINESS: Franklin said the next Committee meeting is scheduled for Sept. 3 at 3:30 p.m. Fosse, Purington and Hanick decided to meet the evening of Sept. 17 to do the initial review of the water feature submittals. Franklin said she would send copies of the submittals to Fosse, Purington and Hanick on Sept. 15, so they would just need to meet on the 17th to look at the slides and discuss the submittals. Franklin said they have sent out over 800 calls for the water feature competition. ADJOURNMFNT: MOTION: Fosse moved to adjourn the meeting. Nagle seconded the motion. The motion carried by a vote of 5-0, and the meeting was adjourned at 5:13 p.m. Minutes submitted by Traci Wagner. ppddir/min/artB-13.doc MINUTES RIVERFRONT AND NATURAL AREAS COMMISSION WEDNESDAY, AUGUST 19, 1998--5:30 P.M. CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: ALTERNATE: MEMBERS ABSENT: STAFF PRESENT: Tom Riley, Lynn Rose, Richard Hoppin, Larry Wilson, David Thayer, Gretchen Grimm Ken Fearing (for Barb Endel) Cortney Daniels, Lori Goetsch, Dan Mascal, Joe Kral, Barb Endel Brad Neumann, Crissy McMartin 1. CALL TO ORDER Vice-chairperson Riley called the meeting to order at 5:38 p.m. 2. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA Thayer requested an update on the Clear Creek corridor planning, including the bicycle trail, as it may have a bearing on the Sensitive Area Ordinance. Wilson responded that there are two committees involved with the Clear Creek corridor planning: a University of Iowa committee and a Coralville committee. According to Wilson, the University of Iowa has received funds to construct a bridge over Highway 6 as part of the Health Sciences project, half of which is from the local ISTEA funding. The University of Iowa hopes to receive the additional half from state funds. The chances of receiving these funds are greatly increased if more parts of the community are involved; therefore, the University of Iowa committee has teamed up with the Coralville committee. The state has recently expressed a willingness to pay a consultant to help the two committees plan and prepare an application. Wilson attended a meeting of the Coralville committee where members discussed aligning the trail along the creek. At this point, it appears as if the trail will be located on the north side of the creek and will join the trail that connects North Ridge Park to North Liberty. Approximately near King's Material, the trail will branch south and cross the creek and go through the University of Iowa recreation area and connect to the stop light at West High and branching northward towards Highway Six as part of the widening process which will eventually connect to the dam. The trail will then continue along Hawkeye Park Road until the Mormon Trek intersection. The committees' main concern is finding a place for the trail to cross Mormon Trek. Neither the Hawkeye Park Road stoplight nor the Highway Six stoplight are ideal locations, as nearby housing units would all have to go out of their way to cross the street. The committees am concerned that residents will not use the trail if it is inconvenient. The trail would continue from Mormon Trek through the campus, connect with the lower Finkbine trail and eventually lead to the Iowa River. A third committee involved is the Clear Creek Visioning committee, of which Wilson is a member. Other members of this committee include approximately fifteen residents from the county and cities along Clear Creek. The purpose of the Clear Creek Visioning committee is to determine what should be done with the Clear Creek corridor, including the aforementioned trail. The committee addresses such concerns as flood control in Coralville, runoff from the Coral Ridge Mall, erosion along the creek, and determining an ideal buffer. Eventually the committee will develop a strategy and raise public interest in the matter. The Clear Creek Visioning committee should be completed in December. The other two committees should be done in September. Riveffrontand NaturalAreas Commission Minutes August19,1998 Page 2 Thayer, who is a member of the ~oralville committee, expressed concern that the podion of the trail near Highway Six will affect connections with, among other things, the Peninsula Park. Wilson discussed alternate routes: a possible trail on First Avenue, Coralville, a trail that follows the creek to the river, and in Iowa City the former plans for a trail that was to connect with the Willow Creek Trail. 3. CONSIDERATION OF THE MINUTES OF THE JULY 15, 1998 MEETING There were no changes. MOTION: Grimm moved to approve minutes from the July 15, 1998 meeting as presented. Riley seconded the motion. The motion was carried on a vote of 7-0. 4. COMMISSION DISCUSSION A. Discuss Sensitive Areas Ordinance A letter written by Goetsch, who was not present, and related articles were reviewed. Neumann said that the letter brought up wetland issues and Goetsch's concern that there was no clear definition of what constitutes harming a wetland. Neumann suggested assembling a subcommittee to review the matter and make a recommendation. Riley said that the issue should wait until Goetsch was present. B. Review Flood Plain Management Ordinance recommendation letter Neumann distributed a summary note from a three-member subcommittee. This draft of the letter has been faxed to Daniels, who will revise and sign it before it is sent. Neumann described the content of the letter as the committee's conclusion that the Flood Plain Ordinance had technically achieved what was expected of it. Neumann asked what recommendations should be made to Planning and Zoning regarding the future of the flood plain. The Planning Director had suggested to Neumann that these recommendations be made through the Flood Plain Management Ordinance, rather than the Sensitive Area Ordinance. Neumann was unsure as to how much of the land was left to develop. Wilson said that recommending against any development in the flood plain would not go over, as he predicted that some types of developments would be deemed acceptable. Thayer compared local ordinance to development in a flood plain with that of another town where no one could sleep in a flood plain. Neumann said that if funds are available, the city does purchase flood plain land. Rose asked if there was any method to determine how much property was involved and where. Neumann said that there was not much undeveloped property remaining, but most of what was left was located in the south part of Iowa City. Until an estimate of how much of this property exists, it was determined that the letter would wait. C. Update on EIk's Club driving range proposal According to Neumann, the EIk's Club has yet to provide the information requested by the City Attorney. D. Update on Peninsula and Waterworks Park planning Neumann referred commissioners to a copy of the original Peninsula Park plan and additional color pictures. A second, updated concept is to arrive later. Neumann Riverfront and Natural Areas Commission Minutes August 19, 1998 Page 3 discussed changes that have since occurred that do not appear on the original map, such as adding curves to the trail, relocating the Interpretive Center and straightening or relocating the road as a buffer. Neumann also addressed concerns regarding access to the park and runoff from the housing area above the park. Wilson discussed how the intent of the park is to relate the original townships and how burning the underbrush has affected the landscape. Riley asked if burning was still an option. Neumann said that it could be a possibility. Regarding Waterworks Park, a staff meeting with the consultant to present the first concept is scheduled for August 27, 1998. E. Review RNAC's annual commission report to City Council Neumann said that the RNAC needed to provide the city with its annual report. Commissioners reviewed the proposed list of goals for the fiscal year of 1998 and Neumann made a list of activities that had been completed and those that would continue to be ongoing in 1999. It was determined that the RNAC had accomplished review and comment of the Iowa City Comprehensive Plan. Participation in joint committee in preparing plans for Iowa City peninsula area had been accomplished and would continue to be an ongoing activity. The RNAC did and will continue to assist in the future planning for the Butler House on the Iowa City water plant site. In 1999, the RNAC will assist in developing a creek maintenance program. The flood plain ordinance is an ongoing activity. The RNAC completed advocacy for an inventory of natural and sensitive areas on the Iowa City Peninsula area. Continuing to support and advocate development of the Iowa River Corridor Trail is both accomplished and ongoing. Involvement with FIRST on river trail issues is ongoing. It was agreed that the RNAC would continue to review development projects impacting the river front and natural areas when called upon to do so and develop ad-hoc committees as needed. There will be ongoing participation in the review and development of the Sensitive Areas ordinance and other ordinances as required. The RNAC successfully sent a representative to JCCOG's Regional Trails and Bicycling Committee. It will continue to sponsor events focusing on sensitive areas. The RNAC plans to participate in other events, such as Arbor Day. F. Riverview Place development update Neumann said that Planning and Zoning recommended denial of the proposal at their last meeting. Neumann said that Daniels had attended the meeting. Wetlands were not focused on and it seemed as if access was the basis for denial. According to Neumann, the developer can present his case to City Council, who can override the Planning and Zoning decision. There will be a public hearing on the issue on August 25, 1998. The Commissioners decided against writing a letter. 5. COMMISSION REPORTS A. Report from JCCOG Regional Trails and Bicycling Committee (RTBC) representative The RTBC representative was not present at the meeting. B. Report from Parks and Recreation Commission representative The Parks and Recreation Commission representative was not present at the meeting. Riverfront and Natural Areas Commission Minutes August 19, 1998 Page 4 6. OTHER BUSINESS Riley requested clarification of land acquisition funds. Hoppin asked if the trail being built along Riverside Drive would be located behind the businesses and Wilson confirmed that it would be. Wilson discussed the trail, the University of Iowa parking lot being constructed for the Hydraulics lab and problems associated with plans to build a kiosk near that parking lot. The project should be done by December. Neumann presented an application for a $317,000 REAP grant for the South Sycamore Regional Green Space Project done by City Engineer Jeff McClure. Commissioners were impressed by its appearance. Rose said funding might depend on the unique situation presented here. 7. ADJOURNMENT MOTION: Grim moved to adjourn the meeting. Rose seconded the motion. The motion was carried on a vote of 7-0. The meeting was adjourned 7:03 p.m. ppdadmin/min/mac0819.doc