HomeMy WebLinkAbout2012-05-24 Info Packet& �. Q tl am 0
I. CITY OF IOWA CITY
www.icgov.org
CITY COUNCIL INFORMATION PACKET
MISCELLANEOUS
IN Council Tentative Meeting Schedule
May 24, 2012
IP2 Memo from Transportation Services Director to City Manager: Taxi Stands in downtown
Iowa City
IP3 Memo from PCD Director and Transportation Planner to City Manager: Delay RFP for north
east corner of College St. /Gilbert St.
IP4 Memo from Assistant Transportation Planner to Transportation Planner: Washington Street
Two -Way Project
IP5 Email from City Manager: Letter to Editor
IP6 Email from City Manager: AM Update from the Corridor Business Journal
IP7 Copy of Letter from James Bell to Sally Mason: Underage Drinking Enforcement
IP8 Copy of Letter from James Bell to Police Chief: Seminar
IP 9 Article from City Manager: Density in Cities
IP 10 Article from City Manager: Car - Sharing
DRAFT MINUTES
IP11 Board of Adjustment: May 9
IP12 Planning & Zoning Commission: April 30
IP13 Planning & Zoning Commission: May 3
r IP1
,f.�r City Council Tentative Meeting Schedule
�*1 May 24, 2012
CITY OF IOWA GTY
Date
Time Meeting
Subject to change
Location
Tuesday, June 05, 2012
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
Tuesday, June 05, 2012
7:OOPM
Regular Formal Meeting
Emma J. Harvat Hall
Tuesday, June 19, 2012
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
Tuesday, June 19, 2012
7:OOPM
Regular Formal Meeting
Emma J. Harvat Hall
Wednesday, June 20, 2012
4:30PM
Joint Meeting
Johnson County TBA
!'P 1Ti 1
Wednesday, July 04, 2012
Independence Day - City Offices Closed
Tuesday, July 10, 2012
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
Tuesday, July 10, 2012
7:OO13M
Regular Formal Meeting
Emma J. Harvat Hall
Tuesday, July 31, 2012
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
Tuesday, July 31, 2012
7:OO13M
Regular Formal Meeting
Emma J. Harvat Hall
Tuesday, August 21, 2012
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
Tuesday, August 21, 2012
7:OOPM
Regular Formal Meeting
Emma J. Harvat Hall
CITY OF IOWA CITY 1P2
MEMORANDUM
Date: May 22, 2012
To: City Manager
From: Chris O'Brien, Transportation Services
Re: Update: Taxi Stands in Downtown Iowa City
Introduction
Due to concerns raised over late night taxi loading, we have been evaluating locations of
dedicated taxi areas throughout downtown Iowa City.
Background
Currently there are 12 registered taxi companies in Iowa City with 91 licensed vehicles. During
late night service hours, from 10:00pm — 2:30am, there is a lack of open, legal space for taxi's to
stand, load and unload customers in downtown Iowa City. This has resulted in taxi's parking
vehicles in the middle of Dubuque Street and in the middle of travel lanes while they await
potential customers. The Iowa City Police Department has issued several citations to taxi's in
locations that have created an unsafe environment for vehicles and pedestrians.
A few years ago an attempt was made to address this same issue and at that time a
recommendation was made to convert all loading and commercial loading zones in downtown
Iowa City to taxi stands after 6:00pm. This change was met with resistance and eventually
failed as the dedicated areas were spread out and not effective.
Discussion of Solution
Over the past few months, staff from Planning, ICPD, Legal and Transportation Services have
been working on a recommendation to address taxi stand location issues in order to provide a
structured environment for taxi's to stand, load and unload passengers in a safe manner. These
recommendations will include multiple locations where space will be designated for use by taxis
between the hours of 10:00pm — 2:30am.
Conclusion
We are currently in the process of reaching out to taxi companies and businesses in downtown
Iowa City to request feedback as it relates to dedicating areas for taxi stands during the late
night hours. We will provide City Council with a formal recommendation after that feedback has
been received and any adjustments have been made to our initial concept for them to take
action.
Please contact me anytime with questions or comments at Chris- Obrien(d-)Iowa- City.org, or by
phone at 356 -5156.
Cc: Darian Nagle -Gamm
Rick Wyss
Eric Goers
`mM'` h
Date: May 16, 2012
CITY OF IOWA CITY
MEMORANDUM
To: Tom Markus, City Manager
From: Jeff Davidson, Director, PCD
John Yapp, Transportation Planner `7 %
Re: Delay is issuing Request for Proposals for property at the north east corner of College St
/ Gilbert St
Background
Staff is developing a Request for Proposals (RFP) for the property at the north east corner of
College St / Gilbert St. The City owns three parcels in this block. There is also an electric
substation property, which is owned by MidAmerican Energy. These properties are being
marketed; we had hoped to issue the RFP in early May.
Type of development contemplated
A mixed -use facility of downtown densities (CB -10 Zone) is contemplated. Consistent with
downtown zoning, commercial or office uses will be required on the first floor, with upper floors
able to be office, residential, hotel, or a mixture. Based on interest in the property, we anticipate
a range of proposals will be submitted for consideration.
There has been some media attention to New Pioneer Co -Op interest in the property for the
purpose of relocating their downtown store to this location, as part of a mixed -use development.
We have been advising groups interested in the property that all development proposals for the
property will be considered through the RFP process, and that neither the Co -Op nor any other
development interests have any contractual rights to the property. Any retail, office or personal
service use, including the Co -Op, would be permitted as a tenant or owner in the CB -10 Zone.
Environmental Review — Cause for Delay
Proposers will want to know the environmental status of the property. We have received the
results of a Phase I environmental review, which is an analysis of past users of the property to
determine the likelihood of environmental contaminants. The review identified past users
including auto repair, drycleaners, metal shop, and coal storage. While the review concluded
there is no immediate environmental concern, a Phase II study is recommended. A Phase II
study consists of soils testing, identification of any pollutants which would be disturbed with
redevelopment, and recommendations for mitigation to result in a 'clean' site. We have ordered
the Phase II study, and expect it to be complete within two to three months. We have delayed
issuance of the RFP so that the results of the Phase II study can be included in the RFP.
Conclusion
We plan to release the RFP once we receive the results of the Phase II environmental study.
Proposals will be reviewed in the context of the City Council's economic development policies
and downtown strategy. There has been much interest in the site due to its close proximity to
the pedestrian mall, adjacency to a parking facility and public park, and the property size.
Let us know if you have any questions.
CITY OF IOWA CITY IN
MEMORANDUM
Date: May 17, 2012
To: John Yapp, Transportation Planner
From: Kristopher Ackerson, Assistant Transportation Planner
Re: Washington Street Two -Way Project
This memorandum provides a summary of the completed project reverting Washington Street
from one -way to two -way traffic in downtown Iowa City.
Background
The two -block segment of Washington Street between Clinton and Linn Streets was converted
to one -way as part of the Iowa City urban renewal program in 1976. Most one -way streets are
long corridors paired with another traveling the opposite direction — this allows traffic to flow
more quickly in each direction to reduce congestion. Unlike the Dodge /Governor and
Market/Jefferson Street pairs, Washington Street was the only stand -alone one -way street in
Iowa City.
Based on input obtained during the planning process for the Metro Bicycle Master Plan (2009),
as well as input from the Downtown Association in June 2011, the City Council directed staff to
return Washington Street to two -way traffic (see enclosed maps). The benefits of this project
include:
• Ease of understanding the downtown street circulation system.
• Likely modest increase in traffic volumes in front of Washington Street businesses.
o Improved emergency vehicle access and response times.
• Improved access to parking structures.
• Enhanced bicycle access (westbound) to downtown and west campus.
• Pedestrian safety — slower moving traffic at intersections.
Project Schedule
Construction was expected to last approximately two weeks beginning March 9 -12 and be
complete by March 30. The timing of construction coincided with spring break to minimize
disruption of access to downtown businesses. During construction, the north travel lane and
parking on Washington Street was temporarily closed between Dubuque and Clinton Streets,
and the south lane and parking were temporarily closed between Dubuque and Linn Streets.
The weather was suitable for construction and work was completed ahead of schedule on
Tuesday, March 201h, 2012.
Outcomes
The project has been received well by the public. Prior to construction both the DTA and Press
Citizen editorial board expressed support for the project. Following the re- opening of the
roadway, one business requested the north lane general loading zone near Panchero's be
restricted to commercial parking only. The results of a loading zone survey of effected
businesses did not suggest a clear endorsement either way:
SAJCCOG \TRANS \Traffic Studies \Corridor Study \Washington Street Two -way Study \Project Completion Summary.docx
• 4 responses - YES, I would LIKE to see this loading zone converted from general
loading zone to commercial loading only from 8AM to 5PM.
• 2 responses (one of which proposed 6a -2p) - YES, I would LIKE to see this loading
zone converted from general loading zone to commercial parking only from 6AM to
10AM and remain general loading zone from 10AM to 5PM.
• 4 responses - NO, I would NOT LIKE to see this loading zone converted from general
loading zone to commercial parking only.
Staff also did hourly spot counts of the number of personal vehicles and commercial vehicles in
the two loading zones on this block of Washington — although it was just a one -day sample,
more than half of the loading spaces were vacant throughout the day, suggesting there are
spaces available for commercial vehicles. Based on these results, staff did not recommend
changing the existing loading designation.
Consistency with Strategic Plan
This project completes one of City Council's Strategic Plan `defined actions' related to
development of the Downtown and near Downtown areas (p. 3). The improved traffic circulation
patterns have improved visitors' ability to find their destinations and parking, while Washington
Street is becoming a popular bike route through downtown. Both of these outcomes are
expected to have a positive effect on business in the area. Additionally, the new westbound
access has improved emergency response times, enhancing safety throughout Downtown.
Conclusion
The project was a success in multiple regards. The concept was submitted by residents as part
of the planning process for the Metro Bicycle Master Plan and is a good illustration of
government responding to resident concerns. Multiple city departments and divisions
coordinated well throughout the planning, design, and construction to ensure the traffic and
parking changes rolled -out without incident.
CC: Rick Fosse
Ron Knoche
Darian Nagle -Gamm
Dave Panos
S: \JCCOG \TRANS \Traffic Studies \Corridor Study \Washington Street Two -way Study \Project Completion Summary.docx
S: \JCCOG \TRANS \Traffic Studies \Corridor Study \Washington Street Two -way Study \Project Completion Summary.docx
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LUMM
Marian
From:
Tom Markus
Sent:
Tuesday, May 22, 2012 10:29 AM
To:
Julie Voparil
Subject:
FW: Letter to the editor
For next info packet
From: Stefanie Bowers
Sent: Tuesday, May 22, 2012 9:58 AM
To: Tom Markus
Subject: FW: Letter to the editor
From: Charis Carlson, Jeff [ mailto :jcharisc @iowacity.gannett.com] On Behalf Of Press - Citizen, Opinion
Sent: Tuesday, May 22, 2012 9:57 AM
To: Harry03 @aol.com
Cc: Stefanie Bowers
Subject: RE: Letter to the editor
Thanks for sending this in. I can run the letter in the next few days.
Jeff
Jeff Charis- Carlson
Opinion page editor
Iowa City Press - Citizen
123 N. Linn St. Suite 2E
Iowa City, IA 52245
office: 319 - 887 -5435
cell: 319 - 330 -3321
www.press - citizen.com
From: Harry03 @aol.com [mailto:Harry03 @aol.com]
Sent: Tuesday, May 22, 2012 9:06 AM
To: Press - Citizen, Opinion
Cc: stefanie- bowers @iowa - city.org
Subject: Letter to the editor
I'm writing in regards to the recent article in the May 21 Press Citizen by Tara Bannow titled Iowa City struggles to fill positions.
In it Ms Bannow indicates that "Some of these groups - such as the Airport Commission, Board of Adjustment, Historic
Preservation Commission, and Planning and Zoning Commission - are required by Iowa law..." She forgot to mention that the
Human Rights Commission (HRC) is also mandated by Iowa law. As chairperson of the HRC, I serve at the pleasure of the City
Council because I feel it is my civic responsibility to give back to my community. I would encourage you to consider sharing your
time by applying for one of the many boards and commissions this city has to offer. The HRC currently has a vacancy for an
unexpired term.The deadline for applications is May 30 by 5 PM at City Hall. Applications can be obtained by going to the
Human Rights Commission web -site at icgov.org.
Sincerely,
Harry Olmstead
1951 Hannah Jo Ct
Iowa City, IA 52240
319- 338 -2931
Marian Karr I IP6
From: Tom Markus
Sent: Tuesday, May 22, 2012 1:31 PM
To: Julie Voparil
Subject: FW: May 22 AM Update from the Corridor Business Journal
Please include in the info packet
From: Tracy Hightshoe
Sent: Tuesday, May 22, 2012 11:46 AM
To: Tom Markus; Jeff Davidson; Wendy Ford; Geoff Fruin
Cc: Jodi DeMeulenaere
Subject: May 22 AM Update from the Corridor Business Journal
Hello.
Good news. Oasis Falafel, a CDBG assisted business, is one of the 25 fastest growing companies as identified by the
Corridor Business Journal. They were selected for their revenue growth during the past three years. Oasis Falafel
received a $25,000 CDBG loan, combined with a SBA Loan to open their business back in 2004 (City FY05). They
repaid their CDBG loan on time, with interest and appear to be thriving.
Yraey IMPANA06
City of Iowa City
410 E. Washington St.
Iowa City, IA 52240
319.356.5244
Fax 319.356.5217
www.icoov.org
From: Corridor Business Journal [mailto :news @corridorbusiness.com]
Sent: Tuesday, May 22, 2012 10:19 AM
To: Tracy Hightshoe
Subject: May 22 AM Update from the Corridor Business Journal
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Fastest Growing Companies unveiled
At its annual Fastest Growing Companies event this morning, the Corridor
Business Journal awarded 25 companies for their revenue growth during
the past three years.
The awards were presented at the Coralville Marriott. More information
will be made available in the May 28 edition of the CBJ. Following are the
companies, in order from first to 25th, with percent growth:
Midwest Microwave Solutions, 516.1
MobileDemand, 421.4
Clickstop, 199.3
Compass Commercial Services, 189.1
Lattice Communications, 186.3
Genova Technologies, 146.4
Ovation Networks, 146.2
Crystal Group, 142.3
Health Solutions, 131
Tri- County Enterprises, 110
TMone, 103
MindFire Communications, 89
Raining Rose, 82.4
World Trend Financial, 79.4
Circle Computer Resources, 70.6
BHFO, 70.2
Skywalk Group, 65.4
Fiberutilities Group, 64.1
Hybrid Transit Systems, 60
Innovative Software Engineering, 52.8
Iowa Fluid Power, 50.6
Involta, 45.8
Berthel Fisher & Co., 45.5
Oasis Falafel, 44.9
Geonetric, 44
Iowa Economic Development Authority Board approves awards in
seven communities
The Iowa Economic Development Authority (IEDA) board Monday
awarded financial assistance to four companies for job creation and
expansion projects. The awards will assist in the creation of 77 new jobs,
retention of 35 jobs and will result in $38 million of new capital
investment to the state.
The board approved assistance for planned or proposed projects located in
Ogden, Algona, West Des Moines, Cedar Rapids, Iowa City, Indianola and
Coralville.
B'Amazing Foods, founded in Iowa City in 2009, produces a healthy,
The Demonstration Fund provides financial and technical assistance to
encourage high technology prototype and concept development activities
that have a clear potential to lead to commercially- viable products or
Coming Events
services within a reasonable period of time.
May 22
The fund provides up to $150,000 to encourage commercialization
Coralville Old Town
activities by small and medium -sized Iowa companies in the advanced
proposals, Coralville City
manufacturing, biosciences and information technology industries. The
Hall, 1512 Seventh St., 5:30
primary purpose of the fund is to help businesses with a high - growth
p.m. Public presentations on
potential reach a position where they are able to attract later- stage, private -
redevelopment of Old Town, a
sector funding.
district located south of Fifth
Street, east of Biscuit Creek,
e
The Iowa Innovation Acceleration Fund, one of several funds established
north Clear Creek, and west
under the State Small Business Credit Initiative (SSBCI), promotes the
of First Avenue. A master plan
formation and growth of businesses that engage in the transfer of
for the area was created
technology into competitive, profitable companies that create high paying
through a community -input
jobs. The funds are designed to support commercializing research,
process following flooding in
launching new start-ups and accelerating private investment and industrial
2008. Watts Team/Fusion
expansion efforts that result in significant capital investment.
Architects and Houser
Enterprises/Baxter
Award recommendations for both the Demonstration Fund and Iowa
Construction Co., will present
Innovation Acceleration Fund are made by the Technology and
their concepts for
Commercialization Committee to the IEDA Board for approval.
redevelopment of Old Town.
Each presentation will last n.
MCG BioComposites, based in Cedar Rapids, provides sales and
minutes. Following each
marketing services to companies seeking assistance to commercialize
presentation, questions and
biobased materials. The board awarded the company a $41,300 grant
feedback from the public and
through the Demonstration Fund to develop tools for a plant marker
council will be welcome.
(BioMarkerT), develop new formulations for new biocomposite materials,
market these products through direct marketing and exhibit at specific
industry trade shows and conferences throughout the United States and
Canada. BioMarkerT is made with corn cob fiber and recycled high -
density polyethylene and is marketed to the gardening industry. The
funding would also be used for developing and producing new marketing
I
collateral to help with the promotion of materials.
B'Amazing Foods, founded in Iowa City in 2009, produces a healthy,
baked whole food vegetable and fruit snack bar that is composed of
complex sweeteners and minimally - processed grains. The company was
awarded a $150,000 royalty agreement through the Demonstration Fund to
purchase equipment, ingredients and supplies, secure production labor and
an Eastern US broker and supplement the company's trade show
attendance and marketing efforts.
Midamar (d/b /a Halal Food Processors) was established in 2008 and is
an aspiring Cedar Rapids -based Halal food and organic further- processor
of meat and poultry proteins. HFP is the primary further processing facility
supporting another Iowa -based company and brand, Midamar Corporation,
known as America's pioneer Halal brand since 1974. The company, which
was awarded a $150,000 loan through the Demonstration Fund, plans to
expand its level of raw processing operations to include further processed
cooked proteins which currently are not available under the current level
of operations.
Tutor Universe was founded by Hung Tran and Thomas Hornbeck and
incorporated as a Delaware C Corporation in Iowa City in June 2011. The
company seeks to empower subject matter experts and instruction
consumers all over the world to engage with each other in virtual study
rooms integrated with a social networking platform, creating a compelling
education community. The company was awarded a $150,000 grant from
the Demonstration Fund to develop a social networking -based free market
for online tutoring and connecting students and tutors around the world.
People Statements LLC was formed in Cedar Rapids in 2010 as a
software company that is working on the commercialization of its flagship
product through a rollout in the US and four cities in China (Hong Kong,
Shanghai, Suzhou, and Beijing). The company's flagship product is an
organizational development assessment (GAPMT) that obtains 33
proprietary "generally accepted people metrics." The company was
awarded a $150,000 royalty agreement via the Demonstration Fund to help
the company to move forward with the commercialization of the product,
refinement and market share acquisition.
Coralville -based J &J Solutions, Inc. (d/b /a Corvida Medical) is
commercializing an innovative device to improve safety of preparing and
administering chemotherapy supported through initial funding from
National Cancer Institute, state of Iowa and private venture investors.
The board awarded a $500,000 loan to the company through the
Innovation Acceleration Fund to support these efforts by hiring key
personnel, developing sales and marketing initiatives and securing the
needed patents and certifications. This is the first company to receive
assistance from this program.
Iowa Insurance Division hosts flood awareness meeting in Iowa City
Johnson County residents can learn how to prepare for floods and protect
against property losses at a flood awareness community meeting on May
30. Iowa Insurance Commissioner Susan Voss, along with interagency
partners, invites residents to heighten their flood awareness at 6 p.m., at
the National Guard Readiness Center, at 4540 Melrose Ave.
The "Don't Test the Waters Johnson County - Community Flood Forum" is
intended to provide relevant data to residents and business owners, to help
them make informed decisions about their flood risks.
"Although Iowa has had less winter and spring precipitation so far this
year than in recent years, heavy rains and flash flooding can occur at any
time," said Maren Stoflet, service hydrologist with the National Weather
Service in a news release.
Ms. Stoflet will give an overview of the National Weather Service in Iowa
and flood forecasting and warnings, as well as provide flood safety tips
and data on how floods have impacted Iowans.
Kris Lund, geographer for the U.S. Geological Survey (USGS), will
provide residents with resources to monitor and stay attuned to streamflow
conditions of local streams and rivers in an overview of the USGS'
WaterWatch/WaterAlert program.
Dr. Witold Krajewski, director of the Iowa Flood Center, will share Iowa
Flood Center research projects intended to provide immediate and relevant
data to communities and individuals, empowering them to make informed
decisions about their flood risks.
The Iowa Department of Natural Resources' (DNR) floodplain
management program planner, Ken Bouma, will discuss the new
floodplain mapping program for Johnson County. These maps are
currently being developed for the Federal Emergency Management
Agency (FEMA), and help residents determine the flood risk zone for their
homes or businesses.
Monique Pilch, an insurance program specialist with the National Flood
Insurance Program, will share information on the National Flood
Insurance Program (NFIP) for residents to review and determine if
purchasing flood insurance can help reduce their risk.
Local government officials will also share their experiences with flood
preparation and mitigation efforts, including emergency preparedness tips.
Dave Wilson, Johnson County Emergency Management Agency
coordinator, will discuss the importance of preparing for a flood - related
emergency, including having an emergency kit with a weather radio and
an evacuation plan. He'll also share information on the Code Red
notification system.
Rick Fosse, director of public works for the city of Iowa City, will give an
update on the city's flood recovery and mitigation projects, including work
completed since the 2008 Flood and projects that are currently under way.
Following the presentations, a panel made up of the presenters -plus Kevin
Landwehr, chief of hydrology and hydraulics for the U.S. Army Corps of
Engineers, Rock Island District -will be available to answer questions from
community members. The Iowa Insurance Division (IID) will host this
public information program presented by the Iowa DNR, Iowa Homeland
Security and Emergency Management, and the National Weather Service.
Planning tools, tips and other guidance can also be found on the state's
web site, www.DontTestTheWaterslowa.gov
KGAN / KFXA HEADLINES
News items provided by KGAN /KFXA
Monday night Kirkwood Community College
hosted the first debate for the Republican
nomination to take on Democrat incumbent
Bruce Braley this fall. The questions ranged
from the economy and job growth to foreign
policy and health care. Both candidates offered similar, if not the same,
answers to many questions, leaving the discretion up to the voter. Both say
they're willing to work across the aisle, and as similar as their opinions,
their goal is to oust Bruce Braley. The Primary Election to choose between
Rod Blum and Ben Lange takes place June 5.
Corn is high, healthy and way ahead of schedule, the government says in
its weekly assessment of the growing season. The nation's corn crop is 96
percent planted, way ahead of last year's 75 percent and the 81 percent
average of the last few years. Iowa is 98 percent planted. The USDA says
76 percent of the crop has emerged nationally. The average is 48 percent.
Iowa is at 81 percent.
Officials say dive teams have ended the water searches for a man believed
to have drowned while trying to cross the Cedar River. Cedar Rapids
firefighters may search along the river's banks on Tuesday. Firefighters
and dive teams searched for several hours Saturday, Sunday and Monday
afternoon. Police say two men were crossing the Cedar River about 7 p.m.
Saturday when one began to struggle in the water. Witnesses told police he
went under the water and did not surface.
KGAN WEATHER
CBS 2 FirstWaming Weather -- We're stuck in the middle of two storm
systems as a strong ridge of high pressure keeps things quiet and
unfortunately dry. Temperatures will continue to slowly warm into the 80s
with a few 90s possible by Thursday afternoon. A chance for storms will
finally arrive Thursday evening and continue through early Saturday
morning.
Forward email
To: Sally Mason
President
102 Church St
Iowa City, IA, 52245c
r-0
r�
From: James Bell
=°
6 South Dubuque St
°
Iowa City, IA, 52245
Dear President Mason 5/21/12
z IP7
vt
,•n
I would like to congratulate you on your successful efforts to curb student drinking on
Thursdays. Our average sales on Thursdays at the Deadwood have declined from an average $1,800 to
an average of $1,200. It is rare to have numbers like this that cannot be spun or twisted by the anti
alcohol forces.
Further success can be seen in combating underage drinking in the operation of certain bars.
Then Sergeant Mike Brotherton was once quoted in the newspaper as saying "90% of the PAULA
citations come from 10% of the bars." I once heard Lynn Walding, then chairman of the Iowa Alcohol
Beverages Division, say 90% of problems come from 10% of the bars. There are about 60 bars in Iowa
City. Of the six bars I believe they were referring to three are now vacant. Two are under new
ownership and the other is making efforts to survive without serving minors.
Despite these significant successes, the Iowa City Police Department continues to ratchet up
enforcement in bars and restaurants that are successfully and sincerely making efforts to comply with
drinking laws in Iowa City. ICPD is applying for grants and other funds that will have the effect of killing
the "Golden Goose" that is the backbone of a vibrant downtown.
The Deadwood has had no PAULA violations since records started being kept in 2007. Despite
this we have had more police "walk thru" in the first four months of 2012 than in all of 2007, 2008, and
2009 combined. Our community would be better served if these scare resoures were allocated to
violent crimes and Iowa City's significant drug problem.
The biggest problem area still rampant is the restaurant exemption for under 21. The
exemption should not be in effect when the kitchen is closed or on a reduced menu.
Thank you for your past leadership and efforts to help downtown.
Cc
Chief Hargadine
Iowa City Council
Karen Kubby
Sincerely,
James Bell
r�
To: Chief Hargadine
410 East Washington St
,.tea
Iowa City, IA, 52245
uc�
From Jim Bell
The Deadwood
6 South Dubuque St
Iowa City, IA, 52245
Dear Chief 5/21/12
IP8 M
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a9;
Quite some time ago my wife, a nurse at the U of I hospitals, was required to attend a seminar
on the street drugs that you may encounter, put on by an officer of the Coralville police department.
A similar seminar would be very helpful for people that work in downtown bars. As owner of
the Deadwood for 21 years, I know that the majority of times I've found myself in hand to hand combat
was with meth addicts. Learning what drugs a person working in the bar industry may encounter, which
might be dangerous, and how to respond appropriately would make downtown safer.
I've often felt badly when people that work for me are forced to deal with dangerous and
irrational people they are not adequately trained to deal with.
Every employee I've asked said they'd be very interested in attending. I'm sure other bars
would be similarly interested.
Thank you for listening.
Sincerel
James Bell
Cc
Iowa City Council
Karren Kubby
Jane Jacobs -style density is best for cities, Florida says I Better! Cities & Towns Online Page 1 of 2
CITIES&TOWNS °"""
Jane Jacobs -style density is best for cities, Florida says
Ten years after publishing of The Rise of the Creative Class, the prominent city- booster
says high -rises are "vertical suburbs" and we need "urban environments that stir the
spirit."
architecture community development economy
Author: Robert Steuteville
Better! Cities & Towns
Like a preacher in an urban - revival tent, Richard Florida roused the gathering at last week's loth
Congress for the New Urbanism in West Palm Beach, Florida. The event took place on the loth
anniversary of publication of The Rise of the Creative Class, the book that made him a star among city
admirers.
"Isn't it interesting that the world has come to us ?" he asked the gathering of 1,1oo urbanists. "Something
has changed to make this part of the great challenges of our time.... I thought I was out in the wilderness,
but it's happening everywhere."
Florida first gained a wide audience by talking about urban revival and the "creative class" in the late
199os. At the time, he encountered considerable skepticism. "People said that the dot.com bust would end
the revitalization of cities," he said. "Then they said the Trade Center disaster would do it. Then the
economic collapse. The power of urbanism has just accumulated."
That's despite technology such as highways, jet planes, and social media which, some believed, would
make place irrelevant. "Not so fast," he said. "Just recently we went over 50 percent of the world's people
living in cities. We'll go up to 6o percent and 70 percent. We are becoming a much more urban world that
anyone had ever imagined."
What's bringing a focus on urbanism back, he said, is that "our economy has gone through one of the
greatest transformations in human history." Land, labor, and capital are no longer the primary factors in
growth. Peter Drucker, the management guru, in the late 196os described "the knowledge economy," he
said. Then Jane Jacobs explained that wealth does not come from corporations — it comes from cities.
(Edward Glaeser expanded on that theme in his 2011 book, Triumph of the City.)
Florida believes that creativity is the real source of growth. He has been stung by charges of elitism — that
he's a mouthpiece for latt6- sipping, gentrifying yuppies. That's not what he is saying at all, he explained.
His father worked in a Newark factory for five decades, sacrificing to support his family and putting his
son through school. The creativity of workers — as opposed to machines and capital — made the factory
work, Florida argued. "Every single human being is creative," he said. "Stoking the creativity within every
person is [the task of cities]."
http : //bettercities.net/article /Jane Jacobs- style- density- best - cities - florida- says -17992 5/18/2012
Jane Jacobs -style density is best for cities, Florida says I Better! Cities & Towns Online Page 2 of 2
Florida added a number of provocative points.
• Because the dialog has shifted, new urbanists have to change their approach. "Our role has changed. We
are not revolutionaries and pioneers. We have to become teachers." If young people or academics say
something about cities that sounds false, "give them a big hug, tell them how important what their work
is, but take them aside and say `let's go for a walk and see what the city is all about. "'
Florida recalled that as a young academic at Carnegie Mellon, he was mentored by David Lewis, Don
Carter, and Ray Gindroz — principals of the firm Urban Design Associates in Pittsburgh — who pointed
out details and "explained how cities work." Later he met Andres Duany, Elizabeth Plater - Zyberk, John
Norquist, and other urbanists. "You have really shaped my thinking," he said.
• One of the false statements is that density and skyscrapers are the key ingredients to urban vitality and
innovation. "This rush to density, this idea that density creates economic growth," is wrong, he said. "It's
the creation of real, walkable urban environments that stir the human spirit. Skyscraper communities are
vertical suburbs, where it is lonely at the top. The kind of density we want is a `Jane Jacobs density. "'
• The urban /suburban debate is likewise false, he said. "Great communities and great neighborhoods
pretty much look the same," he said. They are human - scale, include a mix of uses, and are close to transit.
"These are the kind of things that people desire, and it is not just in the urban core that you find them," he
said.
• The benefit of cities is "not just about the creation of jobs and economic growth," he said. "It's about
finding true purpose and meaning in life." Florida cited the Soul of the Community study, released in 2011
by the Knight Foundation. Two qualities drive emotional attachment to a place, he explained.
1) Openness to diversity. "The more different groups are valued, the higher the collective well- being,"
he said.
2) The quality of the place itself is the single most important factor in people's fulfillment. There are
four parts to this: the degree to which a community: values its history; is walkable and mixed -use; values
arts, both street art and high art; and integrates the built and natural environment.
• Economists who argue that high -speed rail fails a cost - benefit analysis are wrong, he argued. "There are
two ways that we can accelerate our mobility," he said. "One is by walkability — moving closer together.
The other is by improving transit in corridors." Better mobility will not come from the "gridlocked"
highways, or from jet planes, which take too long due to security, boarding, and delays. Florida's governor
"needs his head examined," he said. "Turning back the high -speed rail funds? What kind of a bone - headed
move was that ?"
Posted by Robert Steuteville on 17 May 2012
http : //bettercities.net/article /jape Jacobs- style- density- best - cities - florida- says -17992 5/18/2012
Study: Car - sharing squeezes carbon emissions I Better! Cities & Towns Online
"
CITIES&TOWNS ONLINE
Study: Car - sharing squeezes carbon emissions
Blog post by Robert Steuteville on 17 May 2012
research global warming transportation costs vehicle miles traveled
Robert Steuteville, Better! Cities & Towns
Page 1 of 2
M IP70
About 56o,000 US residents are members of a car - sharing service, a market that has been growing steadily
in recent years including my household — which joined last year. Car - sharers could reach, under the most
optimistic scenario, 20.3 million people, according to a RANI:) Corporation study.
A more likely outcome is for car - sharing to top -out at 7.5 million members, RAND says. Under the most
optimistic case, as Streetsblog re>orled, greenhouse gases from US cars would be reduced 1.7 percent. The
more likely scenario would cut emissions by o.6 percent. That doesn't seem like a huge number, as the
Washington Post noted:
For the most part, the people who sign up for car - sharing services were barely driving anyway. On
average, Americans who use these sharing services see their car ownership numbers drop from 0.47 cars
per household down to 0.24 cars per household. In other words, they wentfrom barely owning cars to...
barely owning cars. In contrast, car ownership for the country as a whole is about 1.87 vehicles per
household. That's one reason the effect on climate pollution is so small.
There are two reasons that car -share members drive less to begin with. Many of them are college students,
and virtually all of them are residents of walkable communities. But college students graduate, get jobs,
and drive more. If they continue to car - share, though, the car- sharing may prevent more driving than
would be indicated by this study.
That they all live in walkable communities is a given. Car - sharing doesn't work outside of compact,
walkable urbanism. If enough people can't walk to the car, it makes little economic sense to share it. Here's
the map for car - sharing in Ithaca, New York, and note that all cars are within the city and reachable on
foot.
http:/Ibettercities.net/news-opinioniblogs/robert-steuteville/1 7994/study-car-sharing-squee... 5/18/2012
Study: Car- sharing squeezes carbon emissions I Better! Cities & Towns Online Page 2 of 2
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Ithaca Ca.rsha.re, which runs the service, has tried putting a car in a more suburban location, but it just
didn't get enough use.
People who live in walkable cities already drive substantially less. But car - sharing makes city living more
appealing and affordable. It increases mobility for city- dwellers and lowers transportation costs.
I know that from personal experience. We were a two -car family in a city neighborhood. We rarely drove
the second car, so it cost us only about $2,000 a year from maintenance, insurance, gasoline, and other
expenses. Essentially, it was a convenience. Since we got rid of that car and car -share has become our
"second car," we've eliminated nearly all of that expense.
Car - sharing also reduces congestion, pollution, and demand for parking. Off- street parking infrastructure
such as surface lots, structures, driveways, garage doors and entries is a major cause of urban dead - zones.
Nearly half of the space in some downtowns is devoted to parking. If, due to the introduction of car - sharing
and other changes, much of this land could be redeveloped, many more people could live an urban lifestyle.
Whether they are car - sharing or not, they will be driving considerably less and reducing greenhouse gas
emissions.
Even better, they will be living in a more appealing city. The less off- street parking is required in a city, the
more appealing the urban environment and the more space for things that make communities livable —
like residential and commmercial buildings that bring more people downtown.
Comments
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IP11
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
MAY 9, 2012 — 5:45 PM
CITY HALL, EMMA HARVAT HALL
MEMBERS PRESENT: Larry Baker, T. Gene Crischilles, Brock Grenis, Will
Jennings, Caroline Sheerin
MEMBERS ABSENT: None
STAFF PRESENT: Sarah Walz, Karen Howard, Sarah Holecek
OTHERS PRESENT: David Kieft, Kevin Monson, Dan Black, Tom Gelman
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL: All were present.
A brief opening statement was read by the Chair outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
CONSIDERATION OF THE MARCH 28 AND APRIL 11 MEETING MINUTES:
Jennings moved to approve the minutes for March 28th, 2012.
Baker seconded.
A vote was taken and the motion carried 5 -0.
Baker moved to approve the minutes for April 11th, 2012.
Grenis seconded.
A vote was taken and the motion carried 5 -0.
SPECIAL EXCEPTION
EXC12- 00007: Discussion of an application submitted by MidwestOne Bank for a special
exception for a temporary drive - through banking facility on property located in the Community
Business Service (CB -2) zone at 509 S Dubuque Street.
Board of Adjustment
May 9, 2012
Page 2 of 8
Walz reminded the board that at this meeting they are looking at two related special exceptions.
She said the first application deals with the property to the east of the alley on the location map,
which is the old Sabin School that was formerly owned by the Iowa City School District. She
said that property was purchased by the University of Iowa with the hope of trading or working
with MidWestOne Bank to relocate their property that is a block north on Clinton Street for the
reconstruction of the music school. She noted that this juggling of properties started shortly
after the flood of 2008 to relocate University properties out of the flood plain. She explained that
MidWestOne Bank would like to temporarily relocate their facility from Clinton Street to the
Sabin School Building and use the back area for the drive - through while they plan their new
bank that would be located on the corner of Harrison and Clinton Streets.
Walz said that cars would most likely come into the drive - through by accessing the alley from
Harrison, which is a low- volume street. She said there are two lanes in the drive - through and
each lane has two stacking spaces so there would be space for a total of three cars in each
lane.
Walz said that the area is part of the Riverfront Crossings Downtown Plan. She stated that the
property is currently undergoing a rezoning to move from public ownership to private use and
will be rezoned to Community Business Service (CB -2). She said drive - throughs are allowed in
the CB -2 zones by special exception. She said in the next year or so the area will be rezoned
yet again to an overlay that is specific to Riverfront Crossings and will allow mixed uses, that is,
both residential and commercial uses. She said the bank's plan is to be at this location for up to
five years and then relocate to the corner of Harrison and Clinton Streets. Walz said that one
thing that was missing on the layout that staff would like to see is some sort of separation
between the drive - through and the alley. She said staff would like to keep the specific method
for separation unspecified so the bank could propose a method and staff would have final
approval. She said they would also be required to make pavement markings to show how the
circulation flows.
Walz said the reasons staff thinks this is appropriate are that it's located off a low- volume street
and the alleyway is paved and given that the surrounding uses currently are mainly parking,
staff doesn't think it will disturb the environment in this area.
Grenis asked about the location of the drive - through.
Walz replied that the drive - through will be in an area on the plan where there are hedges and
trees denoted.
Sheerin said there's not much room in the alley.
Walz remarked that it's a twenty foot wide alley that's sufficient for two -way traffic.
Grenis asked if the staff - requested pavement markings would mark the alley as well as the
drive - through.
Walz explained that there would be signs to mark the entrance, and the pavement arrows in the
drive would mark the direction to pull through the drive - through.
Sheerin asked if the building would remain and the drive - through would be added.
Board of Adjustment
May 9, 2012
Page 3 of 8
Walz affirmed this and said that some landscaping marked on the site plan would be removed to
make room for the drive - through.
Grenis asked how often at the bank's current location they have more than three cars stacking
in the drive - through.
Walz said that is a question for the applicant. She said staff thinks drive - throughs are low -
intensity enough already and are starting to diminish in use with the increase of on -line banking.
She said there is more use of drive - throughs at outlying areas where there's a dependency on
cars and less use at those near downtown.
Dan Black of MidWestOne Bank said he would refer the Board's questions to Monson and Kieft.
He said the bank intends to lease this property. He said at this time the design for the
permanent move is under very preliminary design, so a temporary solution is very important to
them. He said the University has indicated that they would like the bank by August or
September of 2012. He explained that the bank will function out of the old Sabin School
property much like they do out of the bank itself, with drive -up, parking and mortgage loan
offices as the main function, with no teller -line banking per se.
Grenis asked how often they currently get more than three cars in a drive through line.
Black said there has never been a formal study done on back -up, but from personal experience
he knows that there is very seldom more than three cars backed up. He clarified that there will
be a window in the building, and in the second lane there will be a small tube system. He said
that people like to use the window, so he has witnessed two or three cars backed up in that
lane.
Jennings said he's concerned about an ATM that close to an alley where there might be foot
traffic using the ATM.
Grenis asked if there were ATMs in the lobby inside.
Black said there were not.
Tom Gelman, legal counsel for MidWestOne Bank emphasized that this is a request for a
temporary solution to an impending issue. He said key to the bank's concern is replacing its
facilities with very comparable facilities. He explained that the use of the drive - through facility
over the years has been a diminishing use. Gelman said this is a temporary arrangement for
probably a period of two or three and at maximum five years. He said that the special exception
could be limited so it would only be applicable to this property for so long as it's used for this
interim purpose, with the special exception then being terminated when the permanent special
exception comes into effect. He asked the Board to let the applicant know about their specific
concerns so they can adapt and address them with signage or other measures. He said it's
critical at this stage that the bank have a clear understanding of the availability of this sort of use
for this application as well as for the next application regarding permanent use, otherwise it
effects their decision about their current property.
Baker asked what the nighttime lighting set -up is for the drive - through.
Kevin Monson of Neumann Monson Architects stated that he is also the Chairman of the Board
Board of Adjustment
May 9, 2012
Page 4 of 8
of MidWestONe Bank. He said there will be lighting for the drive -up and there will be a canopy
to protect it and provide an access point for the pneumatic tube in the west lane. He added that
this special exception is important not only to the bank, but also to the School of Music and its
opportunity to move downtown. He said without the ability to use this lot, the proposed sale of
the bank's property to the School of Music would likely not happen. He said bringing that school
into the heart of downtown will bring a renaissance and provide 400 or more events per year
needing audiences. He said he thinks that's a dream for any city of this size and it's critically
important to the future of the city. He added that the bank has been in discussion with the City
about this issue for over a year. He said it had been their hope that the rezoning of the
Riverfront Crossings and the change of zoning that is anticipated would allow them to not come
before the Board with this issue. He said they had decided that they could not wait and needed
to bring the issue before the Board. Monson said they have reviewed with the City the proposed
language for the future requirements and have been working closely with the Planning
Department and are meeting all the requirements that are being proposed for Riverfront
Crossings as well.
Walz said that if safety of people accessing the ATM is a concern and the drive - through seems
otherwise appropriate, the Board might think about ways to make it more difficult for a
pedestrian to cut into the line, like using a decorative fence as opposed to bollards. She
explained that a bollard is a concrete pier.
Jennings said he's not that concerned about droves of foot traffic. He said his main concern is
that it's a multi -use alley, and the bank is not the only use. He said there are people living there
as well as cutting through on the alley, and he's trying to mindful of things moving at different
speeds.
David Kieft on behalf of the University of Iowa and the Board of Regents said they have been
working with the bank for two years, ever since they decided to relocate the School of Music to
this location. He said they acquired this property from the school district last December when
the school district relocated to the old Press - Citizen building on North Dodge. He said they are
very much in favor of this proceeding, and they will be entering into a lease shortly with
MidWestOne Bank that will allow them to occupy this space.
Sheerin opened public hearing.
Sheerin closed public hearing.
Sheerin invited discussion.
Grenis moved to approve EXC12- 00007, a special exception to allow a temporary drive -
through banking facility at 509 S Dubuque Street subject to the following conditions:
1. The installation of bollards, pavement markers or other means of separating the
outside drive - through lane from the alley be approved by staff.
2. The drive - through area will have pavement markings and signage to direct
vehicles.
3. There will be general compliance with the site plan for the drive - through as
submitted with the final site plan and lighting to be approved by the Building
official.
4. Upon establishment of a proposed new bank facility at the corner of Harrison and
Clinton Streets the subject drive - through will be discontinued.
Board of Adjustment
May 9, 2012
Page S of 8
Baker seconded.
Sheerin invited discussion on the motion.
Baker said he finds that the specific and general standards as outlined in the staff report May 9,
2012, have been satisfied and unless otherwise noted by another member of the Board, he
recommends that the Board makes the findings in the staff report the record for the acceptance
of this proposal.
Grenis agreed that since this is a temporary fix and is a part of the puzzle that includes all the
different properties coming together, he supports the special exception and agrees with the
finding facts.
Jennings concurred.
Sheerin concurred because of the temporary nature of the proposal and the fairly low- volume
foot and vehicle traffic.
A vote was taken and the motion carried 5 -0.
EXC12- 00008: Discussion of an application submitted by MidwestOne Bank for a special
exception for a drive - through banking facility on property located in the Community Business
Service (CB -2) zone at the southeast corner of the intersection of Clinton and Harrison streets.
Walz said as the applicant indicated earlier, the building is in its concept stages. She said what
the Board is to consider is solely the drive - through lay -out. She said there are three stacking
spaces in each lane plus the space for the car at the tube or at the window. She said there is
more than ten feet of separation from the alley so cars would probably most often be entering
the alley from Harrison Street, but they may come from Prentiss Street as well. She said they
will circulate through to the north with a curb cut back onto Harrison Street. She said the exit is
setback from the public sidewalk so people will have a view, but staff does recommend there be
signage there reminding drivers that they are crossing a pedestrian area. Walz said that all the
things that apply to the previous special exception also apply to this one except that in this case
the applicant is asking for an extension from the usual term of six months to up to five years
from the time the decision is filed until construction begins. She said that at such time as this
bank is constructed and ready to open the other drive - through for EXC12 -00007 will be
discontinued.
Baker remarked that the special exception adhered to the property rather than to the property
owners, so if this property owner sells the property without doing the project would the special
exception remain in place.
Holecek said the special exception would remain in place if the property changed hands and if a
drive - through was established within five years that adhered to the conditions.
Dan Black said it is critical to the bank that they have the availability of this drive -up.
Baker asked Black what they planned to do with the old Sabin School.
Board of Adjustment
May 9, 2012
Page 6 of 8
Black said they have no plans. He said it is university -owned and they will just enter into a lease
on it.
Sheerin opened public hearing.
Sheerin closed public hearing.
Baker moved to approve EXC12- 00008, a special exception to allow a drive - through
banking facility at the southeast corner of Harrison and Clinton Streets subject to the
following conditions:
1. The drive - through area will have pavement markings and signage to direct
vehicles, including pedestrian signage at the exit onto Harrison Street.
2. There will be substantial compliance with the proposed design of the drive -
through as submitted with the final site plan and lighting to be approved by the
Building official and approval of the curb cut onto Harrison Street by the Public
Works Department.
3. This special exception will be extended for five years within which time the
applicant must have taken action to establish the use or construct the new bank
building under the terms outlined above.
Baker seconded.
Sheerin invited discussion.
Baker said he finds that his basis for approving this application is understanding that the
applicant has satisfied both the specific and general standards as outlined in staff report of May
gth, 2012.
Grenis, Jennings and Crischilles agreed with these finding.
Sheerin added that she feels this is good for the community because it will help not only the
bank, but also the School of Music, which is a vital part of the university and the community.
A vote was taken and the motion carried 5 -0.
Sheerin declared the motions for both special exceptions approved, noting that anyone wishing
to appeal the decision to a court of record may do so within 30 days after the decision is filed
with the City Clerk's Office.
BOARD OF ADJUSTMENT INFORMATION:
Walz encouraged board members to attend a board and commission workshop being offered by
the Institute of Public Affairs and provided handouts with a description of the workshop and
information on how to sign up.
ADJOURNMENT:
Jennings moved to adjourn.
Board of Adjustment
May 9, 2012
Page 7 of 8
Baker seconded.
The meeting was adjourned on a 5 -0 vote.
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IP12
PLANNING AND ZONING COMMISSION PRELIMINARY
APRIL 30, 2012 — 5:15 PM — INFORMAL
HELLING CONFERENCE ROOM, CITY HALL
MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Phoebe Martin, Paula
Swygard, John Thomas, Tim Weitzel
MEMBERS ABSENT: Ann Freerks
STAFF PRESENT: Bob Miklo, Karen Howard, Sara Greenwood - Hektoen, Ron
Knoche
OTHERS PRESENT: Glenn Siders
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA
None
Rezoning Item
REZ09- 00003: Discussion of an application submitted by Southgate Development
Company for a rezoning from Medium Density Single Family Residential (RS -8) zone to
High Density Single Family Residential (RS -12) zone for approximately 4.29 acres of
property located on Walden Road, west of Mormon Trek Boulevard.
Howard said the original date of this application is 2009, and the applicant has requested that it
be reactivated. She said it was deferred in 2009 due to resolution of drainage issues on the
property. She outlined the property on the site plan for the Commission. She said all the water
flows down the hill toward a small development, and the storm sewer system through Walden
Court is a private storm sewer. She said at the time of the original application the developer and
the homeowners association were trying to come to an agreement for the proposed
development to tie into that private storm sewer and allow the water to extend out to the public
storm sewer system, which is along Rohret Road. Howard said they were unable to come to an
agreement. She said the applicant has devised an alternative way to approach the drainage
issue and have consulted with the City Engineer. She reminded the Commission that this is a
rezoning request only and is not a plat. She said the High Density Single Family Residential
(RS -12) zone allows for attached, townhouse -style units but in order to develop the area, the
applicant will have to come back with a platting. She showed the Commission a concept plan.
Howard said she has included all the public record from the previous meeting. She said there
Planning and Zoning Commission
April 30, 2012 - Informal
Page 2 of 7
have been some drainage issues in the neighborhood and quite a number of residents have
sent letters to the City regarding those issues. She said the staff supports this rezoning because
it proposed RS -12 zoning allows the developer to cluster the development with attached units in
appropriate locations that would front on the two roadways and it has about the same density as
the existing RS -8.
Weitzel asked if there was any wetlands jurisdiction on this property.
Howard said there was not.
Swygard asked if the drainage issue would be of most concern at the time of design.
Howard said the concern that if the zoning is increased on the property to make sure that the
drainage can work in a satisfactory manner and causes no problems for the neighboring
properties.
Eastham asked if the City Engineers had enough information at this time to give an opinion
about whether routing storm water run -off from this proposed development to the west would be
as effective a way of managing storm water as routing it directly to the south through the private
storm water system.
Knoche replied that it is as effective and may be even more so from the standpoint that the
overland flow route is now directed in a route that will avoid the neighborhood to the south. He
said that the water falling on the south side of the berm will still go down to the neighborhood,
but the majority will not.
Eastham asked if there was any way to develop this property to alleviate the surface run -off
going directly to the yards to the south.
Knoche said the plans alleviate that surface run -off in that any water falling to the north side of
the berm will go into the detention basin. He said in the original development of this area this
storm sewer easement that's in place was supposed to extend all the way to Lot 79, and at
some point the decision was made not to do that.
Eastham asked about the capacity of that storm sewer pipe.
Knoche said it would have the capacity to drain the outlet of the detention basin because of the
criteria the City has for the release rate out of the detention basin.
Eastham asked if the properties to the west of the proposed storm water route will see any
change in the amount of surface run -off with the proposed plan.
Knoche said that it will not change. He said the plan is to do some excavating over one of the
existing pipelines that has been abandoned but that doesn't necessarily allow the developer to
grade all the way to that west property line because there are still two active gas lines in that
area.
Thomas said it looked like the low point of the swale will be a lower elevation than the property
line and there is positive drainage along that property line toward the swale.
Planning and Zoning Commission
April 30, 2012 - Informal
Page 3 of 7
Knoche explained that it will be graded from the west property line of Walden Court and drain
back to the Swale, but there won't be much excavation from the development to the west back
toward the swale due to the placement of the gas lines.
Thomas asked if there might then be an increase along the left (west) edge.
Knoche said it won't run that way, but it won't necessarily help the water run to the east either.
He said the water will be maintained in the swale to get it to the outlet and back to Rohret Road
but because of the constraints on the developer and the gas lines, they may not be able to get
more positive drainage back to the east from that west lot line.
Eastham asked about the drainage through the south end of the drainage route and if Knoche
can tell now that it will be built in such a way that there won't be an increase water accumulation
on the south end.
Knoche said that in a large event there may be some ponding there but in a normal rain event
there won't be any difference from what it is today.
Eastham asked if any ponding would creep back across the western part of the property.
Knoche assured him that in the design they would make sure that wasn't an issue.
Eastham asked about the abandoned gas lines.
Knoche explained that there are three pipelines that run to the gas easement. He said the two
on the west are still active and the one that runs on the east side of the easement has been
abandoned.
Miklo said that is one of the things that has changed between 2009 and the present.
Thomas asked if there were any other concerns about the up- zoning.
Howard said that the main focus was on the storm water issue but that there were some letters
in which concern was voiced regarding density and the neighborhood and questions if there
would be any increase in traffic on Walden. Howard explained that one of the conditions staff is
requesting for the application is that there be visitor parking for the townhouse units.
Martin spoke about a letter of concern regarding increased traffic to Weber School.
Howard said that staff didn't feel this would a huge increase in traffic with only eighteen
proposed housing units.
Eastham asked if there was room for additional visitor parking spaces beyond three in the
private alley.
Howard said she doesn't have the answer for that. She said she thought there was some
discussion that it would be nice to have some open space on the property.
Swygard asked how the storm management system is maintained after it's built.
Planning and Zoning Commission
April 30, 2012 - Informal
Page 4 of 7
Knoche said the developer will put down $5000 in escrow for the maintenance of the storm
water retention basins, and after the development is completely done, the applicant will ask for
the escrow to be returned, at which point the City does an inspection and will release the
escrow if it's determined that the system meets the criteria that it was designed to. He said at
that point forward, it would then be under the maintenance of the home owners association.
Eastham said he's always had misgivings about these privately managed storm water detention
areas that are all through the community.
Knoche said that's the way that every detention basin in Iowa City is handled.
Thomas asked if they are inspected by the City at any point.
Knoche said if there is a complaint about a clog, they will go out and do an inspection, but not
on any kind of regular basis.
Eastham asked if the water exit from the detention area will be over the surface.
Knoche explained that there will be a structure that controls the outlet.
Eastham asked how high the berm would be.
Knoche responded that he hadn't seen the final layout for this plan.
Swygard asked if there were any safety issues for the neighborhood with this plan.
Knoche replied that there would be no issues if it were constructed appropriately.
Eastham asked if Knoche thought there was anything unusual about this storm water detention
plan as opposed to other plans used throughout the city.
Knoche said it wasn't unique from any other detention basin.
Eastham asked if the preliminary plat would come back to the Commission before it reaches
Council.
Howard affirmed that it would.
REZ12- 00007: Discussion of an application an application submitted by The University
of Iowa for a rezoning from Public (P) zone to Community Business Service (CB -2) zone
for approximately 1.3 -acres of property located south of Harrison Street between Clinton
Street and Dubuque Street.
Miklo said this was unusual because it's rare that they see public designation reverting to a
private designation. He said this property is zoned Public (P -1) because it was owned by the
Iowa City Community School District and until recently, the former Sabin School building was
the school district's administrative offices. He said the University of Iowa acquired the property
from the school district with the intent of trading this property with the MidwestOne Bank
property a block to the north to allow MidwestOne to relocate, making their current property on
the west side of Clinton Street available for the new music school. He said the future ownership
is not clear, but MidwestOne Bank will move into the former Sabin School at least temporarily
Planning and Zoning Commission
April 30, 2012 - Informal
Page 5 of 7
and are seeking a special exception from the Board of Adjustment to allow a drive - through,
which would be subject to this rezoning being approved. He said the plan now if that the bank
would move their home loan office into the former Sabin School building, configure a drive -
through facility on the west side of the building using the alley as access. He said in the longer
term it is the intention of the bank to build a new building on the property on the opposite side of
the alley, with the future of the Sabin Building unknown. He said to accomplish this transfer of
interest in these two properties is to rezone it to a Central Business Service (CB -2) zone, a
zoning that is intended to work in conjunction with the downtown zones and also provide a
transition to less intense development. Miklo said this is the only downtown zone that allows
drive - throughs by special exceptions. He said both the Downtown Plan and the Near Southside
Plan identify this area as being appropriate for government center and mixed uses. He said in
the near future there may be a new zoning designation to implement the Riverfront Crossings
Plan, but for the interim, the CB -2 zoning meets the Comprehensive Plan for the area and would
be compatible with future plans for the area.
Weitzel asked how much latitude the Commission has to consider that this might be an historic
building and how the zoning would affect it in the long -run.
Miklo said at one time the intention was to remove the building, and the university went through
a federal review process required whenever there's federal money being used on a building
that's eligible for the National Register. He said this went before the Historic Preservation
Commission, and there were proposals that if the building were to be torn down there would be
some mitigating efforts like architectural salvage or doing energy efficiency or space needs
studies on similar historic schools in the area to mitigate the loss of the building. He said the
university decided not to tear down the building at this time, and the federal requirement was no
longer relevant. Miklo said that with the new zoning being developed for this area there will be
some incentives for restoring or reusing historic buildings, but if not, The Riverfront Crossings
Plan and form based zoning code would contain standards for the development of the area.
Eastham asked if the planning for the Riverfront Crossings area as it stands now includes
anything beyond incentives for owners to reuse or maintain the exterior appearance of historic
buildings.
Miklo said what staff has discussed is some sort of zoning such as transfer development rights
that allows greater development on one property if you commit to saving historic buildings on
another property. He said there are also federal tax credits that might be of interest for this
property.
Eastham asked if the bank could build a taller structure now if they wished to.
Miklo explained that the current zoning would only allow a four -story building. He said that the
draft staff is working on for Riverfront Crossings anticipates taller buildings in order to develop
more intensely. He said staff thought this was an area that could take some height because it's
not in a lower density neighborhood and would have a minimal effect on other surrounding
development.
Weitzel asked about the Airport Clearance Zone.
Miklo said the same cap that is put on downtown would apply to this area. He said the main
point is that this has to be zoned something other than Public (P) because that is required by
the Zoning Code. He said staff feels that the CB -2 seems to be most appropriate given the
Planning and Zoning Commission
April 30, 2012 - Informal
Page 6 of 7
current circumstances and the anticipated plan for the area.
Other
There was some discussion amongst the Commissioners about the university's decision to
remove the building at 711 Melrose Avenue and how quickly it happened after the Commission
recommended vacation of the right -of -way.
ADJOURNMENT:
Swygard moved to adjourn.
Eastham seconded.
The meeting was adjourned on a 6 -0 vote.
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PLANNING AND ZONING COMMISSION PRELIMINARY
MAY 3, 2012 — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard,
John Thomas, Tim Weitzel
MEMBERS ABSENT: Caroline Dyer
STAFF PRESENT: Bob Miklo, Karen Howard, Sarah Greenwood Hektoen, Denny
Gannon
OTHERS PRESENT: Glenn Siders, Brian Fink, Kevin Den Adel, Jason Mascher, Ernest
Kellems, Meigen Fink, Changmin Ding, Charles Thiede, Dan
Black
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 5 -1 to recommend approval of REZ09- 00003, an application
submitted by Southgate Development Company for a rezoning from Medium Density
Single Family Residential (RS -8) zone to High Density Single Family Residential (RS -12)
zone for approximately 4.29 acres of property located on Walden Road, west of Mormon
Trek Boulevard with the following conditions:
1. At the time of development, the storm water management system will be designed
and constructed in accordance with the City Engineer's design standards
including the required detention and outlet criteria.
2. At the time of development, the storm water management system will be designed
in a manner that will not exacerbate storm water drainage issues on adjacent
properties.
3. Development will be in general compliance with the submitted concept plan
regarding site layout, lot configuration, and building orientation and units will be
developed with double garages.
4. Access to all of the units shall be from a rear lane that connects to Walden Road.
5. No direct vehicular access shall be allowed from Mormon Trek Boulevard, and at
the time of development, a minimum of six visitor parking spaces will be provided
wherever they fit on the lot.
The Commission voted 6 -0 to recommend approval of REZ12- 00007, an application
submitted by The University of Iowa for a rezoning from Neighborhood Public (P1) zone
to Institutional Public with a Central Business Service Zone Overlay (P2/CB -2) for
approximately 1.3 -acres of property located south of Harrison Street between Clinton
Street and Dubuque Street.
(45 day limitation period: May 18, 2012)
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
Freerks welcomed the newest Commissioner, Phoebe Martin and asked her to introduce
Planning and Zoning Commission
May 3, 2012 - Formal
Page 2 of 19
herself.
Martin said she was born and raised in Iowa City, and she felt that serving on the Commission
was an appropriate move to make as a resident of the city.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
REZONING ITEM
REZ09 -00003 Discussion of an application submitted by Southgate Development Company for
a rezoning from Medium Density Single Family Residential (RS -8) zone to High Density Single
Family Residential (RS -12) zone for approximately 4.29 acres of property located on Walden
Road, west of Mormon Trek Boulevard.
Howard said the applicant has requested to reactivate this application that was originally filed in
2009. She said they requested deferral at that time pending resolution of issues involving storm
water drainage. She explained that they were trying to reach an agreement with the Walden
Court Homeowners Association to allow storm water from the proposed development to connect
into and drain through the private storm sewer in Walden Court but were unable to come to
agreement. She said the applicant has now devised an alternative system of managing the
storm water by directing the water from a storm water basin along an overland Swale that will
extend along the MidAmerican gas pipeline easement south to the public storm sewer system
along Rohret Road. The applicant has submitted a new concept plan showing how this
stormwater management system would be constructed. Howard showed the Commission a map
of the property and said that the developable part of the property is quite sloped from north to
south and is about 700 feet in width but quite narrow in depth. She explained that the dog leg on
the property is a MidAmerican gas pipeline easement. She said that the City Engineers Office
has reviewed the new concept plan for storm water management and has agreed to allow this
type of design provided that at the time of development the drainage system is designed to
meet all the City's engineering standards. She reminded the Commission that this is a request
for rezoning, and it is not a platting at this time. Howard said this property is about 4.2 acres,
and the concept plan is for approximately 18 townhouse style units. She explained that to
develop under a High Density Single Family Residential (RS -12) zoning designation, they will
have to come back for a platting process and divide that into individual single family lots. She
explained that the RS -12 zoning will allow the units to be attached but they will have to be
divided into separate home lots. She said the density is about 4.2 units per acre and while this
proposed residential density is at a level that would be allowed under the current Medium
Density Single Family Residential (RS -8) zoning designation, the lot configuration and
topography make it difficult to develop detached single family homes or duplexes, which are the
allowed types in the RS -8 zone. She said the RS -12 zoning will allow more flexibility in
clustering the units along these limited street frontages and avoid construction of a cul -de -sac,
which would be costly and land- consuming and would not add to the neighborhood street
connectivity. She said that by clustering the units and limiting the amount of paving, more of the
lot will remain open space and can be used to manage storm water run -off and provide an
amenity for the residents.
Howard said that for the reasons above and for those included in the staff report, staff is
recommending approval of this rezoning with a number of conditions. She said that staff
recommends that REZ09- 00003, a request to rezone approximately 4.29 acres of property from
RS -8 to RS -12, be approved subject to a conditional zoning agreement that specifies the
following:
Planning and Zoning Commission
May 3, 2012 - Formal
Page 3 of 19
1. At the time of development, the storm water management system will be designed and
constructed in accordance with the City Engineer's design standards including the
required detention and outlet criteria.
2. At the time of development, the storm water management system will be designed in a
manner that will not exacerbate storm water drainage issues on adjacent properties.
3. Development will be in general compliance with the submitted concept plan regarding
site layout, lot configuration, and building orientation.
4. Access to all of the units shall be from a rear lane that connects to Walden Road.
5. No direct vehicular access shall be allowed from Mormon Trek Boulevard, and at the
time of development, a minimum of three visitor parking spaces will be provided along
the rear lane near the units that front on Mormon Trek Boulevard.
Howard directed the Commission's attention to the concept plan that is being proposed and told
them that it's very similar to the one that was presented in 2009 except for the storm water
drainage concept. She explained that the proposed drainage system is basically a storm water
detention basin that outlets into a drainage swale through the pipeline easement. She indicated
that Denny Gannon from the City Engineer's Office was in attendance at the meeting and
invited him to describe in more detail how the drainage system would work and answer any
questions the Commission might have.
Denny Gannon of the City Engineer's Office said the applicant is proposing a detention basin or
two that would detain water, retain it and then let it out slowly and he indicated on a map where
it would outlet. He said it would flow in a drainage swale to the west and then south and then get
picked up at that point by the City sewer system along Rohret Road.
Howard asked Gannon to describe how the overland swale might help some of the drainage
issues that residents in Walden Court are currently experiencing.
Gannon said the water would be intercepted by the detention basins and be detained in a dry
bottom basin and would flow out much slower than normal.
Howard explained that one of the differences between the current proposal and the original one
is that the applicants have received permission from MidAmerican to use the easternmost
portion of the gas pipeline easement for the drainage swale.
Freerks asked Gannon if he thought this would help the problem property owners in the area
talked about in 2009.
Gannon said it would help with the stormwater that flows down the hill from north to south by
capturing it in a constructed basin and releasing it more slowly through the swale. He said
because MidAmerican has three underground pipes running through the easement, they won't
allow an underground storm sewer pipe, but they will allow an overland drainage swale.
Eastham asked if the drainage swale would function as effectively as a pipe system in terms of
draining water from the detention basin.
Gannon said the storm sewer system would be the best, but the next best option is a drainage
swale directed toward the public stormsewer on the north side of Rohret Road.
Eastham asked why a swale isn't as effective as a pipe.
Planning and Zoning Commission
May 3, 2012 - Formal
Page 4 of 19
Gannon explained that if water is in a pipe it's contained, and if it's in a swale, the top is
uncontained.
Eastham asked if the engineering standards that would have to be followed in constructing the
swale would mean that there would be a very small probability that water would overflow the
banks of the swale.
Gannon said the swale would be designed to contain the water and that he doesn't see a
problem with this system.
Thomas asked how the water is directed to the detention basin.
Gannon explained that the detention basin is the lowest point on the property, and the water is
directed by grading to the basin.
Thomas asked if ground would be sloped to drain water to the detention basin.
Gannon said they would probably build roof drains that could be piped directly to the basin but if
not, then the slope of the land would take the water to the basin.
Thomas said there was a lot of impervious material in that area and asked if the water running
off it would then just go downhill.
Gannon said the detention basin would intercept it.
Eastham asked if this proposed system is unusual in either design, intent or function.
Gannon replied that it was not.
Eastham asked if this system would have any effect on the properties to the west of the
proposed development.
Gannon reiterated that if the water is directed to a drainage swale, the water will then proceed
into the storm sewer system located along Rohret Road.
Eastham asked if this concept will relieve any backyard flooding that's occurring now for the
properties to the west.
Gannon said he could not answer that because he isn't familiar with the current issues.
Howard asked if it will have to be designed in a manner that won't exacerbate drainage
problems on other properties, which is a question of many concerned residents.
Gannon affirmed this.
Freerks said that in a letter opposing this application it states that the holding area behind units
four and five has steep slopes and is inches away from their sidewalk.
Howard said she sees nothing in the concept indicating that arrangement but that it is only a
concept plan.
Planning and Zoning Commission
May 3, 2012 - Formal
Page 5 of 19
Eastham asked if Walden Road is designed to accommodate traffic from this proposed
development.
Howard said that in 2009 the transportation staff analyzed the proposal and determined that the
proposed development would not unduly impact the traffic situation in the neighborhood. She
added that any time you have a curb cut, it will reduce on- street parking but this is designed as
a narrow rear access lane so it wouldn't have as much impact as a cul -de -sac, which is what
would have to be built under the current zoning category.
Thomas said the allowed housing types in the RS -8 zone are single - family and duplexes.
Howard said that duplexes are permitted only on corner lots in an RS -8 zone and in this
unusually shaped lot, there really are no corners.
Thomas asked if townhouses are allowed in an RS -8 zone.
Howard said they are not allowed in an RS -8 zone unless it's a Planned Development (OPD).
She noted that this proposal for approximately 18 townhouses would be at a density that is
compatible with the current RS -8 Zone and a similar development could be approved through a
planned development process. She said the RS -12 zoning designation allows attached single
family dwellings (townhouses) by right as long as they comply with the standards in the zoning
code.
Thomas asked Howard to confirm whether the proposed number of units could be permitted
under the current RS -8 zoning.
Howard said hypothetically the same number of units could be approved through the planned
development process with the existing RS -8 Zoning designation. However, she noted that the
applicant has opted to request a rezoning to RS -12 instead of going the planned development
route.
Thomas asked how they determined the number of parking stalls.
Howard said each unit would have parking behind it for the residents, but there was a concern
expressed that there would be insufficient visitor parking, particularly for the units that front on
Mormon Trek, where no on- street parking is allowed. She said that the discussion in 2009
regarding the number of visitor parking spaces revolved around striking a balance between
paving more of the property for parking versus maintaining more open space for the residents
and how much visitor parking was truly necessary when there will be multiple parking spaces
behind each unit.
Freerks asked if the process is to have a City Engineer verify that this system will not make
storm water drainage issues on adjacent properties any worse, as mandated in the conditional
zoning agreement or does the applicant have to pay for a private engineer.
Howard explained that at the time of applying for a subdivision plat the applicant must design all
infrastructure to meet the City standards and those designs are reviewed by the relevant City
departments. The applicant will have to hire their own engineer to design the development, but
that the City Engineer's office reviews the plat and the construction drawings to make sure that
they meet the City's standards. She said there is both a preliminary and a final platting process
and at the final platting phase, an applicant has to provide actual construction drawings, which
are reviewed by the Public Works Department. She said there would also be on -site inspections
Planning and Zoning Commission
May 3, 2012 - Formal
Page 6 of 19
during development and construction from both the Building Department and the Public Works
Departments.
Eastham asked if the preliminary plat application would be reviewed by the Commission.
Howard confirmed that a public hearing is required for a preliminary plat. She also explained
that the final plat must comply with the preliminary plat, and if it does, it must then be approved
by the City Council.
Freerks opened the public hearing.
Glenn Siders of Southgate Development Company said he would be available to answer any
questions.
Brian Fink of 44 Coll Court said his is a property that adjoins the easement along the west side
and the problems he speaks of are the same for the two adjacent properties. He said that the
drainage is a long -term problem for those residents on the west side. He said it's persistent
between rains. He said the cul -de -sac he lives on all slopes down to the corner at the south end
of the gas pipeline easement, and that was the outlet for the drainage for that entire area. He
explained that the pipeline easement is shared space for water disposal, and the south part is
the lowest, flattest part of the easement. He said at that point, the water from this area has to
cross the easement, cross the applicant's property completely and then go to a box out in front
of Walden Court. He said there is a tremendous amount of water that comes from the west. He
referred to pictures and letters explaining the problem that he had sent to the Commission. He
explained that the problem property owners have along the easement is that the groundwater
level rises and spreads onto adjacent properties, which makes a good portion of their properties
completely unusable. He said that twenty -five years ago when his subdivision was built there
was a plan that was approved but at some point there was a design flaw which led to the
problem they have with water drainage. He remarked that he was surprised to see an overland
swale system proposed, as in the engineering report from 2009 it states that at the time of
development the storm water management system will be required to be in a pipe system. He
said he thinks the swale system will introduce potentially large amounts of new water into a flat
area with a history of chronic, insufficient drainage. He wanted to know if the swale was going to
be graded above the ground or into the ground because there is a creek -like channel that runs
across this area and when it's running full bore, how will the swale not create a barrier to all the
water that comes in from the west as it was designed to do. He wants to know if they proposing
overland swale because MidAmerican won't allow an underground pipe. He said given the
sensitive areas of the southern part of the swale, minimum engineering standards do not apply.
He said whatever is designed for the applicant's property has to account for all the water
entering from the west. He said there can be no blockage, or back -up or additional restriction or
that violates the condition of the zoning proposal. He said moving some or all the run -off water
from several acres to a narrow, concentrated pipeline easement of 100 feet wide seems like an
obvious design flaw. He said that the result may be a worsening of retained water issues
experienced by he and his two neighbors, and anything in the proposal to introduce new run -off
from the east must provide consideration for drainage feeding from the twenty properties to the
west. He said the developer has the burden of proof that the current proposal won't create
additional harm. He asked who will bear the responsibility if in five years the worst happens and
the water level rises substantially in their backyards and what will be the recourse for the
property owners. He said he has observed excessive water in his backyard for the fourteen
years he has lived there, and he thinks it's doubtful that this above ground swale will contain all
the new water. He urged the Commission to hold the developer accountable.
Planning and Zoning Commission
May 3, 2012 - Formal
Page 7 of 19
Fink said that since the water from Coll Court has to flow across the pipeline easement to the
box in front of Walden Court does the developer plan to incorporate that volume of water into
the new drainage swale coming from the north and east.
Freerks asked Siders to respond to the question of if the drainage that comes down to the
proposed area where there's a new storm drainage system, does the applicant intend to hook
up to that system.
Siders pointed out the swale area and the existing storm sewer system and said that they aren't
anticipating piping this water. He pointed out an area and said they are not going to run pipe to
there.
Kevin Den Adel of 54 Coll Court who lives in the house just south of Fink said that Fink already
addressed many of the same concerns he has. He said he also wanted people to understand
that the land slopes from Walden down to Rohret north to south, but also into his backyard,
which is the main source of their problem. He said his concern is that if there is more water
going through that area, given the existing slope in his backyard, it's probable that conditions
will worsen. He said the other issue is the condition that the proposed drainage swale will not
exacerbate current conditions. He said he thought the City Engineer had said that he wasn't
sure what impact that might have on the current situation, so he doesn't see how that condition
will be met. He thinks it might get back to the question of how you measure that. He asked what
the property owners will be required to do if they think that the situation worsens following
construction of the swale.
Greenwood Hektoen explained that this is a concept plan at this point, so Gannon doesn't know
the calculations at this time. She said if they were found to violate the design standards after
construction it would be a violation of the conditional zoning agreement and the City would
pursue a remedy to the infraction.
Den Adel asked what would happen if it didn't violate the design standards but the design
standards weren't designed to meet the condition of not exacerbating the damage.
Freerks said that's what the proposed CZA includes so the ultimate goal is that no matter what,
it makes none of the property owners' problems worse and if that is the case there is action that
can be taken.
Greenwood Hektoen noted that at the time the land is subdivided there will be additional
agreements and obligations imposed upon the applicant.
Den Adel asked if there was a statute of limitations.
Greenwood Hektoen said that typically a conditional zoning agreement runs with the land so
those obligations remain in perpetuity.
Den Adel said it would make him feel better as a homeowner in that area if the developer would
have had conversations with the property owners and listened to their concerns
Freerks explained that he is referring to the Good Neighbor Policy, which is voluntary.
Greenwood Hektoen reminded him that at the time the property is platted, he can come back
and make sure that his concerns are addressed.
Planning and Zoning Commission
May 3, 2012 - Formal
Page 8 of 19
Jason Mascher of 45 Coll Court said he was there representing his wife and his neighbors, and
they would like their concerns noted and carefully considered. He said they are concerned that
the proposal will increase drainage issues that they have. He said he understands from his
neighbors that Southgate used this property as a storage ground for dirt before the time that
fencing was required to prevent erosion. He said the dirt that has been stockpiled over the years
has flooded into the backyards of the Walden Court residents as evidenced by past letters to the
City. He said that water flushed that dirt down this ravine and silted this ravine in. He said that
many years ago there was a plan in place for the drainage, but the plan has changed partly
because of this silted ravine. He invited the Commission to come out to the property to see the
elevation and the grade issues.. He said that from his and Den Adel's backyards it is evident
that the silting of that ravine has created a low spot in their backyards and almost his entire
fence line is unusable space. He said there is a creek -like channel from his yard in an area he
pointed out on the map that goes across the ravine. He said another property owner had
pointed out that the water from the front of houses that he pointed out on the map and comes
around the street and comes down into a basin he pointed out on the map. He said that's the
only basin and when it rains, there's a heavy stream that flows into it. He said his concern is
with the drainage swale proposal that goes north to south on the east side of the property he
pointed to on the map, there will issues where even if the ravine is graded to meet the main
swale, during heavy rains this rain will back up into the ravine flat and into his yard and those of
his neighbor Den Adel. He asked that the Commission consider this storm water system very
carefully. He asked if the three additional parking spots were per unit or for the whole proposed
complex.
Freerks answered that it was for the entire complex.
Mascher said that he is concerned because typically these types of proposed homes support
three or four students. He said with the proposed development, more parking spaces will be lost
along Walden Road, which is fairly busy with spare parking spots from the townhomes located
on the north side of the street. He asked if the public can participate in the design review
process.
Freerks said that there isn't a design review process for this per se but she said that appropriate
City staff look at the plan and make sure that it's workable in their areas of expertise. She said
after that it comes to the Commission, and the public is welcomed to have comment at that time.
She said even though the applicant chose not to use the Good Neighbor policy previously, it's
never too late.
Mascher said his concern with the drainage swale is that it's going to create problems with the
existing drainage channels that feed into the stormwater inlet in front of Walden Court. He said
that with no certainty about this system, there will be problems down the road and then what
kind of recourse will the homeowners have. He said that if the Commission came out to the
property, they could be witness to how the area started out if indeed in a number of years the
problem worsens. He said that because Eastham had an interest in this property when this
application originally came before the Commission, he had recused himself. He asked if he still
had an interest and what it was.
Eastham explained that his interest last time was that he is on the board of a non - profit that was
in negotiations with the applicant about purchasing this property. He said those negotiations are
not in effect now.
Mascher asked if Eastham was still on the board.
Planning and Zoning Commission
May 3, 2012 - Formal
Page 9 of 19
Eastham affirmed that he was.
Mascher asked if there are other drainage swales in Iowa City.
Greenwood Hektoen asked Gannon to address that question as well as if the proposed system
would have to be designed to accommodate the existing situation as well as the new
development.
Gannon replied that his understanding is that the swale will be a path for the outlet of the storm
water detention basin constructed on the applicant's property. He said it will be cut into the
ground so that the water coming from the detention basin, which the subject property drains to,
will be contained in the drainage swale channel and directed to the City storm sewer.
Greenwood Hektoen asked if his calculations factor in any existing water.
Gannon said he would assume so. He said he knows there are other drainage swales in town
He said there is an existing natural drainage -way at the Eastside Recycling Center that is
probably larger than the proposed swale.
Howard asked if there is anything in the record about the previous design for the other
subdivisions in the neighborhood so it would be clear if something designed is not functioning
properly.
Gannon said he would have to look at the records.
Mascher remarked that it is only a presumption that the three additional parking spaces won't
worsen the traffic, and that is not much comfort to the people living in the neighborhood as once
it's done, it can't be taken back, and there will be no recourse. He said he and his wife would
like this property developed, but with careful consideration of all the parties affected. He said
they see no need to up zone the property as its current zoning of RS -8 will keep with the theme
of its surroundings, single family residences and duplexes. He said he thinks that OPD is a
feasible option, and that should also be considered.
Freerks explained that OPD could create something exactly like what is being proposed.
Mascher said if you reduce the number of units and the people living there driving, OPD would
address some of the factors.
Freerks said that in an OPD you could have as many units as are being proposed
Howard explained that the existing zoning is RS -8 and that allows approximately eight units per
acre. She said the current proposal shows about four units per acre, so under the current RS -8
zoning a planned development could be designed with the same density as in the proposal. She
said with a planned development all of the units could be on one lot, and it wouldn't have to be
subdivided into individual home lots. She said with an RS -12 zoning designation each unit while
it would be attached to the adjacent unit, would be considered a single family home with its own
lot and could be sold just the same as would a detached single family home. She said if the
Commission feels that the parking issue should be addressed, this is the time to do it during the
rezoning. She said the requirement for a single family home is one parking space per home, but
that doesn't mean that's all there would be. Howard said that typically many single family homes
as well as townhouses like the ones proposed will have a two -car garage behind with the
potential space for an additional two cars parked behind the garage on the driveway. However,
Planning and Zoning Commission
May 3, 2012 - Formal
Page 10 of 19
she said there's no guarantee that would be the case unless the Commission makes it a
condition to have a certain number above and beyond the one parking space that is required.
Freerks said that in regard to a previous remark from Mascher about four students potentially
living in these proposed units, technically there should be no more than three unrelated people
there. She reminded him that it's important for the neighbors to report any suspected over -
occupancy to the City so that it can be investigated.
Miklo clarified that another difference between the RS -12 zone and a planned development is
that the latter would require that a specific building design for each building would have to be
submitted and reviewed.
Ernest Kellems of 2432 Walden Court Condominiums said they have been trying for two years
to resolve the drainage situation but Southgate never got back to them. He pointed out two
small detention basins on the map and said they lie about four to six feet into the ground and
contain a standpipe. He asked where they are draining to because he doesn't know of any
storm sewer unless it is possibly a large cement beehive that he indicated on the map. He said
along the north side of his property there is a sidewalk with a berm built along it, which he
indicated in a photo. He said there is a twenty -five to forty percent grade there on the hill from
the north to the south. He said at one time the berm was as high as three or four feet, but in
some places now it's only one or one and one -half feet high. He said when Southgate mowed
the last time, the equipment destroyed one of the standpipes. He said on his side of the
sidewalk, his homeowners association has put in a French Drain behind four of the buildings,
which cost them several thousand dollars to do. He said it solved some of the problems.
Kellems wants to know who is going to take care of the proposed detention basins.
Greenwood Hektoen said that typically when properties are subdivided those obligations are on
the owner or sub - divider until they're installed and then they are passed on to a homeowners
association.
Kellems asked if this would be a homeowners association or would it be individual lots.
Greenwood Hektoen said that at this stage it is a concept plan, but if there are common areas,
which the concept plan shows, there would have to be some sort of association.
Kellems pointed to several areas on the concept plan that he said looked like detention basins
and asked for some clarifications on which ones were actually detention basins.
Howard indicated which lines on the concept plan were the detention basin and which were
lines that indicated sensitive slopes. She asked Siders to confirm that the proposed basin would
be a dry bottom basin that would not retain water like a pond. Siders nodded.
Kellems asked if there will be a berm along the sidewalk so there won't be water coming across,
because several people in his association have had to tear out sheetrock and put in new floors.
He said as far as the swale is concerned, his area on the west end of the condominium complex
is much higher than the yards across the swale to the west so he doesn't have a problem with
the water going around the end, in fact, he thinks it's a very good solution as long as they can
get the water appropriately directed.
Siders addressed the question of the small pits that Kellems raised. He pointed to two
properties on the map and said that years ago dirt from one was borrowed to develop the other.
He said the two pits that are currently there were created because a number of years ago when
Planning and Zoning Commission
May 3, 2012 - Formal
Page 11 of 19
Walden Court was developed, drainage issues were identified, i.e., watershed sheeting off the
hill. He said the remedy was to dig these pockets with and add ADS pipe to catch the water. He
said he thinks the pipe goes underground and hooks into the private storm sewer system in
Walden Court. This private storm sewer stops short of the property line. He said that system
was created through an agreement between Southgate and the developer of Walden Court.
Siders confirmed that there would be a homeowners association for the proposed development,
which would be responsible for the maintenance of all the common areas. He pointed out an
area on the map that is generally the location of the proposed detention basin. He said they
haven't gotten into design of the basin but he thinks that along the bottom of the basin
something higher will have to be built to capture and stop the water to create the hole, which in
his opinion would be a berm. Siders said he didn't know what the beehive structure is, but he
knows that it is not part of a storm sewer system.
Eastham asked which property the sidewalk is on.
Siders said it is on both properties. He said it was supposed to all be on the Walden Court
property, but when it was constructed, it crossed onto the Southgate property.
Eastham asked if the ADS pipes that connect to the Walden Court storm sewer system will be
removed with construction.
Siders said if they want them removed, they will do so, otherwise they will plug them
Meigan Fink of 44 Coll Court said that for the past thirteen out of the fourteen years she has
lived at this address, at least one -third of her yard has been unusable. She said her children
can't play in that part of the backyard due to the heavy amount of water. She said from spring
though November the usability of her yard and her two neighbor's yards is severely
compromised. She mentioned that a neighbor to the south can't even use his yard. She said her
biggest concern is how drainage will work for both the existing water and the extra water coming
from the proposed development. She wanted to know who will be accountable when and if
problems arise. Fink pointed to the sidewalk north of Walden and asked if that sidewalk will
continue on. She said she thought it would be very sad if the developer came in and cut down
all the woods in the easement because it's a beautiful area. She said she hoped the decision
that the Commission makes won't make the problems worse than they already are.
Changmin Ding of 2611 Walden Road said his main concern is about the traffic and the parking
because currently his neighbors are all single families with many children riding bicycles and
playing in the area. He wanted to know if the new buildings would be rentals or single family
dwellings. He said there are already cars that park along Walden Road.
Charles Thiede of 1232 Jensen Street said that on Walden Road there are three school buses
every day as well as the City bus, and it's a pretty tight corner onto Jensen Street. He said he is
concerned about the traffic that many units would generate.
Siders pointed to the concept plan and explained that they will all be townhouse units, they will
have a double stall garage behind each unit as well as space for two cars in the driveway
behind each garage. He said all the end units would most likely be three bedrooms and all the
interior units would be two bedrooms. He said visitor parking will be something to be worked out
with staff.
Brian Fink reiterated that all of their water comes from the west and has to cross the entire
easement. He pointed to his storm sewer on the map and explained how the storm water runs
Planning and Zoning Commission
May 3, 2012 - Formal
Page 12 of 19
across the area. He said however the swale is designed, it must accommodate the water from
the west and if it's an above ground grade, it will cut this water off and there will be no place for
their water to go. He asked if the water will be directed to a point he indicated on the map and
how will it then be directed into the new storm box. He reiterated that as a condition of approval
the storm water situation must be improved or must not be worsened.
Mascher asked if the developers have talked about the issues the residents have had or are
currently having and if they plan on doing anything in terms of not preventing their water from
reaching the storm drain.
Siders said many of these same issues were raised when the application was first made in
2009. He said Southgate has made their engineering firm aware of the concerns of the
neighbors to the west as well as the problems at Walden Court. He said they haven't gotten into
the design stage yet, but he does know that they will not be putting up a berm to block their
water in an area he indicated on the map. He pointed to an area on the map and said they will
put a ditch along there, and he's guessing that they will be below the overland channels that are
there now. He said the location of MidAmerican's gas pipes had limited other options they had
investigated. He said they don't anticipate clear cutting any trees. He said they will do what they
have to do to accommodate the drainage and outlet situation on Southgate's property, which will
in turn make a significant improvement on the Walden Court property and may minimally
improve the situation for the properties to the west as well. He said he thinks they will be
lowering a high water table on a property he pointed to on the map by putting in a swale.
Eastham asked about the trees along Mormon Trek and on the south end of the Southgate
property.
Greenwood Hektoen explained that the trees adjacent to the sidewalk that runs east to west are
on the Walden Court property.
Kellems indicated on the map where the sidewalk ends.
Eastham asked the staff what happens if there are long -term problems.
Howard explained that when a subdivision is platted, the subdivider makes an agreement with
the City about infrastructure and the development itself and sets up the homeowners
association, if necessary. She said through that agreement, the responsibility falls to whomever
it was assigned in that agreement.
Freerks closed public hearing.
Freerks said she thought perhaps they should take some more time, but put it before the
Commission to see what they wanted to do.
Freerks asked for a motion.
Weitzel moved to approve REZ09- 00003, an application submitted by Southgate
Development Company for a rezoning from Medium Density Single Family Residential
(RS -8) zone to High Density Single Family Residential (RS -12) zone for approximately
4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard.
Eastham seconded.
Planning and Zoning Commission
May 3, 2012 - Formal
Page 13 of 19
Freerks invited discussion.
Weitzel said the chance to correct existing problems begins with development, so it's worth
pursuing the solution by moving forward.
Eastham said he walked this parcel two or three years ago, and he is familiar with the issue of
insufficient drainage for the properties to the west. He said this proposal is compatible with the
Comprehensive Plan for this sub -area. He said infill development always creates the possibility
of increased traffic, but at the same time, all the streets are designed to accommodate that
additional traffic. He said there are going to be four parking spaces per unit, and that's standard
for most townhome developments throughout the community. He said additional parking spaces
are a good idea, as well as a balance between them and open spaces. Eastham said the
Walden Woods property owners will be better off with the construction of a detention basin, and
he said he is confident that the City Engineers will fulfill the condition that the storm water
management system would be designed in a manner that would not exacerbate storm water
drainage issues on adjacent properties, which would include those properties to the west. He
said that the City Engineers have a lot of experience designing these drainage systems, and
they have been very successful. He said he thinks the drainage for the Walden Court properties
will be improved, and he said he is confident that the City Engineers will assure there is no
deterioration of water drainage draining from properties to the west.
Thomas said the emphasis in the application seems to be focused on the water that is currently
draining from the main body of the property to the south. He said he hasn't heard how the
issues flooding along the north /south corridor will be improved with the detention basin and
wants to know where the failure in the existing system is that is causing it.
Freerks said that was also a question she had and was interested in checking with the records
to see how the existing systems function. She said she wanted to know if there are swales in
other areas and how they work. She said she's not necessarily opposed to rezoning but she
does have some concerns about both the water situation and the parking. Freerks said perhaps
they should attach some parking requirements to each of the development areas to the west
and east. She said she would like more information on the silting issues and how they would
come into play. She said her hope is that whatever happens to the property, it will not only keep
things the same, but improve them. She said something has happened here that isn't working
and how do they make someone fix a problem that really isn't their problem. She said she still
has questions. She said she would like to see something happen here, but she just isn't
confident about the drainage issues.
Thomas agreed. He said perhaps the degradation of the ravine over time is a critical reason
why there is flooding on the rear of the lots. He said he hasn't heard anything from either the
City or the applicant about how the creation of the swale is going to address the flooding that is
occurring now. He said he thinks the detention basin should address the problems with the
properties to the south but he is concerned about the properties to the west. Thomas said that
he's concerned about the length of the driveway and visitors not finding parking when they drive
its length. He remarked that there isn't much street frontage so street parking is at a minimum.
Freerks reminded the Commission that at this point they are talking about rezoning.
Howard said if they want to require more than one parking space per unit, this would be the time
to do so.
Thomas asked what staff recommends.
Planning and Zoning Commission
May 3, 2012 - Formal
Page 14 of 19
Howard noted that the applicant has said there will be townhouses with two -car garages but
there's no guarantee that will be the case, and this would be the time to set conditions.
Miklo said that from this concept plan, parking for the individual units should be no problem. He
pointed to an area on the map and said perhaps making it a bit wider than twenty feet would
create more alcoves for parking along the side.
Freerks said she is considering increasing the required visitor parking to six to eight as opposed
to three and perhaps having something at or near each building site area.
Thomas said essentially there is a cul -de -sac road going in and out. He said that in other
developments in the neighborhood, the cul -de -sacs terminated in either a planting circle or
there's an open view. He said in the concept plan, the drive terminates at a unit.
Howard said these would have to be designed so the front door faced the street, and a
requirement of the zoning would be that the garages would be in the rear. This would be
designed as an rear alley, not a street or cul -de -sac.
Weitzel moved to amend his original motion to propose six guest spaces wherever they
fit on the lot.
Eastham seconded.
Eastham asked Miklo if now would be the appropriate time to require four parking spaces per
unit.
Miklo said it is addressed in that the recommendation is that the applicant follows the concept
plan, although that plan doesn't show garages.
A vote was taken and the amendment was added 6 -0.
Eastham again asked Miklo if they want to be sure to end up with four parking spaces per unit,
the Commission would have to specify that now.
Miklo said that was correct, because unlike storm water management, parking is not addressed
in the platting process.
Greenwood Hektoen said the Commission could move to amend the requirement of general
compliance with the concept plan to read general compliance with the concept plan with regard
to the parking shown.
Siders asked to speak. Greenwood Hektoen said he could if it was okay with the Commission
since the public hearing was closed.
Siders said he was fine with a zoning condition that requires double car garages, since that is
what they intend to build.
Eastham moved to amend the third condition to read "Development will be in general
compliance with the submitted concept plan regarding site layout, lot configuration, and
building orientation and units will be developed with double garages.
Planning and Zoning Commission
May 3, 2012 - Formal
Page 15 of 19
Weitzel seconded.
A vote was taken and the amendment was added 6 -0.
Howard recommended that the Commission might want to take a straw poll because if it's a
three -three tie, the rezoning request would fail.
Swygard said her biggest concern is the properties to the west and the drainage there, and she
understands that the only guarantee is that it will not make things worse. She said one of her
biggest questions is about maintenance and the responsibilities of the homeowners association.
She said she is still is a bit undecided.
Freerks said she is willing to move forward with the application. She said she thinks it's in the
best interest of Southgate to have all the things taken care of, because they don't want things
held up at the point of platting either. She said it is a requirement that these issues are not made
worse, and her hope is that they are made better, and she is willing to go forward because of
the amendments the Commission has added.
Weitzel said he is in favor of going forward.
Eastham said he is in favor too.
Thomas said he is not comfortable with the fact that there's a problem on the west side. He said
no one has explained to him why the flooding is occurring.
Weitzel asked if it was part of the subject property that was causing the flooding. He said he
didn't think it was and he doesn't see how water on the one property could cause flooding on
the other.
Thomas said that's what he doesn't know. He said that water is draining down that panhandle to
the catch basin at the bottom of the image on the screen. He said from what he's been hearing
that there may have been soil deposition and debris and lack of maintenance that's preventing
that water from draining to the catch basin, and so it's backing up.
Weitzel said what he was hearing was comments that water was coming from the west and
pooling up at the back of the lots, and that's a problem that's existed since the houses were
built.
Thomas reiterated that something is preventing that water from draining and clearly that
development was not developed with that being the expectation.
Freerks commented that nothing is going to improve if nothing happens.
Thomas said he had an issue with the language stating it won't exacerbate the problem and he
understands that in respect to the properties to the south because the water is draining overland
to the lower elevations. He said that the issue on the west side, though, is a separate problem
that he doesn't understand the reason for. He said it's difficult for him to say that they won't
exacerbate the storm water issues but we have a problem that's not being solved by the
detention basin.
Eastham said he shared many of Thomas's concerns but the City Engineers are going to look
carefully at whether or not flooding in the back yards of properties to the west is being caused
Planning and Zoning Commission
May 3, 2012 - Formal
Page 16 of 19
by water coming from the parcel in question. He said what he heard was some property owners
on the west saying that water in their back yards was coming primarily from just to the north and
areas to the west of their properties. He said he does agree with Thomas that they don't have a
clear engineering study of why residents' back yards on the west side are wet all the time. He
said he doesn't understand what authority the Commission would have to address that if it was
not being caused by the subject property under consideration for rezoning.
Weitzel said he doesn't want to be in the position to tell someone that every time they develop a
property they have to do a region -wide analysis of storm water drainage and solve everyone
else's problems.
Thomas said he understands, but flooding is occurring on this property.
Weitzel stated that it isn't the subject property.
A vote was taken and the motion carried 5 -1 with Thomas voting no.
Freerks explained that the Commission will see this again at the platting stage. The rezoning
request will now be forwarded to City Council and everyone will have another opportunity to
give feedback at that time as well.
Greenwood Hektoen said this rezoning item would likely be heard at the June 5th City Council
meeting.
REZ12- 00007: Discussion of an application an application submitted by The University of Iowa
for a rezoning from Public (P) zone to Community Business Service (CB -2) zone for
approximately 1.3 -acres of property located south of Harrison Street between Clinton Street and
Dubuque Street. (45 day limitation period: May 18, 2012)
Miklo said the Commission heard a full staff report at the informal meeting, so his report tonight
will be a short one. He said this property is zoned Public (P) and is being leased and possibly
transferred in the future to a private entity, it must be rezoned to one of the zoning districts. He
said the applicant has proposed Central Business Service Zone (CB -2), which is compatible
with the existing Comprehensive Plan for the area. He said staff anticipates with the Riverfront
Crossings there will be some new zoning designations in the area that would have
characteristics similar to the CB -2 zone.
Freerks asked why MldWestOne Bank is applying for the special exceptions while the property
is owned by the University of Iowa. She asked if it's common for whoever is leasing the property
to apply.
Miklo said that it was.
Freerks opened the public hearing.
Dan Black of MidWestOne Bank said that he is here to answer any questions. He said they will
try to get the CB -2 zoning and operate temporarily for two or three years in the Sabin Building
and then build on Harrison and Clinton.
Miklo clarified that since the property is still owned by the University the CB -2 designation is an
overlay zone but if it's transferred to private ownership in the future it would become a CB -2
zone without the P designation.
Planning and Zoning Commission
May 3, 2012 - Formal
Page 17 of 19
Freerks closed public hearing.
Freerks asked for a motion.
Eastham moved to approve REZ12- 00007, an application submitted by The University of
Iowa for a rezoning from Neighborhood Public (121) zone to Institutional Public with a
Central Business Service Overlay (P2 /CB -2) zone for approximately 1.3 -acres of property
located south of Harrison Street between Clinton Street and Dubuque Street.
(45 day limitation period: May 18, 2012)
Swygard seconded.
Freerks invited discussion.
Freerks said she thought this was a fine solution to a problem that started with flooding. She
said she does encourage potential re -use of the building in long -term.
Weitzel said in the interest of flood recovery, he is going to support the motion, but he hopes
that there is a creative solution to preserve Sabin and redevelop it and use the rest of the lot as
well.
A vote was taken and the motion carried 6 -0.
CONSIDERATION OF MEETING MINUTES: Aril S. 2012:
Eastham moved to approve the minutes.
Weitzel seconded.
The motion carried 6 -0.
OTHER:
Freerks thanked out -going Commission member Beth Koppes for her service and time and
presented her with a certificate of appreciation.
Weitzel explained to the Commission what had transpired at the City Council meeting that week
regarding zoning items.
Freerks went over the list of Commission representatives to attend the Council meetings and
explained to Martin how that system worked.
Miklo spoke about an upcoming training opportunity being held at the public library on May 22
and said he would email the Commission with details.
ADJOURNMENT:
Eastham moved to adjourn.
Planning and Zoning Commission
May 3, 2012 - Formal
Page 18 of 19
Weitzel seconded.
The meeting was adjourned on a 6 -0 vote.
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