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HomeMy WebLinkAbout2013-10-17 Info PacketSdREi. A �`-' � 9- CITY COUNCIL INFORMATION PACKET -• -AM._ CITY OF IOWA CITY www.icgov.org October 17, 2013 IP1 Council Tentative Meeting Schedule MISCELLANEOUS I132 Copy of email from City Manager: Iowa City, IA Named One of the Two 100 Best Places to Live by Liveability.com IP3 Memo from City Clerk: KXIC Radio Show IP4 Memo from the City Clerk: National League of Cities / Congress of Cities meeting IP5 Copy of letter from Mediacom: Channel lineup replacement DRAFT MINUTES IP6 Planning and Zoning Commission: October 3 (formal) I U -1 / -I J IP1 City Council Tentative Meeting Schedule ' 4+ Subject to change October 17, 2013 •�60L CITY OF IOWA CITY Date Time Meeting Location 0 o Monday, October 28, 2013 4:30 PM Joint Meeting /Work Session IC Public Library I I �5 5 W, II�� II Tuesday, November 12, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Special Formal Meeting Emma J. Harvat Hall Monday, November 25 1:00 -7:00 Ph Strategic Planning /Work Session Lodge, Trueblood Rec. d Tuesday, December 3, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall i� `_' Tuesday, December 17, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall Saturday, January 4, 2014 8AM -5PM Spec. Formal (Organizational Mtg.) Emma J. Harvat Hall Special BUDGET Work Session Meeting 9 k , Monday, January 6, 2014 1:00- 7:OOPM Special BUDGET Work Session Meeting Emma J. Harvat Hall �7 Tuesday, January 7, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting I•. ��i I(� �'�e,��'Mi( Py Tuesday, January 14, 2014 5:00 PM Special BUDGET Work Session Meeting Emma J. Harvat Hall np Tuesday, January 21, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, February 4, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting c, Tuesday, February 18, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting w Tuesday, March 4, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, March 25, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Marian Karr IP2� From: Tom Markus Sent: Wednesday, October 16, 2013 9:58 AM To: Marian Karr Subject: FW: Iowa City, IA Named One of the Top 100 Best Places to Live by Livability.com Please share with the city council From: Matt Carmichael [mailto:mattc @livability.com] Sent: Wednesday, October 16, 2013 9:00 AM To: Council Subject: Iowa City, IA Named One of the Top 100 Best Places to Live by Livability.com If you're having trouble viewing this email, you may see it online. till EVAR 0 America's Best Places to Live & Visit Share This: W©b Q+ '�' TeBf? � '/✓ Iowa City, IA Named One of the Top 100 Best Places to Live by Livability.com Study of livability factors in small - to-mid -sized cities yields an Index of the top 100 communities in America Iowa City has been named one of the Top 100 Best Places to Live by Livability.com, a website that ranks quality of life and travel amenities of America's small and mid -sized cities. See the full list at: livability.com/top-1 00-best-places-to-1 ive. The list is the result of a months -long study of U.S. cities and the factors that make them better places to live, work and play. Livability.com partnered with the Martin Prosperity Institute, the world's leading think tank on the role of location, place, and city- regions in global economic prosperity, to produce the list. "This is the first time we have focused on measures for specific cities instead of metropolitan regions," said Kevin Stolarick, PhD, Research Director at the Martin Prosperity Institute. "While getting consistent, reliable data at the cities level had its challenges, the results were worth the effort." Livability recruited Ipsos Public Affairs, a leading market research firm, to conduct a survey to find out what quality of life amenities residents value most. Respondents were asked about factors that make their communities better places to live, as well as the factors they would consider in selecting another city. Those factors were narrowed down to eight categories — economics, housing, amenities, infrastructure, demographics, social and civic capital, education and healthcare — that were used to score and rank cities. Researchers narrowed their field to small -to- mid -sized cities with populations between 20,000 and 350,000 before collecting data for each city from a wide range of sources, including the U.S. Census Bureau, Walkscore and GreatSchools.com. Iowa City scored high in the areas of health care and education as well as social and civic capital. "Great cities are more than just a check -list of bars, coffee shops and museums. Our goal was to collect the best data available, from the best sources and the best partners to gauge the true measures of livability. Access was important, but so were utilization and affordability," said Livability.com editor Matt Carmichael. "By using data from the public sector, the private sector and non - profits focused on these issues, we have compiled an Index that celebrates America's great cities and towns." The too 100 cities are featured on Livability.com, along with their LivScores and information about the amenities that helped them make the list. Visit http: / /bit.ly /1bLW51v to view and download interview clips of Matt Carmichael, editor of Livability.com. About Livability.com: Livability.com explores what makes small to mid -sized cities great places to live, work and visit. We examine issues related to livability such as walkability, cultural amenities, transportation, urban planning and sustainability through exclusive research and discussions on our blog. We celebrate the accomplishments of these cities through our monthly top 10 lists, our annual ranking of Livable Cities, our rich photography and our conversations with readers in social media. Livability.com is a division of Journal Communications, Inc. About the Martin Prosperity Institute: The Lloyd & Delphine Martin Prosperity Institute is the world's leading think -tank on the role of sub - national factors - location, place and city- regions - in global economic prosperity. We take an integrated view of prosperity, looking beyond economic measures to include the importance of quality of place and the development of people's creative potential. The Institute conducts relevant research to shape debate about economic prosperity and to inform private, public and civic decision - making at the highest levels. The Institute is part of the Rotman School of Management at the University of Toronto. Contact: Matt Carmichael 847 - 969 -5483 mattcC& l iva bi lity.com JOURNAL COMMUNICATIONS a,s,oy -tw- cuswwcoxrEN. 725 Cool Springs Blvd. Franklin, TN 37067 @Copyright 2013 Livability.com. All rights reserved. This email was sent to councilCmiowa- city.ora. To ensure that you continue receiving our emails, please add us to your address book or safe list. manage your preferences I ont out using TrueRemovep. Got this as a forward? Sian up to receive our future emails. PO1vFRf0 eY , emma* P tit OWN CITY OF IOWA CITY MEMORANDUM Date: October 16, 2013 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: KXIC Radio Show At your October 15 work session meeting Council Members agreed to the following schedule: October 16 — Mims October 23 — Mims October 30 — Dickens November 6 — Champion November 13 - Hayek Future commitments: November 27 — Dobyns January 29 — Dobyns March 19 - Dobyns April 30 - Dobyns June 18 - Dobyns U: rad iosh owappts. doc 1 U-1 1--1,5 IP3 �_ CITY OF IOWA CITY_ MEMORANDUM Date: October 15, 2013 To: Mayor and City Council From: Marian K. Karr. City Clerk Re: National League of Cities / Congress of Cities meeting Registration is available for the National League of Cities Congress of Cities conference in Seattle November 13 — November 16. I've attached some information on the conference, and do have extra brochures if any of you are interested. Please let me know if you'd like me to handle any registration or travel plans for you. U:NLCmemo.doc WASHINGTON CONVENTION NOVEMBER ALL ACROSS AMERICA CITIES LEAD The 2013 Congress of Cities and Exposition will showcase the dynamic ways cities are driving change and finding successful solutions to the most pressing challenges in local government. City officials and staff from across the country will come together in Seattle, Washington for a unique opportunity to share best practices and learn strategies to promote local economic and financial health, improve the built and natural environment, and ensure quality of life for all city residents. PRELIMINARY SCHEDULE (subject to change( TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Nov. 12 Nov. 13 Nov. 14 Nov. 15 Nov. 16 Registration Registration Registration Registration Registration Mobile Workshops Board of Directors Conference Workshops Conference Workshops Preconference Trainings Meeting Exposition Hall Open Closing General Session First Time Attendee Mobile Workshops Conference Wide Lunch and Luncheon Orientation Preconference Trainings in Exposition Hall Annual Business Networking Events Exposition Hall Open Conference Wide Lunch Conference Workshops Networking Events Meeting in Exposition Hall Opening General Session qF Welcome Reception in 7 Exposition Hall Networking Events 1 Register Online of www.nlc.org/CoC d' FITIES LEAD... WITH KNOWLEDGE Workshop sessions will be held Friday and Saturday and will be offered in a variety of formats. Content will address topics including economic development, public safety, civic engagement, and infrastructure, plus much more. Whether you are brand new to public office or local government, or you have lengthy experience, you will undoubtedly come away with new knowledge and ideas to take back home. 2013 WORKSHOPS:* • Managing Costs, Meeting Needs • Revving the Economic Engines of Smaller Communities • Using Technology to Bolster Economic Development • Ready to Work • Tools and Techniques for Successful Downtown Revitalization • Making Your City More Business Friendly • Mobile Vending: Emerging Industry, Outdated Regulations • Economic Development Financing Tools • Shifting Expectations for Neighborhoods in Transition • Creating Active Transportation Infrastructures That Promote Walking and Biking • Challenges and Opportunities of Addressing the Needs of an Aging Population • Extreme Weather Events and Adaptive Infrastructure • Strategically Investing in Green Infrastructure Projects to Get the 'Most Green for Your Greenbacks" • Local Options to Finance Infrastructure CITIES LEAD... WITH SHARPENED SKILLS Maximize your trip to the Congress of Cities by participating in preconference leadership training seminars. Offered on Wednesday, November 13th and Thursday, November 14th, these half and full day seminars are crafted to bolster your individual leadership skills in specific areas. Carefully selected trainers ensure you take away applicable techniques and strategies from each session. Seminars will fall under the following topic areas: • Leadership /Communications/ • Civic Engagement /Inclusion Advocacy • Topical (such as local food • Management /Budget/Technology movement) These seminars are still in development, but will be posted on the conference webpage as soon as they are finalized. CITIES LEAD... WITH INNOVATIVE SOLUTIONS Nearly 300 exhibit booths featuring key companies and organizations municipal leaders will want to connect with will be on -hand in the Exposition to provide you with services and solutions that will save money, make your city more efficient, increase the quality of Igo in your community, and help you serve your city better. THERE IS SOMETHING FOR EVERY CITY HERE. WHAT WILL YOU DISCOVER? CITIES LEAD... WITH GOODWILL Take some time while you're at the conference to contribute and give back to the City of Seattle and communities all over the country. NLC is once again partnering With Good 360 to give conference delegates the opportunity to give the gift of some of their time in order to make a difference. Delegates will assemble kits for veterans and their families that will help them more successfully adjust and reintegrate back into their community after a deployment. • The Suburbanization of Poverty: Local Challenges and Regional Solutions • Engaging Residents in Solutions: Using Data and Technology to Improve Local Government • Managing Emergencies: How Cities and Towns Can Prepare For Crisis Situations • Successfully Reintegrating Veterans to Meet Community Needs • Strengthening Our Communities, Promoting Public Safety • Supporting Start-ups and Entrepreneurs `Subject to change CITIES LEAD... IN ALL SHAPES AND SIZES Big cities, small towns, urban, suburban, and rural: you'll find it all at the Congress of Cities and Exposition. NLC proudly welcomes cities and communities of all sizes and types, and ensures that conference programming addresses this broad audience. In addition to the conference workshops, delegates are encouraged to attend any of the member council meetings, which include: • Large Cities Council • University Communities Council • Small Cities Council • Military Communities Council • First Tier Suburbs Council Will this be your first NLC conference? Are you a newly elected official? NLC provides special programming for you, including a concierge service to help you navigate the conference and a lively New Member /First Time Attendee Session where you'll have the opportunity to learn about NLC, meet other new delegates, and interact with longtime members and NLC leadership. Young Elected Officials are an important part of NLC! Look for special programming this year to allow young elected officials to connect with each other and find a place in NLC. Bring a team from your city and take full advantage of all conference offerings. Register five from your city and the sixth registration is free. CITIES LEAD... THE CELEBRATION! This year's closing gala will be an event not to be missed! Join your fellow delegates at one of Seattle's most famous venues, with music, dancing, and spectacular food from world renowned chefs as you explore the contemporary, cutting edge venue — Seattle's Experience Music Project (EMP). Register Online at www.nlc.org /Co( CITIES LEAD... ON THE ROAD Host City Seattle has developed several mobile workshops that will be available on Wednesday, November 13th and Thursday, November 14th. These workshops, which are like mini field trips through different neighborhoods and feature Seattle or surrounding cities, are free to any registered conference delegate (but reservations are required as space fills up!). The Seattle region has a lot of knowledge to share, so don't miss out on this experience. Mobile Workshops this year include: • The Power of Community Engagement: Revitalizing a Neighborhood, Maintaining Its Character • Community Emergency Hubs: Supporting the community in their Resiliency • City of Seattle's Zero Waste Strategy: Tour of Republic Services Recycling Facility — Sponsored by Republic Services • Microsoft Campus Tour — Insight into Making Your City Safer Using the Power of Big Data — Sponsored h A,li.res.-,rt • Community Schools Collaboration • LED Street Lighting Conversion: Saving Your community Money, While Improving Public Safety • Making Your Community Digitally Inclusive: Strategies for Bringing Technology to Neighborhoods • Microsoft Campus Tour — Modernize Your City with Connected Citizen Services -- Sponsored by Microsoft • Pathways to Careers: Public- Private Partnerships to Fill Skills Gaps • Going Metro: Suburban Transformation in the 21 st Century — Sponsored by the City of Bellevue • Transformation of South Lake Union Neighborhood • The Living Building Challenge: What Your City Can Learn from the Greenest Commercial Building in the World • Reaching Maximum Velocity: How the City of Kenmore is Leveraging Local Businesses to Strengthen Economic Development Efforts — Sponsored by the City of Kenmore SPOUSE /GUEST TOURS: While delegates are in sessions all day... the conference guests go out to play! Choose from six exciting tour options Wednes- day through Friday and experience what Seattle and its surroundings are all about. Tours are offered at a small fee. Register early to guarantee your spot. Tours offered include: • Walking Tour of Pike Place Market — The "Soul of Seattle" • Chocolate Tour of Seattle • Woodinville Wine Tour Ftk%. • +a • Microbrew 8 Distillery Tour •. • • Ferry Ride and lunch on Bainbridge Island • Underground Tour of Seattle and Ride the Ducks Tour Register Online at wwrik.org/CoC Med i acom 1P5 October 9, 2013 Ms. Marian Karr 410 E. Washington St. Iowa City, Iowa 52240 -1826 Dear Marian Karr, As part of our agreement with Disney and ABC, Fusion will replace ABC News Now on your channel lineup on or about October 28, 2013. Fusion is a News, Information and Lifestyle Network. Fusion will be part of the Sport and Information package and be displayed on channel 238. If there are any questions please contact me at 319 - 395 -9699 ext 3461 or by e-mail at IgrassleyCa)mediacomcc.com . _ CD � Sincerely, an R "`` - r —ih N " M Lee Grassley �' w Senior Manager, Government Relations Mediacom Communications Corporation 4010 Alexandra Drive Waterloo, IA 50702 -6118 319- 232 -8800 Fax 319 - 232 -7841 10 -17 -13 IP6 PLANNING AND ZONING COMMISSION PRELIMINARY OCTOBER 3,— 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Phoebe Martin, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: Anne Freerks STAFF PRESENT: Bob Miklo, Bailee McClellan, Sarah Greenwood Hektoen OTHERS PRESENT: Joe Assouline, John Moreland, Jr., Sara Cross, Laura Aschenbrenner, Florence Stockman RECOMMENDATIONS TO CITY COUNCIL: 1. The Commission voted 6 -0 to recommend approval of REZ13- 00024/SUB13- 00018, an application submitted by The Crossing Development LC for a rezoning of 3.77 -acres from Interim Development Single Family (ID -RS) zone to Planned Development Overlay -Low Density Single Family (OPD -5) zone and an application submitted by Southgate Development Services LLC for a preliminary plat of Cardinal Ridge Part 4, a 24 -lot, 8.48 acre residential subdivision located on Camp Cardinal Road subject to the resolution of the location of the mailbox clusters. 2. The Commission voted 6 -0 to recommend approval of SUB13- 00019, an application submitted by Arlington LC for a preliminary plat of Windsor West Part 3, a 24 -lot, 12.38 acre residential subdivision located at Buckingham Lane and Sherwood Drive, north of American Legion Road. 3. The Commission voted 6 -0 to recommend approval of SUB13- 00020, a preliminary plat of Stone Bridge Estates Parts 8 and 9, a 49 -lot, 18.22 acre residential subdivision north of Court Street and south of Lower West Branch Road along extensions of Colchester Drive and Chadwick and Eversoll Lanes pending approval from the City Engineer. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Rezoning / Development Item REZ13- 00024/SUB13- 00018: Discussion of an application submitted by The Crossing Development LC for a rezoning of 3.77 -acres from Interim Development Single Family (ID- RS) zone to Planned Development Overlay — Low Density Single Family (OPD -5) zone and an application submitted by Southgate Development Services LLC for a preliminary plat of Cardinal Ridge Part 4, a 24 -lot, 8.48 acre residential subdivision located on Camp Cardinal Road. Miklo said the plan is to extend the street on the subject property to connect the north and south Planning and Zoning Commission October 3, 2013 - Formal Page 2 of 9 sections of Camp Cardinal Road near Kennedy Parkway. He said the western part of the subdivision does require rezoning from ID -RS to OPD -5. He said the Comprehensive Plan does show this area as appropriate for low- density single family with two to eight dwelling units per acre. He said the bulk of the neighborhood to the east is zoned RS -5 with a Planned Development Overlay so the proposed zoning would be compatible with that. He said the subdivision design would be very similar to the existing parts of the Cardinal Ridge Subdivision. Miklo said a Sensitive Areas Plan is required because there are critical slopes in the property. He said virtually all of the trees on the property would have to be removed to allow the street to go through. He said there are not enough trees to qualify as woodland, and so they can't be protected by the Sensitive Areas Ordinance. He said there is an extensive amount of woodland being preserved in the larger neighborhood. Miklo said there is one aspect of the subdivision that does not comply with the City's regulations that require mailbox clusters be located so that no lot is more than six - hundred feet from a mailbox cluster. He said where the developer proposes to place the mailboxes for the subject subdivision would be far in excess of six - hundred feet for the southern lots. He said staff will be meeting with the post office to try and work out the problem. Miklo said staff recommends approval of the application subject to that being resolved before this goes to Council. Miklo showed some photographs of the area. Eastham asked what Council would receive if the Commission passed this along without the issue of mailbox clusters resolved. Miklo said the mailbox clusters would need to be shown as an outlot near the center of the subdivision or they could put a cluster to the north and one to the south. He said if they can't come to an agreement with the post office the applicant could go to the Council and seek a variance from the standards. Miklo pointed out that this is a rezoning, and the Councils vote on the subdivision won't occur until the third reading of the rezoning oridinance. He said the option staff favors is getting the ordinance changed. Eastham asked if the post office can refuse to deliver mail to mail boxes that don't meet the ordinance requirements. Miklo said that's something to be discussed with the post office. Thomas asked if the mail boxes would be along Kennedy Parkway. Miklo said the mailboxes as proposed would be on Eagle Place which is off of Camp Cardinal Road north of Kennedy Parkway. Thomas said he thought that having to cross Kennedy Parkway would be something of an inconvenience. Miklo said that will increase the likelihood that people will drive to get their mail. Eastham opened public discussion. Glenn Siders with Southgate Development Services said he is representing both the applicant for the rezoning and the development. He said once the post office and the City come to an agreement, the applicant will figure out how to accommodate that. He said the post office has a number of concerns, one of which is that this will be a fairly steep road, comparable to Benton Street in grade. He said the post office has additional regulations that they need to consider. Siders said he would like the Commission to recommend approval pending the resolution of the mail box issue. Joe Assouline of 814 Camp Cardinal Road said when they purchased their lot they were told there would be some preservation of the land around that and were presented with the idea that there would be some prairie. He said there are several hundred trees that are to be removed. He said there is a very, very steep ravine nearby, and he has had rain erosion close to his house a number of times. He said he's very concerned about removing these trees which are Planning and Zoning Commission October 3, 2013 - Formal Page 3 of 9 probably holding up some of the land around the ravine. He said he knows a road is planned, but that could easily be worked out so some of the trees could be maintained as opposed to adding hundreds of habitations. He said it's getting crowded with the new school and clinic with only one road in and out. He said the new road has a very steep exit on the other side. He said they are increasing the traffic, removing the trees and not really looking at the environment. He said for those who live there, they have a much bigger problem than the mailboxes, and it should be addressed by the Council. Eastham closed public discussion. Thomas moved to recommend approval of REZ13- 00024/SUB13 -00018 subject to the resolution of the location of the mailbox clusters. Swygard seconded. Thomas said this project seems to be consistent with the Comprehensive Plan and the question of neighborhood compatibility has been addressed as well as the issues of the environmentally sensitive areas. He said he will approve the project because it's in accordance with those ordinances as they now stand. Swygard said she sees nothing in staff report to indicate concerns by City Engineers about run- off so she will support it. Eastham asked Miklo if he has additional comments about storm water run -off caused by installing the street as well as the homes and whether or not removing the vegetation where the road will have to go would increase run -off on existing properties. Miklo said when the original subdivision for the larger development was reviewed, overall concept for storm water management was examined closely by the City Engineer and was found satisfactory. He said with this new addition they also looked at the additional lots and are satisfied with the proposal. He said there will be more detailed storm water plans at the time of final plat approval. Miklo said in terms of affecting the adjacent properties it should have minimal if any effect given that there's a ravine that's between those properties. Theobald said she hoped the solution to the mailbox issue does not involve crossing Kennedy Parkway due to the traffic that goes through there. She asked if there's a way for them to be located on the other side of the parkway. Miklo said it could be subject to the post office approval but the postal representative he spoke to said they had concerns about a mail truck stopping on such a steep slope. Eastham asked if one solution would be to have two clusters. Miklo said that was true, but the post office has been trying to get fewer stops. Dyer asked when part of a subdivision is finished and people experience erosion from run -off that the engineers didn't think would happen, does anyone go back and look before the next part is done. Miklo said there could be a number of reasons for erosion on a private property that have nothing to do with the subdivision design. He said that grading of the private lot is usually the responsibility of the contractor who built the house. Eastham said that anyone who has continued concerns about run -off can contact staff and raise those concerns when this item is brought to the Council for rezoning and preliminary plat approval. A vote was taken and the motion carried 6 -0. Planning and Zoning Commission October 3, 2013 - Formal Page 4 of 9 Development Items: SUB13- 00019: Discussion of an application submitted by Arlington LC for a preliminary plat of Windsor West Part 3, a 24 -lot, 12.38 acre residential subdivision located at Buckingham Lane and Sherwood Drive, north of American Legion Road. Miklo showed a map of the subject property and a photograph of the original subdivision as approved in 2005. He said Parts One and Two were final platted at that time, while Part Three expired. He said the plan is to go forward with a very similar design to the one that was proposed in 2005. He said Buckingham and Cumberland would connect to the adjacent subdivision. He said the Commission received emails from concerned residents on Cumberland about this connection, and said this connection has always been shown on the recorded plats as connecting. He said there are two other connections designed into the plat to allow better emergency vehicle access and to provide more efficient snow removal and garbage services and to allow better circulation in the neighborhood so the residents in the east end of Cumberland don't have all the traffic passing in front of them. He said it would also cut down on vehicle trips and doubling back to get to the other side of the subdivision. Miklo said there is a neighborhood open space requirement that's being partially fulfilled with a trail connection to the park to the northwest but there would also be neighborhood open space and infrastructure fees required. Miklo said they received some late comments from the City Engineers who identified some technical corrections needed to the plat, but other than that it is in order for approval and so staff recommends approval subject to the City Engineers signing off on it before it goes to Council. Swygard asked if they are also requesting a reduction in the sidewalks. Miklo said that is detailed in a previous staff report regarding sidewalk standards that were changed after Parts One and Two were completed, and in the interest of continuity, staff recommends using the same pre- change standards. Eastham said that some of the emails claimed there are currently marketing statements indicating that the Cumberland cul -de -sac is to be permanent. He said he has seen such situations in many other cases before the Commission and asks again if there is anything the City can do to encourage more candid marketing on the part of the developers. Miklo replied that in some subdivisions we have required that stubs streets be marked with signage indicating the street is intended to be extended. He said with this subdivision it's been a matter of public record. Eastham opened public discussion. John Moreland, the developer, said they have always intended for Cumberland to be connected because the City required that. He said he has never represented that street in any other way. Eastham corrected himself and said he was actually intended to not refer to developers, but to people who are representing homes for sale. Sara Cross of Cumberland Lane said there's a long- standing sign on the street that advertises "quiet cul -de- sac." She said a number of the neighbors were misled to believe that it would always be a cul -de -sac. She said she understands the reasons to connect the street, but said there has never seen any problems with snow or garbage removal. She said she and neighbors would like to know if it is absolutely necessary to make it a through street, because many of them bought thinking it would always be a cul -de -sac. Planning and Zoning Commission October 3, 2013 - Formal Page 5 of 9 Laura Aschenbrenner 4246 Cumberland Lane seconded the request made by Cross. She said she would like to know why the City needs that connection. She likes the quiet on the cul -de- sac. She said the people on the street would gladly take the inconvenience of doubling back over having it as a through street. Miklo said there is an ordinance that says a cul -de -sac or dead -end street can't be more than 900 feet long for emergency access. He said for garbage and snow removal, it's more efficient when the street connects. He said the more people have to double back or drive the more carbon fuel is released. He said the amount of traffic on Cumberland with this connection should not increase, and once the connection is made, it's unlikely that there will be much traffic beyond the people who live on Cumberland. Eastham closed public hearing. Dyer moved to recommend approval of application SUB13- 00019. Martin seconded. Martin said she would like to address the concerns of apparent misrepresentation. She said she wished that the status of the street connection had not been misrepresented so they wouldn't have to have this conversation here and could deal with the zoning and subdivision design, not the fact that people think they were misled to begin with. She said that if there was misrepresentation that could be reported to the Board of Realtors. She said this subdivision has been in the works for some time. She likes the idea of a sign at the end of a street that is stubbed and would raise a red flag when someone is looking at properties. Greenwood Hektoen noted that when property is final platted and recorded, a note will show up in the owner's abstract identifying temporary cul -de -sac. She said preliminary plats are not recorded and especially those for adjacent subdivisions wouldn't show up in an abstract. She said how careful the attorney is in doing the title search for a property is one way to find out about the purpose of outlots or where roads are going to lead to. Eastham said he's been on the Commission long enough to hear this same story too often — that the buyers were not informed. He said there may have been information available at the times homes were purchased but whether or not it's reasonable to expect people to go through all the contingencies that are possible when you buy a; home and what's going to happen in your surrounding area is another question. Swygard said it would have been beneficial for the applicant to have used the Good Neighbor Policy and maybe explore some of these issues and perhaps explain to neighborhood representatives. She said she wants to encourage the use of that. She said she thinks it's a good solution in this area to conform to the sidewalk width that is already in place on surrounding streets. Theobald said she liked Swygard's comment about the Good Neighbor Policy. She said the cul- de -sac was clearly meant to go through. She said she's lived on a cul -de -sac, and looking back on it she thinks that having two accesses might cut down on some of the traffic for those living on the eastern portion of the street. Thomas added that this is his first experience with misrepresentation, and that clearly needs to be addressed. He said one of his concerns with a connection would be whether it would increase traffic speeds, and he said based on the roadway alignment it doesn't look like that would be an issue. He noted that, as Miklo said, the traffic would mainly be from those who live Planning and Zoning Commission October 3, 2013 - Formal Page 6 of 9 on the street. He said he's mainly concerned by the misrepresentation issue. Eastham said everyone is welcome to attend the Council meeting when this will be considered by the Council, and if the public may hear things there that were not brought up tonight. He said this is not his first experience hearing stories about misrepresentation in terms of what information they were given when they purchased a home or rented. He said he's not blaming realtors or anyone else, but he thinks it's an unfortunate situation. Eastham said connecting Cumberland is both called for by the current ordinances and is also good policy for all the reasons that have been discussed. He said he doesn't think the people living on the most westerly part of Cumberland will experience much of an increase in traffic. He said it's reasonable to accept that slight increase in traffic in order to attain the benefits of street connections that have previously been cited here. Eastham said there are studies that show that if street design policy were to have every street as a cul -de -sac that connects to an arterial and then nowhere, that kind of design of not connecting doesn't lead to good things. A vote was taken and the motion carried 6 -0. SUB13- 00020: Discussion of an application submitted by Arlington LC for a preliminary plat of Stone Bridge Parts 8 and 9, a 49 -lot, 18.22 acre residential subdivision located at Chadwick Lane and Thames Drive, south of Lower West Branch Road. Miklo said this is the last two parts of the Stone Bridge Estates Subdivision. The overall subdivision was approved a number of years ago, but the preliminary plat has expired, so the applicant is seeking reapproval. He said some infrastructure fees agreed to in the Conditional Zoning Agreement (CZA) will apply and will need to be addressed at final plat approval. He said Clty Engineers found some minor technical items that will need to be corrected before this goes on to Council. He said staff is recommending approval subject to the City Engineers' approval. Eastham opened public discussion. John Moreland, the developer, said they let it expire because of the bad housing market 2008- 2012. Florence Stoekman of 132 Eversoll Lane said she's on the homeowners' board, and they are supportive of this moving forward. She said with this development Chadwick Lane will go out onto Lower West Branch Road. She said there's a lot of traffic in that area. She said the trail will be totally connected when Parts 8 and 9 are completed. She said the only downside is that the homeowners' association is struggling to manage that buffer area where the trail is. She said people buying in the area where the trail will go in had been told to treat that as their back yard. She said maybe they need signage to delineate between public and private property. She said otherwise, this is a very positive thing. Martin asked if Stoekman was talking about Colchester Drive. Stoekman said she was. Eastham asked for clarification. Martin said she's talking about people living on Colchester Drive using the stream buffer space as their own yard. Stoekman said right now it appears as if it is a back yard, because the trail runs along the other side of the creek, but will cross over eventually. She said the association doesn't know how to get out plantings people have put in the public area. Eastham closed public discussion. Planning and Zoning Commission October 3, 2013 - Formal Page 7 of 9 Thomas moved to recommend approval of SUB13- 00020, a preliminary plat of Stone Bridge Estates Parts 8 and 9, a 49 -lot, 18.22 acre residential subdivision north of Court Street and south of Lower West Branch Road along extensions of Colchester Drive and Chadwick and Eversoll Lanes pending approval from the City Engineer. Theobald seconded. Thomas said this one seems pretty straightforward. He said he's interested to hear the concerns about Outlot C, and with his background in public space, it's something that's always concerned him. He said from the preliminary plat he can see how the properties on both sides of the public space might want to encroach into it. He said it's something that needs addressed. Thomas asked if there were design standards. Miklo said he thinks that once a trail is in and it's clearly public land, or open space controlled by the home owners, association that helps. He said some communities have signs put up, and that's a standard they could explore for future subdivisions. Greenwood - Hektoen said that prior to acceptance of an outlot, Public Works does an inspection, and if they see intrusions, they won't accept it until those intrusions are removed. Miklo said Outlot B will be public, and the City will take that over but the homeowners' association manages the rest of the stream buffer. Eastham asked if the homeowners' association has an obligation to manage inadvertent usage. Greenwood Hektoen said from the City's perspective it is the association's obligation to maintain their boundaries. She said it would be the association's responsibility to remedy any problems that may arise from private use of public property. Eastham asked if they would have to bear the expense if there were legal challenges. Greenwood Hektoen said ultimately they could seek remedy from the private property owner, but the City would hold the association accountable. Eastham said it's not clear that the path they've been taking in terms of allowing, requiring or facilitating private maintenance of a publically used space is going to work out well in the long - run. He said he's at a loss to figure out how to deal with this. Miklo said the City has struggled with this as well. He said it's difficult for the City, given their fiscal constraints, to take on more public ownership and maintenance. He said the alternative to the homeowners' association would be to divide it into individual lots and the access by others in the subdivision is lost and the ability to connect the subdivision with trails and greenways is also sacrificed. Eastham said he understands that the individual ownership idea is not a good situation. Theobald said she was excited to see all this building in this area. Eastham said he does think this is a good step to this developing community and the east side of town and commends the developer in persisting in this. He said managing the public part of the trail space doesn't take away from all the advantages of having additional homes built here. A vote was taken and the motion carried 6 -0. Planning and Zoning Commission October 3, 2013 - Formal Page 8 of 9 Consideration of Meeting Minutes: September 19, 2013 Martin moved to approve minutes. Swygard seconded. A vote was taken and the motion carried 6 -0. OTHER Eastham reported that he attended the last City Council meeting, where a resident of the Miller Orchard Neighborhood gave a presentation and reported that the development along Riverside Drive is really not helping the neighborhood. He asked if there was any remedy for abandoned business sites that are essentially a concrete slab and dirt parking lot. Miklo reported that there are some development negotiations in the works for some of the more egregious sites. Swygard said there had been some interest by some Council members as a result of that presentation. ADJOURNMENT: Martin moved to adjourn. Swygard seconded. 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