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ITEM 2. STATE OF THE CITY
Throgmorton: Good evening to all of you and welcome on yet another cold night, February 16.
What do you expect? But it's supposed to get warmer, right, so ... we can feel
better about that! So ... the first item on the agenda is the State of City speech, so
it's my great honor to have the opportunity to deliver that speech to you tonight.
Before reporting on how our city is doing, I first want to thank you, the people of
Iowa City, for expressing your opinions or participating in the democratic (noises
on mic) of our city and for keeping your elected representatives feet to the fire.
(reads speech) Thank you. (applause) All right, we turn now .... thank you. We
turn now to proclamations, Item #3.
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regular formal meeting of February 16, 2016.
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ITEM 3. PROCLAMATIONS
ITEM 3a Black History Month — February
Throgmorton: I have two proclamations to read. I think there are people here to receive the
proclamations, so Marian, I should read it and then someone will come forth I
guess?
Karr: That's correct!
Throgmorton: Okay, the first has to do with Black History Month. (reads proclamation)
Karr: Here to accept the proclamation is Andrea Cohen from the Human Rights
Commission. (applause)
Throgmorton: Do you want to say a word or two?
Cohen: On behalf of the Human Rights Commission and the residents of Iowa City, thank
you very much. I think the proclamation is a clear public... recognition and
representation of the commitment... to make Iowa City a more just city. Thank
you!
Throgmorton: Thank you, Andrea! (applause)
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ITEM 3. PROCLAMATIONS
ITEM 3b Sertoma Week, February 22
Throgmorton: Okay, the second proclamation has to do with Sertoma's Freedom Week. (reads
proclamation)
Karr: Here to accept the proclamation is Ted Halm representing the Old Capitol
Sertoma Club. (applause)
Halm: Just briefly I wanted everyone to know that the topic for this year's essay contest
was 'Should Iowa retain the caucus system?' And as you might guess, we got
some very interesting (laughter) essays, and I want to again thank the Mayor and
the Council for this proclamation. Thank you. (applause)
Throgmorton: Thank you.
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ITEM 4. STUDENT LEADERSHIP AWARDS
ITEM 4a Horace Mann Elementary
Throgmorton: I think we have three students from Horace Mann Elementary! And I want to go
out front (several talking in background) Let's see, last time I did this I kinda
stumbled (both talking)
Dickens: We're not that scary here! (laughter and several talking)
Throgmorton: (mumbled) The lights on. Hello! It works! Bravo! Okay, so ... can I do this with
both hands? (mumbled) balance that (mumbled) So the first thing I'd like to say
is my daughter Zoey went to Horace Mann Elementary and I live about two
blocks away from it. It's a great school. You're very lucky to .... to be students
there. I'm going to read, uh, the ... the Leadership Award, uh, one time and then
hand it to each of you and then ask you to ... read your little speech, okay? So,
Student Leadership Award (reads award) So let me give this to you, Molly,
and ... exactly the same language goes to Jennifer Gemartino. There you go! The
last one goes to Alma Coronado -Castillo, yeah! Same one, same language to you.
Okay! So ... would you start, Molly?
Riepe: Hi, my name is Molly Riepe. I'm 10 -years -old and I'm in Miss Maloney's fifth
grade class at Horace Mann Elementary. I participate in three extracurricular
activities — dance, band, and running. Playing flute in a ma ... in a band of many
instruments has definitely showed me that it's important to work together as a
team. I've also raised money for the American Heart Association through Jump
Rope for Heart with the help of...from family and friends. Getting donations for
this special cause has taught me the importance of giving. I have participated in
student council, which is a great experience for me because I think it's important
to have input in school decisions. I really want to thank all my friends and family
for supporting me. Thank you for this honor. (applause)
Gemartino: Hi, my name is Jennifer Gemartino. I'm 12 -years -old and I go to Horace Mann
Elementary. In school I enjoy social studies, art, and P.E. I'm also in safety
patrol and student council. Outside of school I enjoy playing soccer, volleyball,
or just hanging out with friends. I also volunteer at my church. I want to thank
my classmates and teachers for ... for selecting me for this award. (applause)
Coronado -Castillo: Hi, my name is Alma Coronado -Castillo. I think I won this award because
I'm always helping my family, friends, and classmates. In school I enjoy doing
math, P.E., and music. After school I like reading, playing with my sister, and
enjoying time with my family. I also help (mumbled) with my family by cleaning
my room and helping my sister clean her room. I help my mom with housework
too. For this award I want to thank my teachers, my friends, and my family. I
also thank my class for voting for me and choosing me to receive this award.
Thank you ... to everyone that helps me out. (applause)
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Throgmorton: You're obviously great leaders within Horace Mann Elementary. They're very
lucky that you're students there. Uh, keep up the great work, uh, maybe .... as Matt
used to say, maybe one day you'll be up here on, uh, you know, on the City
Council helping to lead your ... your city. So, keep up the good work and now
it ... it's probably time to go home and take care of things at, uh, back at home. I ... I
see a proud mother back there. Are there more? Where ... where are (unable to
hear people speaking in background) You're not too proud, are ya? (laughter)
Yeah, okay, so thank you! Well done! (applause) (several talking and laughing
with audience members)
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ITEM 5. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED
Mims: So moved.
Dickens: Second.
Karr: Mr. Mayor, we have the removal of 5d(3) at the applicant's request. We will not
be acting at the Moss Ridge ... so we'll, if it's okay, we can adopt it with that
change.
Mims: Okay. As amended (several talking)
Throgmorton: So, uh, is there a motion to approve, uh, with the exception of (both talking)
Karr: I think (several talking)
Throgmorton: Already did? Okay. All right, and who seconded it? Susan (several talking),
Terry seconded it. Okay. Roll call.
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ITEM 6. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA)
Throgmorton: Uh... uh, so, uh, please feel free to come up and speak to any topic that's not on the
agenda. Please limit your comments to not more than five minutes. So we're
eager to hear from ya!
Olmstead: Good evening. Uh, Mayor and City Council, one request that I have sitting in the
audience trying to listen to you is if you could speak into the mics. It's
particularly distracting when you turn your head and we can't hear you. So I
would ask on behalf of myself and I'm sure others, please use the mics. Also I
have some suggestions for the strategic plan that you were looking at this evening.
Um, the ... social justice, uh, you're saying (mumbled). I think we need to promote.
I don't think we've done much (mumbling) in this community with racial justice.
So I would suggest we need to promote and make everybody concerned
throughout the community. Um ... also you've talked about walkable, uh... places in
the community. They need to also be accessible. People in wheelchairs and other
mobility devices need to be welcomed, and so I'd add (both talking)
Throgmorton: Of course!
Olmstead: ...accessibility. Um, you talked (mumbled) sustainability, about plastic bags and
about evaluating 'em. I think we (mumbled) over the years, uh, not just in this
community but in communities elsewhere, uh, so I don't know what type of
evaluation we need to do. I think we need to get on with it and take ... and set a
policy. Under healthy neighborhoods, I would encourage you to also add little
libraries. We're a City of Literature and I would hope that the City would
promote the libraries in the neighborhoods, and they have (mumbled) all over the
place, but I'm sure we can use more. And one last thing, uh, back to social justice
and racial equity. Um, we had the report last year from Ambrose College
regarding, uh, racial profiling. (mumbled) but others have seen it told me that it
found that we were doing racial profiling. I think we need to keep on top of that
and make sure we're not having our Police department doing racial profiling.
Thank you.
Throgmorton: Thank you, Harry! We're gonna have a follow-up, uh, presentation about the St.
Ambrose, uh... study in another month or there abouts, right?
Fruin: April 19"'.
Throgmorton: Thank you. Other people, uh, care to address Council? Okay! I don't see any.
So ... we'll move to Item 7, Planning and Zoning Matters.
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ITEM 7. PLANNING AND ZONING MATTERS
ITEM 7a VACATION OF WATERFRONT DRIVE — ORDINANCE
VACATING A PORTION OF WATERFRONT DRIVE LOCATED EAST
OF SOUTH GILBERT STREET
1. PUBLIC HEARING
Throgmorton: I'm gonna open the public hearing. (bangs gavel) John Yapp!
Yapp: Uh, good evening, John Yapp with, uh, Development Services Division. Um,
bear with me and I'll pull up the appropriate slides. Uh, this application is a
request to vacate ... uh, Waterfront Drive right-of-way east of, uh, Gilbert Street.
As shown on the overhead, this is currently a dead-end, uh, piece of right-of-way,
uh, a remnant piece of right-of-way, if you will, um ... uh, the Waterfront Drive
right-of-way terminates, uh... east of Gilbert Street. In the past, the City had
vacated other segments of Waterfront Drive, uh, in this area ... uh, but preserved
this segment of Waterfront Drive due to it providing access to two, uh, abutting
properties. Uh, we've received an application of a, uh, potential, uh, buyer of
these properties who would seek to, uh, have that right-of-way vacated in order to
facilitate a redevelopment, uh, of that corner with, uh... uh... small grocery store
and, uh, accessory building in the center of the property, uh, and replace it with an
access easement, uh, to get to the Car -X property, uh, to the east. Uh, when we
evaluate right-of-way vacations, we look at the impact on access and circulation,
uh, ac ... access to adjacent private properties, desirability of the right-of-way for
future access and traffic circulation, and the location of utilities and other
easements. Uh, regarding access to adjacent properties, as long as the, uh,
affected property owners agree with this request and we've received some letters
of support in ... in your packet, uh, this right-of-way does not provide general
traffic circulation purposes. It just provides access to adjacent properties. Uh,
regarding utilities, there, uh, City water and sewer do exist within the right-of-
way. Uh, what staff has recommended is that utility easements be retained for
those utilities until such time as new replacement utilities are accepted. At that
time, those easements could be released. That would require a subsequent action,
uh, by the City Council. Uh, regarding access to the Car -X, uh, property, you'll
see in their letter, uh, they requested identification of access, uh, to their property
through... through the new development, uh, including access to their property
during any reconstruction, uh, process. Uh, that type of detail would be shown on
a preliminary and final plat. Uh, what we've recommended is that the third
reading of the vacation not take place until, uh, that platting, uh, showing that
access easement, showing the new utilities, uh, can be done on a ... at a concurrent,
on the same agenda, uh, for the City Council. Uh, we have received a preliminary
plat application, uh, that is currently under review. Uh, again, regarding the
desirability for the right-of-way for general traffic circulation, it...it does not
appear to be needed. One benefit of this proposed concept is that there are
currently three access points, uh, onto Gilbert Street. Uh, with the proposed
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concept, those access points would be reduced to one access point, uh, to this
area. Essentially this area would function as a small shopping center. Uh, with
that ... staff has recommended approval, uh, subject to the retention of utility
easements and approval of a final plat, prior to the final approval of the vacation
request. Uh, the final plat shall include plans for utility relocation and a plan for
access to the Car -X property during construction and a permanent access
easement. Uh, the Planning and Zoning Commission recommended approval, uh,
by a vote of 6-0. Be glad to take any questions.
Throgmorton: Any questions for John?
Taylor: You mentioned a ... a grocery store. Now this is very close proximity to the Hyvee
grocery store. Would there be any sort of a ... uh, problem with that or (both
talking) grocery store?
Yapp: The property is currently zoned Community Commercial and that ... that zoning
does allow grocery stores.
Throgmorton: But ... Pauline, you're wondering about just economic competition (both talking)
Taylor: Right, as far as the competition. Yeah. (several talking)
Yapp: I believe it would create more competition. This is a ... a fairly small, bout a
15,000 square foot, uh, grocery store. It's identified on the concept as a'specialty
grocery store.'
Throgmorton: I ... I have one question, and the answer may just be blatantly obvious to
everybody, but uh, it may not be. Uh... what do you mean'vacate the property?'
Yapp: Oh, vacate refers to ... good question! Um ... public right-of-way is ... carries...
besides it being owned by the City, it being right-of-way carries with it the, uh,
right for the general public to use, uh, that right-of-way. Uh, the act of vacating a
property removes the public right-of-way designation. Then there would need to
be a subsequent action for the City to convey or sell the property, uh, to the, uh,
aspiring property owner.
Throgmorton: Yeah, that's pretty much what I was getting to was ... I mean, first of all I would
think that the idea of 'vacation' of property wouldn't make sense to many people,
but beyond that, if we're in fact vacating... property that's owned by the City, I
would think there's some economic value to that property. Maybe not much, but
some.
Yapp: Uh, there is, and this ... this particular applicant has already made an offer, uh, and
that would be before the City Council with the third reading of the vacation.
Throgmorton: Thanks, John. Any other questions for John?
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Yapp: Thank you.
Throgmorton: Thank you. Uh, would anybody else care to speak to this topic? Seeing none, I'm
going to close the public hearing. (bangs gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Mims Move first consideration.
Botchway: Second.
Throgmorton: Moved by Mims, seconded by Botchway. Discussion?
Dickens: (mumbled) project for that corner, redevelop it.
Throgmorton: Roll call. All right, motion passes 7-0.
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ITEM 7. PLANNING AND ZONING MATTERS
ITEM 7b REZONING SCOTT BOULEVARD AND LOWER WEST
BRANCH ROAD — ORDINANCE REZONING 9.33 ACRES OF
PROPERTY FROM LOW DENSITY SINGLE FAMILY (RS -5) ZONE
AND MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE TO PLANNED
DEVELOPMENT OVERLAY (OPD -8) ZONE AND A SENSITIVE AREAS
DEVELOPMENT PLAN FOR PINE GROVE LOCATED SOUTH OF
LOWER WEST BRANCH ROAD BETWEEN SCOTT BOULEVARD AND
HUMMINGBIRD LANE. (REZ15-00023/SUB15-00031)
1. PUBLIC HEARING
Throgmorton: Open the public hearing. (bangs gavel)
Yapp: Uh, this property is at the southeast corner of Scott Boulevard and Lower Wet
Branch Road. You'll see on the, uh, aerial view ... the trees on the property,
particularly at the northwest corner, uh, those trees were planted by the (clears
throat) previous property owner and while they were planted, uh, they do
constitute a woodland under our sensitive areas ordinance, and so our sensitive
areas ordinance did apply, uh, to this property. The current zoning of the
property ... uh, the frontage along Scott Boulevard is zoned RS -8 or medium
density single-family. The, uh, eastern portion of the property is RS -5 or sin...
low density single-family, excuse me. Uh, you'll also see on this overhead
surrounding, uh, zoning designations RS -12, OPD -8, uh, indicating a ... a higher
density zoning along Scott Boulevard, uh, medium density zoning on the north
side of Lower West Branch Road, and ... uh, low density single-family zoning on
the east side of Hummingbird Lane. The, uh, proposal ... is, uh, consists of two
things. One rezoning the entire property to RS -8 or medium density single-
family, and then clustering, uh, that density in certain portions of the property, in
order to achieve both a diversity of housing types, and protection of almost an
acre of woodland at the northwest corner of the site. Uh, 10 single-family lots are
proposed on the eastern half of the property. Uh, transitioning to the existing
single-family east of Hummingbird Lane. Uh, the middle portion of the property
would be, uh, two four-plexes, uh, townhouse style multi -family units, two -stories
in height, and the Scott Boulevard frontage would have a 36 -unit multi -family
building, uh, with a majority of parking for the building under the building, uh,
preserving the, uh... what is called the 'pine grove' at the northwest corner of the
site, and I have some other, uh, images to show you. Uh, this is a elevation image
of the multi -family building. Uh, some questions at the P&Z, uh, level were
raised regarding the, uh, building materials on the exterior of the building. Uh,
the first two floors are proposed as a ... a stone veneer on the building with, uh
vinyl siding on the third floor and the upper ... upper area of the building. Uh, this
is a view of the, uh, four-plex or townhouse units. Uh, building A and building B
with a slight variation, uh, in the roof line. Uh, these build .... the individual units
would also be articulated to, uh, better convey individual units. Uh, lot of
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discussion on the trees, uh, at the Planning and Zoning level. The previous
property owner did a great job, uh, planting, uh, trees on the property. What I'm
going to show you here is trees to be preserved, uh, as part of this development.
Uh, this row of evergreen trees would be along the rear lot lines, uh, of the single-
family lots. Uh, this is along the Hummingbird Lane frontage. A majority of
these trees would be preserved, except where, uh, driveways are proposed. And
as part of this plan, there would be two driveways, uh, to Hummingbird Lane. If I
can show you on the plan, that would be for lots, uh, 8 and lot 9, uh... two
driveways proposed. Lots, uh, 6 and 7 would have driveways to the new, uh,
street through the property. Uh, this is a view of the pine grove at the northwest,
uh, corner of the site. You'll see a reference in the staff report to, uh, the potential
for the, uh, trees in the pine grove needing to be thinned out. Uh, the City
Forester has walked this area and has determined, uh, none of the trees do need to
be thinned out. Uh, this is along the Lower West Branch Road frontage. Uh,
those ... those trees would be preserved. And the rear of the lots along the south
side of the property, uh, those trees would be preserved as well. And here's
another view at the, uh, southern portion of the property. Uh, regarding the new
street ... when the, uh, applicant first came to staff ...uh, his initial concept did
include a cul-de-sac, uh, for ... for the new street connecting Lower West Branch
Road and Hummingbird Lane. Uh, the City's subdivision standards, uh, require
an inter -connected street system, uh, for many reasons, uh, to better distribute
traffic volumes within an area, uh, more efficient services, uh, to and from an
area, uh, and upon discussion with the applicant, the applicant did propose, uh,
connecting, uh, that street. Regarding the tree protection measures on the plan,
uh, staff recommended and the applicant agreed to submit a, uh, tree protection
plan prior to any development to be reviewed by the City Forester to ensure those
trees shown as being protected, uh, will be protected. In the field they would be
fenced off, uh, with construction fencing, uh, so that as lots are being developed,
uh, no equipment disturbs those areas. Uh... this is a ... planned development, both
due to the sensitive areas and to allow the multi -family uses to be clustered, uh, in
such a way to gain the preservation of the woodland area and the groves of trees
around the site. Uh, Planning and Zoning Commission recommended approval by
a vote of 6-0, and with that, I'll be glad to take any questions.
Dulek: And maybe now would be the time to, um ... state whether anybody's had any ex
parte communications so we get that out.
Throgmorton: Good question! (several responding)
Dickens: How many feet or ... from the, uh ... (mumbled) how many feet is it from the ... Scott
Boulevard to the first access? Is that ... cause I know that's a busy corner, but
usually it's just on Sundays. There's a lot of church traffic that comes and that
backs up there.
Yapp: Yeah, Terry, that would be this access point here. If you give me a second I can
pull the plan out and...
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Dickens:
Yapp:
Dickens:
Yapp:
Dickens:
I don't think it's a major problem most of the time, but I know certain... certain
times there seems to be a backlog of traffic at that area.
Uh, approximately 260 or 70 feet. Is that ... (several talking) Oh ... approximately
330 feet.
So (both talking)
Which is about a full city block in the north side.
That's plenty.
Mims: John, with the tree preservation, is ... is there going to be basically a ... a covenant
that runs with the purchase of those lots? I mean are ... will individual property
owners, once they buy a lot, will they be able to take down those trees. Not ... why
anybody would really want to but.. just, how does that work?
Yapp: Uh that's a good question. Um ... on the plat we show construction limits lines, and
then require a tree ... uh, protection plan during construction. Post -construction we
would need some, uh... uh... language in the legal papers for each individual lot
that would carry through with the title, uh, to that lot.
Mims: Okay. So when they (both talking)
Yapp: We've not gotten to that stage yet.
Mims: Okay. So when they come get their building permit, there would...
Yapp: Notify.
Mims: Okay. They'd be notified (both talking)
Yapp: Actually when they purchase the property and their ... in their, it would be in their
title ... to the property.
Mims: Okay. (several talking) No, thanks. I just wanted to make sure that ... we
understood, the public understood what ... if that carried through and then making
sure that potential lot owners, buyers of the lots, would understand the limitations
on tree removal before they purchase (both talking)
Yapp: And typically that language does allow for maintenance, uh, and removal of
diseased or dying trees.
Mims: Okay. Thank you.
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Cole: And, John, in circumstances where some of the trees are removed, is there
anything in the City policies that requires those trees be planted elsewhere? I
mean in terms of replacing the lost numbers of trees on the lot?
Yapp: Yes, and actually in this particular proposal, uh, what the sensitive areas
ordinance requires is maintenance of 50% of the woodlands.
Cole: Okay.
Yapp: This proposal would, uh, remove slightly more than 50%. They have proposed
replacement trees on the property, in excess of the requirement. I think we
determined 16 replacement trees would be required. Uh, they are planting
approximately 40.
Cole: Okay. That's terrific!
Throgmorton: Other questions? Hearing none, thank you, John!
Yapp: Thank you.
Throgmorton: Would anyone else care to address this topic?
Dulek: And again now, if Council Members could disclose any ex parte communications
so members of the public could respond to that.
Mims: None.
Throgmorton: None. Yes, sir!
Hamilton: Thanks for the opportunity to address you. Uh, my name's Greg Hamilton.
Throgmorton: Hi, Greg!
Hamilton: I'm a property owner at 260 Hummingbird Lane, which is, uh, directly to the east
of the proposed new subdivision. Uh, and directly across from the ... the, uh,
Hummingbird access of the new Pine Grove Lane. Um ... I would support in
general a development on this property and that has been anticipated for ... for
some time. Uh, the, uh, Northeast District Plan that was developed at about the
same time that Hummingbird Lane was involuntarily annexed talked about, uh,
development. Um, and that plan contemplated the ... the current zoning of RS -5
and RS -8. It talked about the possibility of having greater density on the Scott
Boulevard side, uh, suggested, A ... um, duplexes I believe on the .... on the map on
that, on that plan, um, I don't ... um ... I ... I think there's a lot of good work that was
done. I, uh, would, uh... I appreciate what's been done regarding preserving the
trees, um, as I, uh, indicated in the, uh, email that I sent to the Council I addressed
earlier today, there's still two objections that I ... I'd continue to have, and I don't
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feel were addressed in the plan. One ... one is regarding the density. Um, currently
under the RS -5, uh... my understanding is that there would be no problem with the
single-family homes as they're currently drawn up because those single-family
homes are greater than would be required under RS -5 on the Hummingbird side.
Um, the, uh ... rezoning of, uh, the whole property to RS -8 as ... as was suggested
is ... is to allow a greater clustering, uh, and a ... a total, uh, greater density on the,
uh, Scott Boulevard side with the 36, uh, unit apartment complex. I think that is
something that's out of, uh, scale and out of keeping with the ... with the
neighborhood. Um, and uh... it's essentially a football field in length. Um, and
uh... I think that as I ... as I noted here, um, according to the Planning and Zoning
Commission's own .... own figures, even after, uh, the entire property would be
zoned RS -8, the ... the density of this with 54 households would be greater than the
historical density for an RS -8 development for that side of town. So, um, I ... I
think a, uh, apartment complex of about half that size would be, uh, more in
keeping with the total density of the area. Uh, the other concern I'd have would
be regarding the access on Hummingbird Lane. There are a number of, uh,
neighbors that ... that spoke to ... to safety issues and aesthetic concerns, uh... um ... as,
uh, was alluded, a cul-de-sac was proposed by the developer. The, uh... uh,
neighbors would also support a cul-de-sac. Um ... I'm not an expert on the ins and
outs of the ... of the zoning code, but the Northeast District Plan, which again is
just several years old, refers to cul-de-sacs and contemplates cul-de-sacs in new
developments in several places, and was able to, uh, determine some ... some
standards in the ... in the zoning code for that, which suggests that a cul-de-sac
should be no more than, I believe it was 900 linear feet and this is significantly
less than that. So a cul-de-sac would seem to be a possibility that, uh... uh, both
the developer and the ... and the community would support. Another possibility
would be an ... a secondary access. Um, the Northeast District Plan again
suggested that if, uh, high density developments like this, uh, apartment complex
were to be considered that they should be at the intersections of major
thoroughfares, presumably because traffic would be moved most expeditiously to
those major thoroughfares. Here essentially there's a detour through a, uh, a ... a
very, uh, residential neighborhood with ... with a great deal of...of walking, biking,
running traffic, um, and as the, uh... the transportation planners acknowledge that
there's.....there's no destination in that direction. They made no attempt to
calculate what the traffic flow, uh, could be, should be, or would be sustainable on
that street. They just indicate that there were no, uh... destinations in that
direction, so it was not likely to be used. Uh, I think the ... the risk is, uh, is on the
existing homeowners, that if, uh... uh, a detour is provided, that, you know, at
certain times that, uh, road may be forced to bear the entire... entire flow,
um .... City Planning and Zoning Commission again acknowledged that the current
width of Hummingbird Lane is below the design standards for a, uh, new
subdivision street, even though it was just paved a few years ago. And several of
the existing homeowners indicated that ... that, uh, that was by design, that the T -
intersection where Hummingbird joins to the, uh... the other residential road to the
south and the narrow road was ... was intentionally to, uh, limit through traffic. So,
um, if there was a secondary access, access on Scott Boulevard would seem to be
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more appropriate. Um, there is a ... a new subdivision, um, south of us, uh,
that .... that is also accessing Scott Boulevard. Thank you.
Throgmorton: Thank you, Greg. Anybody else care to address this topic? All right, I
should ... oop, sorry! Go ahead.
Musser: Thank you! Good evening, Duane Musser with MMS Consultants representing
the applicant. I just wanted to touch on a few things that, um, that John
mentioned and ... and be happy to answer any questions when I'm done. Um one
of the things I would..did want to bring up is storm water detention is already
provided for this piece of property. When ... when Scott Boulevard was developed,
there's a large basin to the south that provides a majority of the storm water
detention, and a small portion of the site does drain off to the northeast corder...
corner, and when the City Engineering designed that storm sewer system, that was
adequately sized for this future development. Um, just wanted to point out that,
you know, working through the concepts and working through City staff, we ... we
tried to match the multi -family buildings that are currently to the north and south
along Scott Boulevard. Um, I think it's pretty obvious looking at the zoning map
with the RS -12 and the OPD -8s, uh, to the north and south, we are ... we are trying
to match that density. Uh, another reason we did initially look at a cul-de-sac
early on was to try to save more trees. Um, we could actually, um, get more of
the existing trees in the backyards of those homes with a cul-de-sac bulb design,
and again, that ... that was some of the early concepts we did. Uh, as far as the ... the
10 single-family lots, um, as relating to the RS zoning sizing, our smallest lot is,
um, right now is lot .... 5, I believe, and it's a little under 12,000 square foot and
we have another lot that is almost 26,000 square foot. So we ... we do feel our
single-family lot sizes are in excess of the minimum RS -5 and ... and do blend in
well with the ... with the homes along Hummingbird Lane. Urn ... and again,
I ... I'd ... I'd refer to the traffic engineer's opinion on the circulation. We kind of
concur with him that we don't feel much of the traffic leaving this ... the new
development would use Hummingbird Lane, would go to the south, um,
un ... unless it was during one of those church ... um, peak times, but we ... we do feel
a majority of the people would be going up to Lower West Branch Road and
getting out to Scott Boulevard to go to their destination. So, um, we ... we do agree
with staff and working through staff on the concepts that the through street, um, is
a better design for ... for safety and access. Be happy to answer any questions.
Dickens: Was the cul-de-sac (clears throat) was the cul-de-sac taken out mainly for safety
reasons? Especially with fire trucks trying to get down that (both talking)
Musser: Correct, yes.
Dickens: ...turn around (both talking)
Musser: Right.
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Dickens: ...follow through and...
Musser: And obviously we knew from ... day one that we wouldn't, you know, we didn't
even attempt to get an access onto Scott Boulevard, as one ... as one of our concept
early on, so ... that was never really discussed.
Throgmorton: Any other questions for Duane?
Musser: Thank you.
Throgmorton: Thank you! Anybody else care to speak? Well I really don't see anybody this
time!
Dulek: Make sure that ya... um, take the temperature of the Council before you close the
public hearing.
Throgmorton: Thank you.
Dulek: Please! (laughs)
Throgmorton: Good advice going on here! (laughter) Uh, is anyone inclined to oppose the
proposed rezoning?
Thomas: I'm inclined to oppose it.
Throgmorton: I don't see ... I don't see a majority is inclined to (several talking)
Taylor: I ... applaud the fact that you tried to preserve the trees but (both talking)
Throgmorton: You don't need to go into detail (both talking) sense of where we are, so (both
talking) I don't sense a majority's, uh, inclined to oppose the rezoning. So I'm
gonna close the public hearing. (bangs gavel) All right, discussion? Now,
Pauline! (laughter) (several talking)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Botchway: Move first consideration.
Dickens: Second.
Throgmorton: All right, moved by Botchway, seconded by ... Dickens. Discussion? (several
talking)
Taylor: As I started to say, uh, I ... I applaud the efforts to save the trees, cause that's
always been a big thing of mine as far as the, uh, seeing so many trees taken
down. Uh, I do have, again the saf...safety concerns, uh... uh, that were expressed
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by the resident from Hummingbird Lane, uh, although I can understand as far as
the cul-de-sac, and I've heard also as far as trash pickup also they're looking at the
cul-de-sacs are difficult for, uh, the new design of the trash pickup vehicles to ... to
go on a cul-de-sac. Uh, so I think if there was something that could address that
safety issue, I ... more signage or something, that ... that helps to eliminate that
safety concern, uh, would be good. Uh... the ... the resident also mentioned the size
of the development. I don't know if that's a concern, why that was changed to be
a larger development rather than smaller ones. That would be concerning to me.
With the change in the design.
Throgmorton: (both talking) ...terms of the multi -family (both talking)
Taylor: Right. Right. Not the single-family. That seems fine. (several talking)
Throgmorton: On ... on this point, I'd like to ask John a question. Could ... John, could you come
up to the podium for a second? My question has to do with density. So, uh, in
terms of existing zoning, what's the allowable number of units, I don't know if
you can answer this at the moment, but what's the allowable number of units in
terms of the existing zoning, and then what's the, uh, you know, what's the total
number that's being requested here, or authorized here?
Yapp: Uh... I can answer the second question. Uh, the total number is 54 units, and total,
uh, and that would be at an RS -8 or medium density single-family, um, density.
The clustering is both from the single-family lots because they are larger, uh, as
well as ... preserving the open space results in that clustering in the, uh, multi-
family on the west side of the site. Uh, regarding what would be allowed under
the current zoning, certainly less than that. I'd have to come back to you with the
answer to that question.
Throgmorton: I ... I think it'd be helpful for next time we, uh, visit this at our next meeting,
but ... but also I'm wondering about trip generation rates. So, in terms of traffic
volume, what... what.... and I know you have a sense, you could calculate how
many vehicles per day or (both talking)
Yapp: Sure. It was estimated to be (several talking) it was estimated to be about 390
vehicles a day. Uh, and that is over a 24-hour period. Typically 25 to 30% of that
traffic occurs during the peak commute times, and the remainder is spread out
through... throughout the day and the evening.
Throgmorton: Okay, thanks, and ... and, again, I'm wondering about comparison of the ... of the
existing zoning versus (both talking)
Yapp: Sure!
Throgmorton:... the, uh, the requested rezoning.
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Yapp: And we can provide that for your next (several talking)
Throgmorton: Great! Other questions for anybody, or just, you know, continuing discussion
here?
Cole: Well, I guess I would say I am very impressed with this proposal. I think that
you're balancing a lot of what we're trying to achieve, which is greater density
in ... in neighborhoods, uh, preserving our, uh, our trees, our natural areas, and I
think the community member, Greg, I think he made some excellent points. I
understand where you're coming from, um, I do think that that ... they attempted to
make that, uh, a reality by having some of the single-family, so to me what this
proposal suggests is balance. It's a balance between the low density in certain
parts and higher density in others, and I'm very impressed with the work that staff
did, as well as the thoughtful proposal of the developer. So I'm going to support
this project.
Mims: Chalk up another one, Rockne, I agree with you 100V
Cole: We agree sometimes! (laughter)
Thomas: Um (clears throat) my comments, I, you know, I think the project's a ... an excellent
in -fill opportunity. Um ... the preservation of the trees, I think, is an important
factor in this project. I think my main concerns have to do, uh, with the scale of
the buildings. You know, these are ... these are areas that are zoned RS -5 and RS -
8, uh, that the ... area plan, uh, this is in the Northeast District, uh, the Lindemann
Hills neighborhood, and it ... in a way what it has, if you read the text in there and
staff referred to it in the, uh... Planning and Zoning meeting, uh, it almost has a
form -based approach in the Comprehensive Plan where it talks about, uh,
building types would be single-family townhouse and small apartment buildings,
uh, near the intersections of main ... main streets. So that's kinda given the ... giving
the character that the architecture in this particular part of Iowa City ... almost in a
form -based sort of way. So ... so what's happened in my view is we have a ... a
planned development overlay concept which is great. It provides a lot of
flexibility and ... and creativity in terms of how you design a site. This is a 10 -acre
site, so ... uh, there's a lot of development potential there, so the question really
boils down to how do you distribute that density on the 10 acres? And in my
mind... what... given that this is zoned RS -5 and RS -8, the ... the intent should try to
capture what the Comprehensive Plan is talking about in terms of the ... the
character of the buildings that, um, would be placed on the site. And ... neverthe
less, because it's a planned development overlay, we have, you know, there's the
opportunity to, you know, cluster as the word is used, to ... to cluster that density,
uh, and ... uh, fewer buildings. And, so what ... what I see here is that the building,
which is 280 -feet long, um, it's longer than the two buildings to the south. I
measured them on GIS at around 215 feet. So it's ... this is a very big building.
Uh, and so it seems to me that in terms of the spirit of the Comprehensive Plan,
which is ... which is emphasizing that the building types should be more...
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emphasize single-fam ... family, uh, and where you do go to higher densities where
that's, you know, permitted and promoted, that uh ... townhouses and small
apartment buildings would be the appropriate building type. I ... I can't ... I just can't
see this as being considered a small apartment building. Um, you know, we ran
into this on First Avenue across from Hickory Trail. It's a similar kind of issue.
When you have large acreages that you do a PDO for, there's the potential to
come up with, uh, buildings that are considerably larger than what would be
expected for the underlying zoning. Um, so ... I think ... for me where it breaks
down is on that ... that large building along, um along the west side of the property.
Um ... it's considerably larger than anything in the neighborhood, um ... and, you
know, I ... I would say, you know, I support the project. I support the concept of
diverse... diverse housing types. I ... I just feel we've gone too far in consolidating
that density in one building, and then another concern I would have is the, and in
looking at the site plan, is the connectivity of the... particularly that building in
terms of pedestrian flow, um ... through the property into the surrounding
neighborhoods. You know, we've been talking a lot over the last month or two
about .... you know, what makes a healthy neighborhood connectivity flow,
um ... particularly from a pedestrian standpoint, and I ... I don't see that in the current
site plan. So I ... I feel the... the... the basic concept is sound, um, but I ... I would like
to see ... that building on the west side scaled back a bit.
Throgmorton: Do I understand, John, uh, that you ... you really don't object to the ... to the rest of
the development, it's (both talking)
Thomas: Right. I think the, um, you know, the single-family, the four-plex units, I think I
would say ... honor the spirit of the Comprehensive Plan. Um ... you know, for that
area. Uh, but as I said, we ... I've seen this, we've seen this. I know we saw
it ... when I was on P&Z, uh, where when you have larger lots, there's that potential
for ... (coughing, unable to hear speaker) density, which in this case, you know,
we're talking that building is what, 36 units. Um, you know (laughs) I was
thinking about this in terms of the scale of my neighborhood. That's two blocks
worth of housing, in that one building. You know, we have roughly 16 to 17
houses per block. So ... um ... again, I think it's... it's ... I would view it as refining the
plan to ... to get that development of the multi -family more in ... in keeping with the
neighborhood.
Dickens: I guess I like the plan. I ... I really don't mind the building where it's placed and the
size, because it is along Scott Boulevard, which is a major thoroughfare. We do
have, uh... Old West Branch Road there at the top which can handle quite a bit of
traffic and ... because of the way it's set up, there's a lot of land around it
that ... gives you more of an open space and it is very walkable to the Old Towne
Center, so I....I see just nothing but pluses with this project. And the placement
of that building really does ... fit with that along Scott Boulevard.
Botchway: I would agree. I think, John, you bring up a ... a really convincing concern, and so
I was sittin' here tryin' to really kind of turn my wheels on that piece, because .... it
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makes a lot of sense. I just ... you know, I would agree, you know, just the overall
balance, trying to look at different, um ... different housing types. I ... I feel like in
this case, in this situation, I'm okay with going forward with it, and I agree with,
um, what Terry said, you know, the ... the ability to kind of walk to Old Towne
Center. There's a lot of pieces here and ... like I said, I mean, and like Rockne said
(mumbled) I really like the project. I mean, I was ... I was startin' to move
(mumbled) and I just ... I couldn't get there all the day but, um, that's a really good
concern. Something that, you know, maybe in the future think about but ... it's a
good point.
Throgmorton: I'm going to support the project too, uh, for reasons that have been articulated
quite clearly by others, and I guess, John, you and I'll have to chat about it or
something (mumbled) some other point, but ... I'm going to support it. Um ... so, uh,
roll call. No, we have a motion, right, so roll call, yeah. All right (both talking)
Karr: Motion to accept correspondence.
Botchway: So moved.
Dickens: Second.
Throgmorton: Moved and seconded by Botchway and seconded by Dickens. So, um ... um, all in
favor say aye. All opposed. Motion carries.
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ITEM 11. CITY COUNCIL INFORMATION
Throgmorton: We'll start with Pauline.
Taylor: I don't have anything.
Throgmorton: John!
Thomas: Um ... I attended ... as did Susan, uh, an event, uh, sponsored by the Iowa Policy
Project on, uh, the gardens in Milwaukee. Uh, which was a wonderful event.
Um, the emphasis on the presentation was on, uh, parts of...of Milwaukee, which
has significant numbers of vacant lots, uh, that were vacant because of demolition
of...of buildings, and uh, developing those vacant lots as gardens and orchards,
and uh, very successful program. Uh, you know, we don't (laughs) although as
Tom has said, we don't really have a vaca... we have a vacant lot problem, maybe
not generated in the same way as in Milwaukee, but um ... in Parkview Terrace we
do have kind of a patchwork...
Throgmorton: Sure!
Thomas: ....uh, land use down there, and um, I know I'm interested in the idea of
considering, um ... uh, whether orchard plantings may be possible on some of those
lots, um ... maybe that could be done on a kind of a case study basis, you know, try
it, test it, and see if it works. There are trees adapted to, um ... flood plains of that,
you know, fruit trees and nut trees, so ... uh, it actually had some relevance to, um,
to our situation.
Mims: Yeah, it was a great event. So, John and I went to that. Um ... also, uh, well Jim
and Rockne and I met with, uh, University... University of Iowa Faculty
Government Relations Committee about a week ago, and so I think that was very
productive meeting and came out of that with some ideas of maybe some, uh,
future engagement between them and, uh, the Council in terms of a little more
communication and, uh, possibly finding some means of cooperation on some
things, so ... (both talking)
Cole: ...very positive, I agree!
Mims: Yep! Very positive meeting, so.... Um ... think that's it for the moment!
Throgmorton: Great! Thanks! Kingsley?
Botchway: I already mentioned at the last meeting just, um, lot of the different things or
activities going on for Black History Month. Um, this Friday actually won't be
able to attend, but there's a soul food dinner and entertainment at City High
School. Um, from 6:00 to 8:00 P.M. On Saturday there's a (mumbled) museum
with the The Dream Center at the Robert A. Lee Rec Center, um, start ... doors
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open at 5:30 and activities are from 6:00 to 8:00 P.M. I don't believe there'll be
another Council meeting, so I'll quickly say the others. On Thursday, February
25th, um, from 5:30 to 7:00, the -there'll be just kind of a mobile health clinic at
the Broadway Neighborhood Centers and then there's going to be a Unity Concert
at New Creations International Center on February 27 at 3:00 P.M.
Dickens: I just attended a meeting last week for Summer of the Arts and how they're gonna
try to handle the, uh, tearing up of Washington Street and, uh, any ideas that, uh,
anybody has, they're willing to listen to. If you want to get on their web site, uh,
they're willing to take any suggestions. They've got some plans of moving things
around and ... and doing the best they can with that, but they always are looking for
input and more volunteers, because it's a very big project, uh... the, uh, Arts Fest
and Jazz Fest, uh, Soul Fest will not take place this year because of some
difficulties, but will be started up again next year with the cooperation of the
University of Iowa, from what I understand. It'll be down the hill, but it'll come
back in, so ... that's all I have.
Cole: Yeah, I agree with Susan. We just had a fantastic meeting with the University of
Iowa, got a lot of great ideas, and there's nothing like sort of getting together so
you can actually chat and sort of share what your .... what your vision is. So it was
a very positive, um, meeting that we had. I also want to highlight along with a
local foods event, there was a local foods event at Johnson Count Fairgrounds.
And I'll tell ya what, it is really exciting what's happening. Uh, we're getting a lot
of real big employers that are now involved in this, and I think we really are on
the cusp of some really great growth in this particular area. Um, while I was there
I got a lot of questions about this little $25,000, uh, grant that we're gonna ... or a
project to be named in local foods, and so I think it's going to be exciting, uh, to
work with local partners to sort of figure out what that's gonna look like. I think
people are really excited about that. Um ... and along with the trees, you know,
John, you had mentioned the orchard. I think we are getting a lot of feedback
from community members about, you know, what ... how can we make our ... our
neighborhoods more, uh, with more edible fruit trees and these sorts of things, so
I think that's a exciting challenge I think that we're gonna work forward as well,
so um, that was really exciting, and one final thing — maybe more of a budget
issue, but I just want to say, um, I've had some really good productive sessions
with (mumbled) Antelope Library and I really hope that as we move forward,
whether this is our future budget issue, that we really find a way to support a
library, as well as figure out a way that we can, uh, productively collaborate with
Antelope, um, you know, so I think that's the final thing I'd like to say.
Throgmorton: Great! Uh, I ... I want to mention only one thing. I want to congratulate our City
Attorney Eleanor Dilkes' son, Joey, for having recently, uh, won the State Debate
Championship for City High. It's a terrific thing. I wish Eleanor were here so
that, uh, we could congratulate her directly, but it'll go through Sue and ... I'm sure
she'll hear. Okay! I think that would be it.
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