HomeMy WebLinkAbout2010-05-20 Info Packet~~~ ~~~
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CITY OF IOWA CITY
www.icgov.org
CITY COUNCIL INFORMATION PACKET
May 20, 2010
MISCELLANEOUS
IP1 Council Meetings and Work Session Agenda
IP2 Memorandum from the City Clerk: Absence
IP3 Memorandum from the Director of Public Works and the Director of Planning and Community
Development: Update: Flood-related activities
IP4 Press Release: Save the date for this year's Rummage in the Ramp!
IP5 Minutes: Joint Informal Meeting of Johnson County Board of Supervisors and Criminal
Justice Coordinating Committee: April 7, 2010
IP6 Memorandum from the City Attorney: Absence
DRAFT MINUTES
IP7 Planning and Zoning Commission: May 3, 2010
IP8 Planning and Zoning Commission: May 6, 2010
IP9 Senior Center Commission: April 22, 2010
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' "'"'®'"~ City Council Meeting Schedule and
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CITY Of IOWA CITY Work Session Agendas May 20, Zoio
www.icgov.org
TENTATIVE MEETING SCHEDULE
SUBJECT TO CHANGE
• MONDAY, MAY 31
Memorial Day Holiday -City Offices Closed
• TUESDAY, JUNE 1 Emma J. Harvat Hall
5:30p Special Work Session
7:OOp Regular Formal (Continue Work Session if necessary)
• FRIDAY, JUNE 4 Emma J. Harvat Hall
8:OOa Special Work Session -City Manager Search
• MONDAY, JUNE 14 Emma J. Harvat Hall
6:30p Regular Work Session
• TUESDAY, JUNE 15 Emma J. Harvat Hall
7:OOp Regular Formal Council Meeting
• WEDNESDAY, JUNE 30 North Liberty
4:OOp Joint Meeting
• MONDAY, JULY 5
Independence Day Holiday -City Offices Closed
• MONDAY, JULY 12 Emma J. Harvat Hall
TBD Special Work Session
7:OOp Special Formal Council Meeting (Continue Work Session if necessary)
• MONDAY, AUGUST 16 Emma J. Harvat Hall
6:30p Regular Work Session
• TUESDAY, AUGUST 17 Emma J. Harvat Hall
7:OOp Regular Formal Council Meeting
• MONDAY, AUGUST 30 Emma J. Harvat Hall
6:30p Special Work Session
• TUESDAY, AUGUST 31 Emma J. Harvat Hall
7:OOp Special Formal Council Meeting
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~:,_,®~ CITY OF [OWA C1Tl 1P2
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DATE: May 20, 2010
TO: Mayor and City Council
FROM: Marian K. Karr, City Clerk ~'`~"`-
RE: Absence
I will be out of the office May 21-27, 2010, and back in the office Friday, May 28. Staff will have
my contact information.
cc: Eleanor Dilkes
Dale Helling
U/absenceMAY.doc
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,'~i~'p°~~ CITY OF IC)WA CITY IP3
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Date: May 20, 2010
To: City Council
From: Rick Fosse, Director of Public Works
Jeff Davidson, Director of Planning and Community Development
Re: Update: Flood-related activities
Engineering and Public Works Administration
• The Showers Addition demolition of the structures is complete. Site restoration is
ongoing.
• The demolition of structures in the Parkview Terrace Subdivision is ongoing.
• The demolition along Taft Speedway is ongoing.
• FEMA has begun the environmental and archeological reviews for the forced relocation
of the Animal Shelter.
Relocation of the North Wastewater Treatment Facility
• EDA Project Engineer and Legal Advisor conducted project management conference for staff and
toured project site.
• Project kickoff meeting was held for logistical issues with Stanley Consultants, Brown & Caldwell
and city staff.
• Field survey by MMS Consultants to collect sewer data for collection system model is underway.
• Plant kickoff meeting was held with Stanley Consultants, Brown & Caldwell and city staff.
Dubuque Street Elevation and Park Road Bridge Replacement
RFQ for engineering services will be issued on Monday, May 24. Notices will run in the Press-
Citizen, Gazette and Des Moines Register newspapers. A webpage on the City site has been setup
for the RFQ process. Projected RFQ milestones are: June 3, 2010 -Pre-Submittal Conference; June
18, 2010 -Responses due to the City; July 27 & 28, 2010 -Consultant interviews; July 30, 2010 -
Final selection negotiation; Aug 2 - 20, 2010 -Contract negotiations; August 31, 2010 -Contract
recommended for City Council approval
Water Division
River Crossings
Due to the lack of `obligation' designation from FEMA we have curtailed the design and
construction of replacement of two 12" river crossing repairs (Old Plant and Hwy 6).
Howard R Green Consultants (HRG) has submitted a draft of scope of services for
design, bid specifications and inspection of the interim project to repair and support the
undermined sections of the two existing 12" water mains. We will wait to see if FEMA
funding comes through for the replacement project.
Still no word on FEMA funding for this project.
May 20, 2010
Page 2
Peninsula Source Protection
• The HRG Hazard Mitigation Study is the source of planning for proposed funding and
projects on the peninsula site and the plant site improvements.
• The PW and Hazard Mitigation Plan for peninsula work; CW 3, CW 4, SW 4, JW 2 and
the respective electrical systems has been `obligated' by FEMA.
• Plans and Specifications for the Hazard Mitigation projects are being scheduled for
public hearings with the City Council in order to put them out for bid. The proposed
schedule will have the projects completed by 12/31/10.
Water Works Prairie Park Source Protection
• The HRG Hazard Mitigation Study is being used for additional funding requests for
hazard mitigation for plant site well houses.
• We have received official notice that the FEMA funding application has been received
and review is proceeding. We continue to await the results.
Planning and Community Development
• A total of 42 residential properties have been acquired with Federal and State funds. Of the 42
properties, 30 of the homes have been acquired through the Hazard Mitigation Grant Program
(FEMA), eight with Community Development Block Grant (CDBG) funds, and four with
Community Disaster Grant (CDG) funds. This week, one more property (612 Normandy Drive)
was demolished. As of today, 29 properties have been demolished in the Parkview Terrace and
Taft Speedway neighborhoods.
• Staff continues to review Jumpstart applications for disbursing State Jumpstart 2 and State
Jumpstart 3 funding for housing rehab/repair, down payment assistance and interim mortgage
assistance. A total of $1.65 million in State Jumpstart funding has been used to assist 71 flood-
impacted residential households and $861,000 in Federal Jumpstart funding has been used to
assist 17 households.
• The City is now accepting applications for the two new business assistance programs: Equipment
Reimbursement Assistance Program, and Flood Insurance Reimbursement Program. The City is
continuing to take applications for the other four available business assistance programs:
Expanded Business Rental Assistance Program, Loan Interest Supplement Program, Residential
Landlord Business Support Program, and Commercial Rental Revenue Gap Program.
• The I-JOBS Board of Directors will be meeting in Coralville durin~ the morning of June 2"d. The
Board will be visiting Iowa City during the afternoon of June 2" .They will be visiting the two
projects funded during the 2009 legislative session -- expansion of the South Treatment Facility
and construction of Fire Station #4.
IP4
Jodi DeMeulenaere
From: City of Iowa City [web@iowa-city.org]
Sent: Monday, May 17, 2010 12:31 PM
To: Jodi DeMeulenaere
Subject: Save the date for this year's Rummage in the Ramp!
As students focus on wrapping up their academic year, the City of Iowa City Landfill and
Recycling Center and the Neighborhood Services Division are starting to prepare for the
onslaught of possessions students will leave behind when they leave town. For the fourth year in
a row, the City's Recycling Coordinator and Neighborhood Services Coordinator will work with
students, landlords, local nonprofit organizations, and other City staff in an effort to divert those
possessions from the landfill to the City's biggest garage sale: Rummage in the Ramp.
Dates for this year's Rummage in the Ramp are Sunday, July 25 through Monday, August 2. As
it has in the past three years, the event will serve three purposes:
KEEP STILL-USABLE ITEMS OUT OF THE LANDFILL
By donating no-longer-needed clean furniture, housewares, clothing, books, and other items to
Rummage in the Ramp -- instead of tossing them in a dumpster or depositing them on the curb -
- students will help keep tons of still-usable items out of the landfill.
OFFER ITEMS FOR SALE
Donated items will be offered for sale so that incoming students and other members of the
community can purchase them at affordable prices. As in previous years, most items will be sold
for under $20.
HELP SUPPORT LOCAL NONPROFITS
Local nonprofit organizations that sign up to help provide staffing for Rummage in the Ramp
divide the profits from the sale, thereby helping to raise funds for their organizations.
The donation and sales location will once again be the Chauncey Swan Parking Ramp, under
the College Street Bridge. Donation times and sales hours will run simultaneously, which on
mast days will be noon to 8 p.m. Extended hours are scheduled for Saturday, July 31, when the
event will begin at 8 a.m. Pick-up service for people who want to donate items but have no way
to transport them to the ramp will also be available again this year for a small fee.
Continue to watch for event updates over the summer, but for the time being, mark your
calendar for this year's Rummage in the Ramp --July 25 -August 2 --and start setting your
donations aside. If you run across some great still-usable items at the curb or the dumpster and
you've got extra room available, please consider rescuing and temporarily storing the items until
they can be donated to Rummage in the Ramp in July.
For more information, contact Jen Jordan at 319.887.6160 or a-mail iennifer-iordan aniowa-
cit .or or Marcia Bollinger at 319.356.5237 or a-mail marcia-bollinger(a~iowa-city.or4.
5/17/2010
Save the date for this year's Rummage in the Contact: Jen Jordan
Ramp! Contact Phone: (319) 887-6160
Posted by: Neigh. Services
Mailing List(s): General City News
Originally Posted 5/17/2010 12:31:22 PM
MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD 0... ~P5
MINUTES OF THE JOINT INFORMAL MEETING OF JOHNSON COUNTY BOARD OF
SUPERVISORS AND CRIMINAL JUSTICE COORDINATING COMMITTEE:
APRIL 7, 2010
TABLE OF CONTENTS
Alternatives and Treatments Subcommittee Report
Public Information/Outreach Subcommittee Report
Planning and Objectives Timeline
Facilities Subcommittee Report
Novak Design Group Architect Jim Novak: Space Needs Analysis Update
Letter from. General Services Administration
Other
Funding/Grants Subcommittee Report
Criminal Justice Coordinatin¢ Committee Members: Additional Comments
Comments from the Public
Set Next Meeting Date
Page
Chairperson Stutsman called the Johnson County Board of Supervisors to order in the Johnson
County Health and Human Services Building, Conference Rooms 203B and 203C, at 4:30 p.m.
Members present were: Pat Harney, Terrence Neuzil, Janelle Rettig, Sally Stutsman, and Rod Sullivan.
Justice Center Coordinating Committee members present were: County Attorney Janet Lyness, County
Sheriff Lonny Pulkrabek, Judge Doug Russell, Iowa City City Council Member Connie Champion, Bar
Association Representative .James McCarraghar, Citizen Representative Professor Emeritus John
Stratton, Citizen Representative Bob Elliott, and Iowa City Public Library Adult Service Coordinator
Kara Logsden. Absent: MECCA Director Steve Estes, Public Defender John Robertson, Consultation of
Religious Communities Representative Dorothy Whiston, and Department of Corrections Supervisor
Jerri Allen. Staff present: Executive Assistant Andy Johnson and Auditor's Office Recording Secretary
Nancy Tomkovicz.
ALTERNATIVES AND TREATMENTS SUBCOMMITTEE REPORT
County Attorney Janet Lyness said she has a report from MECCA that they conducted during the
third quarter, which was from January 2010 through March 2010. MECCA staff attended initial
occurrences on 85 days. They had 105 assessments requested and completed 104. Treatment was
recommended in 59% of those. The number of assessments that were requested during the weekends
was 54, and 53 were completed. Three of those evaluations were conducted in Spanish. In specific
treatment recommendations, 37 people did not have further treatment recommended, seven had further
evaluation, which means that they felt there was more information that they needed to gather. This
means the person may not have been completely truthful or wasn't able to give more information.
Continuing care was recommended for four people, extended outpatient for 30 people, intensive
outpatient for 17 people, and residential services for ten people.
Lyness stated one person was referred for assessment, but did not complete the evaluation process,
due to a state of intoxication at the time. MECCA staff informed him and others requiring further
evaluation how to complete it at a later date, as a follow up. There were three individuals who were
monolingual Spanish speakers who were met by a MECCA counselor and an interpreter. Seven of the
assessments were completed at the public defender's request. These individuals were also covered under
the Jail contract, expediting the client's release from jail. Ten MECCA counselors are trained to provide
assessments at the Jail in order to insure daily coverage.
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Stutsman told Lyness that she understands Lyness will be attending a meeting about alternatives.
Lyness said yes. Sullivan asked if they are talking about the National Association of Counties (NACo).
Lyness said yes. She said NACo is having a Jail Alternatives Conference in Pittsburgh, Pennsylvania
and Sergeant John Good from the Jail and Temporary Mobile Crisis Coordinator Jessica Peckover are
attending. She stated she ended up being waitlisted, but she's going to be in Pittsburgh because her
father is having surgery on April 12, 2010. Lyness said she told NACo to keep her on the list, because
she might be able to attend, but they don't need to provide her with a motel room. Stutsman asked if
NACo is paying. Lyness said NACo is paying for the hotel. She said she thinks the conference costs
$100, so they will just have to pay for transportation and food expenses.
Stutsman said Mental Health/Disability Services Director Kris Artley told her about the conference
on April 6, 2010 and it sounds like it will be a good conference. Lyness said there will be a
teleconference. She said she doesn't know if others received the notice from NACo, but she said she'll
try to send that information to the Board. It will be an hour and a half webinar. She said that will be
happening within the next couple of weeks. She stated she will send that information to those who are
interested in participating if they are a member of NACo.
PUBLIC INFORMATION/OUTREACH SUBCOMMITTEE REPORT
Planning and Objectives Timeline
Bar Association Representative Jim McCarragher stated the Public Information and Outreach
Subcommittee had been trying to, for the last couple of months, put together what they would like the
committee to consider as a plan, with regard to the justice center. He said they would like to get this on
a timetable so they can start working on a set of goals, and completing those goals, toward eventually
putting it up for the public vote on a ballot. They are trying to see if they can take the plans from all the
subcommittees and formulate each of those subcommittees into a working committee toward an
eventual goal of placing it on a ballot.
McCarragher said they put together a document that he thinks has been given out to those present at
the meeting. It's titled the CJCC Justice Center Planning and Objectives, April 2010 -May 2010. It
lists major points that the subcommittee is trying to complete. He said they are trying to determine
space needs, create a cost and benefit analysis, hire an architect, develop a timeline and compile
subcommittee reports. He said they're trying to design a PowerPoint presentation and hire a
communications firm. Each of the subsequent pages goes through a segment of time. McCarragher said
for each segment of time, the subcommittee has outlined what they think might be a goal for each of the
subcommittees, including the Public Information and Outreach Subcommittee. He said near the end, his
subcommittee will probably take the brunt of the work, because that's a time they are going to be putting
the information before the public. They know they will need the assistance of all of the subcommittees
in order to do that.
McCarragher said they've tried to think through each of the various planning stages that they think
this project would have to go through toward an eventual placement on the ballot. For each segment of
time, they have outlined each committee and tried to outline some goals that the subcommittee thinks
might be appropriate for each of the subcommittees, including the Public Information and Outreach
Subcommittee. He said the Public Information and Outreach Subcommittee is not saying this is
something all the subcommittees have to do, but rather it's something they brought together as what they
think would be appropriate for each subcommittee. He said they would like each subcommittee to
review this document and provide input. The importance of this document is they will want the CJCC
Committee to adopt a plan like the one he is presenting.
McCarragher said they would like to get the committee moving forward with a plan that would
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MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD 0... Page 3 of 9
actually put this on the ballot. In order to do that, McCarragher said they would like to see if they have a
consensus among the people on the committee to prepare such a plan. Then, they will present it to the
Board and ask the Board if they think this is a plan they think would be appropriate for them. That way,
they have a gauge of everybody on the committee as to whether this project is moving forward. They
will have a gauge from the Board to know if they want to move forward with this project. McCarragher
said at that point they will have a plan. At the point, they would have a plan that each of the
subcommittees can then begin to work on toward an eventual goal at a specific time table.
McCarragher said that is the essence of this document. He said the Public Information and Outreach
Subcommittee was trying to come together to try and help everybody, including themselves, in putting
down some time tables. If they are serious about going forward, this is what the Public Information and
Outreach Subcommittee thinks they have to do between April 2010 and an eventual ballot date to get
things done. He said they're asking that the subcommittee chairman meet with the committees and go
over the document presented today. He said obviously the document can be changed in some regard.
By the time they get into April 2010 they would like to at least have the committee be able to say they
believe this is what should be done. Then, they would take it to the Board and if they agree, then they
all have a plan that can be implemented and this project can start moving forward toward the eventual
goal of being placed on a ballot for the public's consideration.
Stutsman asked if McCarragher wants the subcommittees to review each of their particular areas and
then come back at the next CJCC Meeting. McCarragher said he would like subcommittees to meet
before the next meeting and then report back to McCarragher as to whether they believe each of the
items in the document are necessary and doable. Then, by the time McCarragher attends the next CJCC
Meeting, he will have all of the corrections and changes and they will hopefully have a document that
can be approved by the committee for presentation to the Board. Stutsman asked the Board if that's
agreeable with everybody. CJCC Member Bob Elliott told McCarragher that he really likes that plan.
He said he thinks it's good to have something set, so that whenever the CJCC gets the go ahead they can
push the button and they're ready to go. Stutsman said she thinks the document is pretty well spelled
out and is an impressive piece of work from the Public Information and Outreach Subcommittee. She
asked McCarragher if he wants committees to meet and get back to him a week before the next meeting
with any changes and then the Board will go from there. McCarragher said that would be fantastic,
because that would give the Public Information and Outreach Subcommittee time to redo the document
and add any suggestions and make any changes. Then they can have a document that they can discuss,
agree upon, and then submit to the Board.
FACILITIES SUBCOMMITTEE REPORT
Novak Design Group Architect Jim Novak: Space Needs Analysis Update
Novak Design Group Architect Jim Novak said he has spent some time gathering a lot of
information that they needed before they actually met with different department heads and members of
different organizations. Subsequent to that, Novak, Novak Design Group Associate Mitch Bloomquist,
and Novak Design Group Architect Gary Landhauser have interviewed most of the principles of the
different departments. He said they came up with a list of all of the spaces. He said they're developing
a spreadsheet on every space, including custodial closets, which will be in the new justice center. He
said they have done interviews with the different department heads listing different spaces that go into
their particular department. Along with that, most of those, except the courts, have been sent out to the
departments to review in case there are spaces that Novak Design Group missed. He said the courts one
will be sent out on April 8, 2010.
Novak said one of the things a lot of people brought up is the Nevada, Iowa Justice Center. He
stated he and Bloomquist are planning to tour that facility in the near future. He said Bloomquist will be
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MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD 0... Page 4 of 9
talking a little bit about process and how much has been completed, but they're hoping to have the initial
draft completed within 30 days of April 7, 2010. He stated he'll let Bloomquist explain some of the
processes that Novak Design Group is going to go through and a little bit about the interviews.
Bloomquist said they completed all of the initial interviews to determine the initial list of spaces. He
said from there, they are going to get those lists back to each department and division for them to review
and make any amendments to the lists and return them to Novak Design Group. The next thing they
want to do is inventory all of the equipment that is going to the spaces from fax machines and scanners
to storage shelves and things like that. Then, they will look for an approval on the spaces and equipment
so they can get the square footages down and move into creating space standards. He stated it's where
they create standards for offices and conferences and there will be more complex standards in this
program. They will develop those. Following that, they will develop relationship standards and develop
diagrams for associate spaces and their relationships to each other.
Bloomquist said after that, they are going to spend some time looking at their space study and
compare it to the previous feasibility study. They will document any discrepancies or differences
between the two studies and talk about those and see why they are there. They will figure out which one
is closer to what is really needed and shore that up. Bloomquist said that will be followed by Novak
Design Group's final report.
Novak stated it's difficult to visualize these spaces without a drawing. He said that they will have a
drawing of every space that is in this new building, whether it's a jail cell, a conference room, or an
office. He said the principles within the building will be able to look at those spaces and know what's in
there and know that it's the right size. He said if they need filing, file cabinets will be shown in that
space, and so will desks. It will differentiate between cubicles and actual closed offices. Every one of
those things will be specifically identified. He said based on that, once they get those spaces, they will
be able to actually put together the total square footage of the building and a cost estimate.
Neuzil said he's curious about utilization of existing space and how that would be interpreted.
Novak said they are definitely going to do that. He said he thinks Facilities Director David Kempf is
giving Novak Design Group some existing drawings of the Courthouse and they want to put those on
AutoCad, so that they can manipulate those plans and find out what different departments may be able to
use and how that building will be used in conjunction with this. Novak said they're going to do the
same thing with the existing Jail and see if there is a possible use for that. He said everything Novak
Design Group does will include those location relationships. For instance, they get to the County
Attorney's Office and they'll have a certain number of square feet. He said it's amazing how that
program will suggest where that space should be. He said they're looking at a single point of entry for
the public and a lot of information is being gathered about separation of, for instance, the jail population
versus the public. He said they don't want a mix in a building like this of the juries and those
individuals who are in jail. He said they will be describing the jury rooms, exactly what they will look
like and how many people they will seat and what equipment goes in there, for instance a restroom, a
microwave, and a place for bringing in food.
Neuzil said the Board is receiving emails and suggestions from other people. He said he knows the
court system had talked a little bit about potentially using the third floor of the Health and Human
Services Building (HHS) in the interim to deal with space and things of that nature. He said he didn't
know whether Novak was looking at other resources besides the existing Courthouse, potentially the
existing Jail, if there could be a reuse of that, or potentially the third floor of HHS. Novak said yes. He
said when they do this they will have total square footages for each area of the building, including the
Sheriff, the Jail, and the Courts. Novak said every one of those will have the square footages that are
required for those particular uses and it may become very obvious where they should go. He said he
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doesn't think they want to dismiss anything as far as areas that are available off of the campus.
County Sheriff Lonny Pulkrabek said Novak's document states he walked through the County
Assessor's Office space with Lyness. He asked Novak if he is referring to something else. Bloomquist
stated that was a mistake and it should read County Attorney's Office space with Lyness. Rettig stated
it is located on page two of the document as well.
Elliott said he's surprised Neuzil is receiving suggestions from other people. He said that is rather
odd. Novak said anytime someone wants to forward suggestions to Novak, to please do so. Neuzil said
the reason he brings that up is he is hoping that eventually they will come up with different cost
scenarios. He said he thinks where the failure of Durrant took place was that it just incorporated every
wish and said here's what they need to build. They didn't understand that some of the things that
Durrant was building in might be a 30 year fix and the County might not be able to afford a 30 year fix.
Novak said if the comments that come from the public could be forwarded to Novak Design Group, they
will keep a file on those, because those will be very helpful when they are putting together marketing
materials and promoting this project. He said it's not just always preaching to the choir. He said Novak
Design Group wants to know when somebody has brought up an idea and if it doesn't work, then they
need to explain why it doesn't work. If it does work, he said they should show why it can or can't be
incorporated because of dollars. He repeated that any idea, no matter how crazy it might seem, should
be forwarded to Novak Design Group so they at least know that stuff is out there and that people are
talking about it. Neuzil said it was a fair question regarding the existence of 25,000 feet on the third
floor of HHS and why they need to build an additional 25,000 square feet elsewhere. He said that is the
kind of question the Board gets all of the time.
Bloomquist said after speaking with Pulkrabek, Lyness, and Judge Doug Russell there are
relationships and efficiencies in those relationships that will answer a lot of questions as to where A, B,
and C go. They are backed by extremely influential reasons. It's not just because they want it in a
certain place.
Novak said the point he was making is that if they can gather all of that information and at least be
able to give the Board the answer why it was or was not adapted into the plan they will have an answer
for people when they ask a question a second time. Stutsman asked Novak if he has an email address.
Novak said yes. His email is novak(a~novakdesign~roup.com. Novak said somewhere they should be
gathering all of that information, because eventually they will be having public meetings and that same
question will probably come up and they need to have an answer for it. Stutsman said that's a good
point.
Stutsman asked Novak if the plan is that he will have this completed by the Board's next meeting.
Sullivan asked if that is scheduled for May 5, 2010. Stutsman said she doesn't know. Sullivan said if
for whatever reason Novak thinks he's going to miss that deadline by a couple of days to let the Board
know because they could always discuss delaying the meeting by a week. He said he thinks it would
certainly be worth it to have a completed report. Novak said this will be the initial report, but he's sure
his company will be making changes to that after the Board reviews it. He asked if the meeting is
scheduled for May 5, 2010. Sullivan said yes; they are meeting on the first Wednesday of each month.
Neuzil asked if Novak is looking into space needs and parking. Novak said yes. He said they will
want to get the parking requirements for the new facility. They won't have a sight line for this, since
that will be the next step, but they want to show the Board based on the size of the building and what the
requirements are for parking so they have a parking requirement and then also a cost estimate of that.
Neuzil thanked Novak.
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MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD 0... Page 6 of 9
Letter from General Services Administration
Harney stated it has been back and forth. He stated he has had several contacts with the General
Services Administration (GSA). Included in the Board's packet is a copy of the most recent letter. He
said he had talked to the GSA by telephone previous to this letter. He said the GSA's comment to the
letter the Board had sent them was the fact that they have no guidelines pertaining to following a policy
on shared space. It is strictly excess property or property for trade. They have never had anything that
they've done as far as shared space. He said the GSA said the particular property lot in question is one
they feel they need in the future and they're not necessarily willing to give that up.
Harney said in the letter, contrary to what the GSA had said, they are asking more questions about
how that would work. He said the GSA is asking the Board some particular questions in the letter that
would almost lead the Board to believe that the GSA is having second thoughts about that. He said the
GSA told him originally that it would take a legislative change for them to do anything other than trade
or sell the excess property. He said he's tried to call the gentleman back who sent the Board the letter
from Kansas City, but he is out of town until April 12, 2010. He stated he will try and get a hold of him
on April 12, 2010 and see what the GSA's thoughts are on the questions in the letter. He said he thinks
the Facilities Subcommittee will meet and review the letter and try to come up with some ideas and
perhaps draft another letter back to the GSA, if that's what they're looking for. They will try and
address the GSA's needs.
Neuzil said he is actually encouraged by the letter. He said it gets everyone talking again, which he
thinks is a positive thing. If the GSA is looking at space for space and the County has the ability to
potentially close off Harrison Street, or things of that nature, they may be able to work out some kind of
arrangement so they take a portion of parking on one part and then create parking in another section. He
said where they wouldn't necessarily have to acquire the GSA lot, they could just acquire additional
space for future expansion or wherever a justice center could go. He said they could see some potential
there. Pulkrabek said they may not have that expense of having to build a ramp. He said all along on all
of the different plans when they're talking about a ramp the number he has heard is $3 million. If the
County can get by for awhile without having to spend $3 million, Pulkrabek thinks that would be
beneficial.
Sullivan said he wants to encourage once again, that he thinks all of the County's correspondence
with GSA should be copied to the offices of Senator Charles Grassley, Senator Tom Harkin, and
Representative Dave Loebsack. He said he thinks the County should do that as a regular course of
business because those people are willing and able to help the County.
Harney said the one area in this that concerns him is the fact that the GSA is asking for a rendering
of the County's plans. He said the Board doesn't know where it's going to be, how it's going to sit, and
what it's going to look like, unless Novak can provide the Board with something. Neuzil said he thinks
they probably need a general overview of whether the County will need to have a particular piece of that
property now, or could it wait ten years. He said he thinks it's more of a concept, because they're not
going to have drawings. Stutsman agreed and said they won't have drawings for awhile.
Lyness said they could send the GSA something back that shows where Harrison Street is, if they are
going to get Harrison Street and where they could potentially construct what property they already own,
including the three houses, where the Jail is in connection with that. It would give the GSA an idea.
She said they could place it in one of those places behind the Courthouse and give the GSA an idea at
least. She said they may not have a specific one, but they could at least see what areas they are looking
at. She said that's at least something to give the GSA. Neuzil said if they took away 60 of the GSA's
parking spaces on one row, could the County create 60 parking spaces somewhere else. He said that's
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where he was encouraged by the GSA's potential willingness to trade.
Stutsman asked if the ramps that the City is building are a possibility to include. Harney said that's
what he wants to talk about with the man who sent the Board the letter. He said they've talked about
that, but the GSA needs to know if it's going to be temporary or permanent parking for them. The GSA
needs to know if the County is going to lease it, who is going to maintain it, and who is going to pay for
the maintenance of the parking ramp if they do have that. He said the Board needs to decide if they are
going to try and give the GSA a certain amount of space. Harney said the GSA's concern in the letter is
for the future, because they're going to need space and just renting a ramp isn't going to meet what they
need. He said they need more details and a more solid plan before the GSA can move forward. Harney
said he thinks the Sabin Building is probably the best bet, if the County can still get its hands on that and
make a trade and can move forward from there. He stated he had some discussions with the school
district and they told him the University of Iowa is very interested in that property.
Sullivan said the GSA must, surely in more urban areas, rent in ramps in Chicago and Los Angeles.
He said he doesn't think this is uncharted territory. Harney said he thinks the issue is it's the GSA's
property now. Sullivan said having someone else pay for it might be different. Stutsman said keeping it
where it's at would certainly be the route of least resistance. She said she can see where the GSA is
coming from and wanting all of the answers to their questions. She said she guesses all they can do is
continue to correspond and see where they go from here.
Sullivan asked if the letter from the GSA asked if the Board could meet. Lyness said this might be a
good time to meet with the GSA and generally show them what the plans are and explain the County
doesn't have something specific. Harney said they can suggest that. Sullivan said he thought the letter
actually encouraged a meeting. Lyness stated she doesn't remember exactly. Rettig said she remembers
when the Board met with the congressional staff members that whatever the technical name of the act of
1959 is, is that they can't dispose of property if they ever have a foreseeable interest in it. She said the
idea that the GSA would sell the County that property and then rent back from the County will probably
not work. Rettig said it would have to be some sort of exchange. An example would be the County
receives the GSA property and they receive use of the third floor of a ramp. She said that law pretty
much precludes the GSA from disposing of any property.
Stutsman said that is what basically happened with the Armory Building. Harney said if the GSA
were to sell the property outright they have to go through the process that takes a considerable amount of
time and is dispersed through Texas, where they take bids on it and so forth. Low rent housing and
things like that take priority over anything else. Elliott said if and when the Board has the opportunity to
meet with GSA he would think it would be very valuable to be able to at least have a preliminary final
on the square footage that the Board is anticipating. That way they can tell GSA that they have done a
lot of work, a lot of surveying, and a lot of communicating, and at this point they are looking at a certain
number of square footage within this three, five, or six block area. Harney said the name Mr.
Rothmeyer is new to him, so he hopes the Board can get some questions answered through him. He said
he doesn't know where Rothmeyer stands in the line of authority.
Rettig said she thinks Elliott is right. She said they're 60 days away from even having a very rough
plan of square footage and parking needs. She said it's almost like the Board needs to thank the GSA
for the letter and inform them the Board will be back in touch with them in 60 days. The Board doesn't
have enough information to answer GSA's questions. Lyness said now it might be a good time to ask
for a meeting with GSA. Iowa City Public Library Adult Service Coordinator Kara Logsden said they
did ask for a meeting before. Harney said they haven't met, because he was planning on doing that this
week, but Kempf was gone and they will schedule a Facilities Subcommittee meeting once he returns.
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Other
Pulkrabek said he was curious if anyone has received other correspondence from the property
owners on South Capitol Street. Lyness said she has not talked to them, but she has heard from
someone from Ledermans, and she has to get in touch with them.
Neuzil asked Executive Assistant Andy Johnson where they are in the process of the Board's
bonding and things of that nature. Johnson said the bonding has been incorporated into the FY11
budget, so that money will start to be collected then. Neuzil said he wanted to let the CJCC know that
the Board, in its budget for FY11, did identify $1 million that could be used toward the purchasing of
additional homes across the street from the Jail.
FUNDING/GRANTS SUBCOMMITTEE REPORT
Sullivan stated the Funding and Grants Subcommittee has not met in some time, so there is no
report.
CRIMINAL JUSTICE COORDINATING COMMITTEE MEMBERS: ADDITIONAL
COMMENTS
Rettig directed the Board to the last page of the handout from McCarragher, which reads create a
public opinion poll on architect options and develop potential ballot language. She said she thinks
public opinion polls should be conducted by anon-governmental body. She said she would urge the
cooperating partners within the Bar Association to consider that option. Pulkrabek said he thinks
McCarragher is going to try to meet with the Supervisors individually and see what their thoughts are on
that whole process. He stated they just discussed that recently at a meeting.
Neuzil said the Board talked a little bit about whether they are going to use a communications firm
that would actually help the Board in that process. He stated it would be similar to what other counties
have done. He said he doesn't think anybody is trying to reinvent the wheel.
COMMENTS FROM THE PUBLIC
Jail Administrator Dave Wagner stated he came across a document the other day when he was
preparing for the Novak Design Group tour. He said he thought it was important to share it with the
CJCC. He stated it's an inmate population projection that was completed by CSG, a consulting group,
on April 7, 1999. He said it's an interesting document to look at, because CSG projected that by the
year 2008, the Jail would need 172 beds for the County's Jail needs. He said he wants to give the Board
a run down of where they are at on April 7, 2010. On April 7, 2010 the Jail was responsible for 177
prisoners. He said it seems to him that forecast from 11 years ago was fairly accurate. He said it looks
like CSG projected the additional need of 31 beds every five years. He said the way he looks at it, the
Jail may need 300 beds in 20 years if that projection holds true.
Rettig asked Wagner if the document is part of a larger document. Wagner replied it was part of a
five page document. He stated CSG included charts and graphs of how they came up with the
estimation. He told the Board they could see that CSG had what they considered to be a low trend from
1981 to 1998. It spiked in approximately 1993 and there was more of an aggressive upward trend. He
said CSG charted the high trend, the low trend, and used their estimates based on the midpoint of that.
That's how CSG came up with their estimate for the number of beds. Harney said that's surprising,
because he just found this last week going through some old files. Neuzil stated he's never seen the
document before. Stutsman said it's interesting that the estimate is right on track.
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SET NEXT MEETING DATE
Pulkrabek and Lyness said they have potential conflicts with the May 5, 2010 meeting date.
Committee members discussed alternative meeting dates and Stutsman announced the next CJCC
Meeting is now scheduled for May 14, 2010 at 4:00 p.m.
Adjourned at 5:12 p.m.
Attest: Tom Slockett, Auditor
By Nancy Tomkovicz, Recording Secretary
http://www.j ohnson-county.com/auditor/min/ 100407j-min.htm 5/18/2010
05-20-10
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Date: May 20, 2010
To: City Council
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Re: Absence
I will be out of the office from May 24 through May 31, 2010 and back in the office on Tuesday,
June 1st. My staff will know how to reach me.
cc: Dale Helling
Marian Karr
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IP7
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
MAY 3, 2010 - 6:00 PM -INFORMAL
LOBBY CONFERENCE ROOM, CITY HALL
MEMBERS PRESENT: Josh Busard, Ann Freerks, Elizabeth Koppes,
Charlie Eastham, Wally Plahutnik, Michelle Payne
MEMBERS ABSENT: Tim Weitzel
STAFF PRESENT: Bob Miklo, Christina Kuecker, Sara Greenwood Hektoen
OTHERS PRESENT: None
CALL TO ORDER:
The meeting was called to order at 6:00 p.m. by Chairperson Ann Freerks.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING/DEVELOPMENT ITEM:
REZ10-00006/SUB10-00002: Discussion of an application submitted by TNT Land
Development LLC for a preliminary plat and rezoning from Low Density Single Family
(RS-5) to Planned Development Overlay -Low Density Single Family (OPD-5) for Terra
Verde, a 58-lot, 23.22-acre residential subdivision located at 2949 Rochester Avenue.
Eastham noted that he is on a building committee on a church adjacent to this parcel. Eastham
said that the committee has had discussions with the owner (not the applicant) for the past
several months about the potential to buy part of this parcel. Eastham said that the talks never
went anywhere, and there is no conflict for him, but that he wanted to state the connection
publicly.
Kuecker explained that the land is for the most part surrounded by single family residential. She
said the proposed development is a 58-lot residential development with a large outlot for storm
water management and a smaller outlot that is to be dedicated to the City as a public park. The
rezoning is required due to the large amount of sensitive areas on the site and the necessity the
applicant sees in disturbing them in order to develop the property. Kuecker said that the current
zoning is RS-5; however, the rezoning is required to deal with the sensitive areas.
Kuecler said the Comprehensive Plan shows this area as residential property and show the
outlot area as open space. Staff believes the proposed subdivision is compatible with the
surrounding neighborhoods.
Kuecker said that the lot sizes vary from 8,000 to 20,000 square feet. The street layout has
Planning and Zoning Commission
May 3, 2010 -Informal
Page 2 of 7
connectivity to surrounding neighborhoods through a connection to Westminster and Lower
West Branch Road.
The applicant has proposed developing the area in three phases, working from the east to the
west.
Kuecker said there are steep slopes, critical slopes, wetlands and wooded areas on the
property. The applicant has proposed disturbing 48% of the steep slopes, 85% of the critical
slopes, 75% of the wetlands, and 95% of the wooded areas. Kuecker said that because of the
amount of the proposed disturbance, a Level II Sensitive Areas Review is required.
The sensitive areas ordinance encourages developers to avoid the sensitive areas, and requires
a 100-foot natural buffer between the development activity and the regulated wetland. Kuecker
stated that the applicant will essentially eliminate the wetlands and replace them with a storm
water retention basin. The applicant has proposed off-site wetland mitigation, but has not yet
submitted the necessary plans for doing so. The mitigation must be approved by both the City
and the Army Corp of Engineers. Kuecker said she has confirmed with the Corp that they no
longer accept wetland mitigation and storm water retention being combined in one area.
Kuecker said she had outlined in the staff report the general requirements for a mitigation plan.
Kuecker noted that there is a blue line stream corridor on site that has been put in a culvert
under Westminster. Kuecker said that the applicant has proposed grading on this blue line
stream to make it function as a part of their storm water retention system. The applicant also
proposes disturbing the steep and critical slopes to grade for the storm water management.
The applicant's proposal would disturb 96% of the wooded areas. Code requires that at least
50% of the wooded areas be retained. If that is not possible, however, then replacement trees
must be planted in their place. The applicant will have to replant 762 trees if they remove the
number they intend to for this development. Kuecker said the applicant intends to have 70
trees along Rochester Avenue and then to plat out at least three trees on every lot. The
remaining 518 trees would be planted in Outlots A and B. The applicant must submit a tree
replacement plan that shows approximately where the replacement trees will be planted.
Kuecker noted that there is a grove of trees in the area and the City Forester has gone out and
identified several trees that he believes should be protected and saved. The applicant will have
to submit a plan for saving those trees.
Kuecker noted that all of these applicant requests are modifications to the sensitive areas
requirements. Kuecker said that the burden of proof is on the applicant to show that the
development cannot be done with a lower level of disturbance.
Before staff can recommend approval of this application, the required documentation must be
received.
The applicant is going to be required to build Lower West Branch Road from Amhurst Street to
the subdivision. Kuecker said the right-of-way is already in place. She said that for
consistency's sake, staff would like to see Lower West Branch Road constructed as though it is
a 60 -foot right-of-way.
She said there are two cul-de-sacs in this subdivision, which is generally discouraged unless
impossible to avoid due to topography or surrounding development. Kuecker said both cul-de-
Planning and Zoning Commission
May 3, 2010 -Informal
Page 3 of 7
sacs are caused by topographical features and surrounding development
Kuecker said the Parks and Recreation Commission will be reviewing the approximately half-
acre portion dedicated as park space on their May 12th meeting.
Kuecker said the development plan is generally compatible with the surrounding neighborhoods;
however, more information is required before moving forward with this application.
Staff recommends deferral.
Miklo pointed out that there will be more room between the sidewalk and the road due to the
additional right-of-way. Miklo noted that the applicant's engineers and the City engineers have
both identified the lowest point of the area, and seek to put the storm water retention there;
however, it also happens to be the where the wetlands are located, and thus greatly impacts
them. Miklo pointed out that in the past the Corp had allowed wetlands mitigation and storm
water retention to be combined; however, the Corp is now moving away from that model. Miklo
noted that the documentation required by code has not yet been submitted. Miklo said that a
private wetland specialist will be reviewing the mitigation plan when it comes in.
Freerks asked if the developer needed to submit something to justify the level of woodland
disturbance. Miklo said the test for woodland is not as high as that of wetlands. Miklo said the
City Forester has looked at the property. The City Forester acknowledged the woodlands, but
observed that it did not have many desirable trees in it. Greenwood Hektoen noted that the
code does not really distinguish between pretty trees and ugly trees. Miklo said the
Commission has the prerogative of determining if the proposal disturbs too much of the
woodlands. Freerks said she has no recollection of ever allowing anything like 95% disturbance
of woodlands. Miklo said he did not recall that either. He said he knew there had been a couple
of cases where more than 50% was disturbed and this had been mitigated by planting
replacement trees. Freerks asked staff to look into that.
Koppes asked who would be maintaining the storm water sewer system. Kuecker said it is
proposed to be maintained by the homeowners' association. At the time of the final plat, the
applicant would have to the documents creating a homeowners' association in place. Koppes
said this was a particularly large and complicated area to make the homeowners' association
responsible for. Miklo said that long-term most people want to have trees on their properties so
there is an incentive to care for trees on their lots. He encouraged the Commissioners to look
through the code on woodlands as the test is not as stringent as it is for other sensitive areas.
Eastham asked if code allows a wetland to function as a storm water mitigation system if the
wetland is not actually modified. Miklo said that would be difficult to do with no modification
whatsoever, although that may be more of an engineering question, Miklo advised. Kuecker
said that it has been determined that grading and piping will be required.
Eastham asked if there have been discussions regarding alternative ways of doing this
development, such as not extending Westminster and/or leaving the southern portion largely
undisturbed. Miklo said that there had been discussions of clustering to avoid sensitive areas.
Miklo said the applicant chose not to pursue that line of thinking, as that was not the type of
housing he wished to build. Miklo said that not extending Westminster had not been
considered, as it is shown as athrough-street in the Comprehensive Plan. Eastham asked
about the possibility of having Green Mountain extended. Miklo said the idea was to avoid
double-fronting lots. Kuecker explained that block lengths cannot be more than 600 feet. Miklo
Planning and Zoning Commission
May 3, 2010 -Informal
Page 4 of 7
added that even more grading would be required. Plahutnik said he was concerned with
connectivity of the cul-de-sac on the east. Eastham said he was not. Payne asked if it was
possible to curve the road to avoid the cul-de-sac. Plahutnik said that what he did not like is
that there is almost a private park for the enjoyment of just two lots on the subdivision.
Greenwood Hektoen noted that one of the outlots is for the homeowners' association, not the
public. Miklo explained that one of the early concepts had the entire subdivision oriented in
more of an east-west direction.
Payne noted some typos in the staff report.
Eastham said he would like some sense of whether it was possible to leave the sensitive areas
intact and to use them as a storm water system without a tremendous amount of modification.
Miklo said he suspects the engineers will say there is not a way to do that, but he would ask
them. Eastham said that at one point he was looking at changing the alignment of Westminster
to avoid the wetlands, though he now thinks that is not possible.
Freerks asked Kuecker to address the change in policy by the Corp of Engineers regarding the
combination of wetland mitigation and storm water retention. Kuecker said the change had
been made within the last few months. She said that that model has not been successful. Miklo
said that the Corp now feels a larger, healthier wetland made of wetland banks may be a better
model than having smaller wetlands sprinkled throughout the community. Freerks asked if off-
site wetland mitigation had been successful in the past. Miklo said he did not recall an instance
of it. Eastham asked who had to pay if the wetland mitigation system went awry. Kuecker said
that apermit-holder would be identified in the application to the Corp and they would be
responsible for the wetland maintenance.
Eastham asked what size wetland the applicant will be required to establish. Kuecker said staff
could only estimate until it receives the wetland mitigation plan.
DEVELOPMENT ITEMS:
SU610-00005: Discussion of an application submitted by the Moss Green Development
Corp. for a preliminary plat for Moss Green Urban Village, an 18-lot, approximately 235-
acre office park and mixed use development subdivision located west of North Dodge
Street/Highway 1 and north of Interstate 80.
Miklo said there are still some technical items being worked out on the plat. He said he hoped
they would be resolved by Thursday; if not, staff would recommend deferral. Miklo said that
they will give the Commission a report on Thursday as to whether or not the City Engineer has
signed off on it.
SUB10-00006: Discussion of an application submitted by Steve Kohli Construction, L.C.
for a preliminary plat of Brookwood Pointe, an 80-lot, 21.98-acre residential subdivision
located west of Sycamore Street, north of Terrapin Drive.
Miklo noted that this subdivision was approved back in 2005, but that the preliminary plat for
Additions 2-5 expired. In 2008, the subdivision code was changed. Miklo said that the plat is
largely the same, but has been updated somewhat to accommodate the changes in code. Miklo
said the biggest changes are the wider street right-of-ways and the addition of a street to
Planning and Zoning Commission
May 3, 2010 -Informal
Page 5 of 7
encourage connectivity.
Miklo said there has also been a change in the phasing of the development, to which staff does
not object. Miklo said there is a slight concern about the effect the change in phasing could
have on a neighboring development's ability to have sanitary sewer.
Miklo explained that there are hydric soils on the site which could require extra consideration in
street designs and basements. Storm water management was installed for most of the
subdivision during Phase 1; a small area of the development drains into the Sycamore East
Regional Basin, which was constructed by the City to drain this fairly flat area. The City then
collects a fee for the management of the system.
Miklo said that Sycamore Street is supposed to undergo construction this year. There is a
conditional zoning agreement in place for this property which states that 12% of the costs of
Sycamore Street will be absorbed by the developer.
Miklo noted that there are a few double-fronting lots in the development. Those three lots are
required to have an extra landscape easement at the back. Miklo said that the final plat will
contain an agreement for the developer to pay a fee and the City will put the landscaping in
when Sycamore Street is completed.
Parks and Recreation had opted to accept fees in lieu of land when the plat was approved five
years ago; staff expects the same response this time around as Wetherby Park is very nearby.
Miklo noted that the City Engineer is still reviewing the plans. Staff anticipates that all issues will
have been resolved by the formal meeting; however, if they are not, staff would recommend
deferral. If outstanding deficiencies are corrected, then staff would recommend approval
subject to an agreement regarding an extension to the sewer.
Koppes asked when the Russell Drive extension was planned. Miklo said he believed part of it
was in Phase 2 and part in Phase 5.
Eastham asked for clarification on where the access point to Wetherby Park would be.
OTHER:
Payne shared some information from a conference. She attended two training sessions for
Planning Commissioners. One was a basic seminar on the duties of a Planning Commissioner.
The other seminar dealt with reaching consensus among Commissioners. She said that the
basic idea was that Commissions should reach a consensus about everything all of the time if
possible. Payne said that she learned that some towns/cities have no term limits, so there are
people who have been on Commissions for 35-40 years. She noted that several commissioners
at the training expressed disappointment in their city staff. She said that Iowa City is very lucky
to have such an amazing staff.
She said that there were some sessions specifically geared toward college towns. She
mentioned a project with the University of Minnesota that partnered with neighborhood
associations adjacent to the campus to discuss the issue of off-campus student living.
One of the sessions she attended focused on "green streets," which discussed bicycles and
vehicles sharing streets. Payne said that a lane of traffic would sometimes be turned into a lane
Planning and Zoning Commission
May 3, 2010 -Informal
Page 6 of 7
just for two-way bicycle traffic, with a landscape buffer separating the bike lane from the car
lanes.
Another seminar she attended concerned updates in planning law from the last year, which was
a very popular seminar and was very interesting.
ADJOURNMENT:
The meeting was adjourned at 6:59 p.m.
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IP8
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
MAY 6, 2010 - 7:00 PM -FORMAL
CITY HALL, EMMA J. HARVAT HALL
MEMBERS PRESENT: Josh Busard, Charlie Eastham, Ann Freerks, Elizabeth
Koppes, Michelle Payne, Wally Plahutnik, Tim Weitzel
MEMBERS ABSENT: None
STAFF PRESENT: Bob Miklo, Christina Kuecker, Jacob Rosenberg,
Sara Greenwood Hektoen
OTHERS PRESENT: Terry Lavery, Duane Musser, Ron Amelon, Toni Rubin,
Mark Rushton, Becky Schaffner, Jennifer Coleman,
Wally Pelds, Steve Kohli
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 7-0 to recommend approval of SUB10-00005, an application
submitted by the Moss Green Development Corp. for a preliminary plat for Moss Green
Urban Village, an 18-lot, approximately 235-acre office park and mixed use development
subdivision located west of North Dodge Street/Highway 1 and north of Interstate 80,
subject to approval by the City Engineer prior to City Council consideration.
The Commission voted 7-0 to recommend approval of SUB10-00006;, an application
submitted by Steve Kohli Construction, L.C. for a preliminary plat of Brookwood Pointe,
an 80-lot, 21.98-acre residential subdivision located west of Sycamore Street, north of
Terrapin Drive.
CALL TO ORDER:
The meeting was called to order at 7:02 p.m. by Chairperson Ann Freerks.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
Planning and Zoning Commission
May 6, 2010 -Formal
Page 2 of 15
REZONING/DEVELOPMENT ITEM:
REZ10-00006 &SUB10-00002: Discussion of an application submitted by TNT Land
Development LLC for a preliminary plat and rezoning from Low Density Single Family
(RS-5) to Planned Development Overlay -Low Density Single Family (OPD-5) for Terra
Verde, a 58-lot, 23.22-acre residential subdivision located at 2949 Rochester Avenue.
Eastham stated that he believed he had a conflict with this application as he is on the building
committee for a church that has an interest in property adjoining the applicant's property. He
abstained from consideration of this application.
Kuecker stated that the areas to the east and south of the subject property are single family
residential; the properties to the west and north are undeveloped. Kuecker said that the street
network designed for the subdivision generally complies with the subdivision code and the
neighborhood design standards. She said that the proposed lot sizes range from approximately
8,000 to 20,000 square feet. Kuecker said the single family nature of the subdivision is
compatible with the surrounding developments, and with the Comprehensive Plan's vision for
the area. The plat proposes open space in the southeast area of the property, which is also
compatible with the Comprehensive Plan. The half-acre portion of the property that is to be
dedicated to the City as open space will be reviewed by the Parks and Recreation Commission
at their next meeting. Kuecker said that Outlot A is proposed as a storm water management
retention basin for the subdivision.
Kuecker said the rezoning request is due to the sensitive areas on the lot. She said there are
steep and critical slopes, a wooded area, wetlands, and a blue line USGS stream on the site.
Kuecker said that the applicant is proposing to disturb most of these sensitive areas in order to
provide the necessary storm water management for the site. Kuecker said that the required
Wetland Mitigation Plan for the disturbance of the wetlands has not yet been received by staff.
Until this mitigation plan is reviewed, staff cannot make a determination as to whether the
proposed amount of disturbance is justified or not. Kuecker said that the mitigation plan would
outline where the mitigation would be located and to what standards it is being built. The plan
must be approved by both the City and the Army Corp of Engineers. No determination can be
made on the application without it.
Kuecker explained that there is approximately 150 feet of stream corridor located on this
property, which extend essentially from the current dead-end of Westminster northward. To the
south of this property, the stream has been contained in a culvert running underneath
Westminster. Kuecker stated that the exact location of the stream must be shown on the
wetland mitigation plan as the stream corridor must also be mitigated to the requirements of the
Army Corp and City code.
Kuecker stated that there are a number of steep slopes on the property. She explained that in
order to build the storm water detention and to build streets to City standards many of these
slopes will have to be disturbed. Kuecker said that it is ultimately up to the Commission and
City Council to determine if the disturbance level of these slopes is justified for the development
of the area.
Kuecker said that there is a 7.69-acre wooded area on the property; the applicant is proposing
to disturb 95% of it. Kuecker said that the RS-5 zone allows disturbance of up to 50% of a
wooded area. If it is determined that less than 50% of the woodland area can be retained, then
code requires replacement trees to be planted at a ratio of one tree for every 200 square feet of
Planning and Zoning Commission
May 6, 2010 -Formal
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the required wooded area that was not retained. Kuecker stated that the replacement trees
must be approved by the City.
The City Forester has identified a grove of trees on the property near Rochester Avenue, and
has specified several trees that he would like to see protected and saved. The applicant will be
required to provide a tree protection plan to the City Forester and City staff.
Kuecker noted that she had discussed the subdivision and lot design at length with the
Commission at the informal meeting. She stated that all of the streets and lots in the
subdivision do meet the requirements of City code. She noted that there are two cul-de-sacs
planned for the subdivision; cul-de-sacs are generally discouraged by City code unless they are
found to be unavoidable due to topographical issues or issues that arise because of adjacent
developments. Kuecker said that the developer and his engineers intend to discuss with the
Commission why neither cul-de-sac can be eliminated.
Kuecker stated that the overall neighborhood design seems appropriate and seems to meet
requirements of the code. However, without the Wetland Mitigation Plan and other crucial
information on the sensitive areas, staff cannot make a final determination on the plan. As a
result, staff is recommending deferral of this application until this information is submitted and
reviewed by staff and other relevant agencies.
Kuecker noted that the Commission had raised questions at the informal meeting regarding
whether or not off-site wetland mitigation had been seen before in a subdivision, as well as
whether there was precedent for disturbance of more than 50% of a wooded area. Kuecker
said that staff could not think of another instance of off-site wetland mitigation, though there
were instances where wetlands were mitigated to other areas of an applicant's subdivision. She
said that in all instances those wetlands remained under the control of the same property owner
or homeowner's association. Kuecker said that there had been at least two instances where
more than 50% of a wooded area had been disturbed: 1) Oakmont Estates, off of Foster Road,
disturbed 68% of the wooded area and had to plant 102 replacement trees, and 2) Walnut
Ridge Parts 9 & 10 disturbed just over 50% and had to plant 82 replacement trees.
Kuecker presented a number of photographs of the property, and offered to answer any
questions Commissioners might have.
Freerks noted that the code called for replacement trees to be the same or equivalent species
as those removed. She asked if there were a great deal of evergreen trees being removed as
the replacement plan calls for a large evergreen buffer. Kuecker said that there were not a lot of
evergreens on the property at present. Freerks asked if it was the case that the trees for the
buffer would not be counted as replacement trees, since they were of a different species than
what was being removed. Miklo said that the in the past the standard has been somewhat
liberally applied and that it has been acceptable to have only a majority of the trees be of a
similar species to what was taken out. He said that the primary concern is that poor quality
trees are not used as replacements for the wooded area that has been removed. Miklo noted
that evergreen trees are generally encouraged and supported when used as a buffer, and the
design calls for a buffer from Rochester Avenue. Miklo said the two types of evergreens found
in the replacement plan were recommended by the City Forester.
There were no further questions for staff and the public hearing was opened.
Terry Lavery, 2779 Muddy Creek, Coralville, identified himself as the developer and builder for
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May 6, 2010 -Formal
Page 4 of 15
the property, along with Toni Rubin, his development partner. He noted that Duane Musser and
Ron Amelon of MMS Engineering had been working on the project for some time and would be
addressing the Commission later in the meeting.
Lavery said he had been doing planned developments and building single family homes and
condominiums for over 20 years. He is originally from Wheaton, Illinois, and had been living
and building in Coralville for the last eight years. Lavery said that some of his past projects
include Terra Woods and Terra Ridge in Coralville, single-family, duplex and condominium
developments. Lavery said that 23 of the homes he has built in Terra Ridge have been built
with geothermal heating and cooling systems. He said that when he develops he does all of the
building himself, and does not sell lots within his developments to other builders. He said that
he also does all of the landscaping so that he has full control of the development.
Terra Verde has 58 home sites, Lavery said. He said that he would be doing the development
with all-green, geo-thermal heating/cooling systems. He said that there really is great demand
for this, and buyers want to see renewable energy used in their heating and cooling systems.
Lavery said this type of system has no carbon footprint whatsoever, and saves consumers 70%
on their monthly heating and cooling costs.
Duane Musser, MMS Consultants, said that the development involves a 23-acre tract. Musser
shared aerial photographs of the property spanning every ten years from the 1930's to the
present day. He explained that the area was primarily farmland and pasture ground until
approximately the 1980's. At that time, Musser said, it seems as though the wooded area
established itself on the property. Musser said that MMS and the City Forester have found the
wooded area to be about 80% box elder trees, 15% choke cherry trees, and 5% silver maple
trees. Musser said that the replacement plan does not call for any of these tree types because
they are not on the City's list of approved replacement species. He said that the developer
wishes to replace the current trees with hardwoods and oaks, rather than the invasive species
found in the wooded area presently.
Musser stated that the most recent USGS stream mapping for the area was done in 1993. He
said that the blue line stream is identified on that map, but noted that it has been in a pipe in a
culvert adjacent to the proposed site since 1975 when Westminster was platted and built to the
south of the subject property. Musser explained that the 150 foot tip of the stream on the
subject property has been cut off and piped down to Court Street since that time.
The proposed development is surrounded by existing developments to the east and the south.
Musser said that the development to the east was platted in 1971 as Oakwoods Addition. The
City did not have a storm water management requirement in place until 1977, so there was no
storm water management for that development. Musser said that they believe that there are
two storm sewers dumping onto the subject property from Oakwood. Musser said that MMS
has developed a theory that due to the excessive water and runoff from the Oakwood
development, the wooded area developed from scrub trees after several failed measures by the
then-property owner to return that portion of the property to useable land.
Musser said that the design process for this development had begun back in October 2009, and
that MMS and the developer have spent the last six months progressing through a series of
designs, studies, and meetings with City staff. Musser said that all of these discussions and
designs were made with full awareness of the difficulties of designing this RS-5 development in
a property with these sensitive areas. He said there had been six different versions of the
concept plan by the time the plat was filed on March 11, 2010.
Planning and Zoning Commission
May 6, 2010 -Formal
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Musser stated that several factors contribute to the design. He said the development is
essentially landlocked by other developments on three different sides, which means that access
points to the site are predetermined. The storm water management is in the lowest portion of
the property, as is required by the design elements. There is a 50-foot elevation change in the
20-acres from the edge of Westminster up to Rochester Avenue. Musser said this was a pretty
drastic elevation change when trying to build streets to City standards, given that local streets
can only be designed to a maximum of a 12% grade (which is the grade used in this design.)
He said these factors drive the need to impact the sensitive areas, the wooded areas, and the
wetlands. Musser said the City is requiring that Westminster be connected as part of this
development. He said Westminster comes into the site right at the lowest elevation, where the
water comes into the wooded area. Musser said that if the street is placed there and is graded
at 12%, then there is no way to avoid disturbing the trees and the wetlands. Musser said that
the only way not to disturb the sensitive areas would be to avoid pushing Westminster through
and by not building the storm water management. Both of those City requirements mandate the
disturbance of the sensitive areas; there is no way around it, Musser said.
Musser stated that the current design calls for 58 single-family lots with a density of 2.5 units per
acre. He pointed out that there is a neighborhood park in the development as shown in the
Comprehensive Plan. He noted that the Parks and Recreation Commission had determined the
exact location of the parkland, and the developer had accommodated those wishes. Musser
noted that the park will be next to an outlot owned by the homeowners' association and will
serve as the storm water management area. Musser said the replacement tree plan was
submitted to staff late today. The trees will be installed after construction.
Musser said there are basically three ridges and two valleys with waterways running north and
south through the site. He said it is these topographical considerations which drive the street
configuration and the necessity of the two cul-de-sacs. Musser said that each cul-de-sac is
necessitated by a ridge. He pointed out that there is a portion of Lower West Branch Road that
should have been built or at least paid for by the Oakwood developer, but for which no money
was ever collected. Musser stated that Lavery has agreed to work with the neighbors and the
City to install, at his cost, that portion of the street and the sidewalks. Musser said that Lavery is
meeting with the neighbors to try to save as many of their trees and plantings as possible when
the street is pushed through. Musser said that the neighbors had essentially been using that
area as an extension of their yards since their homes were built in the 1980's. Musser
explained that this street will be constructed entirely at the developer's expense, and will
become the main access point in the first phase of development.
Musser noted that the cul-de-sacs will be low-volume cul-de-sacs, with less than ten dwellings
having access to them. Both cul-de-sacs sit considerably higher than Westminster, making it
impossible to tie them into that street.
Musser said that the Army Corp of Engineers has recently changed its thinking on wetland
mitigation. MMS has done several projects in Iowa City where the wetland mitigation was
incorporated in the water detention facility. The Corp has since determined that these two
features do not mix well, and do not result in a good end-product. As a result, the Corp is
pushing for wetland banks and advocating off-development wetland mitigation sites. Musser
said he is working with a property owner just past Country Club Estates on a farm in Johnson
County. He said the farm has a pond with a waterway stream channel coming out of it. Musser
said that approximately four acres are needed to create the different types of wetlands required
by city code. Musser said that Lavery and he will be meeting with this property owner tomorrow
and will discuss the preliminary costs and design involved. He said he hoped to have that
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May 6, 2010 -Formal
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settled quickly.
Musser said that the delineation has been submitted to staff and the Corp. He said that the
Corp has 21 days from submission to review and comment on the delineation; if nothing is
heard in that time then it is considered approved. Musser said that they do not anticipate
hearing anything on their delineation, and the 21-day period ends May 10th. Musser said the
general plan in working with the farmer with the stream corridor is that there may be a possibility
of creating a wetland bank out there, adding acres to it as needed. He said that the Corp is
interested in seeing a shift to this model, hoping to see a large wetland system that will work
well with establishing and maintaining wild and plant life.
Musser noted that a good neighbor meeting was held, and that approximately 25 people had
attended. Musser said that valuable feedback was received and the developer was able to
answer a lot of questions regarding water issues and concerns about the wooded area. He said
that there was a lot of good communication at that meeting.
Ron Amelon, MMS Consulting, addressed the water retention issues. Amelon passed around a
drainage exhibit. He noted that 7.95 acres drain directly from the development to the basin;
17.29 acres of the off-site area of the Oakwoods development that drain down toward and
through the basin; 10.82 acres in the development drain to the detention basin through astorm-
sewer system -not all of the runoff from a 100-year storm will make it to the detention basin;
anything that exceeds the capacity of the storm-sewer pipes will run down Westminster to the
south. Amelon noted that 3.65 acres will just drain directly to the south and will not drain
through the basin. Amelon pointed out that there is a 24-inch diameter storm-sewer and a 15-
inch diameter storm-sewer that drain from the existing Oakwoods subdivision to the east of the
subject property; that is where the majority of the runoff from that off-site area enters onto the
developer's property. Amelon stated that the detention basin is built so that water is picked up
and detained from that off-site area that drains through the wetlands. He noted that without this
system, water would just pass through the subdivision without being subject to a controlled
release rate. He said he wanted to make clear that impacting the wetlands is a necessity of
having the storm water detention basin in the most effective area. Amelon commented that the
current calculation for the 100-year flow rate to that 36-inch pipe on Westminster was 120 cubic
feet per second; after development and the implementation of the storm water system and
basin, the flow rate will be 55 cubic feet per second. Amelon noted that this was half the rate it
would be prior to development, and that the City's allowable rate is set considerably higher at 74
cubic feet per second. This should greatly alleviate some of the downstream flooding concerns
that residents have noted.
Terry Lavery, 2779 Muddy Creek, Coralville, stated that as a developer he is required to build
that detention, and because of this he is forced to reshape that section of his property. This has
the result of eliminating the vast majority of the trees in that area. Lavery said that he will be
replacing those trees, dispersing through the subdivision approximately 832 trees. He said the
replacement trees will be of species approved by the Parks and Recreation Commission. He
said that both his landscaping consultant and the Parks Department have walked the existing
wooded area and found the current trees and brush trees to consist of box elder, choke cherry
and silver maple. Lavery noted that there are no existing hardwoods or oaks in the area. He
said that quality trees can be found on the property near Rochester Avenue, and that those
trees will be saved and protected as directed by the City Forester. Lavery said that there will be
approximately seven trees per lot dispersed throughout the development, which will create a
wooded environment much different than the open farmland currently on the property. He
advised Commissioners to visit his past projects so that they can see the kind of environment he
Planning and Zoning Commission
May 6, 2010 -Formal
Page 7 of 15
creates when doing a subdivision. Lavery said he really believes that he will be upgrading the
environmental features of the property through his development efforts.
Toni Rubin, 2131 Lindsay, Coralville, identified herself as a partner in TNT Land Development
and a realtor with Lepic-Kreoger Realtors. Rubin said that they believe Terra Verde will be the
first all-geo-thermal, clean energy residential development with a complete list of optional green
features. Rubin said she realized that the term "green" has been greatly over-utilized and
diluted. She said that as a licensed green realtor, she has completed a rigorous training
focused on the tangible difference between what is broadly called "green", and what actually
constitutes a green building that is designed and constructed with an emphasis on conservation
of resources, energy efficiency, and healthy interior spaces. Rubin said that TNT has done
extensive research on top-of-the-line, safe and natural interior features, and have assembled a
large selection of options for homeowners to choose from, including: flooring, insulation,
finishes, cabinetry, countertops, lighting, appliances, etc. Rubin said they also have a
commitment to using local suppliers and sub-contractors. She said they would be happy to
share their research with the Commission.
Rubin assured the Commission that they are committed to working with neighbors and the City
to build cone-of-a-kind residential development that all stakeholders will be proud of. She
invited interested parties to visit Terra Ridge to see the beautiful environment created when a
builder's vision is aligned with the highest good for the community. Rubin said that Terra Verde
will offer quality homes at a reasonable price, homes that have sustainable and life-building
features and will benefit all of Iowa City.
Freerks invited anyone else wishing to speak to this issue to come to the podium.
Mark Rushton, 3058 Hastings, described his street as being at the south end of Outlot A for the
proposed subdivision. Rushton said he has lived at the property for three years, and has
always had storm drainage issues in the area behind his home. He said that the storm water
runoff comes from Amhurst and flows down Lake Forest behind the homes on Hastings.
Rushton said that during especially heavy downpours there is visible erosion and water pools
20-25 feet up into his backyard. Rushton said the City's current system cannot handle the
amount of water being drained from the area. He said that approximately the final 50 feet of his
backyard is virtually unusable because it is constantly too wet. He said that for drainage issues
alone, this proposed development is of great interest to him, and he is inclined to view it
favorably.
Rushton said that he is also in favor of the reduction of box elder and silver maple trees that
would result from the proposed development. Rushton said that there is a great proliferation of
box elder bugs in the neighborhood which creates a nuisance at the end of the summer. He
said that many neighbors would view with favor the eradication of trees that contribute to this
proliferation.
Becky Schaffner, 3230 Lake Forest Avenue, said that she does not consider herself either for or
against the development; rather, she has some questions about it. Schaffner said that her
backyard overlooks the wetland, and while she is trying to keep an open mind to the positive
effects the development might have, she has concerns about the loss of a wetland and a
woodland in the city. She said that the sensitive areas are home to foxes, wild turkeys, and rare
woodland plants, and she hates to see the area "leveled." Schaffner said that she thinks it is
great that some of the trees are being replaced, but that she is concerned about what appears
to be a lack of dispersal of the replacement trees. She said the plans appear to load the trees
Planning and Zoning Commission
May 6, 2010 -Formal
Page 8 of 15
heavily around the perimeter of the development in rows, leaving a great deal of bare space.
Schaffner asked if there was a plausible plan that could maintain as much of the current natural
habitat and the look and feel of an urban woodland/wetland as possible. Schaffner asked if the
streams could be deepened and widened and a natural pond put in, rather than a concrete
detention basin. She said that the maintenance of a natural look and feel for the area that still
allowed for mitigation of the drainage issues, even at the cost of a few housing lots, was what
would be most desirable.
Jennifer Coleman, 142 North Westminster Street, said that she lives near the dead-end of
Westminster. Coleman said that she and her husband had concerns about the runoff. Coleman
said that they had been living in their home for about four and a half years. She said that from
the outset they have had multiple water issues, with their basement repeatedly flooding and
their sump pump running on a virtually non-stop basis even during the winter. Coleman said
there is a constant stream of water running beneath their house. She said they had spent
$16,000 trying unsuccessfully to resolve the problem, and had had to acquire an additional loan
from the City to excavate around their house, re-grade, put in drainage the and replace their
sump pumps. Coleman said there is a great deal of water that that runs down Westminster,
even during the winter, and that the constant freezing and thawing of the excess water causes
problems with driveway and sidewalk heaving. Coleman said the water issue is a constant
battle for them. She said they are really excited to hear about the retention basin and drainage
system, she also wants to make sure that whatever is done does not have a negative impact on
the existing neighborhoods.
Duane Musser, MMS Consultants, noted that the proposed detention is adry-bottom basin;
there is not enough area available to create awet-bottom basin that could be a livable, viable
pond system. Plahutnik asked Musser to explain what adry-bottom basin is. Musser explained
that adry-bottom basin is dry when it is not raining and when there is no water coming to it from
the storm-sewer system. Musser explained that this would not be made of concrete; rather, it
would be an earthen basin that is seeded and controlled by the developer until some point when
the homeowner's association takes over the open spaces. Musser said the basin will fill up
slowly during a rain event and then will be released at a slower rate into the existing 36-inch
storm sewer. Musser said that the proposed design will benefit those neighbors in the area who
have constant water/runoff issues. Musser did note that if a rain event exceeds the 100-year
flow, there will be overflow, and an emergency spillway has been designed for such an event.
The design calls for the emergency spillway to dump into the street and be controlled by the
curb and gutters. All City engineering requirements have been met or exceeded in this water
detention design.
Musser noted that Lake Forest Avenue cannot be pushed through to Westminster, without
exacerbating current water detention issues. Musser said that a good compromise had been
worked out with the City to create a permanent turn-around for snow and emergency vehicles.
Musser said that they believe their design meets the intent of the Comprehensive Plan. Musser
said he believes that City staff and planners always intended for Westminster to be a through-
street, designed for local traffic.
Freerks invited questions from the Commission.
Plahutnik said it seems to him that if one looked from Lake Forest Avenue to the west the view
would be a downward slope to a grassy depression, and Outlot B rises up and will become
parkland with some open areas and some wooded area. Musser said that was correct. Musser
Planning and Zoning Commission
May 6, 2010 -Formal
Page 9 of 15
said the storm water management will be built right away in Phase 1. Musser said that Phase 1
would include the 17 lots on the low volume cul-de-sac coming off of Lower West Branch Road.
At that time the storm water detention basin will be graded; once it is seeded and established
the trees shown in Phase 1 will be installed. Musser said that the trees obviously will be smaller
than the current trees, and that the view from Schaffner's home would be one of looking through
the immature trees to the open, grassy depression; from there she will see the City park. Parks
and Recreation requested that the park be left open for future design, though they are allowing
the developer to line the right-of-way with some trees.
Becky Schaffner, 3230 Lake Forest Avenue, asked Musser to briefly explain why the trees
cannot be more widely dispersed, and also why a wet bottom basin would not work for the
development.
Musser said that the Engineering Department would not allow the developer to plant trees in the
required storm water area. Musser said that they are bringing the trees to the high-water mark
of that basin and getting as close to the basin as they can with their replacement trees.
Musser said that with Westminster becoming athrough-street, 40-50% of the wetlands are
automatically impacted, as are 40% of the existing trees. Musser said the remaining impact is a
result of the storm water management. Musser said that with a 12% maximum grade, the
streets cannot rise fast enough to save any of the trees. The necessary storm water volume
cannot be created without basically reshaping and regarding that area. Freerks noted that
many of the trees that are being taken out are on proposed lots. Musser said that was correct,
but there is a lot of grading that needs to be done to those lots to carry water, to build roads,
and to make the lots buildable.
Payne said part of what she understood Schaffner to be asking was whether the stream that
runs behind her house could be widened to facilitate the creation of a pond. Musser said the
existing stream will be impacted because of the detention basin. He said that Westminster will
be pushed through directly into the stream corridor; there is no way not to impact it. If there
were no storm water management requirements, then all of the sensitive areas could remain
untouched, Musser said. However, he said he cannot build the detention basin anywhere else
on the site while meeting the design requirements; and even if he could, he would then not be
able to protect the downstream neighbors. Freerks said that there are a number of solutions.
Weitzel said that it is obvious that the developer is interested in a certain aesthetic, and it is
clear that MMS has put a lot of thought into the project. He asked if there were other ways to
design the visual-scape so that it is less changed, or more pleasing, even given the constraints
of the road, the topography, and the storm water detention requirements. Musser said that
there have been several designs and a lot of consideration put into this project over the last six
months. He said the current proposal best serves the purposes of the land, the developer, the
City, and the future residents.
There were no further questions from the Commission, and no one else wished to speak to the
issue.
The public hearing was closed.
Payne motioned to defer REZ10-00006 &SUB10-00002, an application submitted by TNT
Land Development LLC for a preliminary plat and rezoning fro Low Density Single Family
(RS-5) to Planned Development Overlay -Low Density Single Family (OPD-5) for Terra
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May 6, 2010 -Formal
Page 10 of 15
Verde, a 58-lot, 23.22-acre residential subdivision located at 2949 Rochester Avenue.
Plahutnik seconded.
Freerks invited discussion.
Freeks noted that as the Commission is awaiting vital information it cannot make a decision on
the application until it is submitted.
Payne amended her motion to clarify that the deferral is until the May 20th meeting,
pending receipt of all outstanding required documentation.
Plahutnik seconded.
A vote was taken and the amendment passed 6-0 (Eastham abstaining).
Weitzel said that given the technical deficiencies and the documentation still pending, there is
no way the Commission could vote on the matter tonight, so deferral is entirely appropriate.
Weitzel asked if further discussion should take place tonight, or wait until the next meeting.
Freerks said it might be helpful to have the discussions tonight so that the applicant has clear
understanding and direction for possible improvements, concerns, etc.
Weitzel said there are considerable design challenges on this project. He said he was not sure
if there was any way to do a development like this without manifesting some sort of visual
change. He said that there is, however, clearly an attempt on the developer's part to make an
appealing visual-scape even if it is not exactly the same as it was before development.
Payne said that because there will be higher quality trees and better maintenance of the green
spaces, the land probably will eventually be more attractive than it is presently. Payne said that
it sounds as though the drainage will be much better for the entire neighborhood as a result of
this development, which would be a huge improvement for the area.
Plahuntik said it sounds as though staff and the development team have worked very hard on
this project. He said that if MMS Consultants could make water flow somewhere other than a
low spot, they truly would have a gold mine on their hands. Plahutnik said he hoped the
neighbors were happy with all of the improvements and changes that will be made as a result of
the development. However, in the end, this is someone else's property and they get to do with it
as they choose as long as it meets code. Plahutnik said that he is essentially supportive of the
project thus far, pending the outcome of the mitigation plans.
Freerks said she had taken a good look at the sensitive areas ordinance in considering this
application. She said that she agrees that some improvement to the area could result from the
development, particularly in the area of drainage issues. However, she said she has to think
that a little more can be done in terms of preserving woodlands and wetlands. She said that
removal of 95% of the woodlands is concerning to her. She said that she understands there will
be impact on the sensitive areas if any development is done; however, she has concerns about
the degree of the impact. She said she also had concerns about the parkland. She asked
when that would be reviewed by the Parks and Recreation Commission. Miklo said the
parkland will be reviewed by that commission on May 12'h. Miklo noted that it was the Director
of Parks and Recreation that chose that site for the park, though there was some debate within
the department over the location. Freerks said she takes the sensitive areas seriously and she
Planning and Zoning Commission
May 6, 2010 -Formal
Page 11 of 15
thinks that the ordinance is there for a reason, and whether the trees are termed "junk trees" or
"scrub trees" they are a part of an existing environment and that should be taken into
consideration. Weitzel said he too was concerned about that at first; however, as it turns out the
wooded area is just a 30-year growth of low-quality trees. Freerks acknowledged that fact, but
pointed out that it did fall into the category of`woodlands," and therefore should be considered
as such. Weitzel commented that perhaps the Commission could request that additional trees
be planted. Payne said the staff report indicated that the applicant was only required to put in
762 replacement trees, but the applicant said they were actually putting in 832 trees. Miklo said
that he believed the change in figures is a result in change to the plans, and does not actually
indicate that the developer is putting in more trees than is required.
A vote was taken and the motion to defer carried 6-0 (Eastham abstaining).
DEVELOPMENT ITEMS:
SUB10-00005: Discussion of an application submitted by the Moss Green Development
Corp. for a preliminary plat for Moss Green Urban Village, an 18-lot, approximately 235-
acre office park and mixed use development subdivision located west of North Dodge
Street/Highway 1 and north of Interstate 80.
Miklo noted that this application had been deferred at the Commission's previous meeting due
to a number of technical deficiencies on the plat. The Public Works Department has not yet
signed off on the most recently submitted version of the plat. As a result, Miklo recommended
that any approval of this application be subject to the approval of the City Engineer before this
goes before the City Council. Miklo said that typically, staff prefers to have everything in order
prior to the Commission taking a vote; however, Engineering has indicated that the few items
that had not been corrected at their most recent review were fairly minor and could be corrected
prior to the City Council meeting.
Miklo said that one of the issues had concerned the need to provide for sanitary sewer to the
north of the development and the concern that the sewer not go through the conservation area
adjacent to the property. Miklo said that consultations had resulted in a more suitable location
for the sanitary sewer line, resolving the need to take the line through the conservation area.
Staff recommends approval of the application subject to the approval of the plat by the City
Engineer prior to the application going before City Council. Miklo offered to answer any
questions the Commission might have; there were none.
Freerks opened the public hearing.
Wally Pelds, 2323 Dixon Street, Des Moines, of Pelds Engineering and Eco-4 Partners, spoke
on behalf of Steve Moss, Dave Moss, Moss Family Farms, and Moss Green Development
Corporation. Pelds said that the platting is down to its final stages. He said there were some
labeling deficiencies that resulted from moving the sanitary sewer line so as to alleviate
pressure on the conservation area, as well as a small number of other mislabelings. Pelds said
that the project is so big that they run into problems coordinating the mapping in the correct
scales. Pelds said he was happy to answer any questions from the Commission. He said that
on May 10 they would be presenting the Planned Development Overlay to the City Council, and
are very excited about that.
Weitzel thanked Pelds for being willing to work with the conservation area to alleviate the
Planning and Zoning Commission
May 6, 2010 -Formal
Page 12 of 15
pressure for development that might have resulted from sanitary sewer lines running through
their property. Pelds said it had been their pleasure.
There were no further comments on the matter and the public hearing was closed.
Weitzel moved to approve SUB10-00005, an application submitted by the Moss Green
Development Corp. for a preliminary plat for Moss Green Urban Village, subject to
approval by the City Engineer.
Eastham seconded.
Freerks invited discussion.
She noted that everything seemed to be in order and she said she was excited to see the
project move along.
A vote was taken and the motion carried 7-0.
SUB10-00006: Discussion of an application submitted by Steve Kohli Construction, L.C.
for a preliminary plat of Brookwood Pointe, an 80-lot, 21.98-acre residential subdivision
located west of Sycamore Street, north of Terrapin Drive.
Rosenberg noted that in June 2005 this property had been zoned RS-5 in the northern portion
and RS-8 in the southern portion. The residential zoning complies with the Comprehensive
Plan. To the north is RS-5, to the south is RS-8, and to the east is low-density residential.
Wetherby Park and an undeveloped low-density residential development are to the west of the
subject property.
Rosenberg said that sanitary sewer will be available to the subdivision and will be extended with
a per-acre fee during final platting. The City will provide essential services such as police/fire
protection, refuse and transit.
At the time of its most recent rezoning, a preliminary plat for Brookwood Pointe Additions 1
through 4 was approved. A final plat of Brookwood Pointe Addition 1 was approved in August
2005 and has been mostly built out. Rosenberg stated that the preliminary plant for Additions 2
through 4 expired in June 2007.
Rosenberg explained that in August 2008 new subdivision regulations were adopted which
contained revised standards for street design. The applicant has submitted a preliminary plat
for Brookwood Pointe Additions 2 through 5 which complies with these new standards where it
is possible to do so.
Rosenberg noted that there is a conditional zoning agreement attached to this property, the
requirements of which will apply to the final plat of Brookwood Pointe Additions 2 through 5:
1) The contribution of a per-acre fee for the improvement of Sycamore Street at the time of
final plat approval;
2) Construction of storm water management facilities on Outlot A during the construction of
Addition 1 (completed);
3) An easement to facilitate construction of a sanitary sewer line from Southpointe
Subdivision to Sand Hill Estates;
Planning and Zoning Commission
May 6, 2010 -Formal
Page 13 of 15
4) A landscape buffer for double-fronting lots on Sycamore Street.
Rosenberg stated that Brookwood Pointe is accessible from Sycamore Street to the east and
from Terrapin and Russell Drive to the north and south. The new streets include: Vesti Lane,
Brookwood Pointe terrace, and Ashlynd Court. Rosenberg said that in staff's view the street
design complies with the Comprehensive Plan and the subdivision design standards.
The expired subdivision code required 50-foot right-of-ways, whereas the new code requires 60-
foot right-of-ways. Rosenberg said that Vesti Lane will be allowed to continue as a 50-foot right-
of-way. All other streets will comply with the requirements of the current subdivision code.
Rosenberg explained that there are three double-fronting lots along Sycamore Street which also
front along Ashlynd Court. In the event of double-fronting lots, larger lots are required to provide
additional buffer. Under the conditional zoning agreement, there must be at least 20-feet of
landscaped buffer along Sycamore Street, with any fencing 25 feet from the street. Rosenberg
explained that Sycamore Street is slated to be improved and that staff does not want buffer
trees planted prior to that improvement. As a result, the subdivider will be required to pay a fee
for the landscape buffer to be installed after the improvements to Sycamore.
Rosenberg said that the phasing of the project has been changed from the original plat;
however, staff does not object to the revised phasing provided there is an agreement for the
installation of a sanitary sewer connecting Brookwood Pointe to Sandhill Estates.
The developer will be required to pay a fee for the small portion of Brookwood Pointe that uses
the Sycamore Regional Stormwater Sewer. All other storm water management is handled by
Outlot A in Addition 1.
Rosenberg explained that when Brookwood Pointe opened in 2005, the Parks and Recreation
Commission opted to collect fees in lieu of open space because of the development's proximity
to Wetherby Park. The commission will review the plat again to make sure that is still the
desired course of action.
A revised preliminary plat was submitted on April 27th. The City Engineer has not yet completed
a review of the plat. Rosenberg said that approval should be subject to the correction of any
deficiencies identified by the City Engineer.
Staff recommends that SUB10-00006 the preliminary plat of Brookwood Pointe, an 81-lot, 21.98
acre residential subdivision located west of Sycamore Street be approved subject to an
agreement for extension of a sanitary sewer to Sand Hill Estates and approval of the City
Engineer.
Koppes asked when Parks and Recreation would be reviewing the plat. Miklo replied that they
would review it the following week. Rosenberg said it is the fee that will be paid during the final
plat process.
Eastham asked how the storm water drainage from this subdivision works. Miklo explained that
the water is piped into the retention basin on Outlot A. Eastham asked where the Outlot drains
to. Miklo said he is not sure, but that he believes it drains to the southwest.
The public hearing was opened.
Planning and Zoning Commission
May 6, 2010 -Formal
Page 14 of 15
Steve Kohli, 3129 Dubuque Street, explained that he had built a 3-acre pond approximately
eight years ago, along which there is a drainage way to the Iowa River. He explained that his
drainage system involves both adry-bottom basin and awet-bottom basin. He said that they
have had absolutely no water issues in any of the homes they have built in that area.
He noted that while they did not hold good neighbor meetings this time around, they had held
them at the time the original platting was done. He said that because the plat is essentially the
same, and because all feedback was positive the last time around, the good neighbor meetings
had just fallen through the cracks this time. He said that in working in the area he had
discussed the issue with neighbors, but that really the most common response was a desire to
have neighbors quickly.
There were no questions from the Commission and the public hearing was closed.
Busard motioned to approve SUB10-00006, an application submitted by Steve Kohli
Construction, L.C. for a preliminary plat of Brookwood Pointe, an 80-lot, 21.98-acre
residential subdivision located west of Sycamore Street, north of Terrapin Drive.
Plahutnik seconded.
Koppes said her only concern with this development is that Russell could become a fast route
as it is the only street besides Sycamore that goes north-south. She said that if it did she knew
there could be traffic calming measures taken, but it was a concern for her. Freerks noted that
there are a couple of curves in there to slow things down. Freerks said she was happy to see
the area filling in.
A vote was taken and the motion carried 7-0.
CONSIDERATION OF MEETING MINUTES: April 12, 2010 and April 15, 2010:
Busard motioned to approve the minutes.
Plahutnik seconded.
The minutes were approved 7-0.
OTHER:
There was some discussion of dates when Commissioners would not be available over the
summer. Plahutnik, Payne and Koppes all said they would not be present at the June 28tH
meeting.
ADJOURNMENT:
Weitzel motioned to adjourn.
Payne seconded.
The meeting was adjourned on a 7-0 vote at 8:30 p.m.
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Preliminary Minutes
April 2010
MINUTES
SENIOR CENTER COMMISSION
APRIL 22, 2010
ROOM 208, IOWA CITY/JOHNSON COUNTY SENIOR CENTER
Members Present: Merce Bern-Klug, Chuck Felling, Jay Honohan, Sarah
Maiers, Jean Martin, Charlotte Walker
Members Absent: Michael Lensing
Staff Present: Linda Kopping, Emily Light
Others Present: Dave Dowell, Bob Welsh
RECOMMENDATIONS TO COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 4:00 PM. Jay Honohan chaired the meeting.
APPROVAL OF MINUTES FROM MARCH 25, 2010 MEETING:
Walker asked to clarify her statement on page 3 about the large meal providers
needing tilt skillets. Her statement now reads, "Walker said the tilt skillets are
necessary for the operation of the big meal providers, and they already possess
them."
Motion: To accept the minutes from the March 25, 2010 meeting with
corrections. Motion carried on a vote of 6/0. Martin/Felling.
PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA:
None.
COMMISSION ASSIGNMENTS:
Honohan is scheduled to visit the Board of Supervisors on April 29. Maiers will
visit the City Council to report on the April meeting.
UPDATE ON THE SPECIAL NUTRITION PROGRAM COMMITTEE:
Preliminary Minutes
April 2010
Honohan said he met with Kopping and Bern-Klug to identify specific issues for
discussion with Elder Services' nutrition program representatives. Honohan said
the group feels there should be a listing of the equipment that the Senior Center
will maintain and equipment that Elder Services will be responsible for
maintaining. Most of the equipment is used only for the nutrition program, but
some of the equipment is used by the Senior Center occasionally for special
events. A written agreement will detail each party's responsibilities. Honohan
said he is no longer concerned about ownership. He is concerned with who will
fix or replace each piece of equipment when it breaks down.
This negotiation will likely lead to the creation of an entirely new lease agreement
between the Senior Center and Elder Services.
Kopping said the committee also discussed finding out how much Elder Services
claims the Senior Center provides to the meal program through an in-kind match.
CONSIDERATION OF THE PROPOSED POLICY RECOMMENDATIONS FOR
THE CODE OF CONDUCT AND ACTIONS TO TAKE WHEN THE CODE IS
VIOLATED:
The Commission discussed the code of conduct in detail.
Welsh asked about petitioning. He doesn't think it should need to be authorized
by the coordinator. Kopping described the importance of participant choice. If
petitioners are stationed in a designated location, participants can decide
whether or not to approach them and it removes the potential for discomfort.
Welsh brought up the point of bodily hygiene. He said the City could be sued for
exclusion based on bodily hygiene. Welsh said the dining program is open to all
persons by necessity.
Dowell suggested creating a committee to make the disciplinary decisions, rather
than rest all authority with the coordinator? Honohan said that the policy has
steps that address this question.
Honohan said he thinks it is excessive to review the entire code of conduct and
progressive discipline policy with a participant upon a first offense. He thinks a lot
of violations of the code of conduct may result from a lack of education and can
be resolved with a short conversation.
Kopping said the policy is written for the argumentative offender, not the one who
will respond immediately to a casual instruction.
The Commission agreed that the code of conduct could be discussed in detail
with a violator, if necessary, but most situations may not warrant this step.
Preliminary Minutes
April 2010
Kopping said the policy could be revised to say: the staff member will tell the
person which rule was violated and ask if they would like a copy of the code of
conduct and disciplinary policy, and act according to the person's wishes.
Honohan does not think the directions for the staff response to an offense
belongs in this portion of the policy. Honohan said the instructions could be
detailed in a memo to the staff.
Walker disagreed. She said the staff needs guidelines for handling an offense so
the situation doesn't disintegrate, and the expected staff procedure should be
public knowledge.
Felling said this section could be rewritten to describe the sequence of staff
actions, rather than dictate instructions to the staff. Honohan said he would
accept that suggestion.
Kopping and Honohan will address these issues when they prepare an edited
draft of the policy for the next meeting. The rewritten policy will need to be
approved by the Commission before the ceramics room can be reopened.
CONSIDERATION OF PROPOSED CERAMIC STUDIO GUIDELINES AND
POLICIES:
Kopping referred to the ceramics room guidelines that were included in the
packet. Walker said they look good. The Commission agreed.
Motion: To approve Senior Center ceramic room guidelines. Motion carried
on a vote of 6/0. Felling/Maiers.
UPDATE ON BOARD APPOINTMENTS FOR FRIENDS OF THE CENTER:
Kopping said Judy Atkins agreed to serve on the Board. Kopping has not
received an answer yet from Sue Shallau. Karen Franklin is not available.
OPERATIONAL OVERVIEW:
Kopping said City engineers are testing the showers for the cause of the leaks.
No repairs have begun, and responsibility has not been determined.
Recommendations from the self-assessment committees are included in the
packet. They will be included in the summer program guide also. Kopping is
working on compiling the recommendations into an action plan.
Kopping reported that Craig Buhman is on medical leave following surgery, and
Michelle Buhman will be out of the office for a few days taking care of Craig.
Susan Rogusky is on leave. The City Manager authorized the Senior Center to
Preliminary Minutes
April 2010
hire apart-time temporary maintenance worker for the time that Craig is absent
and working light duty. Corbin is working full-time for the Senior Center, not
cleaning in Cable TV while Craig is gone, but that change will not be permanent.
Walker would like the Steering Council to make reports to the Commission. She
wants minutes to be distributed to the Commission. Light said the minutes will be
available at the front desk and on the website. Walker wants the minutes posted
somewhere so people don't have to ask to see them.
Walker said she would like to see more low-income people on the committees.
Felling said it is an open invitation. Walker said she thinks the Steering Council
seems like a convoluted thing. Honohan said he appreciates all the work these
volunteers have done, and he sees no reason to be critical of them.
Felling said one of the purposes of the group and sub-committees is to get more
people involved from all backgrounds.
COMMISSION DISCUSSION:
Board of Supervisors Report on the March Meeting: Honohan called late and
could not get on the agenda for the March meeting of the Board of Supervisors.
City Council Report on the March Meeting: Lensing may have attended, but he is
not here to report.
ADJOURNMENT:
Motion: To Adjourn. Motion carried on a vote of 6/0. Martin/Felling.
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