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HomeMy Public PortalAbout2018 1108 MinutesRIVERDALE PLANNING & ZONING AND COMMISSION PUBLIC MEETING MINUTES Riverdale City Council Chambers, 110 Manor Drive, Riverdale, Iowa 52722 7:00 p.m. Thursday, November 8, 2018 Page 1 1. ROLL CALL In the absence of Acting Chairman Bill Briesch, Zoning Administrator Tim Long called the regular meeting to order at 7:00 p.m. Present at roll call were Planning and Zoning Commission members Kevin Adams, Maggie Iverson and Wendy Syverud. Members Bill Briesch and Gloria Gierke were absent. Also present were Zoning (City) Administrator Tim Long, City Engineer Chris Cooper, and various members of the community (see sign-in sheet, attached). 2. REVIEW AND APPROVAL OF THE AGENDA. Motion by Iverson, second by Syverud to approve the Agenda as presented. VOICE VOTE, ALL AYES. MOTION CARRIED. 3. REVIEW AND APPROVAL OF MINUTES Long noted that the minutes listed on the Agenda for May 24, 2018 had already been approved on July 3, 2018. Motion by Iverson, second by Syverud to approve the minutes, amended as follows: October 18, 2018: add the observation from Iverson on page two of the minutes, “Iverson inquired about the developer’s responsibility to provide signs for the trail that indicted that the bicycle trail would be closed for the period during which construction near the entry street for the Woods Estates subdivision was under construction” ; and, also on page two, that “Syverud had inquired as to what measures were being taken to insure that the trees required of the developer would meet the minimum caliper diameter stated by ordinance”. VOICE VOTE, ALL AYES, MOTION CARRIED TO APPROVE THE MINUTES OF OCTOBER 18, 2018 AS PROPOSED TO BE AMENDED, AND APPROVING THE MINUTES OF JULY 3, 2018 AS PRESENTED. 4. CONSIDERATION OF WOODS ESTATES SUBDIVISION, PHASE 1 Long reviewed his memo of November 7, 2018 which discussed the City’s requirement for surety bond, assessment waivers or other financial considerations for the guarantee of the completion of public improvements for the Woods Estates Subdivision as a component for Council approval of the subdivision plat and plans. Adams stated that it seemed clearly stated that the City’s Subdivision Ordinance requires the developer shall provide a bond, cash, or irrevocable letter of credit to guarantee the streets and sewers will be completed before the Commission and Council could approve the plat and plans. Syverud observed that the City’s bond and TIF counsel, Ahlers Law, wrote that assessment waivers could be difficult to collect, and further noted that the City’s limited staff would be tied down with such a task, if the developer failed to complete. Long concurred with Syverud’s understanding of the function of an assessment waiver, and Ahlers’ opinion. Iverson stated her concerns with amending a development agreement after its acceptance and the potential for setting a precedent for future agreements to be amended. City Engineer Chris Cooper, responding to Syverud, stated that the City of Riverdale would be hard-pressed to complete the improvements for the amount stated in the developer’s engineering estimate because there was no guarantee that the developer’s contractor would accept the same unit costs for completing the job for a public entity as opposed to a private developer. Cooper furthered that was a reason that letters of credit or bonds were required for 125% of the developer’s cost estimate. RIVERDALE PLANNING & ZONING AND COMMISSION PUBLIC MEETING MINUTES Riverdale City Council Chambers, 110 Manor Drive, Riverdale, Iowa 52722 7:00 p.m. Thursday, November 8, 2018 Page 2 Responding to Adams, Cooper explained that the ongoing excavation for the new road has to pause to allow the groundwater escape before they can continue excavating. Cooper furthered that the developer will be required to provide sub-grade drainage to prevent future damage to the roadway. Responding to Adams’ inquiry about detention pond “C”, by the State Street entrance, Cooper advised that pond “C” is designed to capture the stormwater runoff from the new street. Cooper described the theory and practice of stormwater management as set out by the City’s stormwater regulations. Responding to Iverson, Cooper stated that the developer was still awaiting the Iowa DOT’s permit to allow them to complete the drainage piping for pond “C” to complete the stormwater plan. Iverson added that the pond nearly over- topped in the recent rainstorm, and may have flooded the westerly travel lanes on State Street / U.S. Route 67. Adams, speaking to the City’s requirement for bond, assessments waiver, or letter of credit to guarantee completion of the public improvements, stated that he was opposed to relying solely upon an assessments waiver, given the City’s possible exposure for up to $1.8 Million for completing the improvements, without some other form of security. Responding to Adams, Long and Cooper described the function of irrevocable letters of credit as a guarantee. Adams further noted that the email from developer Woods describing his tree replacement plans doesn’t address their removal of trees larger that 10” caliper, or meeting the replacement rate established in the City’s subdivision ordinance. Iverson agreed that she would like to see a more clearly defined tree plan from Woods, in the form of an agreement. Adams added that they need to be provided with the final form of property owner’s covenants. Constituent Steve Townsend added his thoughts on the need for tree replacement plans. Long confirmed that owner’s covenants were a requirement for approval of a subdivision. Syverud added that the City is still owed reimbursement for the legal and engineering fees that have been expended in reviewing Woods’s subdivision, and requested that City staff invoice and collect the amount due from Woods. Townsend shared his observation that the cut and fill excavation work done to date don’t match the grading plan, and that there was water ponding on the property adjacent to his back yard. Motion by Iverson, second by Adams to table consideration of approval of the plat and plans for the Woods Estates of Riverdale subdivision, first addition, until the covenants, tree plan, guarantees of completion of the public improvements, and fees due the City are resolved. 4. Adjournment. Hearing no further discussion, motion was made by Iverson, second by Adams to adjourn the meeting at 8:25 p.m. VOICE VOTE, ALL AYES. MOTION CARRIED. Respectfully submitted, Tim D. Long, Acting Secretary