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HomeMy WebLinkAboutInformal minutes of 8/22Informal Council Discussion August 22, 1988 Informal Council Discussion: August 22, 1988, at 6:30 p.m. in the Council Chambers in the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Courtney, Horowitz, Larson, Ambrisco. Absent: Dickson, Strait. Staff Present: Atkins, Helling, Timmins, Karr, Schmeiser, Vitosh. Tape Recording: Reel 88-49, Side 1, 1 -End, Side 2, I -End. i Planning and Zoning Matters: Reel 88-49, Side 1 j A. Ordinance to vacate a 3.778 square foot portion of Waterfront Drive Iiii light -of -way. Schmeiser stated Gay's request of Council consideration of an ordinance to vacate a portion of Waterfront Drive right-of-way is to allow for parking in the front yard. B. Ordinance to vacate a portion of Maiden Lane. Schmeiser noted area property owners south of Ralston Creek have raised concerns regarding the need to access property north of Ralston Creek. Schmeiser outlined four alternatives for Council consideration on this item: 1. Vacate right-of-way with assurance than land will not be sold without the establishment of a pedestrian easement - accessway and footbridge construction easement across the right-of-way; 2. Vacate right-of-way and re-establish a roadway easement across the right-of-way at such time the land is disposed of; 3. Defer action on the request until it is made clear by Mr. Chait what his plans are for improvement of the triangular piece in conjunction with the St. Patrick's building conversion; and 4. Action to deny. McDonald asked If the vacation of the property is contingent upon the proposed St. Patrick's building conversion prosect. Schmeiser said no, this is a separate request to vacate the right-of-ways the Council could sell the 19 -foot strip of right-of-way with the triangular piece of property to someone else if the conversion project fell through, The sale of the triangular place, howevtr, is contingent upon the Improvement of St. Pitfick's building. Larson asked If Council action on this Item could he delayed until the Maiden lane area development study has been prepared, Schmeiser said Council could daisy It unless action Is n+:ded for Benjamin Chaff's derelnpmenl of the triangular piece of property and the St. Pat's i hulldino, Schmei}nr remind?d Council thae Inp .alp of the trien- O-Oar p6c:s of propofty to Ranjamin Chit le z6fitifiyant upon chait`s / )i development of St. Pat's building. Larson stated this area should be considered concurrently with the Maiden Lane area. McDonald asked Chait for comments regarding the proposed redevelopment of St. Pat's building. Benjamin Chait stated plans are still being worked on and delaying action on the vacation of right-of-way will not impact on his plans for the St. Pat's building. Horowitz raised concerns regarding receiving input from property owners in the area, including property owners located south of Ralston Creek. Larson said he received comments from an attorney representing six property owners in the area. McDonald inquired about the Maiden Lane area development study. Atkins said a meeting of Maiden Lane property owners is scheduled for Friday, at 10:00 a.m. Atkins said that following discussion with property owners in the area, the matter will be brought up for informal discussion and the Council may wish to indicate to staff if there is interest in considering the two areas concurrently. Larson said there may be interest in having a public-private partnership to redevelop the area. Council agreed to defer action on the ordinance to vacate a portion of Maiden lane. Council received input from Chuck Johnston. Johnston requested that the area, north and south of Ralston Creek be considered as a whole. Johnston said vacation of Maiden Lane will have a financial impact on the value of properties located south of Ralston Creek and requested that all property owners located on Maiden lane be notified of any changes. Johnston requested that a neighborhood meeting be held for all property owners in the area. Atkins stated south Maiden Lane property owners were not invited to Friday's meeting involving north Maiden Lane property owners but would be welcome to attend. Real 88.49, Side 1 Karr noted Council members received her August 10, 1988 memo regarding special event parmlt. Karr asked for Council direction regarding establishing a special event permit or clarification of the present ordinance to allow exceptions to the permanent outdoor service regula- tions. Kerr explained that the current outdoor service area/beer garden provisions allose for permit structural iihly - no temporary uie. Karr said provisions Could to established for temporary beer gardens or allow exemptions to the pFrmanbt structure requirement for Owsr that obtain a special 14 -day permit. In response to Larson, Karr said if someone does not have liquor license, they may a ply for a 14-4sy permit end in existing liquor establishment could apply for and receive a 14•day permit. Larson asked if the proposed speclal event permit relates to Sexton's Best requasl, karr said additional language could be added to in i ordl000to to In0e40 Season's Best request. Karr Wil she obtained an ordinance from Waterloo that allows for permanent bear gardens, temporary i bear gardens, Permanent Outdoor cafes and temporary o0 door cafes, In reiDponce to Amhrlito, Karr explilood City Plats yar�aits ware totally dl.- fror, i" Cfiy': outdoor sarvitc rogulation:. ><tlaa::d said throe 1 )I years ago the City established provisions allowing outdoor service areas on the Plaza but they are handled separately as Plaza Cafes. Karr said approximately seven to nine outdoor service areas currently exist. Horowitz asked what input has been received from the Downtown Association. Ambrisco stated that he receives many phone calls opposing outdoor service areas. Karr noted that an outdoor service area must be on private property, except within the Plaza as Plaza cafes. Horowitz noted that three types of areas: the Plaza, public sidewalks, and privately owned land, need to be considered. Karr suggested that Council could amend the provisions that allow for permanent outdoor service areas to exclude 14 - day permit holders from doing a permanent structure or additional regula- tions could be drafted to allow for a temporary outdoor structure. Timmins said permanent outdoor service area regulations have comprehensive regulations and could be amended. Regarding Maxie's request, Ambrisco inquired about access control. Karr stated there is one limited access in and three or four emergency exits out; Maxie's request was reviewed by the Fire Department, Police Department, and Housing Department; and fencing will be used to limit the access. Karr said each facility requesting a temporary outdoor service area would need controlled access. Larson requested staff to prepare language amending the permanent outdoor service area regulations and establish regulations to allow temporary outdoor structures. Council agreed to Karr's recommendation to grant Maxie's permission for a two day event as outlined in her August 10 memo. Regarding Season's Best. Council discussed Season's Best request for an outdoor service area. Timmins stated he had prepared a memo with recommendations and he would redistribute. Karr stated information could be combined with outdoor service area recommendations. Regarding Yacht Club Request. Atkins stated he and Assistant City Attorney Boyle have drafted memos regarding this issue. Atkins summarized information from the memo prepared Assistant City Attorney Boyle relating to the 50% food service requirement. Referring to that memo Atkins said Council has four choices with respect to the 50% food service requirement: 1) do nothing t) repeal provisions of Section 6•26 limiting establishments to ground floor, 3) adopting resolutions by administrative rule which would reduce the 50% requirement, and 4) amend the code to define the restaurant of an establishment having at least IV percentage in non-micoholic gaoods. Timmins said it is advisable to define restaurant in the Code. Tiamins told the policy Issue Is how should restaurants be defined for purposes of this exception. Atkins stated ltauet raised In his memo relate to the Intent of Council with respect to lituente of liquor licenses, Atkint sold many titles use some type of food service requirtmont is a component to Issuance of liquor license. Atkins raised concerns about the enforce- ability of the 50% requirement and said one option would be for the City to require the holder of a liquor Ilcahse to have food tarvics avallabi. ilty. W Atkins said it is easier for law enforcement and public safety if liquor establishments are located on the ground floor. Atkins said an issue is enforcement of the City's licensing authority power. Larson addressed the fairness/unfairness relating to the four bars, Sports Column, Fieldhouse, College Street Club, and Mama's that get police calls, versus the Yacht Club, with no police calls. Larson stated the City's licensing authority should be exercised more vigorously. Horowitz said any bar should have the facility to serve food. Horowitz said food percent as currently applied should be changed. Ambrisco asked if a food service requirement as a component of the liquor license could be enforced. Timmins said Iowa law would not permit such a requirement. Timmins said the 50% requirement originated as an administrative definition of a restaurant from the State Code. Courtney stated he will not support allowing bars in basements. Council discussed the bar/restaurant requirements for establishments not located on the ground floor. Council directed staff to draft provisions redefining restaurants. Appointments: Reel 88.49, Side 2 CCN - George Starr Council Time: Reel 88-49, Side 2 Horowitz referred to Planning and Zoning Commission minutes and asked where Terracon is located. Atkins said Terracon is a company that does soil borings. Timmins stated Iowa City has not completed negotiations with the University of Iowa for installation of a transmission line; that University of Iowa had proposed an agreement to cover the transmis- sion line only; and Iowa City had proposed an agreement to cover all of the utilities. Timmins stated Iowa City had submitted in March 1987 a comprehensive agreement for all utilities and the University of Iowa responded with a license agreement covering only a power line. Council directed staff to negotiate a comprehensive agreement for all utilities with the University of Iowa. Meeting adjourned at 7:50 PM,