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HomeMy WebLinkAboutInformal minutes of 9/19Informal Council Discussion September 19, 1988 Informal Council Discussion, September 19, 1988, 6:35 p.m. in the Council Chambers. Mayor John McDonald presiding. Councilmembers present: McDonald, Courtney, Balmer, Larson, Horowitz. Absent: Ambrisco. Staffinembers present: Karr, Schmeiser, Timmins, Atkins, Helling, Brachtel, Boyle. Tape-recorded on Reel 88-52, Side 1, 1 -END, Side 2, 1 - END; Reel 88-53, Side 1, 1-501. CONSENT CALENDAR: Reel 88-52, Side 1 Karr stated the County Sheriff's signature was still needed to complete application for the Wig & Pen establishment. Tom Riley, attorney representing Harold Brown, stated he would obtain the necessary signatures prior to formal Council meeting. Council agreed to add Wig & Pen to the Consent Calendar. PLANNING & ZONING MATTERS: Reel 88-52, Side A. Schmeiser stated he will present detailed information prior to Council's next meeting. WIC 1:1 1'1 1 1 : 1If4 Ulylu4r4li _ Schmelser said the two changes being proposed will permit the location of manufacturing businesses in the C1.1 zone provided the manufacturing portion of the business does not exceed 5,000 square feet and provide for 15,000 square feet of manufacturing usage by special exception. Horowitz said the performance standards should provide for a buffer between this zone and type of manufacturing in the adjacent residential areas. Horowitz asked Schmeiser if the City's peeformance standards are capable of enforcing the 5,000 square foot provision. Schmeiser replied affirmatively. Schmeiser explained that the performance standards require screening and the manufacturing use has to meet commercial use performance standards which aro more restrictive. Larson asked if parformanco standards for commercial uses are more restrictive than for manufacturing uses, Schmelser cold yes. Larson asked what objections were raised by Planning & toning Commission members. Planning l toning Commission member Hobert said 6,00 square feet would allow small manufacturers enough space to start a business and he objected to 16,000 square foot because it would create traffic problems. Belmar asked If there are other v+cant buildings In the area. Schmalser said Southgate Oavelopmanl building, the telephone building, and a building owned by the Cllyy are vacant. Larson said business owners In the area should favor the Horowitz noted the volume of traffic on Bnyrum is lncrastina. MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 2 C. ORDINANCE TO AMEND CHAPTER 36-23 OF THE ZONING ORDINANCE THE COMMERCIAL INTENSIVE ZONE. (first consideration) D. See above Item B. Schmeiser explained Council reviewed this subdivision's preliminary plat concurrently with the Nottingham Place Subdivision. Schmeiser said residents in the area have objected to the subdivision because - 1) the site will be too congested with the five proposed lots, 2) the development will be out of character with the residential development in the area, 3) the development will be contrary to the RS -5 zone, 4) there will be severe environmental degradation, 5) the hammerhead design of the cul-de-sac turnaround will not provide for on -street parking or snow removal, and 6) if the front yard setbacks are not varied to allow houses to be constructed further from the street, there will be a "sea of asphalt" in the front yard. Schmeiser distributed a map designating the hammerhead turnaround, and said the hammerhead design was proposed to reduce the amount of environmental impact in the area. Schmeiser said a special exception to reduce the front yard setback of the proposed homes is pending with the Board of Adjustment. Larson asked if the neighborhood concerns are relevant to Council's decision regarding approving the final plat. Schmeiser said if the applicant meets all of the subdivision requirements and other City ordinances and the plat is fairly consistent with the approved preliminary plat, then Council is bound to approve the final plat. Larson asked if any of the neighborhood concerns would be relevant to approval of a preliminary plat. Schmeiser said the hammerhead design is a variation from the required design standards. Schmeiser said it was staff's recommendation that the hammerhead design be approved. Larson asked Council to address the issue that environmental concerns are not a basis for the Council to refect a plat if all legal requirements have been met. McDonald stated Council is scheduled to discuss Urban Ad Hoc Comm II too recommendations at the Council's October goal setting session. Horowitz asked if the City's Public Works Department has Studied stormwater management In the area. Schmeiser replied they had. Courtney asked about the City's neighborhood notification procedures. Schmelsor said notification signs aro placed on the subdivision property and there are stringent notification requirements. Courtney noted the proposed subdivision creates two triple frontage lots on Oaklawn, Morowitz asltpd where recreational vehicles ownod by property owners of the proposed lots would park, Schmelsor told that is a problem.Schmelsor said the lot frontage requirements for single-family Iuit in the RS -5 zona Is 25 fent and the hamnmrhnad sign was used to allow Me lots to be located closer, MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 3 E. Schmeiser stated the Planning & Zoning Commission, on September 15, made an additional recommendation to Council that the plat be approved subject to parking only being permitted on one side of Samuel Drive. Schmeiser said this Is a plan for a warehouse addition and the plan meets all ordinance requirements. Balmer asked why there was dissenting votes by Planning & Zoning Commission members. Planning & Zoning Commission member Hebert said there were dissenting votes because building construction had begun before approval was given. Atkins stated he released the foundation permits pending Planning & Zoning Commission approval and City staff will discuss the building construction schedule with Sheller -Globe. S ECP iAL c2_uK L ELECTION DATES: Reel 88-52, Side 1 McDonald stated Council received Karr's September 15, 1988, memo regarding special local elections. Council agreed to schedule December 13, 1988, primary election and January 10, 1989, special local election to fill the at -large Council seats vacated by the resignation of George Strait and Kate Dickson. Karr said she will prepare an election timetable for distribution to Council and perspective candidates. PQ1E_E QM.tLITY RELATIONS OFFICER: Reel 88-52, Side 1 McDonald noted Council received Atkins' September 13, 1988, memo regarding Community Relations Officer • School liaison Program. Larson asked if Council should consider the many issues related to a Liaison Officer before a decision is made to add a Community Relations Officer to the Police Department. Atkins said Council could approve the addition of a Community Relations Officer in concept. Balmer asked if Atkins has contacted the School District. Atkins sald he has been in contact with the School System and staff will need Va be sensitive to police presence In schools. Councilmombers discussed the Community Relations Officer selection precesst drug prevention And educational programs; and budgetary concorns. Courtney inquired about the automobile/equipment expense is ovillotd in the proposed budget for the community Relations Officer. Atkins said equipping the automobile is axpensivo and if the Community Relations Program is suttessfulI the Com,,nity Ralitlnns Officer will be spending a majority of the time out in the community. Atkins said training the Community Relations officer la neceuury and the Iowa Law fnfoFCamoent Academy hat scheduled a training drug r�iucation program In March 1989. Iarson said increasing the number of police detectives should be rrrattdrrrd, i'lrponald sold that C,!u,N ii owedi to ,ursider 411 of lha .tafrl^g !%miq of the Police nooartment. Atkins W d Council received a 17:i of the subttantiva issues relating to the Police Department. MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 4 Courtney said the City needs to add late-night uniformed police officers. Larson asked when Police Chief Miller would return from his medical leave of absence. Atkins said Police Chief Miller's physical condition is still being assessed. Councilmembers agreed to the Community Relations Officer concept and directed staff to proceed. Balmer said the program should be evaluated. LIQUOR CONTROL ISSUES: Reel 88-52, Side 2 McDonald stated Council received City Atty. Timmins' September 14, 1988, memo regarding liquor control issues. McDonald said the City has received a request from Season's Best to establish an outdoor service area. Timmins explained Season's Best has proposed to establish an outdoor service area under the stairwell area of the Commerce Building. Timmins summarized the five categories of Section 5-41 Outdoor Service Area Regulations as they apply to Season's Best. Section 5.41 Outdoor Service Area Regulations provide that a) they cannot encroach onto street right-of-way, b) cannot be located in the front yard, c) must be screened on all sides, d) accessible through establishment only, and e) cannot be located within a residential zone or within IOo feet of a residential use. Timmins stated four of the regulations would prevent Season's Best from having an outdoor service area and Council could waive the screening and accessibility requirements, Timmins said the Council additionally would need to amend the front yard location and location with respect to residential uses provisions to grant Season's Best's request. Timmins said an amendment to Section 5-41 has been drafted, Timmins reviewed the proposed changes to Section 5-41 as outlined in Exhibit B of his memo. Councilmembers discussed the definition of restaurant. Balmer said liquor establishments should be maintained on the ground floor level for public and police safety reasons. Larson said the provision requiring restaurant service during 90% of the hours that the business is opened needs to changed, Council received cnmoeots from Hank Miquel, owner of Yacht Club. Miquel said the liquor establishment location on the ground floor requirement should be addressedi restaurant definition requiring a free-standing stove, griddle or grill needs to be expanded to Include other equipment such as microwaves; And there should bit a proviiion that addresses how food Is served, McDonald said upstairs and basnmart bar* warn pririhibited for public ar+d polus safety" reasons. Larson sayqvstvd the ordinance read"full service kitchen.Timmins said the dOflaltinn sh?yld be specifically spelled out, Dean Thornbarry noted that Pyr air King does not use free-standing stoves, griddles or grills and would riot Beet the restaurant definition as proposed, Timmins stated broiler or Microwaves i can be added to the definition and the hours of operation& provitloh (90%) will need to hr Courtney stated Council 0nuld not h1hitually make ordloance changes to meet the needs of spocific butinassas, Courtney said bars should not ho permitted In basemonts, Attins Asad If Council has raasurubia uthuiity with rrspott to liquor iii►nse, !$mint said thyro it a >ur,ri"n:lcn srd ruvccatar prcr.« urv, u�t tsar �taj i• t6a I lcrnslnp 0110194, 1y: MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 5 Larson commented that Council should look at the fairness issue as it relates to allowing liquor establishments that require substantial police attention versus regulating establishments who have required minimal police attention. Council agreed with the proposed amendment changes and directed staff to prepare a final draft of the ordinances. In reference to Season's Best request, Timmins noted that Council needs to consider the screening and accessibility requirements. Larson stated that Season's Best should not be given an unfair advantage over downtown businesses. McDonald noted that Season's Best request applies to private property. Atkins stated that "front yard" is not defined in the ordinance. Timmins explained the term "front yard" is used in the current regulation, in downtown, front yard is defined as the required front yard, and there is no front yard required in the Zoning Ordinance in any City zone. Therefore, the proposed language does not use the term "front yard." In response to McDonald, Timmins stated that the provision providing that the outdoor service area shall not be permitted within 100 feet of a residential zone will be amended. TEMPORARY LICENSE. Timmins explained that under a seasonal or 14 -day license or permit, a liquor establishment can be established in conjunction with an existing bar or separately and it can be in a building, tent or parking lot. Timmins stated that he drafted a new set of regulations for the uses. Timmins stated that a double fence will be required and a sound equipment permit will be required if amplified sound equipment is used. Timmins said that if a liquor establishment is in a building, it can be located anywhere. If it is not in a building and in a residential zone, the outdoor ser�ice area cannot be any closer than 100 feet to the closest residence. Council discussed the Sound Ordinance. Timmins explained the City has not enforced the Sound Ordinance because of an early challenge to the Sound Ordinance in the Magistrate's Court which was upheld. in reference to the noise complaint, Atkins explained that police will give one warning and then shut down the sound upon the second complaint. Council received input from Dean Thornborry, owner of Maxie's. Thornberry apologized to Council and staff for problems relating to Maxie's. Thornberry stated that there were problems of miscommunication, music should be allowod, and police should have a decibel meter. Karr stated dancing ptrs!il regylations will also be drafted to be included with the temporary outdoor service area regulations, Lf.OAL-V[p,pL 1T .LMf pJQAGANIlA119Ni reel 00.57, Side 1 McDonald stated all C)unillrrmhnrs should he present to dl4cu« lf'941 Department reorgani/aline, Council agreed to defer discussion until their next Informal Council meeting. 11 ) 4 / MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 6 EXECUTIVE SESSION; Reel 88-53, Side 1 Moved by Larson, seconded by Horowitz, to adjourn to Executive Session under Section 21.5(c) to discuss strategy with Council in matters that are presently in litigation or where litigation is eminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 5/0, Ambrisco absent. The Mayor declared the motion carried. Council adjourned to Executive Session at 8;37 p.m.