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HomeMy WebLinkAbout2002-11-05 Public hearing NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 5th day of November, 2002, in the Emma J. Harvat Hall, Civic Center, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. An ordinance amending Title 14 Entitled 'Unified Development Code,' Chapter 6, Entitled 'Zoning,' Article U, entitled 'Administration and Enforcement,' Section 7 Entitled 'Violations and Penalties' To Increase the Municipal Infraction Civil Fines for Violating the Zoning Code. 2. An ordinance to vacate the northern 2' of Benton Street beginning 60' east of Gilbert Street and ending at Maiden Lane. (~opies of t:he proposed ordinances are on file for public examination in the office of: the (~i~, Clerk, Civic Center, ]Iowa Eib/, Iowa. Persons wishing to make their views known for (~ouncil consideration are encouraged to appear al: the above-men~;ioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: Susan Dulek, Asst. City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 6, ENTITLED "ZONING," ARTICLE U, ENTITLED "ADMINISTRATION AND ENFORCEMENT," SECTION 7, ENTITLED "VIOLATIONS AND PENALTIES" TO INCREASE THE MUNICIPAL INFRACTION CIVIL FINES FOR VIOLATING THE ZONING CODE. WHEREAS, Resolution 01-353 established a Neighborhood Housing Relations Task Force (hereinafter "Task Force") to fulfill the goal of improving peaceful habitation in Iowa City and appointed eleven individuals representing the interests of tenants, landlords, and neighborhoods to serve on the Task Force; WHEREAS, the Task Force met fifteen (15) times between November 7, 2001 and May 22, 2002; WHEREAS, the Task Force held one public forum to elicit comments from the public on its proposals; WHEREAS, the Task Force submitted its "Proposed Initiatives/Report of Task Force" (hereinafter "the Report") to the City Council on June 27, 2002; WHEREAS, in addition to proposals to amend policy, the Report recommends code amendments to increase the fines for municipal infractions for nuisances and other code violations that impact on neighborhoods; WHEREAS, on October 7, 2002, City Council passed Ordinance No. 02-2044 that increased the municipal infraction penalties for violation of nuisance provisions, the building code, the housing code, the electrical code, the plumbing code, the mechanical code, the fire code, and public utilities' use of the right-of-way provisions to $250 for first offense, $500 for second offense, and $750 for third offense; WHEREAS, the Plan and Zoning Commission recommends increasing said fines for violation of the zoning code; WHEREAS, in order to enhance deterrence zoning code violations, the fines for municipal infractions involving the Zoning Code should be increased; and WHEREAS, it is in the public interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENT. Title 14, entitled "Unified Development Code," Chapter 5, entitled "Zoning Code," Article U, entitled "Administration and Enforcement," Section 7, entitled "Administration and Enforcement," Subsection A is deleted in its entirety and a new Subsection A is added which reads as follows: Violation of this Chapter shall be a municipal infraction punishable by a penalty as provided for in Title 1, Chapter 4, Section 2, Subsection D. SECTION II. REPEALER. All ordinances and par/s of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION II1. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 2 Passed and approved this day of ., 2002. MAYOR ATTEST: CITY CLERK A P P~.~..~k-~ City Attorney's Office sue/ord&res/NTFordZoning.doc City of Iowa City MEMORANDUM TO: Planning and Zoning Commission FROM: Susan Dulek, Ass't. City Attorney~' DATE: September 25, 2002 RE: Increasing Civil Fine for Violation of the Zoning Code Introduction: With some exception, the City may issue a "municipal infraction" citation when an ordinance is violated. If the judge finds that the person violated the ordinance, the judge can, for example, order the person to cure the violation. The judge may, and almost always does, assess a civil fine. Although state law sets the limits on the maximum penalties ($500 for first violation and $750 for repeat violations), municipal ordinances establish the specific amount of the fine. The Housing Relations Task Force recommended to City Council that civil penalties for violation of nuisance and neighborhood-related ordinances be increased from $100 for first violation, $250 for second, and $500 for third to $250, $500, and $750 respectively. The recommended amounts are consistent with ordinances in other cities in Iowa. An ordinance increasing said fines has had two readings with Council and will be on the agenda to pass and adopt at the October 8 meeting. Said ordinance does not, however, include a provision to increase the penalty for zoning code violations because it needed to be reviewed by you first. Recommendation/Requested Action: Staff proposes to amend the zoning code (section 16-6U-7A) to provide that a penalty of $250 be assessed against the property owner/tenantJlandlord for first the offense, $500 for second the second violation, and $750 for the third violation. Attached is a proposed ordinance. Conclusion: If you have any questions, please do not hesitate to contact me. Enc. Copy to: Bob Miklo-w/enc. Doug Boothroy-w/enc. Marcia Klingaman-w/enc. Mitch Behr-w/enc. Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (VAC02-0005) ORDINANCE NO. AN ORDINANCE TO VACATE THE NORTHERN 'I'~VO FEET OF BENTON STREET BEGINNING 60 FEET EAST OF GILBERT STREET AND ENDING AT MAIDEN LANE. WHEREAS, the applicant, Kathleen Steve, has requested the vacation of the northern two feet of Benton Street beginning 60 feet east of Gilbert Street and ending at Maiden Lane; and WHEREAS, this portion of Benton Street is not needed for public street purposes; and WHEREAS, the vacation of this right-of-way will allow the applicant to increase the size of her property and therefore accommodate additional parking spaces; and WHEREAS, the Planning and Zoning Commission has reviewed and recommended approval of this requested right-of-way vacation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~. The City of Iowa City hereby vacates the right-of-way legally described as follows: Commencing at the Southwest Comer of Lot 4, Block 29, County Seat Addition, in accordance with the Recorded Plat thereof; Thence N90°00'00'E, along the South line of said Lot 4, a distance of 66.48 feet, to the Point of Beginning; Thence continuing N90°00'00"E, along said South line, 100.31 feet; Thence S00°17'50"E, 2.00 feet; Thence N90°00'00"W, 100.29 feet; Thence N00°49'15"E, 2.00 feet, to the Point of Beginning. Said parcel contains 201 square feet, and is subject to easements and restrictions of record. ~. All ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IIII SEVERABII ITY. If any section, provision or pad of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or pad thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20__ MAYOR ATTEST: CITY CLERK Approved by C i (y~.~h.f~e ~'s-O f~ceTM Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 11 / 5 / 0 2 Voteforpassage: AYES: Kanner, Lehman, 0'Donne]I, Pfab, Vanderhoef, Wi]burn, Champion. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: Robed Miklo Item: VAC02-0005, 320 E. Benton St. Date: October 3, 2002 GENERAL INFORMATION: Applicant: Kathleen Steve 811 Rider Street Iowa City, IA 52246 Requested Action: Vacation of a portion of Benton St. Purpose: To allow expansion of adjacent parking lot Location: Northern 2' of Benton St. between So. Gilbert St. and Maiden Lane Size: Approximately 346 square feet Existing Land Use and Zoning: CC-2, Community Commercial Surrounding Land Use and Zoning: North: CC-2, Commercial South: C1-1, Commercial and Residential East: C1-1, Residential West: C1-1, Commercial File Date: September 5, 2002 BACKGROUND INFORMATION: Kathleen Steve owns the property located immediately north of E. Benton Street between Gilbert Street and Maiden Lane. In 1990, the property was developed with a two-story building containing commercial uses on the ground floor and four second-story apartments. The property was developed with the maximum square footage of building area and the minimum number of required parking spaces with little green space left to allow future expansion of the parking lot. At the time 19 parking spaces were required for the office, retail and residential uses contained in the building. The applicant now proposes to develop a portion of the first floor with a restaurant. Because the parking requirements for a restaurant are greater than retail or office uses, two additional parking spaces are required. The applicant proposes to reconfigure the parking lot with perpendicular parking to allow the addition of two parking spaces. The property does not contain sufficient depth to allow the proposed perpendicular parking. The applicant therefore has proposed the vacation of two feet of Benton Street. If this portion of Benton Street is vacated and sold to the applicant, it will be possible to reconfigure the parking to provide the 21 required parking spaces. ANALYSIS: Three general criteria determine the advisability of the release of the street or alley right-of-way. A release would be inadvisable if it would interfere with vehicular or pedestrian circulation and interfere with the right of access to private property, or inhibit the access of emergency or utility service vehicles. In this location the Benton Street right-of-way is 80' wide. West of Dubuque Street, Benton functions as an arterial street. East of Dubuque Street, Benton Street functions as a collector street and therefore only 60' of right-of-way are needed. Vacation of the requested 2 feet of Benton Street will not interfere with the circulation of the traffic in this area. The applicant owns all of the property immediately adjacent to the portion of Benton Street that is requested for vacation. Therefore the release of this right-of-way will not prevent access to adjacent propedies. The actual pavement width of the street will not be reduced and therefore emergency access should not be hindered by the proposed vacation. In the future the City may need to make improvements to Gilbert Street where it intersects Benton Street. To assure that adequate right-of-way exists for such improvements and that the City does not have to purchase back portions of the right-of-way to be vacated, the vacated portion of Benton Street should begin at least 25 east of the Gilbert Street right-of-way. The applicants engineering consultant has requested that the vacated portion of the right-of-way begin 60 feet east of Gilbert Street. This will satisfy the City's need. There are no City utilities within the northern 2 feet of Benton Street. Other utility providers including MidAmerican, Quest and Mediacom have been notified and asked to comment on this vacation request. If these companies have utilities within the right-of-way, utility easements may be required or the applicant may need to have the utility lines moved. If the street is vacated and the parking lot reconfigured, the parking spaces will be within 2' of the existing public sidewalk. To assure that there is adequate space between the parking lot and the sidewalk, the vacation should be subject to the applicant maintaining the two feet of vacated right-of-way as landscaped area. This will mean that the last two feet of parking spaces will be landscaped rather than paved and will provide an adequate buffer between the parking spaces and the public sidewalk. Vacation of this portion of Benton Street will provide the property owner with the possibility of more intense and a wider variety of commercial uses for this location. Because the northern 2 feet of Benton Street right-of-way is not necessary for public purposes, staff believes that it is appropriate to vacate it with the condition that the applicant maintain the two feet as a landscaped area. STAFF RECOMMENDATION: Staff recommends that VAC02-0005, a request to vacate the northern 2' of Benton Street beginning 60 east of Gilbert Street and ending at Maiden Lane, be approved subject to the applicant maintaining the two feet of vacated right-of-way as landscaped area and subject to utility easements if necessary. Attachments: 1. Location Map 2. Site Plan 3. Additional Information Provided by Applicant Jeff Davidson, Assistant Director Department of Planning and Community Development R.O.W. VACATION EXHIBIT /q~ ~-~/LOT 4, BLOCK 29,iOwACOUNTYciTY, I0WA SEAT ~ ~ PLAT PREPARED BY: O~ER/SUBDI~DER mff~ MMS CONSULTANTS INC. KATHLEEN A STE~ / ~ ~ IOWA1917 SOUTH GILBERT ST. 320 BENTON ST. ~ ~ CITY, I0WA, ~Za40 ~0WA C~TY, ~0WA S¢g40 ~ LOT 3 LOT 4 [ ~oPos~g ~ow. BETON STREET Additional Information in Reference to Kathleen A. Steve Application for Vacation of Street or Alley Way 1. This ~s a~ application by the property owner to vacate a two-foot wide portion of the public right-of-way known as East Benton Street in Iowa City, said two feet being that portion that immediately abuts the south boundary line of Lot 4, Block 29, County Seat Addition to Iowa City. 2. Attached is a topographic survey plat that shows the location of this property. 3. The purpose of the application is to allow the applicant to purchase the requested portion of East Benton Street as vacated so that the south boundary line of the present tract owned by Kathleen A. Steve (Lot 4, Block 29, County Seat Addition) will be moved two feet to the south, thus extending the parking area that is available to meet the city requirements for parking for the rental building shown on the attached survey. 4. The applicant anticipates that she will be required to move the existing sidewalk now located south of Lot 4 within the East Benton Street right-of-way two feet to the south of its existing location and increasing the width of said sidewalk from four feet to five feet, all at her expense. jan/pal/realestate/steveappl 0CT-~-2002 ~:59 LEFW F~ERT TRPi4 WILL,AN OCT 2 0 2002 ~le~ho~e: (3X9) 336-7551 p&c=imil~; (319) FACSIMILE T~SHZTTAL TOt Mitch Behr 356-5008 FaOM: Phili~ A. Leff PAGES (including cover) 1 ~: Kathleen Steve for a requested e~editlon o~ Kathleen 6teve's approval on exchange agreement and related matters is that ~he is in waiting ~or this m~tter to be resolve~ for several month~. Thanks. Phll ~ ~ ;]JLt -o i rocmlvi~g ~h~ doc~onts ~d return~n~ th~ ~o ~S. Thank you. LEFF, ~U~E~T~ T~W TOT~qI_ p. 01 NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 5th day of November, 2002, at 7:00 p.m. in Emma Harvat Hall of the Civic Center of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a resolution of intent to convey vacated portions of right-of-way along South Front Street, the 100 block of West Prentiss Street, the 100 block of West Harrison Street and the alley between the 100 blocks of West Prentiss and West Harrison Streets to the University of Iowa/State Board of Regents without compensation. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above- mentioned time and place. MARIAN K. KARR, CiTY CLERK sarah\landuse\Ul(CRANDIC) -nph NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 5th of November, 2002, at 7:00 p.m. in Emma J. Harvat Hall at the Civic Center of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution Authorizing Conveyance of the 23-foot wide Grand Avenue Court right-of-way, commencing from the north right-of-way line of Melrose Avenue and extending Northward for a distance of 295 feet, to the University of Iowa. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above- mentioned time and place. MARIAN K. KARR, CITY CLERK PUBLIC HEARING NOTICE 2001-2006 CONSOLIDATED PLAN The City Council will be holding a public hearing on the 2001-2006 Consolidated Plan (a.k.a. CITY STEPS) on November 5, 2002, at 7:00 p.m., Civic Center, Council Chambers, 410 East Washington Street, Iowa City, IA. CITY STEPS is a 5-year plan that is used as a guide for thc allocation of resources £or housing, jobs and services for low- moderate income persons. Copies o£the 2001-2006 CITY STEPS Plan are available for public review at the Iowa City Public Library (123 S. Linn Street) or the Department of Planning and Community Development, Civic Center, 410 E. Washington Street, Iowa City. The public comment period began on October 8, 2002. Additional information is available from the Department of Planning and Community Development, 410 E. Washington Street, Iowa City, Iowa, 52240 or by calling 356-5230. If you are in need of special accommodations please contact Steve Long, Community Development Division at 356-5250 or 356-5493 TDD. City of Iowa City 6 MEMORANDUM DATE: October 29, 2002 TO.' City Council and City Manager FROI4: Steven Nasby, Community and Economic Development Coordinator,,,~l,'~ RE: Annual Review of ]Iowa City's Consolidated Plan At the Council's November 5 meeting there is a public hearing on Iowa City's Consolidated Plan (a.k.a. C~TY STEPS) to accept comments or proposals for plan amendments. To encourage public input we have held three public meetings and solicited comments from the public. Summaries of the comments that were received are attached for your consideration. The majority of the comments pertain to text changes in CITY STEPS that may be incorporated into the document without changing the goals, strategies or priorities of the plan. Tn addition, staff will be working to improve the sections of the plan that addresses Lead Based Paint. The Housing and Community Development Commission (HCDC) met on October 7.7 to solicit public comments and consider recommendations to the City Council. HCDC voted to recommend an amendment to the allocation of funds in cYrY STEPS that would limit the Economic Development Fund to an earmark of 9% of the Community Development Block Grant (CDBG) funds; whereas the C~-Y STEPS plan calculates categorical allocations based on both CDBG and HONE Tnvestment Program monies. This oroz~osed amendment would essentially lower the Economic Development set-aside from 9% to 5% in the CITY STEPS p/an. Using FY03 figures, this proposed amendment would cut the Economic Development set-aside from $159,500 to $91,800. If Council accepts the HCDC recommendation, the public hearing will need to be continued until November 19 and at that time the Council would consider a resolution regarding this amendment to C~-I-Y STEPS. Should Council decide not to accept the proposed amendment the public hearing can be closed without further action. If you have questions or need additional information please contact me at 356-5248. Cc: Housing and Community Development Commission Karin Franklin, Director of Planning and Community Development Attachments C1~TY STEPS PUBLZC f4EETTNG Emma 3. HarVat Hall October 9, 2002 In Attendance: Crissy Canganelli, Karl Dixon (EHP), Candace Peters (STAR/MECCA), Maryann Dennis, Julie Spears (GICHF), Patt Santangelo (faith), Shelli Merls (MH/DD Unit Johnson Co.), Sara Anderson (Mental Health Center), Carol Connor (HACAP), Shelley Sheehy (Housing Consultant), Irvin Pfab (City Council) City Staff Present: Linda Severson, Steve Long, and Tracy Hightshoe Comments Received: · The numbers for persons needing shelter/beds for both individuals and families is much higher that reported on pages 89 & 90. The chart should be amended to reflect updated numbers. · Request was made to breakout beds/persons in need for emergency shelter between general use and victims of domestic abuse. · Comment made regarding the economic development set-aside. Questioned need and if it could be deleted or reduced. · Consensus that there is a need to include a statement in the affordable housing section that states the community needs to maximize private and City contributions to meet the gap between private and federal dollars. CITY STEPS PUBLIC MEETING Broadway Neighborhood Center October 16, 2002 Summary of Comments Received: Organization · Residents would like to see the creation of a neighborhood association directly dealing with issues in the Broadway area. This association could then apply to the City for various needs. Recreation/Programming · Strong consensus for a neighborhood park for children that is nearby. · After school programming and activities for children and students. Consensus that youth activities in the area that do not rely on transportation is a high priority. · Recreation and community center for neighborhood. Possible lease of commercial space at Pepperwood to provide an "indoor or year-round park" or community center. Transportation · Need transportation, strong consensus as a priority as it is a major barrier to self- sufficiency. Many residents work swing shifts, holidays, etc. when bus service is not available. Must rely on expensive taxi service to get to work. Possibility of CDBG funds used to reimburse taxi fares for trips to work or other important services such as medical care, etc. when bus service not available. · Wheels to Work program - increase funding. · Suggested a community car or the possibility of sharing commercial vans such as from NCJC. · Transportation is a barrier to economic development. Businesses need employees who are able to work when public transit is not available. · Some residents are unable to attend Sunday church services, as public transit is not available. Would like to see an area church. · Would like to discuss bus issues with the school district regarding bus behavior and if additional supervision can be provided. Economic Development/Job Assistance · Suggested a Job Fair located at the Broadway Center to increase workplace diversity and provide employment opportunities to area residents. · Need job training skills. Recommend training at the Broadway Center to help with resumes, proper attire for the interview, etc. · Encourage private investment in the area for neighborhood needs such as grocery stores, shops for children, etc. · Post jobs at the Neighborhood Centers. · Increase opportunities for youth employment in the area that does not require transportation. Social Services · Increase funds for direct assistance. · Affordable, safe daycare options for parents who work at night, holidays, etc. · Increase services for mental health issues, especially depression. Offer field trips to different places in conjunction with job training. Comment received that many females who are not employed, receiving assistance become depressed and need assistance ovemoming their depression and help finding ways to improve their lives. Education · Offer programs such as English as a Second Language, High School GED programs etc. nearby so transportation is not an issue. Cultural Sensitivity · Educate area employers/community regarding diversity. · Provide training/mentorship for those new students and parents from large urban areas. · Work with schools to educate teachers/students about cultural diversity. · Discrimination in the workplace still exists and would like to find ways to help eliminate the problem. Housing · Increase opportunities for low-income residents to own a home. · Educate area residents on ways to improve and maintain better credit. · Increase rental opportunities for those in great need. Many in attendance agreed to keep meeting and look into ways to use the ideas presented tonight to formulate an action plan on how to accomplish some of these items. NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 5th of November, 2002, at 7:00 p.m. in Emma J. Harvat Hail at the Civic Center of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution Authorizing Conveyance of 656 South Governor Street to Gary Hughes for $26,000 for demolition of the currently existing structure and construction of a new residential structure. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above- mentioned time and place. MARIAN K. KARR, CITY CLERK NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 5th of November, 2002, at 7:00 p.m. in Emma J. Harvat Hall at the Civic Center of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution Authorizing Conveyance of 707 Walnut Street to Edwin Teagle for $65,000 for rehabilitation of the currently existing structure. Copies of the proposed resoJution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above- mentioned time and place. MARIAN K. KARR, CITY CLERK