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HomeMy WebLinkAbout2003-11-10 TranscriptionNovember 10, 2003 Council Work Session Page 1 November 10, 2003 Council Work Session 6:35 PM Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum Staff: Atkins, Boelk, Dilkes, Fosse, Franklin, Helling, Karr, Knoche, Scott, Shank TAPE: 03-77, SIDE TWO REVIEW ZONING ITEMS Lehman/Karin, you're up. a. PUBLIC HEARING ON AN ORDINANCE VACATING A PORTION OF AN ALLEY LOCATED SOUTH OF KIRKWOOD AVENUE AND WEST OF DIANA STREET. (VAC03-00001) (FIRST CONSIDERATION) Franklin/OK. First item is a public hearing on an ordinance vacating a portion of an alley right-of-way located south of Kirkwood Avenue and west of Diana Street, as shown on the illustration on the screen. This was requested by Lensing Funeral Cremation Services to have this alley vacated. This is an aerial which gives you, I think, a better sense of what's going on here. Currently, there's an alley that comes in off of Diana. What is being requested for vacation is from this point at this property line to the west and then south. At this point, there would be a curve placed on the alley so that any traffic that is generated here in the future could not go out to Diana Street. That was one of the concerns of the residents of Diana. When we look at vacations of the alleys we look at what they serve in terms of access to abutting properties. This alley has never been developed. It does not serve as access to any properties, and so the staff recommendation as well as the recommendation of the Planning and Zoning Commission was to vacate the alley. There may be some questions about disposition, so I'll just deal with those right now. The entire property will be disposed of from this point, which is the south boundary of the Lensing property, north to this point, would be purchased by Lensing Funeral Cremation Services. From this point south, this property owner and this property owner would purchase the entire 20 feet. The alley is currently zoned RS-5. In the long run, what you will probably see is a request from Lensing Funeral Crenation to rezone this portion of the alley to enable them to enlarge their parking lot. And they may also be acquiring some other property in the back of here. I raise that just because those are issues that came up at Planning and Zoning. At this point, all that the Council is being requested to do is to vacate the alley and then on some time, I think December, you've got a public hearing on the disposition. Lehman/OK. O'Donnell/Fine. This represents only a reasonably accurate transcription of the Iowa City Council work session of November 10, 2003. November 10, 2003 Council Work Session Page 2 Franklin/OK? Kanner/So, it would be brought up for rezoning upon conveyance? Franklin/No, we don't have anything before us right now at all. Kanner/Although Council might decide in the future not to rezone. Franklin/Sure. Kanner/And needs, still need to have the property--- Franklin/Right. As well as those property owners to the south. Karmer/To the south. Franklin/Yeah. Mm-hmm. OK? Wilburn/(can't hear) And the curb will be part of the decision, that'll be part of the agreement December when we get that? Franklin/Yes. That's one of the conditions of vacation disposition. Pfab/Kafin, I had an inquiry from the public a couple times. Their concern was does this (can't hear) phase, second egress from that parking lot to Diana Street? Franklin/No, it will be curbed at the easterly boundary of the vacated and acquired portion that's going to be acquired by the Lensings. Pfab/OK. But there's also other real estate activity that is east of that that indicates that the back part of the lot facing Diana Street are being sold off separately from the lot itself. What does that indicate or how does that change (can't hear)? Franklin/It shouldn't change anything. I'm trying to get back to the--OK, you're talking about, there's the potential and this has not been transacted yet. There's the potential for purchase of the back of some of these lots right here. Pfab/Right. So there are other types of sale without the back part? Franklin/OK. Pfab/So somebody is intending the from part and not the--I don't know where the back part is going to be. Franklin/OK. The plan is from the Lensings' perspective is to acquire--this is their east This represents only a reasonably accurate transcription of the Iowa City Council work session of November 10, 2003. November 10, 2003 Council Work Session Page 3 property line--to acquire south along the back of these properties down to this point, to expand their parking lot. They would have to get this zoned to CL-1 in order to do that. And that is not before you yet. This is the first step in the vacation of the alley. As far as traffic onto Diana Street, there is only one way to get to Diana Street and that's via this alley right here. Pfab/Right. Franklin/OK. And that's where the curb is going to be. These other properties that front on Diana are residential or continue to be residential. Pfab/The only concern is where the alley comes off from Diana, goes west and makes the turn and when you move that parking lot up to that alley, potentially, and especially after the lots that face Diana are for sale without back 20, 30, 40 feet, and there's only one potential owner there because otherwise they're going to be landlocked. Franklin/Yeah. Pfab/So, somebody's looking ahead and say, that looks, it would appear that the logical thing would be to do is to have Lensing buy the back part or the west part of those lots and open up a second egress out onto Diana Street, which is a neighborhood. Franklin/No second egress. Kanner/It would have to be rezoned. If he bought that whole property all the way out to Diana Street, it would still be residential and he couldn't exit his parking lot onto there. He couldn't have a parking lot unless the Council rezoned it. So, to get an egress, it would have to be rezoned, I assume. Franklin/Well, and--- Kanner/Council could stop that. Franklin/OK. The idea is that a parking lot for the Funeral Cremation Service would come down as I'm pointing with this arrow, in this general location. Pfab/Right. Franklin/Access would continue to be from the access points on Kirkwood. This is going to be curbed here. These would be residential lots. This is the back, a house in a residential lot, a house in a residential lot, and a house in a residential lot. So, the boundary of the parking lot would be right here with no way to get to Diana Street. This represents only a reasonably accurate transcription of the Iowa City Council work session of November 10, 2003. November 10, 2003 Council Work Session Page 4 Pfab/No, no, it's just--- Franklin/I'm misunderstanding you. Pfab/Just take the alley because--- Franklin/The alley is going to be blockaded right here. Pfab/OK, so then at the--the property that abuts the alley to the south, this was for sale, minus the last, the back 40 or 30 or 40 feet--~ Franklin/Yes. Pfab/... where is that going to go? Is that just going to go there and be a garden or what? Franklin/That would be part of the entire parking lot, if the Lensings buy it and if they get it rezoned. Pfab/OK, so then they're right up against the alley then at that point. Franklin/Yes, but this is going to be blockaded off. That's part of the condition of this vacation is that you cannot go from here through this alley out to Diana Street. You cannot--- Pfab/As of now, but if, so why is that, there must be, somebody must be thinking ahead, if they're going to keep that landlocked piece of ground there, and that's what the neighbors are concerned about. O'Donnell/But that will have to come to us, Irvin. Lehman/It'd have to be rezone& Pfab/Well, by that time it's a push-and-pull thing. They say, well, I got to have a place to get out. Dilkes/No, just a rezoning is not going to accomplish that access. It's going to be a condition of the vacation, that you can't access through there. Pfab/So, my point would be, I would be a lot more interested if there was something in the contract that says under no circumstances does this lead to an egress out onto Diana Street. Franklin/It does. Pfab/Does it say--- This represents only a reasonably accurate transcription of the Iowa City Council work session of November 10, 2003. November 10, 2003 Council Work Session Page 5 Franklin/It does. Pfab/...in the contract? Franklin/It does. That's the condition of the vacation. OK? All set? Vanderhoef/Am I correct then we just do second reading tomorrow night, we don't expedite--- Lehman/Tomorrow night we don't meet--- Vanderhoef/Or tonight, excuse me. Franklin/No, just public heating tonight and--- Karr/There's no reading. Franklin/...on we go. O'Donnell/This is just the public--- Dilkes/This is the first one, Dee. You're talking about the later one. Vanderhoef/Yep, I'm talking--- Franklin/We've got too many alleys going here. Dilkes/It's hard to keep them straight. Franklin/OK. b. PUBLIC HEARING ON AN ORDINANCE AMENDING CITY CODE, TITLE 14, CHAPTER 6, ENTITLED '~ZONING,' ARTICLE B, ENTITLED "ZONING DEFINITIONS," SECTION 2, ENTITLED "DEFINITIONS." (FIRST CONSIDERATION) Franklin/The next item is the public hearing on an ordinance amendment. This is the ordinance amendment that deals with restaurants. And I hope you saw in your packet the memorandum from Karen Howard, the list of business establishments that have been affected by the amendment as well as the letter from Pat Barren relating his experiences with two restaurants downtown. Right now, there are three restaurant definitions. Restaurant, Restaurant Carryout- Delivery, Restaurant Carryout-Drive-Thru. They are distinguished by a percent of seating, which results sometimes in restaurants that do not have drive-thru facilities having to get special exceptions, restaurants that do not have drive-thru facilities being disallowed in the downtown. So, we're trying to resolve that and This represents only a reasonably accurate transcription of the Iowa City Council work session of November 10, 2003. November 10, 2003 Council Work Session Page 6 make it easier for the variety of businesses that we have dealt with over time, and make it easier for them to establish themselves in Iowa City. There would be two types of restaurant. One, the straight-ahead restaurant that's eating and drinking on or off premises. The only distinguishing characteristic would be those that have drive-thrus, and those restaurants would have a different parking requirement. And would be dealt with differently through the Code where we want to have drive-thru and where we don't want to have drive-thru. So, you still could not have a drive-thru restaurant in the downtown. But you could have a restaurant with all kinds of seating or no seating whatsoever. Lehman/OK. O'Donnell/Thank you. c. ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 13,500 SQUARE FEET FROM CENTRAL BUSINESS DISTRICT (CB-2), TO PLANNED HIGH DENSITY RESIDENTIAL (PRM), LOCATED AT 512 S. DUBUQUE STREET SOUTH OF COURT STREET. (REZ03-00021) (FIRST CONSIDERATION) Franklin/Item c is first consideration of the rezoning for 512 South Dubuque Street. We had quite a bit of discussion on that the last time. Any questions on it? d. ORDINANCE VACATING A PORTION OF THE ALLEY LOCATED TO THE EAST OF 512 S. DUBUQUE STREET (VAC03-00002) (SECOND CONSIDERATION) Franklin/Item d then is second consideration of the vacation of the alley behind 512 South Dubuque. Now this we do not want expedited consideration because the public heating on the disposition is set for November 25th. So, if you just give it second consideration, that would be peachy. O'Donnell/Peachy. Lehman/All right. And we like to be peachy. AGENDA ITEMS Lehman/OK, are we to Agenda Items? It seems I've lost--- O'Donnell/Yes, we are. Lehman/Agenda Items. HUMAN RIGHTS ORDINANCE This represents only a reasonably accurate transcription of the Iowa City Council work session o£ November 10, 2003. November 10, 2003 Council Work Session Page 7 Dilkes/Emie, I have just a couple of comments before you start, I need to address (can't hear). First of all, with respect to the amendments to the Human Rights Ordinance, you've got a memo explaining the amendments, you've got the proposed ordinance, and we--to help you out, we gave you a redlined version, which is not the current version. So, we are giving you the new redlined version is in your packet. The ordinance is the same. The memo is correct. Lehman/OK. Dilkes/But the mdlined version, an earlier one got printed off. So--- Champion/ So, we have one in our stufftonight then? Dilkes/Yes, you do. And if you spent any time with the redlined version and memo, you would have known that they didn't, they weren't in sync. Champion/Right. SSMID PETITION Dilkes/And then secondly on your consent calendar is a motion referring the SSMID petition to Planning and Zoning Commission. I don't think there's a--I know that there are conflict issues that have been raised with respect to those of you who have interests in downtown property. I'm not concerned about that with respect to the motion to send it to P and Z because it's a mandatory requirement under the state Code, it's got to go to P and Z before you have any discussion or public hearings about it. Those of you who want my opinion about conflict issues need to give me a call and let me know what your interests are. Lehman/OK. Now we're at agenda items. 4 e (1) CONSIDER A RESOLUTION SUPPORTING THE DEVELOPMENT THROUGH NEW CONSTRUCTION OF FOURTEEN AFFORDABLE HOUSING UNITS AT CATSKILL COURT, WHISPERING MEADOW DRIVE, AND INDIGO COURT IN IOWA CITY THROUGH THE LOW- INCOME HOUSING TAX CREDIT PROGRAM. 4 e (2) CONSIDER A RESOLUTION SUPPORTING THE DEVELOPMENT OF THROUGH ACQUISITION AND REHABILITATION OF THREE AFFORDABLE HOUSING UNITS AT 912 2~D AVENUE IN IOWA CITY, IOWA THROUGH THE LOW-INCOME HOUSING TAX CREDIT PROGRAM. Champion/Emie, I wanted to bring up the resolutions that are in the Consent Calendar--- This represents only a reasonably accurate transcription of the Iowa City Council work session of November 10, 2003. November 10, 2003 Council Work Session Page 8 Lehman/OK. Champion/...that deal with low income housing, a letter of support from the Council. Lehman/e (1)? Champion/e (1) and e (2). Lehman/OK. Champion/My problem was not affordable housing or low-income housing but that it seems to me that we're consolidating all of our low-income housing in certain areas of town, and I don't think it's healthy for the community or the people living there. Lehman/You want to remove those from the--- Champion/I'd like to remove those. Lehman/OK. And we'll deal with those separately then. 4 e (5) CONSIDER A RESOLUTION AUTHORIZING TItE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO TItE RELEASE OF LIENS REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 410 IOWA AVENUE, IOWA CITY, IOWA. 4 e (6) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO TItE RELEASE OF LIENS REGARDING THREE AGREEMENTS, A MORTGAGE, AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 422 IOWA AVENUE, IOWA CITY, IOWA. Wilburn/I also think I'll need to have in the Consent Calendar under Resolutions e (5) and (6) removed. Lehman/OK. Wilburn/For release of lands from property related to Community Development Block Grant. Lehman/OK. Kanner/Emie, I had a point of information. Is that UAY? Wilbum/It's UAY and the (can't hear----Brookfield Markets??) This represents only a reasonably accurate transcription of the Iowa City Council work session of November 10, 2003. November 10, 2003 Council Work Session Page 9 Vanderhoef/Mm-hmm. Karmer/OK. 14. CONSIDER A RESOLUTION ESTABLISHING AN ADMINISTRATIVE FEE FOR PROVIDING SIDEWALK REPAIR BY CONTRACT. Lehman/I have one item, Steve, and I'm sure we're rapidly approaching the time for the meeting to start, but item 14, and I mentioned this to you briefly today establishes an administrative fee for providing sidewalk repair by contract. And the number in there is 10 percent, which I feel it would be best if it were a flat fee rather than a percentage, if we can determine what the cost is for us to do this. Atkins/I don't have a problem with that. Rick, can you imagine a difficulty like, say, a $50 fee? What we have, folks, is that often we'll cite sidewalks and citizens won't bother to get it fixed; we have to go get it fixed. It goes to the expense of putting it all together, and I think it's something that the general taxpayers shouldn't have to pay for. So we're assuming we would put a 10 percent administrative fee. Would a $50 fee, would that work? Fosse/Yeah, I'd want to go through the numbers and back in to the fee so that we get something that's appropriate. We went with a 10 percent so it'd be automatically self-adjusting over the years. We wouldn't need to be back to you to amend a fixed fee, but we can do that. Lehman/Well, Rick, my only concem is if I have a single square in my sidewalk--- Champion/Right. Lehman/...that needs replacing and it costs $100; you're going to give me a $10 bill for doing it for me. Fosse/Yes. Lehman/IfI have a 200 foot sidewalk and it's $2,000. You're going to bill me for $200 when the paperwork should be very similar on both projects. Is that not correct? Fosse/There'll be slightly more inspection but not a lot more. Lehman/Yeah. But the inspection would take place whether you did it for me or I hired it done. Fosse/Right. Lehman/That part doesn't change. This represents only a reasonably accurate transcription of the Iowa City Council work session of November 10, 2003. November 10, 2003 Council Work Session Page 10 Fosse/Mm-hmm. Lehman/The amount that it costs us to do it for a homeowner who does not do it should be very, very similar whether it's one section or 500 feet. Atkins/Would it be acceptable if we did 10 pement up to a maximum of $507 Lehman/I--no, I have a problem with charging $10, which would be the 10 percent for replacing a single square, when the fee probably should be $40 to $50. Dilkes/If you want to do a flat fee, we're going to have to defer it and come back to it. Lehman/Well, anyway--that will come up, I guess--- Fosse/ Yeah, and we're happy to do that, and we've got plenty of time to--- Lehman/ It would seem more fair. O'Donnell/That fee, Emie, would be regardless of the size of the project? Lehman/The cost of the paperwork and the administration for doing it is the same whether we do one square or we do 200 feet, and I don't want someone who's doing 200 feet to be paying $250 for the same amount of effort that we put in for somebody who's paying $10 to replace one square. It doesn't seem quite fair. O'Donnell/Right. Atkins/I think we understand the point. Why don't you just plan to defer this--- Lehman/All right. Atkins/...and we'll bring it back to you at the next meeting then. We'll talk about it again. O'Donnell/So it's deferred until when? Lehman/Well, when it comes up, we need a motion. O'Donnell/That's a good idea. Atkins/We'll all disagree with the mayor. Lehman/Other Agenda Items? This represents only a reasonably accurate transcription of the Iowa City Council work session of November 10, 2003. November 10, 2003 Council Work Session Page 11 Kanner/For the Human Rights Ordinance, I guess I will ask that when it comes up on the agenda later tonight, I have a few questions. Lehman/OK. And I think we probably really need to go to the--and I know we're running a little behind because of the timing--but I think we need to go to the appointments to the Boards and Commissions. Dilkes/If you want to defer the Human Rights Ordinance, we can still get three readings in before the end of the year so that's an option, too. Vanderhoeff I think that's--- Lehman/All right. We'll deal with that when we get to it. Vanderhoef/Do we have the memo from the Police Chief?. Atkins/Yes. I have a memo and I was going to report it verbally. Vanderhoef/OK. Lehman/All right. Kanner/What is it? Atkins/Quickly, the proposal on the sidewalk cafes. I asked the Chief if it had presented any problems, you'll recall, and he had some concerns last time out. He, my memo says that to date the owners of businesses and sidewalk cafe hours have taken responsibility for compliance and I have no difficulty with any. Vanderhoef/That was the reason for the sunset. And I had called and asked for a report from the Chief today. COUNCIL APPOINTMENTS Lehman/OK. On the appointments, Airport Zoning Board of Adjustment, we have no applications. The Animal Care Adoption Center Advisory Board, Marti Horan has withdrawn her application. Do we have consensus on Maryann Dennis? O'Donnell/Yes. Vanderhoeff Yes. Wilbum/Yeah. Lehman/All right. This represents only a reasonably accurate transcription of the Iowa City Council work session of November 10, 2003. November 10, 2003 Council Work Session Page 12 Champion/She's serving on an expired term anyway. O'Donnell/Yeah. Lehman/Right. Karr/Who got--I'm sorry, what was your decision? Champion/Maryann. Kanner/What'd you say, Connie? Champion/She's serving on an expired term. Lehman/The Board of Adjustment there is one applicant, Michael Wright. Vanderhoef/That's fine. O'Donnell/Sounds good. Lehman/Board of Appeals, there's one applicant, Anna Buss. Vanderhoef/That's fine. O'Donnell/She's good. Champion/Currently on there. Vanderhoef/But we still need one more. Lehman/Right. The Historic Preservation Commission, I think there are no aps. The Human Rights Commission, we have three vacancies. There are, what, six applications. Vanderhoef/We have two people who are completing just their first term that have reapplied. Wilburn/The chair and the vice chair. Vanderhoef/Mm-hmm. Champion/Paul Retish. Vanderhoef/Lisa Beckman and Paul Retish, I think we should reappoint them. O'Donnell/I'm fine with that. This represents only a reasonably accurate transcription of the Iowa City Council work session of November 10, 2003. November 10, 2003 Council Work Session Page 13 Kanner/And then I'd like to throw out the name Oliver Belcher. I think he showed a passion for some of these issues when he was talking about a referendum he was trying to bring to the City. I think that he would be a good representative on the Board. Vanderhoef/Well, I kind of liked Geoff Wilming also. I thought he might add a new depth to the Commission. Kanner/Dee, I'm sorry, I'm not--- Champion/You're mumbling. Wilburn/Geoff Wilming is who she was looking. O'Donnell/That's--- (can't hear) O'Donnell/Yeah. Lehman/What's your pleasure, folks? Champion/I think we should go with Paul and Lisa Beckman. Paul because they're on now--- Lehman/OK. I think we have consensus. But we need a third one. Champion/Oh, we need a third one. Vanderhoef/Yes. Lehman/And Oliver Belcher and Geoff Wilming have been suggested. O'Dormell/I'm all right with Geoff. Lehman/Are there three who would support Oliver? Wilburn/Is he the one that used to work at Neighborhood Centers and all the--is that him? Vanderhoef/I don't know. Wilburn/I think so. I would go along with that. Lehman/Oliver? This represents only a reasonably accurate transcription of the Iowa City Council work session of November 10, 2003. November 10, 2003 Council Work Session Page 14 O'Donnell/Or Geoff? Wilburn/Geoff. Lehman/All right. Well, let's do the Oliver first. How many for Oliver? All right, how many for Geoff?. All right, Geoff--is that pronounced Geoff?. Wilburn/I think it is. Vanderhoef/Mm-hmm. Lehman/Parks and Recreation, we have one applicant, Margaret Loomer, who is serving on expired term. O'Donnell/Sounds fine. Champion/She's good. Vanderhoef/Mm-hmm. She's very good. Lehman/Senior Center, there are two vacancies and five applicants. O'Donnell/I nominate Nancy Wombacher. Champion/I'll second her. Lehman/Do we have consensus on Nancy? Vanderhoef/Yes. Kanner/Well, I'd like to endorse Robert Welsh and Elizabeth McKray--Betty McKray-- who served--I worked with both of them when I was over at Senior Dining and they were involved with Senior Dining and the Senior Center. Betty McKray was Senior of Distinction and Senior of the Year a year or two ago. She was previously on our Telecommunications Committee. Bob Welsh, he was one of the founding parents of the Senior Center, and I don't think he's washed up by any means. So I think they bring a vitality to the Commission that would help it. Champion/And I also like Josephine Hensch. I'm not sure I'm pronouncing her last name right. Lehman/Hensch. Champion/Hensch. This represents only a reasonably accurate transcription of the Iowa City Council work session of November 10, 2003. November 10, 2003 Council Work Session Page 15 Lehman/All right, how do we want to do this, folks? Vanderhoef/Well, let's go with Nancy. Lehman/All right, let's go--we have Hensch, Wombacher, Welsh, and McKray. Let's start with Hensch, are there four folks who would support Hensch? I see one, two, three, four, five. So, Hensch is one. Nancy Wombacher? O'Donnell/Yes. Lehman/I see four. Then I guess we've gone as far as we'll go. That does it for vacancies. We are--- Dilkes/One more comment on the Human Rights Ordinance. If you're inclined to defer it can we get nods from you now so that Human Rights coordinator can attend another meeting if we're going to do that? It was cancelled--well, so she can go home. (Laughter) Vanderhoef/As far as I'm concerned, you may go home. O'Donnell/Then we'll defer it. Dilkes/Are there four of you who are interested in deferring? Lehman/All right. It seems that we have enough to defer it. So it will be deferred until the next meeting and you can go home and watch--you have an hour to get home before Monday Night Football. O'Donnell/That's right. (Laughter) Lehman/All right, are we ready to start? This represents only a reasonably accurate transcription of the Iowa City Council work session of November 10, 2003.