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HomeMy WebLinkAbout2004-07-06 Transcription July 6, 2004 Council Work Session Page I July 6, 2004 Council Work Session 6:00 pm Council: Bailey, ChampiDn, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Karr, Dilkes, Davidson, Franklin, McCafferty, Helling, Trueblood, O'Neil TAPES: 04-43, SIDE 2; 04-45, SIDE I PLANNING & ZONING ITEMS 5.3. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR AUGUST 3 ON A RESOLUTION TO AMEND THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION FROM GENERAL COMMERCIAL TO HIGH DENSITY RESIDENTIAL (25+ DWELLING UNITS PER ACRE) FOR APPROXIMATELY 1.34 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF S. GILBERT STREET SOUTH OF RALSTON CREEK. Franklin! Okay, we've got a lot of public hearings to set for August 3cd, so you can rest up until then. The first one is to amend the Comprehensive Plan, to change land use designation from General Commercial to High-Density Residential, on the East side of South Gilbert Street, south of Ralston Creek. 5.b. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR AUGUST 3 ON AN ORDINANCE REZONING APPROXIMATELY 1.34 ACRES FROM COMMUNITY COMMERCIAL (CC-2) ZONE TO HIGH DENSITY MULTIFAMILY RESIDENTIAL (RM-44) ZONE FOR PROPERTY LOCATED AT 520-522 S. GILBERT STREET. (REZ04- 00012) Franklin! The next one is an ordinance to rezone that same property; to go from CC-2 the Commercial Zoning designation, to the High-Density Residential. S.C. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR AUGUST 3 ON AN ORDINANCE REZONING APPROXIMATELY 2.2 ACRES FROM PLANNED DEVELOPMENT HOUSING - HIGH DENSITY RESIDENTIAL, OPDH-12, TO PLANNED DEVELOPMENT HOUSING- MEDIUM DENSITY RESIDENTIAL, OPDH-8, FOR LOT 77 OF WALDEN WOOD PART 6, LOCATED AT THE NORTHERN TERMINUS OF JENSEN STREET. (REZ04-00006) Franklin! Item C is to set a public hearing for the 3cd, on the rezoning of about two acres at the north (can't hear) of Jensen Street, and that is to go from an OPDH-12 to OPDH-8. Elliott! Where is Jensen Street? This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. -- - -".-.----,-, -.----.-----.-.---- -----_.--...-------.--- . July 6, 2004 Council Wark Session Page 2 Franklin! Jensen Street is on the west side, off of Rohret and Paul Drive, back in there. Elliott! Okay. S.d. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR AUGUST 3 ON AN ORDINANCE VACATING THE NORTHERN CUL-DE-SAC RIGHT-OF-WAY OF JENSEN STREET (VAC04-00002). Franklin! Close to....yes, it's kind of what you see across the road that goes in by Fareway, and then Item D is related to Item C in that it is a vacation of the cul-de- sac (can't hear) on Jensen Street to enable the development that is envisioned by the rezoning in Item C. S.e. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR AUGUST 3 ON AN ORDINANCE FOR A REZONING TO AMEND THE PLANNED DEVELOPMENT HOUSING OVERLAY MEDIUM DENSITY MULTI- FAMILY RESIDENTIAL (OPDH-20) PRELIMINARY OPDH PLAN FOR OAKNOLL LOCATED NORTH OF BENTON STREET AND EAST OF GEORGE STREET. (REZ04-0001S) Franklin! E is setting a public hearing again for August 3,d on an amended PDH Plan for Oaknoll. That is relative to the number of units there. The footprint ofthe building is essentially the same as what has been approved previously. S.C. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR AUGUST 3 ON AN ORDINANCE REZONING APPROXIMA TEL Y 7S.2S ACRES FROM INTERIM DEVELOPMENT SINGLE-FAMILY (ID-RS) ZONE TO SENSITIVE AREAS OVERLAY/ LOW DENSITY SINGLE-FAMILY RESIDENTIAL (SAO/RS-S) ZONE FOR PROPERTY LOCATED NORTH OF FOSTER ROAD. (REZ04-00013) Franklin! Item F is setting a public hearing for August 3'd on rezoning 75.25 acres from IDRS to SAORS-5. This is development of the Washington Park property on the north side of Foster Road. It's before you get to the turn where Oakmont Estates and then the Peninsula neighborhood are. So on the north side of Foster. Okay? 5.g. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR AUGUST 3 ON AN ORDINANCE REZONING APPROXIMATELY 1.2 ACRES FROM COMMERCIAL OFFICE (CO-I) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE FOR PROPERTY LOCATED AT 1901 BROADWAY STREET. (REZ04-00016) Franklin! Item G, setting a public hearing for August 3'd from COol to CC-2 for property located at 1901 Broadway. This is the building that was constructed after the fire at Colonial Park Office. They want to have some retail, commercial in there. This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. ..-.. "-n-- . ~. -------.---.,..... _M_..."__.~.___.. .. ._._._.__..---~-+._---_.--._-- July 6, 2004 Council Work Session Page 3 Wilburn! What's the change? What are they looking to change since they started? It looks like the building is almost done. Franklin! Yeah, what they.. .they want to be able to have retail uses on the ground floor, and as it's zoned now it only permits office uses. So, it's just a change in kind of the direction they were going in. Wilburn! That's fine. I was under the impression that's what they were going for in the first place. Maybe I have E.S.P.... Franklin! You know, I think as it went through discussion it evolved a few times and they landed on the CO-I, or leaving it at CO-I, I should say. 5.h. REZONING APPROXIMATELY 35.05 ACRES OF PROPERTY FROM RESEARCH DEVELOPMENT PARK ZONE, RDP, TO OFFICE COMMERCIAL ZONE, CO-I, SUBJECT TO CONDITIONS, FOR PROPERTY ALONG THE EASTERN PORTION OF NORTHGATE DRIVE IN NORTHGATE CORPORATE PARK. (REZ04-00007) Franklin! Item H is Northgate Corporate Park. The Conditional Zoning Agreement is signed by all the parties that need to sign it. That is ready to go, and expedited consideration has been requested, which you can complete at your August 3,d meeting by waiving the second reading, and passing and adopting it August 3,d. 5.i. APPROVING AN AMENDED PLANNED DEVELOPMENT HOUSING PLAN (OPDH-5) PLAN FOR VILLAGE GREEN PART XX. Franklin! Item I is a public hearing on Village Green, Part 20, a PDH-5, and you will see this first as an ordinance to amend the PDH to allow a third garage at various locations, and we have to go through this because the original plan did not envision that within the PDH, so this is one location. They're in a ...... I can see this, sure I can. They're on the ends of the units, like here (showing overhead). They're specifically located - one there, one there. You will also be seeing this as a preliminary plat because the preliminary plat for this has expired. I do want to point out that the staff is supporting this third garage. (several talking at once) Just in case you thought we didn't like garages. (laughter) Vanderhoefl Is it set back? Franklin! Yeah. Just a skosh. Just a skosh. (laughter) Absolutely. 5.j. VACATING 3,400 SQUARE FEET OF ALLEY RIGHT-OF-WAY EAST OF 2ND A VENUE, SOUTH OF A STREET This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. .". - .,._,-- ___.._n_.________----...... __.__,.,.___~_____ July 6, 2004 Council Wark Session Page 4 Franklin! Item J is the vacation of an alley right-of-way which the applicant has decided not to pursue this vacation now, so I don't even think they need to open and close the public hearing, do they? Open and close it? Okay, okay. S.K. CONSIDER AN ORDINANCE REZONING APPROXIMATELY 3.72 ACRES FROM COMMUNITY COMMERCIAL (CC-2) ZONE TO PUBLIC (P) ZONE FOR PROPERTY LOCATED SOUTH OF MALL DRIVE. (REZ04-00010) (SECOND CONSIDERATION) Franklin! K is the rezoning ftom CC-2 to P for the Alternative School on Mall Drive, second consideration. Wilburn! Is there any reason we can't expedite that? Franklin! No, please, since it's under construction. Wilburn! That's what I figured. Franklin! Details. 5.1. CONSIDER AN ORDINANCE REZONING APPROXIMATELY 10 ACRES FROM INTERIM DEVELOPMENT MULTIFAMILY/HISTORIC PRESERVATION OVERLAY (ID-RM/OHP) ZONE TO INTERIM DEVELOPMENT SINGLE FAMILYIHISTORIC PRESERVATION OVERLAY (ID-RS/OHP) ZONE FOR PROPERTY LOCATED AT 2460 S. GILBERT STREET. (SECOND CONSIDERATION) Franklin! L is second consideration of the rezoning of the McCalloster Estate on Gilbert Street, or Sand Road. Second consideration... Lehmani There is no reason that couldn't be expedited, is there? Franklin! Right. It's up to you. It can clear up your agenda some. Lehman! Right. Franklin! Especially because you have so many public hearings at the next meeting. S.m. CONSIDER AN ORDINANCE AMENDING THE ZONING CODE, SECTION 14-6J-2, TO ALLOW CONSIDERATION OF REDUCTION OF LOCAL PUBLIC STREETS IN A PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH) ZONES. (SECOND CONSIDERATION) Franklin! And then Item M is likewise a second consideration on the amendment to the ordinance to allow us to diminish the street width in planned developments. And I'm done. This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. July 6, 2004 Council Wark Session Page 5 Lehman! All right. I think you're not done because I think the next item...if you would like to speak to that. HISTORIC PRESERVATION - NRHP NOMINATIONS/NORTHSIDE Franklin! Oh, right. Okay, there is a memorandum in your packet relative to the National Register Historic Places designation, the District designation. That memorandum outlines the process that this goes through, and what the Historic District designation means for the properties that are included. There is no regulatory mechanism under this National Historic designation. It is a tax incentive for commercial and rental properties, ifthey so choose to use it. That is the sum and substance of what National Register designation means. As I indicated in the memorandum, we did not do the best job on notification. That will not happen again. We will be sending out specific letters for the specific item, directly to the property owners. I also suggested in that memorandum that a way to maybe address some of these concerns at the very beginning of the whole process, and understand what we're working from is the adopted Preservation Plan, and going from there and proceeding through areas that are identified on that Preservation Plan. But that's very general. So that. ..what I'm suggesting is that now Historic Preservation Commission will have an additional public meeting, so there'll be three public meetings, that would revolve around these issues. The first one would be before the request comes to the City Council for a grant application to the State to actually do the nomination, because typically we do go to the State for financial assistance with doing these nominations. That way, at the very beginning, there would be discussion with property owners about the whole district. Vanderhoef! Could that public hearing be held at the City, rather than another special time because... Franklin! What do you mean? Vanderhoef! Well, the Council. . . Franklin! At Council? Vanderhoef! Uh-huh, because when you bring us the grant, I truly didn't understand that when we applied for the grant we were already setting a district. I thought that was to study it and be sure what could go into a district. Franklin! Uh-huh, I understand. Vanderhoef! So ifthere's a public hearing at Council level, then we would hear the discussion up front, before we approve a grant. This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. '-,r ._.. -- ..-.......--.. -.--..-.-..------.--. July 6, 2004 Council Wark Session Page 6 Franklin! That would be entirely up to the Council. I mean, there's no requirement for the public hearing, and so it's at your discretion as to how you want to set it up. I mean, your Historic Preservation Commission is the group that would be dealing with the detail of that before it gets to you, and what I was suggesting having it go through the Commission is that they have that hearing. They hear from all of the people in the area, but if you want to have that before you have the grant application, before the City Council, that's at your discretion. Vanderhoef/ Well my thinking is that a letter saying there will be a public hearing at the Council meeting gets people's... Franklin! ... attention more. Vanderhoefi' .. . attention to come, listen to the discussion, have Historic Preservation make a presentation to us and to the community at that time, so it's.. ..gets repeated, and everyone gets some notification. Champion! Except.. .it would be.. .there would be better notification because in the memo the property owner will be sent a letter, so they'll be well aware of the Historic Preservation public hearing. Isn't that correct? Franklin! Yes. Champion! And I don't think we need to have that public hearing here. We always have public input when it comes to us to approve. I don't think we need to be part of the public hearings of the Historic Preservation Commission. Lehman! Is there a public hearing that is required prior to the City designating an Historic District for the City? Franklin! Dh absolutely. That's a totally different process. Lehman! I know, I'm well aware of that, but... Franklin! There are three in fact. Lehman! Right, but for a lot of folks, this is the first step in a process. The second step being the City designating it. Franklin! I think that's the substance of the concern here is not so much the National Historic District designation, but that it is a precursor to a local historic district designation, which is what people are attaid of. Lehman! Now, the local designation can be configured as Council would chose to configure it? This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. H"""Ir.. ,...-- "--_..,-_..,..~-'- "--.~.. _"_'__.,.___.__."._....,.__~_~__ ...'.__._n. July 6, 2004 Council Work Session Page 7 Franklin! Uh-huh. Lehman! Including or excluding whichever properties we would chose to include or exclude? Franklin! Now you could not include something that was not historic. Lehman! No, I'm sorry, I misquoted... Franklin! .. .but if you decided for political reasons.. .let me give you a case in point, and this actually was a Conservation District, I think, rather than Historic District. I gotta see who's here. There they are, the experts. On College Hill, which I believe was a Conservation District, the original proposal before the Historic Preservation Commission included a commercial area right out here on Washington Street. When they had their public hearings, the owners ofthose properties came before them and objected strenuously to being included in that Conservation District. The Historic Preservation Commission at that point decided okay, let's just carve them out ofthis then and we will just have it for the residential properties. Now with the National Historic District, that doesn't make a whole lot of sense because the National District designation is about tax incentives for commercial properties, and rental properties, but commercial properties are the essence of it. So, it's very important to keep these two different designations separate in your minds, and how we go through the whole thing too. Champion! And there are no restrictions, Karin, on National, you know the National Registry, the restrictions come and they put it on the cities? Franklin! No, no, correct. Champion! Oh great. Lehman! Now, if! understand this correctly, there are no encumbrances whatsoever on those properties that are designated nationally? Franklin! That's correct. Lehmani But there are, there are potential benefits if they chose to do something in maintaining the historic character ofthe property in terms oftax incentives or whatever, but there are no encumbrances on the property. We would do that if we went to the next step and included all of those properties. Franklin! Correct. Champion! But we could exclude them. Lehman! Right. This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. ---.,.- - --.--.---.. .~._~.. _.~._...- --.-. ...-....---. _.~----------- July 6, 2004 Council Work Session Page 8 Franklin! Yes, you could. Elliott! I have...I have two concerns. One is the process, as Karin outlined in the memo, I think the process you outlined for the future is something that looks good. It would.. .before anything is so designated or so nominated, it would come before the Council. Is that correct? Franklin! Now... what I suggested was that there be a public hearing at the Historic Preservation Commission level before the resolution supporting the grant application ever came to the Council. Dee is suggesting that that hearing take place at the Council level. I don't care. I mean, it was just the notion of having it prior to your authorizing the grant application, so everybody was clear on what it was we were talking about and the property owners had full knowledge of what was being discussed. Elliott! Just my concern would be, before it is cut and dried as to what is included, what areas are included and what are not, that it would come to the Council at a time when the Council would have the prerogative to approve or to recommend some portion of it be eliminated. Franklin! Uh-huh. Champion! We would have that chance if it, if they bring it to us, the next step would be to put it on the City's designated Historic Preservation. We would have that ability to ask them to delete part of... Elliott! Right, right. Franklin! Yes, and understand that with that local district designation, it goes through Historic Preservation Commission at least one public meeting, if not more. It goes through the Planning and Zoning Commission with a public hearing, and it goes through City Council with a public hearing. Elliott! My second concern is what is on the table at the present time, and a situation that was, a process that was flawed, and obviously trom the minutes that I've read, every part of any National Registry designation in Iowa City, did eventually become an Historic Preservation District. That's what I read in the minutes. Franklin! Okay, yes, at this time, that's true. Elliott/ And I would like for the commercial properties that are not interested in being a part of the National Register designation, to be eliminated. If that appendage can be eliminated, then let's do it. Ifit can't, then the whole process needs to come back and start over. This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. July 6, 2004 Council Work Session Page 9 Franklin! You have the ability to make that recommendation to the State, and they have the prerogative to respectfully send it on as is. There is some question that if we do that, whether we have to refund the money to the State for the grant that we received. That would be $3,640. Champion! I mean, I understand where you're coming trom on that, but I don't think we have a problem until the City wants it designated. Elliott! We have a problem because we're dealing with people's rights oftheir own property. We have spent, it must have been a half a dozen Council meetings, listening to people very carefully about the rights for tree speech, and the freedom to assemble, and we're now talking about people's rights to their property, and the reasons for that, to me, the reasons why they might be opposed to it, you might not agree, but I think that's irrelevant. It is their property. Bailey/ But there are no encwnbrances, right? Franklin! No, no. Bailey/ I mean, they could knock down their property ifthey're on the National, I mean in this current designation. It's when the City or if the City would chose to include, and there's where we would exclude them from the designation. Franklin! Correct. Bailey/ It's a commercial tax benefit if they would chose to improve their property in a historically appropriate manner? Franklin! If they would chose to take advantage of the tax incentives. They can improve or they can change their property... Bailey/ ...in any way they chose... Franklin! .. .in any way they chose, under the laws of Iowa City, the zoning and all of that, we won't talk about that part, and they don't have to go for those tax incentives. It would have nothing to do with the National Register. So they could chose to amend their property whatever way they wanted to, and go ahead and do it, and not be affected by this designation whatsoever. It's only if they want the tax incentive, then they must do it under the guidelines of the Secretary of Interior, or if they're using Federal funds to do it. Wilburn! Karin, is there a deadline or is there a period where they must apply for the credits, or is this just set aside for.. .so my concern would be, by not including it, should someone in the future wish to make some changes and they would be.. .you know, I wouldn't want to cut off some potential support for someone. This represents only a reasDnably accurate transcription Df Iowa City Council special work sessiDn July 6, 2004. .--w-- --. ~-"""'-'~T" ,---.- -,.-.-...----.---.--."- ---.-..--- July 6, 2004 Council Wark Session Page 10 Franklin! Yeah, I say there's not a limit --- there is a limit to the amount of tax credits, and for instance, at the State level now, those tax credits are encumbered to the year 2015. So, in a way, yeah. Wilburn! I got ya, I got ya. Bailey! So in your talking to citizens who are concerned about this, do you have a sense that they are concerned about the National, or what they see as the eventual designation as a City? Franklin! The latter. Lehman! All right, Karin...I have.. .could the City fOnTIally request that certain properties be eliminated from that designation? Franklin! You could request that. The State is very unlikely to honor that request, because the decision-making about National Historic districts is based on historical fact, not political inclinations. So the one thing that I'm not really sure about is what the consequence might be in tenTIS of paying back the money for the grant, or in any further certified local government requests that we make to (can't hear), I don't know. Champion! Well we all know what part ofthis district we're going to have problems with, and I certainly think that the Historic Preservation Commission is also well aware ofthose particular structures that do not wish to be encumbered by the designation of Historic Preservation. So I have no problems with the National designation. I think if the Historic Preservation Commission comes to us with the designation for the City, then I think we need to look very closely at what areas they are including in it. Ifpeople object and it's easy to lop them off, I think we should. Lehmani And that would also require a public hearing. Champion! Yes. O'Donne11l Can that be done though? Franklin! Yes. Bailey! When we do it locally. Lehman! When we do it, right, we draw our own lines. O'Donnell! When we do it locally, so our local designation could be different than the State one? This represents only a reasonably accurate transcriptiDn of Iowa City Council special work session July 6, 2004. .". -- -"."."-"".'..- ,,__ü__...___.._.__..,. July 6, 2004 Council Work Session Page II Franklin! Absolutely. Elliott! But the thing to remember, that has never before been the case. And these people who oppose this, and I think their reasons for opposition are irrelevant, it is their property, and what they see is the nomination being made in spite oftheir objections, and realizing that every other National Registry nomination that has been approved, has become a National Historic Preservation district. And they don't want it, and I think that we're talking about rights of property. Vanderhoetl Karin, since we had a flawed notification... Champion! We think it's flawed. O'Donnell! Well it was. Vanderhoef! Well, I think it's flawed. Champion! Yeah, we do think it's flawed. Vanderhoef! So these folks didn't get the message prior to the study to even know they were being included in this. Is that correct? Franklin! From what they have said. I don't know. Vanderhoetl Okay, so what I'm thinking, in the process situation, if you didn't know, didn't receive the word, and we applied for the grant. Then, they still didn't understand what was happening to them, therefore, they didn't object until it finally hit them in the face. Franklin! They were notified by the State. Vanderhoef! Right, so what I'm thinking is since it was a flawed process, and if those people had come forward and said I don't want to be on, but we had already accepted the grant, why couldn't they have been loped off? Franklin! Well, first of all, they're coming forward, sorry Bob, but they're coming forward and saying they don't want to be part of a Historic District. If the historic facts support the district, it may not make a difference. Particularly if you have already received the grant from the State that you are going to do a National Register nomination, because the nomination is based on historic fact. Vanderhoef! That I understand. Franklin! And so, I think this whole notice thing is a little bit tangential, and I'm not diminishing the fact that we used a process that was not the best, but two pieces of mail were sent to each property owner, and they chose to throw them away and This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. -~ ~~ July 6, 2004 Council Wark Session Page 12 not reading them, and not being notified, but that aside, the substance here is what we have talked about, which is the fear of a local historic district nomination. With the National Districts, they have to be supported by fact, and it is the facts, the historic facts, which define those districts. Not who owns the property. Now you may then decide as a Council that because you don't have the control you might want to have, that you don't support the Historic District nominations, at the N ationallevel, and you could not pursue these grants, but that also means that you have taken away the tax incentive option to all of the property owners in that area. Lehman! I have a question. Who sets the parameters for the area? In other words, when we apply for this designation, did we outline the area to be considered, to the State? Franklin! Yes, in a general fashion, and that is set by our Preservation Plan, and then the Secretary ofInterior's guidelines, and Shelley help me here ifI say anything wrong, just jump up and whatever. Okay, so it's generally set when we make application, and then we hire a consultant. An architectural historian who actually does the leg work that is necessary for the nomination, and that's delving into the very specific history of the area, the very specific history ofthe individual buildings, detennining what's a key structure, what's a contributing structure, and what's a non-contributing structure. Lehman! But do they study only the structures in the area that we have given them to consider? In other words, we take a map and we draw around these blocks, and this is the area we would like designated. Are those the only ones they look at? Franklin! I'm sure they look at the edges, because their job is to make sure that they are identifying a district that has integrity, and some of that work was done for the Preservation Plan. Lehman! Would they go outside our boundaries? McCafferty/ One step here that's missing is that from I believe 1992 or 96, up to 2000, there were four studies, evaluations, of all the properties in the north side. Each property was researched, not to the depth that it is for the National Register but generally that entire area was looked at property by property over a period of 4 to 6 years, something like that, and from that those rough boundaries are drawn, and then once we get to the National Register step, those properties in the vicinity that's been detennined eligible, are looked at on yet a closer level. So it's a multi· step process to detennine where the exact boundaries should be. Lehman! Okay, I think we're... This represents only a reasDnably accurate transcription DfIowa City Council special work sessiDn July 6, 2004. July 6, 2004 Council Wark Session Page 13 Franklin! Well yeah you could go outside the boundary if you found that there was a historic connection to something that was just outside your boundary, and then redraw it. Lehman! Yeah, that's my question. Ifwe have this area, this square, and the State looks at it and says yeah we like that square, or we don't, but we have eliminated twelve properties that are adjacent and we will include them. Can they include them, at that point? Franklin! The State is not going to do that level of investigation. That's why we get the grant to hire a consultant, an architectural historian, to do that level of investigation. Lehmani So, what they get is the application from us that includes the properties that we have detennined to have historic significance. Franklin! Yes. Lehman! Ifwe leave properties out that have historic significance, that's well and good. They're still going to look at the ones that we designate to them, the area? Franklin! Yes, yes. Lehmani Okay, so we did in fact include the properties of those folks who are objecting. Had we not included those properties, the State wouldn't have made that designation. Franklin! Probably not. Lehmani Probably not, okay. Franklin! I'm sure if they saw something glaring, they would question it, but... Elliott! I think one thing that needs to be said, and I have spoken more against this probably than anyone else, this should not be construed as being against Historic Preservation. I have seen what it has done, places like Summit Street and the Northside. I think it is terrific, and I think if done differently, this might have been met with general agreement, but it wasn't. It was, in my estimation, flawed, and therefore whatever it takes to get those commercial properties out, should be done. That would be my thought. Champion! Well, I am going to support the National designation because I don't want to jeopardize that whole district, but I agree with you, when it comes to us for approval for a City designation, I'm certainly not going to approve it as it stands now. This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. July 6, 2004 Council Work Session Page 14 O'Donnell! Well, you may not, but the next Conncil may. That's the point. Champion! They'd better hurry up and get it done then. (laughter) O'Donnell! You said these designated areas are supported by fact. . . Franklin! Yes. O'DonnelV At that State level. Franklin! Yes, by...the research that the State supports with their granting to us. That's why we hire a consultant who is an architectural historian. It's a person who has expertise in that area of doing nominations and knowing what it is that you look for, for a Historic District nomination. O'Donnelll So why not would those same facts apply when we do it at the City level? Franklin! Because you have the ability at the City level, under local control, to be political. O'Donnell! You know, this Council has been, I think, very friendly for historic areas, but I agree with Bob in this case that there was not proper notification there. Those who do not want to be in a historic district did not have an opportunity to go out and lobby their case with others in the area, so I'm going to go with Bob on this. Franklin! I got two. Lehmani Let me ask, is it possible to inquire from the State, and ask if specific properties can be deleted? Franklin! We have made that inquiry. We've made that inquiry. Lehman! We have? And we were told...? Franklin! That they are under no obligation to change the district. Lehman! There is no obligation? Does that mean, is that a no? Franklin! You spoke with them Shelley (McCafferty speaking away from mic). It'll proceed to the National Park Service. Lehman! So then...in order to accomplish what Bob has suggested, it would seem that we would have to nullify the entire process. Start over at ground one, ground zero. Franklin! Yes, and pay back the State. This represents only a reasonably accurate transcription oflowa City Council special work session July 6, 2004. July 6, 2004 CDuncil Work Session Page 15 Dilkesl It sounds to me that there's a question as to whether we can even do that, nullify the process at this point. Because it's already into the Federal system, and...J think Shelley is nodding yes. Vanderhoefl It's going to the Federal system. We've got 60 days in here before the State sends it on. McCaffertyl Right, at this point it's already gone through the State review. The State has approved it. They're holding it offfor 60 days for, to give property owners an opportunity to comment. It will then proceed to the F eds, the National Park Service, after this review period is complete. The only way that it could potentially be halted right now is if before it is reviewed by the National Park Service, 50% plus one property owners protest. Lehman! Is that the reason fort his period, this 60-day period, for those to .. ..then what's the purpose ofthe 60-day period? Franklin! You requested it. Lehman! Oh. Franklin! The Council requested it. Vanderhoefl No, I thought that was in the process, when you read through the application and so forth, that there's always a 60-day. Lehman! I don't think at this point that (can't hear). Dilkesl As I read the communications from the State, they are now bound by Federal regulations as to how they deal with these applications, and those regulations say thou shalt forward to the National Park Service, or whatever, and that there's not a whole...I mean, we don't have any authority to intervene at this point. That's how I interpret their communications. Franklin! Without the protest? Dilkesl Without. Franklin! And the 50% plus one, we've got 6, 7 property owners, and 103 properties. O'Donnell/ But those 7 are commercial? Franklin! Yeah, which is what the tax credits are about is commercial. Lehman! Right, but... This represents only a reasonably accurate transcription DfIowa City Council special wDrk sessiDn July 6, 2004. -.~ - ~.....- - -.'.. .._....,-,_. t --. "-"~-" --..---.---......- - _____._.n + July 6, 2004 Council Work Session Page 16 O'Donnell! Yeah, but there's only the separate the residential from commercial when we do this, is consider the property? Franklin! No, no there's not. Lehman! However, in the Conservation District you referred to earlier, commercial was taken out. Franklin! That's local. Lehman! No, no, I realize that, so I mean that would be at the discretion of Council. Now while I really think the notification we sent was probably less than what we probably should have, and I think you addressed it very well in your memo, and obviously it's not my property. I understand some of those folks are very distraught at being nominated and designated without having any input, which obviously will not occur in the future if we do the notification in the manner you suggested. Franklin! Not necessarily. Lehman! Notification. Franklin! We will send the notification. Whether they read it and chose to respond is something else. Lehman! Yeah, I know, but that certainly is.. ..First Class letter is a much better notification than a newsletter. Franklin! Yes, agreed. Lehman! It seems that as much as they object to it, and I certainly understand, that in this case, it seems that there's little at this point, the City can do. Now I do think there is also no hann, no foul. I don't see, it seems to me that the benefits that would go to these properties, and there do not seem to be any encumbrances of any kind, and I think philosophically I don't disagree with you, Bob. I don't see any hann that's caused to anyone. I think it's very important when this comes up, if this comes up, for local. . . Franklin! It's not on the agenda of Historic Preservation Commission right now. I'll tell you that. Lehman! No, no, if and when it comes to the City for local designation, that that is the time these would be, if those owners of those properties still feel that they do not want to be included, that's the time to exclude them. This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. July 6, 2004 Council Work Session Page 17 Elliott/ I would still like for the City to do...it mayor may not carry any weight, but Eleanor is right. Everything I've read, it's the 50% plus one that is the only thing that will move them, but to say that there's no harm, no foul, how many times has someone from the government come and said I'm here to help you? It has happened before. Every single time it's gone on to Historic Preservation, and I'm certainly not opposed to that, but I'm opposed to treating someone else's property as though it belonged to the City. Lehman! Well I think in that case that Karin referred to in the Conservation District, which is very similar, commercial properties were excluded. Elliott! No, I feel confident that it's going to work well in the future. I just think it is not right, and for whatever reasons, I would like to see it... there may not be enough support, but that's what I would like to see. Lehmani What's Council's pleasure? Vanderhoef/ I would still send the letter, but I don't think it's going to do us any good. Elliott! You know where I stand.. Lehmani Well, I mean, is that. . . Atkins/ Ernie? Eleanor, they can't vote on this. The most we can get is a consensus tonight, is that correct? Lehmani Right, but we could direct staff to send a letter to the State, specifically requesting that those, what are there, seven properties? Franklin! Seven properties. Lehmani That those seven properties be removed, if possible, is the wishes of the City Council that those be removed. Bailey/ I would not be inclined in that direction. I'm sorry, but I don't think the process was good at all, and I'm not even sure that this process is the best process. I believe in a little bit more hand-holding when it comes to notification, but I kind of do agree with you, no harm, no foul. It's a benefit to these commercial owners, even if they don't.... Wilburn! Or future owners. Bailey/ .. . future owners, even if they don't see it as such. It's no encumbrance, and the process stunk, and we all admit that, so I would move it forward. Ifthere seems very little that we can do to stop it anyway, it's like standing in front of a train at this point, and I'm not much for standing in front of the train. This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. .~ ...... ...- .- .- .~....,_._._..,...--.----- ----. ~ July 6, 2004 CouDcil Work Session Page 18 Lehman! All right, the train is moving folks. What shall we do? O'Donnell/ Well, since the process was wrong, I would like to send a letter and have the properties removed. Champion! You know where I'm coming from. I would just leave it alone. Wilbum! I'm not interested in the letter. Lehman! Dee? Vanderhoef/ I've already said I'd send a letter. Elliott! Down to you. Merry Christmas. Lehman! I tend to think there is no harm, no foul. I think that we certainly didn't do it the way we should have done it. I see benefits rather than encumbrances. We learned something. Franklin! Could we have direction on the public hearing that you want to include in the process in the future? Is it before the Commission, or before the Council? Champion! I say before the Commission. Bailey/ That's their job. O'Donnell! Oh I would like to know before it goes to the State for designation. Franklin! You definitely will. You always do because you will have a resolution. (several talking at once) Vanderhoef/ I want to know before we apply for the grant. Bailey/ Well we do, don't we? Vanderhoef/ No, that's where, that's the problem. That's why I would like to have a public hearing here, before or at the time, that we are applying for the grant. We had no notification what those areas were and yes it's in a Plan, but I'm sorry, the Plan has never been brought back to us at the time a grant was being applied for. Somehow Council has to know what's happening at this point, before we approve a grant. Dilkes/ It sounds to me like, I don't know if applications have been included in the Consent Calendar or if they've just been on the regular agenda, but there hasn't been much attention brought to them, it sounds to me, and so we can take the This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. July 6, 2004 Council Work Session Page 19 direction to, you know, do a memo, giving you the background, making a bigger issue of the grant application so you're more infonned about that stuff before you make the decision. And that, I think, would accomplish what you're trying to do. Vanderhoef/ What I'm trying to dO...it may be, Eleanor, that that would do it, but having those maps out with the Council packets, certainly the people who read it on line and so forth, or are curious about it... Franklin! What about this....we'll do the hearings with the Historic Preservation Commission. What they have concluded, that would go in the application then, we'll have the resolution with it, a memo explaining the process we've gone through and what has been said, and a map showing you what the district is being suggested. Lehman! So the public hearing will be held on the district that's being suggested, with the boundaries, and a public hearing will have been held. We will have that infonnation before we vote on the application? All right. I don't have a problem with that. Elliott! And we're talking about for future nominations. And it will come before the Counci I before the nomination is submitted, is that correct? Franklin! It always does. Dilkes/ It has, Bob. The grant application was approved by the Council. There just wasn't much discussion about it. Elliott! So ifthere was a screw-up, we were a part ofthat? Champion! Yeah, we were. O'Donnell! Absolutely. We didn't know what was. Lehman! All right, thank you, Karin. Elliott/ Well I certainly apologize. Lehmani I don't think you were on the Council at the time. Wilburn! . ..that map may change, based upon what the State does with it, so... Lehman! Well except I think Karin said they do take whatever parameters we give them, is what they look at. Bailey/ But if there was something adjacent or very close, it seems they might.. .that's what she said, they might look at adjoining properties. This represents only a reasonably accurate transcription of IDwa City CDUllcil special work session July 6, 2004. .~ -- --- .......- "-~"--------~----'-- -~ July 6, 2004 Council Work Session Page 20 Franklin! There are also two other public hearings. The ones that we didn't send the right kind of notice on. From the time, the consultant's hired after we get the grant. The consultant then has a meeting with the property owners. Then does the research work. Then has another meeting with the property owners before the Historic Preservation Commission endorses the nomination as it goes to the State. Then the Mayor, on behalf of the Council, signs a sheet that says that the Council endorses it, and there is also a third objective architectural historian who is not the consultant that signs this little fonn that goes to the State. So there's lots of time. Lehman! Okay. Champion! Okay, it's your fault, Ernie. (laughter) Lehman! I know. I knew we would finally get to this. (laughter) Elliott! I think we tried, and at the very least an apology needs to go to the people involved who wish they weren't involved, and they need to know that in the future this certainly will be done much, much more appropriately. Champion! I think that's fine. Lehman! Steve, I think we could draft a letter indicating to those folks where we are, what's happened, and what we intend to do to see it doesn't happen again. Atkins/ Okay. AIRPORT REFERENDUM Lehman! Okay. Airport referendum is the next item. We received in our packets a memo from Steve Atkins that probably all of us have read. What is your pleasure? The reason this is on the agenda is that should the Council chose to place the jurisdiction of the airport on the November election, that decision must be made no later than the first meeting in August, and we need to decide tonight if we want that to be an agenda item. Not that we decide tonight that we're going or not going to do it. Ifit is not on the agenda in August, it will not be on the November election. If it is on the agenda for August, we can vote it up or down. Elliott! I think it needs to be on the agenda for discussion. (majority agree) Lehman! All right, that's done. Agenda items. AGENDA ITEMS This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. ..". -_. . - ~-".. "--. - "---" "'----'_._-----~--'- ..,~. July 6, 2004 Council Wark Session Page 21 Atkins/ I have Jeff here to explain grants to you, if you're interested, and Terry I think has another commitment this evening so he's here for baseball, Mercer Park, and Benton Hill Park. So if you need to know anything... 6. APPROVING PLANS, SPECIFICATIONS FORM OF CONTRACT AND ESTIMATE OF COST FOR INSTALLING A NEW LIGHTING SYSTEM ON MERCER PARK BASEBALL DIAMOND #1, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Vanderhoef/ Just curious about the baseball lights I understand are being changed. Did I hear something about that the fences also have to be moved? Trueblood! Yeah, there'll be several changes out there. What we've done in the interim is increase the height of the fence, and the reason we didn't push it back right away is there's some fill that needs to come in outside the outfield fence, and that's being worked on now, and then as soon as that's done, the 6-foot expansion that we put on top ofthe old fence will be moved back to be the new outfield fence. There's also some work on dugouts, batting cages, bull pens, several other items, but the main thing are the lights. Vanderhoef/ Is this a shared cost? I saw the memo that said something about the school district paying for the lights. Trueblood! No, it's not a shared cost. School district is paying for all of it. Vanderhoef/ For all of it, okay. Trueblood/ We're doing quite a bit of work, you know, for example, we're putting this project out to bid. We put the specifications together, that kind of thing, but all the direct costs will be reimbursed by the school district. (several say thank you) 10. CONSIDER A RESOLUTION AUTHORIZING THE APPLICATION FOR TRAFFIC SAFETY IMPROVEMENT GRANT FUNDS FROM THE IOWA DEPARTMENT OF TRANSPORTATION FOR AN INTERSECTION IMPROVEMENT PROJECT AT THE INTERSECTION OF GILBERT STREET AND PRENTISS STREET AND BOWERY STREET. 11. CONSIDER A RESOLUTION AUTHORIZING THE APPLICATION FOR TRAFFIC SAFETY IMPROVEMENT GRANT FUNDS FROM THE IOWA DEPARTMENT OF TRANSPORTATION FOR AN INTERSECTION IMPROVEMENT PROJECT AT THE INTERSECTION OF U.S. HIGHWAY 6 AND SCOTT BLVD. Lehmani I think we all know what you said in your memo, but if you'd just like to.. ..there's two items in the packet that aren't in the CIP or whatever, but I think your explanation was clear, but if you'd like to do it again. This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. July 6, 2004 Council Work Session Page 22 Davidson! I'm mainly here to answer questions. We've got two locations out in the city where we're going to give it a shot and see if we can come up with any traffic safety money. It's been a program we've been able to access in the past, and been successful at. So these are both currently projects in your unfunded list in the CIP, so they're in the CIP but they're not funded. They're not in any program year. I assume if we are able to procure some funds for the improvements, that that might be some incentive to put them in a funded year. So, we'll know late this calendar year or the next one. We're competing with everyone else in the state, but it is a program specifically for reducing the crash rate where you have a relatively high crash rate, so we thought we'd give it a shot. Vanderhoef/ The Scott and Highway 6 intersection, we know that we have some requests to make that 4·lane all the way out there. Would this need to wait until that happened, or.. . ? Davidson! No, it would basically be put into that project. I think most of you are aware that we are in the process of developing a project with Iowa DOT. Highway 6 is obviously under the State's jurisdiction. From the Lakeside intersection to where it narrows from four lanes to two, from that point out actually through 420th Street, which is kind of the second entrance into Scott 6, we're trying to put something together with the state for that whole corridor, and I think it will be something very financially advantageous to the City, but we're just in the process of developing it. The state always appreciates it when we go after sort of supplemental funding sources like this when we have an opportunity to do so. Lehman! Thank you. Any other agenda items? COUNCIL SCHEDULING Marian, Council scheduling. I skipped Council time intentionally because we're running a little late. We may get back to that. Karr/ Basically there were a number of issues. The first and foremost is just to point out the, your joint meeting with Coralville and the other jurisdictions, which has been rescheduled, 4:00 pm on the 21 st. Atkins/ Planning and Zoning has scheduled for the 21 't, the Visual Preference Survey to them. It would seem it would be an opportunity we would only have to do it once, if Council could attend that meeting with the Planning and Zoning to do Visual Preference, and if you'd like, add to the agenda some of the questions that Bob had raised about, you'll be meeting with the Planning and Zoning Commission. We can go through the presentation on the Preference Survey, and then open the floor for other related discussions. And that would be the 21 st. Bailey/ What time? This represents only a reasonably accurate transcription of IDwa City CDuncil special work session July 6, 2004. July 6, 2004 Council Wark Session Page 23 Atkins! That's what we needed to check in with you. You're committed ITom 4:00 to 6:00 pm for the joint meeting. Lehmani Probably. ..their meeting's at 7:00 pm? Atkins! And we can start at.....7:00 pm. Lehmani It would seem that 7:00 pm would probably be... Atkins! I don't expect it to be a long evening. There's...... .lengthy discussions about the planning philosophies, because it is a long day. Lehmani Is that 7:00 pm work for folks? Wilburn! I have a board meeting for work. I couldn't make that. If that's the only time, feel free, but I'm.... Lehmani If you have any issues you want discussed, if you would... Wilburn! Related to the subject? Okay, I'll let you know. Atkins! We need to post it in effect as a joint meeting. You're all invited to the meeting. Lehmani All right, Eleanor, in this meeting with the Planning and Zoning Commission. Bob has expressed an interest in that meeting. He and I have had some discussions about what sort of limitations are there in a discussion with the Commission? Nonnally we have an agenda. If things do not appear on the agenda, it's frowned on by a certain City Attorney if we start talking about things that we didn't say we were going to talk about. Now, Bob and I had talked about process issues, relative to the drafting of zoning codes and also the application of those zoning regulations - process issues. What is our limitation about what we can talk to? Dilkes! Well, I think you want to be as specific as you can about what it is you want to talk about in your notice. Ifit is not intended to be a specific discussion, ifit's something more like your goal-setting sessions, or kind of philosophies of zoning in general, you can put that on as an agenda item. But ifthere are specific things that you want to talk about, then they need to be noticed. Lehmani Well, okay, that meeting is the 21 >t. I would encourage Council folks ifthey're going to be, from our discussion, Bob, I think ours was pretty much a general sort of philosophic and I think probably, but details of process. Elliott! The problem is when you talk about a philosophical approach to things, there comes a time when it is illustrated by specific instances. This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. '-,r"" ---,',-.- . "-- --_._----..---- ---..-------- ....-- July 6, 2004 Council Wark Session Page 24 Dilkes/ Certainly, and you can use, just like at your goal-settings, you might talk about a broader subject and have specific examples. What is frowned upon, I think, by the courts, is an intent to discuss something specific and not noting it on the agenda. Lehman! Okay, I don't think there's a problem then, but if anyone has specific issues then, we need to get them to....how soon do you have to have it before the....? Karr/ I would like them, we should have them next Wednesday so we can put them in next Thursday's packet, because we'll be calling a special agenda. Lehman! All right. Atkins/ I did ask our folks in Planning to put through....a developer applies for a zone change, here's how it works. Someone applies for a development proposal, here's how it works. And the steps that it goes through, so we'll have something such as that prepared. Lehman! We'll have some staff folks there, as well as the Commission. Atkins/ Karin will be there, and she can bring along anyone she likes from her staff. Karr/ Okay, on that meeting, is there any interest, or do you want to talk about it later, putting some of the requests for expedited action? Lehman! Oh, you mean having a special meeting prior to the P&Z meeting? Karr/ Or do you want to wait to talk about that? Lehman! Are there any.. .the one relative to Northpark, I think, if we're willing to expedite that on August 5th..... Karr/ No later than August 3'd, right, but again, I think the applicant indicated that if you had a special meeting they'd like consideration, but you also have some requests from Attorney Holland on a couple of other matters in your packet as well. Champion! Why couldn't we meet 5 minutes beforehand? That's all it takes, isn't it? Lehman! Why don't we have a special meeting at 6:45 pm? Atkins/ Marian and Eleanor, question. Could we schedule the meeting at 6:30 pm, because on occasion that joint meeting wraps up early, and I'd hate for you to sit around. I mean we could bring you box lunches, or boxed dinners, give us a little discussion.. . okay. Lehman! All right. This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. .~ 4_ ......___.......____.___....._.,-' ..~.____m______,_,_."'__,..__.__ ,-._--------- '-.-.-- July 6, 2004 Council Wark Session Page 25 Elliott! And that's here? Atkins/ No, at the library. Lehman! Oh, P&Z? (several talking at once) Karr/ The question is, the Council's special meeting, do you want to come from Coralville to here and then to the library, or do you want to go from Coralville to the library, and have your special formal, is Connie's question. Champion! Yes. Lehman! Done. We're going to take a 5 minute break and then get back to the formal. Minutes transcribed by: Laura A. Berardi This represents only a reasonably accurate transcription of Iowa City Council special work session July 6, 2004. .".... ,......- ----.'-,----.-..-..- .' m__ _. ___~.._ _.-.-....-.__.....- .----- ..- ----