HomeMy WebLinkAbout1995-04-24 TranscriptionApril 24, 1995
Council Work Session
7:45 PM
Council: Horow, Baker, Kubby, Nov, Pigott, Throg. Absent: Lehman.
Staff: Atkins, Helling, Woito, Ogren, Karr, Franklin, Boose,
Davidson, Fosse, McClure, Burnside, Milkman, Boothroy, Pelkey.
Tapes: 95-53, Side 2; 95-57, all; 95-58, Side 1.
Addition to the Consent Calendar 95-53 S2
Horow/ Let's call the work session to order.
piece of business here.
We have got a quick
Jason Evers/ I am with TCI Cable Vision and I am here to request a
temporary outdoor service area for Soho's to be added to
tomorrow's agenda. They are holding a benefit for a Heritage
employee there Friday night.
Karr/ Everything is fine. They are short one signature but I have
been informed by our HIS that the approval has been given. It
is simply a matter of the paperwork being submitted to the
right person and signed. So it is all in order. They know they
need to do that by tomorrow evening.
Horow/ Great. Any problem ..... Okay, Chair would entertain a motion
to adjourn the work session for a special session.
(Returned to work session after executive session and special
formal.)
Review zoning Matters
ITEM NO.
95-53 S2
6 a. Consider setting a public hearing for May 9, 1995,
on an ordinance conditionally amendinq the use
regulations of an approximate 1.63 acre ~ot located
on the west side of Waterfront Drive, approximately
140 feet north of Stevens Drive from CC-2, Communi-
ty Commercial, to CI-1, Intensive Commercial.
Franklin/ This is the Gay's Locker building site that John
Rummelhart now, I believe, owns and wants to get rezoned.
Horow/ What is he proposing for that?
Franklin/ Potential moving Contractors Tool and Supply to that
site .... the whole operation.
Nov/
Franklin/ He will probably construct something else.
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Horow/ Does he have to destruct the furnace, boiler ..... that was
specially zoned for the equipment? .....
Franklin/ No ..... when there was a fire there .... I don't remember
Nov/ It was non-conforming but they were allowed to rebuild and we
called it a meat locker and defined what a meat locker was ....
We will get into the details before the meeting on May 9.
ITEMNOo
6 b. Public hearing on an ordinance amending City Code
Title 14, Chapter 5, entitled "Building and Hous-
ing," Article H, entitled "Site Plan Review," by
adopting design standards for exterior stairwells
and exterior corridors on multi-family residential
buildings.
Franklin/ To continue the p.h. on exterior stairwells.
ITEM NOo 6 c.
Consideration of an ordinance amending City Code
Title 14, Chapter 5, entitled "Building and Hous-
ing," Article H, entitled "Site Plan Review," by
adopting design standards for exterior stairwells
and exterior corridors on multi-family residential
buildings. (First consideration)
Franklin/ First consideration ..... There is a memo in the packet
from Bob Miklo addressing a couple of the issues that were
raised. One the Wohanized lumber and the ability to paint it
....... Also the Fire Department's response that they would
prefer the exterior stairwells ..... Ordinance proposal does
not prohibit exterior stairwells ..... just has design
considerations. Ran Boose is here if you have questions about
the Building Code in relationship to exterior and interior
corridors .....
Kubby/ Like Glenn was saying if you have the wall on it...whole
other realm of building code area that would have to be
incorporated into the design and we had asked for a list of
what those things were that you would have to do additionally
to the exterior stairwell that had the one wall on it ..... I
would like that list. We asked for it and didn't get it. So I
am kind of wondering why we didn't get it.
Ran Boose/ The only design issue that comes to mind is for open-the
Building Code refers to as an exterior exit ..... but under the
Building Code that side of the wall has to be 65% open and
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unobstructed for meet the natural tight and ventilation
requirements... So the wall on the outside of the stairs might
have some bearing on that .....
Kubby/ Glenn, you had mentioned at least two things ....
briefly...list off the 2-3 things that you had mentioned.
Glenn Siders/ The two things I mentioned, Ron just clarified one,
it was the light requirement. And also I understood that if
you enclose this ..... you then had to design for certain fire
requirements under your exiting system. Those were the two
comments.
Boose/ The Building Code isn't specific on when it constitutes
enclosed stairway but according to some of our companion books
it seems to indicate as long as one side is totally open. The
main concern, of course, is for the escape of smoke. It is
still considered an open exterior stairs as long as one side
is completely open.
Kubby/
Boose/ If you start closing down on
close it completely, build .....
open ....
all sides then you have to
prefer that two sides were
Kubby/ In terms of the 65% light requirement, do you think that
then becomes a design issue for that enclosed wall...?
Boose/ It is going to make it difficult on the end apartments ....
center ones shouldn't be a problem ..... The end ones when you
put up the screen walls for the stairs it is going to create
some tricky design problems ..... They would be set back far
enough where they good put windows in those end walls .....
Glenn Siders/ One of the concerns I have is part of this ordinance
involves not allowing ..... they are talking about enclosing the
wall, 42 inch guardrail wall and that would affect your-
Bo0se/ That would create a problem .....
Franklin/ This ordinance does not require that you totally enclose
this. We are talking about a screening wall on it ..... And it
also does not require that wall be solid in terms of light and
air.
Siders/ (Can't hear).
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Franklin/ But you don't have to have a totally solid wall down that
entire stairwell.
Kubby/ You could have exposed lumber, exterior stairwell just like
some new ones we have been seeing around town and the wall
doesn't have to be connected to that stairwell, does it?
Franklin/ The idea is to screen the stairwell. Now I don't know why
you would want to pop it out too far .....
Kubby/
Siders/ The way I read that where the ordinance says you cannot
have .... exposed, unpainted, or unfinished lumber. To me that
says you cannot have the exposed lumber ......
Kubby/ The word exposed means untreated, not you can't see it ....
Siders/ I did ask the legal staff .... They agreed the way this is
drafted it could not have unpainted, unstained, or exposed
lumber .....
Franklin/ I don't have a copy of the ordinance.
Woito/ You talked to Sarah, Ann or Bev, Glenn?
Franklin/ What is the major question here? Whether we can have
exposed, unpainted, or unfinished lumber? Is that the concern
or is the concern whether it is going to be the solid wall or
the light and air or the fire?
Kubby/ What were the list of things that would have to be done
additionally and the answer that I received was the 65% light
requirement that would mostly pertain to the two corner
units .... design issue for those corner units. I am fine with
that.
Nov/
Baker/ One of the issues was whether or not we wanted to require
{his front, side, back, all four, any combination of. Right?
And we sort of said all four. Was that everybody,s
' 9
understanding. Screening on all four sides of the building not
just the front?
Franklin/ That exterior stairwells and corridors would be permitted
on all sides. There are screening requirements on the front.
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There is a phrase of architecturally integrated. On the side
and rear it talks about using materials that are similar to
the materials of the building. So it is a similar kind of
concept. You talked about extending to the other provisions of
the ordinance that relate to the side and the rear the
language of architecturally integrated which didn't come up in
the p.h. on Tuesday night. It is not clear in my mind what the
council decided about the shall and should. The minutes
reflect that the council decided to change should to shall and
I didn't think you had come to that conclusion.
Kubby/ I think we had talked about it. I don't think we had
concluded it.
Nov/ I'think I had come to that conclusion and particularly on a
facade that faces a public street.
Kubby/ I have been looking at buildings lately ..... older
buildings .... integrated beautifully... without the wall ....
definitely part of the building ..... interested in saying the
enclosed wall is not the only way to integrate the stairwell
or corridor in ..... architecturally integrated, I would still
like it to be that language and the enclosed wall would be one
option ..... really is part of the structure of the
building ....
Franklin/ That conceptually is quite a bit different than the
ordinance before you which will take some re-write.
Kubby/ I want to throw it out... I think exterior stairwells and
corridors can be incorporated within the building without
there being an enclosed wall and I guess I would like
flexibility as to how to make it. I don't want to compromise
on the architectural. integrity issue but would like to allow
more flexibility.
Franklin/ When you lo0k...corner of Church and Dubuque Street ....
without the door on the front... rear of that building .... You
could say that that is architecturally integrated with that
building ...... What you may be talking about is some measure
of quality of that architectural integration which we'll have
to define then .....
Horow/
Franklin/ It is integrated. It comes down to whether you like it or
not.
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Pigott/
Franklin/
Nov/ I still have a strong preference for a facade that looks like
it belongs to the city with a door ..... we should do it that
~ay .... If you have a face to the street and a front door, you
look like you belong to the community ....
Pigott/ If you do one, doing the other would make no sense.
Baker/
Horow/
Laura Hawks/ I am the Chair of DR Committee and Glenn actually
walks through my office .... we had several question... after
talking with Glenn... basically for the concept of integrating
the stairwells into the architecture and he also had no qualms
with the first paragraph of the ordinance which gives Karin
Franklin... the discretion to approve or disapprove the
stairwells. But he did have some problems with the actual
writing'or we had problem .... with the actual language of the
ordinance. Our problem is that it does not permit enough
flexibility in building design and he pointed out some
specific designs in town ..... Building right behind the
Firestone Building which would not conform to the ordinance
and it is aesthetically pleasing ..... across from Kennedy
Plaza...rear stair... Other issues would be garages underneath
the building. There maybe problems with designing a garage
into that building with those stairwells that the ordinance
requires ..... He did say he would conduct a workshop ..... to
really point out what he is looking for or what the builders
would want in this ordinance as well as the city so we could
come to a solution on that ..... We think the language needs to
be re-written.
Baker/ We also agree we want more flexibility in the ordinance but
without sort of relying too much on subjectivity.
Horow/ Is there anyway of letting us table this and see whether or
not this flexibility and appropriateness of architectural
integrity can be encouraged without the regulation?
Nov/ Willing to consider clearer language in the ordinance but I
don't think we are going to get this unless we have an
ordinance.
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Franklin/ For the most part you are probably going to get as Glenn
demonstrated builders who are going to attempt to put
something together that works well for the community. Whenever
we write law, we are writing for the exception, the
loophole ...... that is what we are up against here, too ......
Horow/ How long is this ordinance going to take-?
Franklin/ I don't know...I don't, frankly, know what you want. I
don't have a clear direction here.
Kubby/
Franklin/ I think I understood what the council has said today but
you have had input then for some changes which are a little
more ambiguous.
Throg/ I think what we are kind of drifting our way into is a
larger question than just stairwells and architecture. Another
words... trying to integrate stairwells into the architecture
of the building. That is not really what we are sort of
wanting to get at. What we are wanting to get at is designing
buildings so that they integrate well with the desire or
existing character of the neighborhood. That is really what it
is all about ......
Baker/ ...Bob Carlson was talking about design review for more than
just the plaza ..... which maybe we ought to talk about. Point
of clarification. You already review multi-family building
permits-
Franklin/ We have site plan review for over 12 units, I think it
is, certain size and square footage ...... That is within the
parameters of the Site Plan Review Ordinance .... the
compatibility provision of that was taken out as that went
through the legislative process when that ordinance was
adopted. The Site Plan Review basically allows us to look at
traffic circulation...screening .... where dumpsters are...
kind of how the project works on the site. It does not give us
any design review whatsoever. It doesn't allow us to go beyond
what is prescriptive within the ordinance.
Baker/ ...revision to the site review process.
Throg/ ...RNC discussion .... letter .... suggesting we include some
design provisions with regard to duplexes .... same point...
integrating the design of the building into the community .....
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Baker/ There is a point...uncomfortable with design review...
smaller unit... 12 is too high of a cut off point ......
Kubby/ It matters if it is a conservation district or not ....
Horow/ Would this have happened if it had taken place in a historic
district? Would these be able to be-?
Franklin/ ..... It would have to be reviewed by HP Commission .....
The only reservation I have about this for the deferral on
this is that you will see projects that have exterior
stairwells and just as long as you know that.
Nov/ I would like us to seriously consider adopting the ordinance
as is..If you want to revise it later, we always can. But we
have not control at all if we don't adopt something.
Kubby/ Voting for it and then with the direction that more
flexibility is created.
Franklin/ That larger project that you are talking about in terms
of design review and neighborhood compatibility issues-we will
get at some of it with the conservation district and with the
work of the DR Committee as they bring their work to you. But
for an overhaul of the Site Plan Review Ordinance and looking
at compatibility issues in that and exactly what that means,
we are very much consumed right now with the Sensitive Areas
Ordinance. So that is going to come first unless you tell us
to stop.
Kubby/ There was language in there before that was taken out. Could
that be-
Franklin/ At the staff level. I think it got to P/Z and was taken
out.
Kubby/ Could we just be forwarded what that language was-?
Franklin/ Sure.
Kubby/ Because if we like that language as is and it could just be
placed on P/Z's agenda again ..... then there is not that
development stage of the language ....
Nov/ It was taken out so recently ....
Kubb¥/...talking about Site Plan Review .....
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Baker/ If we defer this or set it aside, we will get more of them
popping up/ I think this is a flawed ordinance as is but the
absence of one is a bigger flaw.
Pigott/ I agree.
Nov/ That is where I am going. I am not exactly with the
should/shall and some of the other wordings in here but I
still think we ought to adopt something.
Throg/ I like the flexibility that it does provide ....
Kubby/ If the majority wants to do that I would like to have a
fairly short time frame by which this other flexible language
gets talked about so that it is not two construction seasons
from now ..... I am talking about the additional flexibility
for the exterior stairwell and corridor ordinance.
Horow/ But with what we were talking about this evening? Or after
we look at some more material? .....
Franklin/ The architecturally integrated language that you were
talking about so that is doesn't necessarily mean a screening
wall.
Kubby/ .... to.say that within a year. visit it before the second
construction season.
Baker/ I think we can do it before then.
Kubby/ The time frame...the latest that it happens .....
Horow/ Move on.
Kubby/ The other thing we want to clarify is do we want the shall
language or the should language. We haven't really talked
about it .....
Throg/
Pigott/ I said should.
Baker/ I said should.
Throg/ Should.
Council/ (All talking).
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Horow/ Let's go with that .....
Baker/ We stay with should but as soon as you get somebody he
doesn't want to cooperate it will become shall.
Horow/ Moving along.
ITF2( NO. 6 d.
Consideration of an ordinance amending City Code
Title 14, Chapter 6, entitled "Zoning," Article N,
entitled, "Off Street Parking and Loading," to
reduce the amount of required off-street parking
spaces and amend the parking area design standards
in the CN-1, Neighborhood Commercial zone. (First
consideration)
Franklin/ First consideration .... this relates to the reduction in
parking .... two memos in your packet. One was about location
of parking and the other one was about a land banking and the
land banking was in your information packet ..... Are there any
questions about that concept ..... The location, I am just
suggesting that if you want to get into that issue that we
take that up separately because I think there are some
complexities in making judgements about where the location
should be and how absolute you want to be about it.
Kubby/ Do people want to look at that issue? I seem to be the only
one who is kind of interested in it. It's dead.
ITEM NO. 6 e.
Consideration of an ordinance conditionally amend-
ing the use regulations of approximately 34.21
acres located west of Taft Avenue along Court
Street extended from RS-5, Low Density Single-
Family Residential, to CN-1, Neighborhood Commer-
cial (6.93 acres), RM-12, Low Density Multi-Family
Residential (12 acres), and RS-8, Medium Density
Single-Family Residential (8.14 and 7.14 acres).
(First consideration)
Franklin/ First consideration in the Windsor Ridge area ..... Are we
all comfortable with that?
Baker/ Yes.
Franklin/ Okay.
ITEM NO. 6 f. Consider an ordinance establishing the Moffitt
Cottage Historic District for property located
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between Muscatine Avenue and Ralston Creek, north
of Court Street. (Second consideration)
Franklin/ First consideration on the Moffitt District.
ITEM Nee 6 g.
Consider an ordinance amending Title 14, Chapter 6,
entitled "Zoning," of the City Code by revising
Article L, entitled "Provisional Uses and Special
Exceptions," Section 1M, entitled "Neighborhood
Centers,', to repeal the access requirement for
neighborhood centers. (Second consideration)
Davidson/ The Neighborhood centers did request expedited action
along with our Community development Division ....
Franklin/ The Community Development Division was concerned about
the expenditure of money by Neighborhood Centers because it
has an affect on funds.
Horow/ Okay. Anyone have any problems with-
Nov/ I think there is a good reason.
Council/ (All talking).
ITEM ~0o 6 h.
Consider a resolution approving the final plat of
Orchard View Estates, an approximate 109.77 acre,
34-1ot residential subdivision located within
Frirge Area 4 on the south side of Dingleberry
Road, approximately .6 miles east of Highway 1.
Franklin/ This is a subdivision in the county which you approved
the preliminary plat on. This is the final and the
recommendation from P/Z is approval, 6/0. Any questions on
that?
ITF2~ NOo 6 i.
Consider a resolution approving the preliminary
plat of Boyrum Subdivision, Part 4, a three lot,
11.67 acre commercial subdivision located south of
Highway 6 between Boyrum Street and Waterfront
Drive.
Franklin/ Consider a resolution approving the preliminary plat of
Boyrum Subdivision. This is a three lot subdivision on
Waterfront Drive .... you have got the one in your packet ....
issues .... pedestrian access... we will get at the site plan
stage. Important thing about the subdivision is that it is
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closing off that access on the north part of lot 2 which now
goes to Drugtown.
Horow/ That is the best thing in the whole world .....
ITEM NO. 6 j.
Consider a resolution approving the preliminary
plat of Galway Hills Subdivision, Part 2, a 14.63
acre, 24-1ot, residential subdivision, located in
the southeast quadrant of the intersection of
Melrose Avenue and U.S. Highway 218.
Franklin/ This is a 24 lot residential subdivision on the west side
of Iowa City. Subject to approval of grading and erosion
control plans, storm water calculations and approval of a tree
protection plan prior to final plat approval.
Kubby/ Can we see the plat because there is supposedly a new
one...?
Nov/ Is that what we have here?
Franklin/ I will try to describe that as you pass it around (refers
to plat) .... to move away from the stand of Oak trees .....
done on the plat. The Tree Protection Plan needs to be
submitted prior to the final plat approval.
Kubby/ One thing I am a little confused about has been there has
been different kinds of information given to us. The
information is there are ten trees .... ten Burr Oaks, mature
..... Developers are saying three were deemed to be unhealthy
via Iowa City Landscaping .... staff information says there
were two that were deemed unhealthy .... two other trees were
marked with some other weird kinds of markings ....
Franklin/ Two that we based our statement on .... based on original
letter from Iowa City Landscaping .... I can't explain the
X~s.
Horow/ Larry, you will have to come up. we have all seen the X's on
these trees. What are they...?
Kubby/
Larry Schnittjer/ I was not at the site at the time any X's were
put out there. I presume that the first 2-3 X's were put out
there by Paul Dystra of Iowa City Landscaping ..... I have
heard since that there are as many as five trees that have
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marks out there. The developers are not aware of who did the
other markings or where they came from .....
Kubby/ I% is my understanding from the developers that they don't
plan on taking any trees down. That they are going to let the
people who buy those lots make the decisions about whether the
trees deemed unhealthy will stay up or come down.
Schnittjer/ If you look at the new design, lot 43 has one tree
remaining on it ...... Of the ten trees, Lot 43 now only has
one of those trees. The remaining trees are on Lot 44 which at
the present time Mr. Cahill strongly wants to keep for himself
to build his own home on ..... So .....
Franklin/ The important thing is regardless of what is said about
who is going to own what, rent or build what, that we are
requiring the Tree protection Plan before they do the final
plat. The only verbal assurance that we have right now is
statements ..... that they do not intend to cut down any of the
trees before they submit the Tree Protection Plan and have it
approved at the final platting process.
Kubby/ ..... I am interested in also having the trees protected
during construction .....
Franklin/ My understanding is the Tree Protection Plan will include
protection during construction as well as the long term fate
of those trees.
Kubby/ I guess I need to wait and see that .....
Franklin/ You do not have that in front of you. The preliminary
plat is subject to the understanding that that is going to
happen before the final plat comes in ....... If they chop
down those trees .... I think you would have some justification
in saying no final plat.
Kubby/ The neighborhood has requested that we purchase this for
open space ...... doesn't seem reasonable to do that. We need
to respond to that request ....
Throg/ Have to have some kind of estimate .....
Kubby/
Franklin/ If there are people who wish to speak to this issue
tomorrow night .... come up during public discussion or during
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this item?
Horow/ During this item.
Kubby/ The issue...the resolution itself does not say anything
about the conditions.
Woito/ I just wrote a note to Karin that it should call it out.
Kubby/
Throg/ I noticed there aren't any trails on it...did I overlook
something?
Kubby/ There is going to be a sidewalk when we widen Melrose .... 8
foot sidewalk ....
Throg/ Trail...linking the northern part .... with that Melrose
Trail.
Franklin/ Going to look at when we were at the point of looking at
construction plans for Melrose because we don't know about the
grade differential .....
Davidson/ The connection... we hope to tie that into Melrose. At
the very south part of the subdivision is ...working on
designing Willow Creek Trail...
Throg/ Wanted to ask how this fits in with the Neighborhood Open
Space ....
Franklin/ What we do now when we have a subdivision come in, part
of the decision making about whether the land is going to be
dedicated or fees in lieu of is reviewed by the P/R Commission
and a subcommittee ......
Davidson/ The Willow Creek Trail...subsequent addition of this
subdivision ......
Kubby/ Other issue .... making sure we have a system to keep track of
open space when a whole area is deemed to need X number of
acres .....
Franklin/ The CZA requires 6 acres ..... The Neighborhood Open Space
Ordinance, through that calculation, only requires 2 some
acres .... they will clearly be obligated to more than they
would under the Neighborhood Open Space. With the final papers
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for Galway, Part 2, those papers will include the mechanism
for keeping track of that open space.
Horow/ I want to make sure I understand council's idea about why we
would be receiving testimony from the public on this. If they
are still in a mode of being concerned about the trees .... moot
issue. What is it are you seeking from the public.
Kubby/ If the public has made a request that they might want to
speak. That is all the rational I suppose I need ....
precursory remarks ..... movement of the road, movement of the
cul de sac to protect the step hill and the Tree Plan ....
Horow/ ...... Karin, I am going to ask you to do that.
Horow/
ITEM DO o 6 k.
Consider a resolution approving the preliminary
plat of Pelsang Place, a 3-lot, acre residential
subdivision located at 114 South First Avenue.
Franklin/ A three lot...subdivision on 114 S. First Avenue. This is
a piece that was owned by the school district at one point in
time...purchased by Pelsang Family on Washington .... and First
Avenue... held up... verification...underground storage
tanks... DNR requirements... ready to go...
Nov/ Driveways onto Washington .... ?
Franklin/ No, not without creating some kind of a flag lot ....
Kubby/ Will that be a problem on that hill? .....
Franklin/ We will look at it and I will have that answer for you
tomorrow. There is an existing drive there ......
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Discuss RNC-12 Zone
Horow/
Council Work Session
95-53 S2
Page 16
Franklin/ After we had so~e discussion...at your last formal
meeting, the council requested that staff look at preserving
the character of the s.f and duplex- the s.f. and duplex
character of the RNC-12 zone and what I need from you is some
discussion, explanation, definition, on what you see as the
character in order for us to address this issue. You have
received some correspondence from Judy Sivertson and she has
suggested.
CHANGE TAPE TO REEL 95-57 SIDE 1
Franklin/ Are side by side and have entrances to a street as
opposed to any alley or they are within an existing structure
but do not constitute an addition to that existing structure.
Also that the parking be looked at in such a way that we don't
have the flexibility when there is a fraction of parking. That
it just goes up to the next whole number. Do those suggestions
approach what the council,s concerns were about character? Or
can you give me anything to work with a little bit more on
what you mean by character.
Baker/ .... the easiest one to deal with .... currently the Code says
that a half number you go down to a lower.
Franklin/ No, it is the developer's ch0ice. Sometimes they will
choose to go up if they want to have more parking ....
Baker/ ...inclination just to say go up.
Nov/ Maybe we should apply the one parking space per bedroom count
on this area.
Franklin/ Is parking the issue?
Horow/ No, it is part of the issue ....
Kubby/ Is it an assumption that when HP Commission and P/Z look at
this concept of conservation districts that RNC, whether they
are 12 or 20, would be considered-will be coming a
conservation district?
Franklin/ It certainly is within the realm of possibility. There is
not direct link between those two things. The conservation
district can be applied to any area which has been defined as
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April 24, 1995
Council Work Session
Page 17
a conservation district and the characteristics of it are
described as the ordinance is currently drafted. It is also
not automatic that RNC would become conservation districts.
Kubby/ It would make sense it would go in that direction ..... I
don't want to prohibit if someone has the right to have
duplexes on their lot form them adding onto their building. I
do think it should flow with the building ....
Nov/ We need to consider that kind of thing ..... possible that
Karen it right, that you can do an integrated add on ....
Franklin/ What you are talking about is the issue of design.
Kubby/ ...where front doors go to.
Nov/
Franklin/ When you start talking about alleys, I think we need to
have-our response back to you in terms of staff position is
going to be a little bit more complex than where the front
doors are. Alleys serve a function ..... have considered
encouraging in new developments .... Are some concepts in using
alleys that are very productive to create neighborhoods. Other
thing .... with the functioning of Jefferson and Market
Street ..... Jefferson and Market
serve as an arterial and it means
traffic ..... And the alleys that
there were intended to provide
properties that abut them whether
are one way couplets that
that there is going to be
are built into the system
access to all of those
they were s.f. or duplex.
Nov/ My concern ..... It should provide access...parking...but there
should still be a front door.
Franklin/ Okay, it is your street face, again?
Nov/ I equate this kind of add on with the back stairway ..... the
only way to get to this building is ...alley ....
Baker/ Where I live the alley has more life in it than the street
does .....
Nov/ And you have a back door and a front door.
Baker/ But you can have a duplex that faces the alley .... you
shouldn't prohibit access to a duplex... from the alley .....
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April 24, 1995 . . Council Work Session Page 18
Kubby/ By doing that do we decrease the flexibility of doing in-
fill development .... make sure in-fill can happen ....
Baker/ But the trade off of neighborhood conservation zones was the
downzoning.
Nov/ This would prevent a backyard for the kids to play in .....
Horow/ What is the mailing address of a house whose front door is
on the alley?
Franklin/ The street because the alleys have no names .....
Pigott/ Two separate addresses, same street.
Nov/ Mail box on the back .....
Franklin/
Throg/ I am a bit more interested in the design of the buildings
than how the design fits into the character of the
neighborhood ..... some language I just kind of popped up
with .... The new duplexes should reflect the predominant
design patterns of existing s.f. houses in the zone.
Franklin/
Throg/ In the zone. Like if it is in a particular RNC zone, I think
it is safe to presume there is a predominate s.f. house
design ..... If we think in terms of what we want that
neighborhood to look like and become .... reinforcing the
pattern .... s.f. neighborhood.
Franklin/ What you are talking about is the concept of conservation
district and I guess the question that I have for you is
whether you want us to attempt to put something together such
as language that you have, Jim, that we would insert into the
code at this time or to wait for the conservation district
that is before the HP Commission now and will probably be to
the council within a month or month and a half.
Kubby/ I think we are on our way with the conservation district and
there is this unfortunate specific that happened in an RNC-12
neighborhood and we are in process with something that will
protect that neighborhood into the future if it becomes a
conservation district and other districts that are deemed
conservation district. Because your language doesn't
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April 24, 1995 Council Work Session Page 19
incorporate the design of the add on to the current structure
and I would like to add that to what you said and maybe relay
this conversation to HP to make sure that those concepts are
incorporated.
Horow/ Integrity of the neighborhood .... Whatever happens to this
house does not detract from the integrity of a whole
neighborhood.
Frankl.in/ The process of establishing those districts requires that
you identify the prevalent architectural features and
characteristics of the neighborhood or the district so that
you have a bench mark from which to measure. That it is not a
Judgement of a staff person who is looking at a building
permit ..... But there are identified characteristics for each
conservation district.
Horow/ Aren't we talking about the bizarre ....
Kubby/ ...... looks pretty hodgepodge in terms of how it is
connected to the original structure and the -The beauty of the
conservation district is we don't get into this changing of
the definition of duplex and s.f. home. It does it for
everybody and every structure and every lot in the
conservation district. The conservation district is on its
way. It is more comprehensive and it is going to do what they
are asking to be done and what we have been talking about we
want to happen.
Horow/
Kubby/ I guess I want to ask people from the neighborhood to think
about this conversation tonight and give comments to all of us
tomorrow or sometime soon .....
Nancy Carlson/ We are concerned about the appearance of the
building and keeping the integrity of our neighborhood. But
the other thing that we are concerned about are the size of
our lots again which is something that we discussed last
time .... In our neighborhood .... Bob Miklo... 30 lots in this
area that of 1,000 square feet ..... but they can be developed
for duplexes ..... most of those 8,000 sq. feet lots are in the
800 and 900 and 1,000 block area of Jefferson and Market. They
are all concentrated in this one small little neighborhood. So
I am very concern ..... Cindy .... has already taken two lots
and divided them in a way that isn't common in any other
place .... in most areas of the city ..... I am very concerned
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April 24, 1995 Council Work Session Page 20
about this after having looked at the frontages of the
lots ..... There area some other things that I would like to
discuss .... I don't know... last time .... from RM-12 to RNC-12
zone ..... We dealt basically with the minimum lot area .... A
family house in the RM zone had to have at least 4,000 sq.
feet. That went up to 5,000. The minimum width for the front
yard had been 35 feet for a s.f. It went up to 45 feet.
Everything for s.f. went up. But everything for duplexes
stayed the same ..... In the 600 and 700 block of our area .....
almost all of the majority of lots are 40 feet across the
front .... But when you get to the 800 and 900 and 1000 block
of Jefferson and Market, you are dealing with lots that are 80
feet, 60 feet, 90 feet .... We want to make sure the buildings
that are compatible with our neighborhood ..... I look at what
Cindy has done ..... I looked at all these other lots .... This
is something ..... In our neighborhood we have a lot of little
houses on big lots. They are very vulnerable .....
Kubby/ That is how we rezoned it, to allow duplexes and I guess you
are asking us to reconsider that?
Carlson/ .... In that particular zone ..... want it to be protected
.... Did you people realize that you were only giving us part
of it and not all of it... what was your intention and what is
your intention now?
Baker/ Distinction...difference between the goal of the zone to
stabilize this neighborhood without making it static. We
cannot stop ..... But it seems to me .... I don't know if you
are asking us to look for a way to downzone it further to
prevent duplexes period or-
Carlson/ I think I would like to see it-You made it a little more
difficult to build a s.f. house in this zone from the RM-12.
You didn't make it anymore difficult to build a duplex. Maybe
we need to look at making it a little more difficult to build
a duplex ..... maybe the front yard thing or minimum lot width
instead do it being 45, maybe 50 or 55. Just a small amount
just to make sure that we don't end up with all duplexes ....
We have been sort of stung twice now .... wait a minute, I
really want to know what'I am dealing with.
Horow/ We can't give you the answer.
Carlson/ I just wanted you to be aware of this because .... I was
pretty naive .....
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April 24, 1995 Council Work Session Page 21
Horow/ You are no different than any of us .... Your neighborhood is
experiencing something that who could have predicted this.
What we learned from you this evening will be helpful .....
What language we can put into this right now I think we have
to have some options .... conservation district ....
Baker/ Ron is here .... clarification as far as what is happening as
far as building permits ....
Ron Boose/ 944...they are building an addition on the back of an
existing s.f. home.
Baker/ ...bedrooms and bathrooms?
Boose/ The way that floor plan is laid out there are two bedrooms
on the second floor with one bathroom. The main floor has a
living room, kitchen and there is a half bath in there and
then the basement has a bedroom and a bath that may or may not
be developed currently ..... Really not unlike a lot of s.f.
dwellings we see .... as far as bedroom and bathroom layout.
Baker/ Thank you.
Kubby/ In terms of RNC zone, is that correct...the setbacks for
s.f. homes were made more restrictive but not for the duplex.
Franklin/ It was lot width and it is 45 feet is the minimum lot
width in the RS-8, RS-12, and RNC-12.
Kubby/ Was that changed going into the RNC versus RM-127
Franklin/ I can't answer that right off .... my recollection was that
when we went from RM-12 to RNC-12 we took the dimensional
requirements of the RS-12 and used those ..... The minimum lot
width in the R m-12 s.f. is 35, duplex is 45 and what it is now
is 45 for everything. So that as you increase the lot width
you are requiring more of land. A 90 foot frontage you could
split to have two lots .....
Baker/ And is 45 the same for all duplex zones, all duplexes
everywhere?
Franklin/ Yes, I guess it is.
Nov/ What is the minimum lot width in RS-8?
Franklin/ 45. 45 in RS-8, 45 in RS-12 and RS-5 it is 60 feet.
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WS042495
April 24, 1995 Council Work Session Page 22
Nov/ Z can't see changing this to something more restrictive than
an RS-8 or RS-12.
Franklin/ I think what the concern is is what the configuration of
the lots are in those blocks of Jefferson Street. Maybe we
should look at that, see what kind of sq. footage we are
looking at, .what kind of widths.
Horow/ Plus where the conservation language.
Kubby/ The conservation language won't have anything to do with the
point that Nancy is making. So you are going to look at that
separately?
Franklin/ You want to know the status of the conservation district?
Where it is?
Horow/ Yes.
Kubby/ And to pass on this conversation about compatibility within
the neighborhood and any new construction attached to current
structure.
Franklin/ That is the essence of the conservation district that
they are already talking about.
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April 24, 1995 Council Work Session Page 23
Sidewalk Cafes 95-57 s1
Karr/ This item was placed back on your agenda prior to your p.h.
tomorrow evening. We did give some suggested language to some
of your concerns expressed the other evening and place it on
tonight for further discussion, maybe clarification, prior to
tomorrow evening.
Kubby/ Could we just go down issue by issue
1. HOURS .... go to 7:00 AM so people can do pre-work eating
and drinking before work...ped-mall our crews are trying to
get in there and clean.
Karr/ Our goal was to make it consistent for all sidewalk cafes ....
Kubby Other option would be to make it a letter starting date
everywhere .... concern... make sure our CBD along ped mall...
Nov/ We want to tell people if you are going to open up your cafe
at 7:00 AM you are going to pick up first, clean up your
area ....
Kubby/
Horow/ .... Have a non-restaurant next to it. How do you get the
coordination with the d.t. crew...?
Kubby/
Baker/ 7:00 is fine.
Kubby/ 7:00 for all. What about this other thing about hours? They
must operate same hours as the restaurant kitchen.
Nov/'Confusing.
Kubby/ If your kitchen is not open, neither is your cafe.
Nov/ If the cafe is allowed to be open until 10:00 PM ......
Baker/ Does the Java House have a kitchen as such?
Throg/ They sell the bakery stuff.
Kubby/ Wouldn't apply to coffee houses .....
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April 24, 1995 Council Work Session Page 24
Karr/ Coffee house is definition of restaurant but there are other
provisos in there that define a restaurant and kitchen is one
of them.
Nov/ If they don't have a kitchen, they can't have a sidewalk cafe?
Karr/ According to the way this is written right now.
Baker/ But if they call themselves a coffee house they can.
Karr/ No, it simply allows establishments that meet the other
criteria including coffee houses to be a sidewalk cafe. But it
must meet the criteria of restaurant first.
Kubby/
Nov/ Can we say the sidewalk cafe may operate the same hours as
restaurant's kitchen but no earlier or later rather than they
must operate the same hours.
Karr/ Sure.
Pigott/ Sure.
Karr/ 7:00 AM starting time. Did we agree?
Pigott/ Yes.
Karr/ And 10:00 and 12:00 close?
Kubby/ Yeah.
Nov/ I am not sure I want to go until midnight, though.
Throg/ Then go home earlier.
Nov/ I am just not sure that this is a reasonable hour.
Kubby/
Throg/
Pigott/ A lot of places that don't sell alcohol are closed before
midnight
Nov/
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WS042495
April 24, 1995
Council Work Session
Page 25
Baker/
Horow/ 2. LITTER/CLEAN UP
Kubby/ Yes, five feet around, yes.
Throg/ 3. SUNSET CLAUSE. Why have a sunset clause?
Horow/ For me it is the whole issue of evaluation .....
feasibility... problems .....
Throg/ Having continual feedback... If we have an automatic
repealer that is only 1 1/2 years from now, that would
inhibit ....
Kubby/ .... Need to discuss what the date is.
Throg/ I am saying why have an automatic repealer because you will
always have continual feedback.
Horow/ .... We have to rely totally on enforcement of our Police
Department .... in their best interest to make this work... or
it does come to a close .....
Nov/ ...will get more public input ....
Kubby/ For some reason this seems to be a very risky thing ....
helps minimize the risk .... an experiment with an end date.
Pigott/ .... end of 1996
Kubby/ Totally disagree with that date. So we have at least four
people who are at least for a sunset clause.
Throg/ 1996 is much too soon.
Kubby/ One of the things...if you want us to invest in furniture
.... It has to be able to live its life .... I would say at
least two seasons .... heard from person from Pancheros... two
year life cycle from outside .....
Baker/ Isn't this a two year season?
Nov/
Throg/
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WS04249§
April 24, 1995
Kubby/ I would like
clause.~
Nov/ I want a 1996 sunset
January 1 .....
Kubby/
Council Work Session Page 26
to say '97 or I won't support the sunset
clause. I will go with 1997 if it is
Throg/ Oppose sunset clause unless it is at least November 1, 1997.
Horow/ I will have '96.
Pigott/ I prefer later, of course .....
Kubby/ Would you vote against a sunset clause if it were not '97?
Pigott/ Well, you know, argument .... expenses...unless they had a
couple of years...persuasive ..... I think the important
thing .... so much you have a chance to re-visit it ..... Gives
a better chance for businesses to go ahead ....
Horow/ Prairie Lights is ready to move out tomorrow ....
Nov/ I can see putting it on the agenda in 1996 because there are
problems...real concern... is people will accept it as a
given... I want them to look at it as something that .... will
be discussed again.
Pigott/
Nov/ I think this gives it two seasons ....
Baker/
Kubby/ We have to amend all of these things individually tomorrow
night .... argue about it then and vote it up or down.
Baker/ '96 is no problem with me. '97 is a problem with me .....
Throg/ We chose not to put in sidewalk cafe ....
Nov/ There will be people who will look for that excuse.
Horow/ 4. DESIGN REVIEW.
Kubby/ The review process of Title 14, Chapter 4. is that for the
vending carts?
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WS042495
April 24, 1995 Council Work Session Page 27
Karr/ It is exactly the language we have right now for plaza cafes
and vending carts. It simply mirrors that same language.
Nov/
Karr/ Consistently°
Throg/ ...So, DR Cormmittee.would review any sidewalk cafe anywhere
that a sidewalk cafe is permitted.
Karr/ In the language right here, it would, yes. The proposed
language that came from the staff included and mirrored the
same language where it would just be in the plaza area.
Throg/ I would think we would want to
area or any other area to which
Committee authority to review it.
limit it to just
we subsequently
the plaza
grant DR
Karr/ We certainly can provide that. This language does not. This
language goes the other way and says all sidewalk cafes shall
be subject to the design review process which I thought was
the intention the other evening in the p.h. Perhaps I
misunderstood. But it certainly could say that.
Throg/
Nov/ I thought we were talking about d.t.
Karr/ CB-2, CB-5, CB-10 and those zones extend beyond the
conventional d.t.
Kubby/
Karr/ What is council's pleasure? You have three options. i-To
remain it in the plaza. 2- All of them. 3- As Jim outlines, to
do it within the prerogative after you extend the area and
scope of the-
Horow/ There are four people who are willing to go with this in all
of the areas.
5. RESTAURANT DEFINITION.
Kubby/ It says cocktail lounge or tavern. That means they don't
have to serve food, right?
Karr/ No. It again goes back to the definition of restaurant and it
must meet all of the definition first and then simply
Thisrepresents only areesonably accurate ~anscription ofthe Iowa City council meeting of AFil 24, 1995,
WS042495
April 24, 1995 Council Work Session Page 28
clarifies that if all of those met it may include any of these
areas. This was put in because of the ice cream shop and
coffee shop question and whether that would be a restaurant.
Nov/ Why did we put in a bar?
Karr/ This language was mirrored from the zoning ordinance ....
consistency between the definition of restaurant and both the
zoning ordinance and outdoor service area.
Kubby/ We need to clarify that strongly ....
Karr/ ....A. through F. would specify the restaurant definitions and
those being the fact that it serves meals, full service menu,
person on site .... kitchen separate and equipped.
Nov/
However, this gets around my first concern that something like
a coffee house where they are serving coffee and pastry-does
that constitute preparing meals?
Karr/ If the meals are prepared and cooked on the premises for
consumption. If it meets the other criteria, it could, yes.
Nov/ But it doesn't.
Woito/ The coffee is prepared there.
Nov/ But is that a meal.
Woito/ It is to some of us.
Kubby/ The thing I most want to prevent is-
Woito/
Kubby/ But what about an establishment whose major service to the
community is serving alcohol and has a microwave and does
chili dogs... will that come under this definition to be
allowed.
Karr/ If they have an employee whose primary duty is cooking those
chili dogs it may.
Kubby/
Woito/ People use microwaves at home ....
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April 24, 1995 Council Work Session
Horow/
Karr/ It also notes... Holds itself up and advertises as a
restaurant. That is built in.
Horow/. 6. PLACEMENT OF TABLES AND CHAIRS ON CORNERS. Does anyone have any comment about this?
Pigott/ ..."in street corner areas...,, Can you explain that a
little bit?
Karr/ Not when Ron is sitting right there.
Woito/ Ron can do it.
Karr/ This deals with that triangle where we added
clarification .... street corner areas...
Boose/ It is simply a vision triangle. and extend it all the way to the
Pigott/
Karr/ We have a few restaurants
Pigott/ ...it is done in all sorts of places ....
Horow/ 7. NOTIFICATION PROCEDURE.
Kubby/ I think the three on each side is really important.
Horow/
Nov/ We
sidewalk cafe based on the objections of the neighbors?
Karr/ That is council prerogative.
Kubby/ Up to discretion of council.
Nov/ You are making this far more difficult than it has to be.
Pigott/ Giving the council the ability to-
Kubby/ To say no.
Page 29
for
You take the building line
curb .....
that would meet that criteria.
(does drawing)
have notified these people. Are we going to deny the
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WS042495
April 24, 1995 . . Council Work Session Page 30
Baker/ Why does it have to be the council versus the Board of
Adjustment 9
Woito/ Because you have control of the r.o.w.
Horow/ 8. TRASH RECEPTACLES .... Okay. The sidewalk committee
addressed the other issues.
Kubby/ Me had talked about restriction on drink specials on the
outdoor cafe and I think we should do that.
Pigott/ I agree.
Karr/ We can do that. Not in the ordinance but certainly in the
agreement.
Kubby/ I think we should do that.
Horow/ Anything else?
Throg/ I don't understand why we need a diagram of the area for
storage of equipment.
Karr/ That was a request on behalf of the sidewalk committee after
reviewing ordinances from around the country to assure that
individuals realize the responsibility to store the equipment
Nov/ ...carry it back inside ....
Karr/ We want them to confirm that they know they must remove it
and note where they are going to store it ....
Kubby/
Nov/
Pigott/ I don't like the requirement .... it may not be where they
end up storing it at the end of the time ..... We want them to
do is put it inside.
Horow/
Karr/ Language was suggested...only to acknowledge that they do
have to store it .... Intent was a recognition that they are
responsible for storing the equipment.
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April 24, 1995 Council Work Session Page 31
Nov/ ...have a sentence saying I understand the equipment will be
stored inside.
Karr/ And not show it on the diagram .... sure .... We certainly can
do that .... we can change that.
Kubby/ .I have another issue. I would like to say there is no
smoking allowed in the outdoor cafe ..... to say whatever policy
you have on the inside, like a smoking and a non-smoking
section, that you have that on the outside.
Throg/
Kubby/ You are extending your business out ....
Nov/
Baker/
Pigott/ A concentration in one location-
CHANGE TAPE TO REEL 95-57 SIDE 2
Kubby/ Doesn't seem like there is support for no smoking ....
Baker/ I think it is unjustified.
Kubby/
Horow/ ...anything else?
Nov/ Talk about this liquor license and contiguous .... big one. I am
willing to say it has to be contiguous. I am not willing to
bend the state law on that issue. I can't see any reason why
it should not be contiguous.
Throg/ You mean #2., do the second option?
Kubby/ I would love if the definition of contiguous included a
little flag thing that had a public easement over it... Not
interested in thwarting state law .....
Karr/
Woito/
Karr/ All of the mobile vending carts right now are in Zone 2 .....
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April 24, 1995
Council Work Session
Page 32
Kubby/
Throg/ I was inclined to support the second one also.
Karr/ #2?
Kubby/ Yeah..
Karr/ What about the issue of Zone 2? That takes care of itself? If
does if you are an alcohol establishment. If you are a non-
alcohol establishment you still stay in Zone 1 with the
present language.
Nov/
Even if you have an alcohol license, if they want to put a
cafe in Zone 2, they can say the alcohol license applies to
inside only ....
Karr/ Not according to the language we just agreed on in #1. It is
the possession of an alcohol permit, not the serving of it.
Nov/ No .....
Karr/ Going back to my memo, #1 ......
Woito/ The language possessing a current alcoholic beverage license
would really preclude #2.
Kubby/ If we wanted to do that we need to find the language to make
it be the way we want it to be. That is there job.
Woito/ What you do with the hours is change it to serving.
Karr/ If indeed you then are satisfied that nobody inside will
bring alcoholic beverage outside.
Nov/ It is an enforcement question ......
Karr/
Nov/
Kubby/ Too complicated.
Woito/ Go with contiguous and not this picture.
Pigott/ Yes .....
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April 24, 1995 Council Work Session Page 33
Woito/ What I am saying is you can opt for something more creative
and I can't guarantee we can defend it but it is up to you.
Pigott/ I think we do the contiguous.
Woito/ Okay.
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WS042495
April 24, 1995 Council Work Session Page 34
Council Aqenda/Time 95-57 S2
1. Kubby/ Ron .... Letter from Harvey Wehde .... But I guess I want to
ask Ron...if you would make them clean it up .....
Ron Boose/ I will look at it.
Kubby/ We don't need to talk about it tonight.
Boose/ I will look at the site ....
Kubby/ Thank you.
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April 24, 1995 Council Work Session Page 35
Merqer of HousinQ Commission and CCN 95-57 S2
Marianne Milkman/ This has come about...idea of consolidating
various HUD programs and what is happening is that housing is
really no longer separate from job services, homelesshess,
everything is going together and we are finding that the two
commissions are a lot of the time working on the same things
and making recommendations on the same things .... A good time
to think about having just one commission deal with all of
these programs .... members of both commissions are here
tonight. They both voted for a merger unanimously in both
cases .... they do have questions... have not worked out
details .... We wanted to get a feel from you whether this is
something you want to pursue.
Horow/ ...how do we do the appointments...?
Milkman/
Kubby/ It was suggested that we appoint with the understanding that
those three people would resign when the merger is complete.
Woito/
Milkman/ You are not extending. You are reappointing. You would
just reappoint them and actually .....
Nov/ Why do we do this...leave these vacancies, merge these
committees and go from there.
Milkman/ We have to go through the business of putting some
structure to this committee .... got to undo... rescind the two
resolutions that established the Housing Commission and CCN
and establish a new commission with some kind of name...by-
laws...duties... work to be done .... Housing Commission is
only a seven member commission .... 3 members whose terms are
up on May 1 .....
Nov/ Meetings within the next month or so that cannot be cancelled?
Boothroy/ I wouldn't want to cancel any of the meetings for the
Housing Commission because I don't know whether there would be
another application we would want to bring before you in that
interim .... the members that are being reappointed have a lot
of experience and background ..... Experience that both
commission can use.
Kubby/ What is the peak time of the Housing Commission?
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Boothroy/ ...~ff peak time is usually August .... They meet every
month .... cancelled meetings in late summer .... CCN has also
cancelled their meeting in August ....
Kubby/ Less down time for both commissions...peak time is
distributing HOME funds ....
Boothroy/ Spring is probably the busiest time .... January through
June.
Kubby/ I just asked Linda if there was a problem with us appointing
people who had not applied and the answer was yes ..... So the
current commission members would be re-applying?
Karr/ Three of them did ....
Woito/ They all have.
Kubby/ What I would like us to do .... to reappoint the three
current members with the understanding that they would resign.
Is that we let the two people who applied that aren't those
three current Housing Commission members know with a specific
letter stating...explain those reasons just so they know what
is going on ......
Horow/
Milkman/ You will be getting a new page 40 for City Steps for the
final document.
Linda Murray/ At CCN's meeting most of the members...agree that
once we have done this merger we would like to have a meeting
with council, a joint meeting, to discuss what I brought up
earlier about the Life Skills thing and also there was
questions brought up that Housing Commission members ....
information for the committee and how much information are
they legitimately entitled to and should get and how much we
don't really need ....
Pigott/ What kind of questions?
Murray/ I think it had to do with some of the Housing Commission
business and things like they didn't know how much they had a
legitimate right to ask for.
Horow/ ...when the two groups work to merge into one that they
could discuss.
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Woito/ They can talk to staff about it and then if there is a legal
q~estion...they can come to us.
Horow/
Murray/ ...we need to agree with you all ....
Nov/ There was reference to attrition. When does the CCN have an
expiration date .....
Karr/ They are staggered. July, November, March, April .... July 1,
1995 we have a term expiring and then we have three in
November.
Nov/
Milkman/... not standard...
Nov/ I thought when someone was appointed to an unexpired term ....
Milkman/ .... at all strange times .....
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Appointments 95-57 S2
Horow/ Council's pleasure to reappoint
already ..... The whole appointment
they will be dropped ....
the three who have served
business will be changed,
[John "Jack" McMahon
Ben Moore
Roger Reilly]
Kubby/ As long as that is the understanding .... Until the merger is
complete .... resign at the end ....
Nov/ ..... if we are going to form a new committee I would like to
get some new people involved.
Horow/
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Discuss Burlington
95-57 S2
Horow/
& Gilbert
Street Intersection
Reconstruction
Fosse/ There aren't too many issues involved in this. I just wanted
to give you an update on it and see if your feelings have
changed on it. Our update with the DOT is...they still have
not decided on what they are doing .... bridge designers haven't
been working on the design lately and that translates .... If
they do decide to replace the bridge it probably won't happen
next summer ..... accident statistics .... slipped by the point
at which we can get this completed before the beginning of
football season ....
Kubby/ Even if they don't do the bridge next year we were planning
on doing this in two years anyway .... flip flop two different
years ..... Big thing is do we want to do it as two projects
and save the 50-60% preparation efforts moneys .....
Woito/ Is that 50-60% time or money?
Fosse/ ...If their bridge project indeed slips into '97 then that
won't be an issue. We can go ahead and build in '96 and they
will build in '97.
Nov/
I don't understand what the significance of the coal tar is?
Does it mean they will not re-build the bridge if they find
coal tar?
Fosse/ .... There is coal tar in the r.o.w. or in the area they
would like to acquire for additional r.o.w. and I think there
is also coal tar that has found its way with in the r.o,w. The
DOT is hesitant to acquired additional land that is already
encumbered with that type of problem and that is what they are
struggling with right now.
Nov/ Deficiency on which they cannot build a bridge? What is the
real problem?
Woito/ It is a hazardous clean-up...superfund.
Nov/ But they have to clean it up anyway.
Woito/ No they don't. Not if they don't disturb it.
Horow/ They would leave the bridge there forever and ever?
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Woito/ Yes. If they don't disturb it they can leave it.
Pigott/
Fosse/ I don't know a lot about coal tar and how mobile it is in
soil ......
Horow/ How do we know i~ won't go into the creek?
Woito/ You don't.
Nov/
Fosse/ The bridge has got problems .... so if they decide they are
not going to widen the existing structure by reconstructing
it, they have go to look at options of replacing it within
existing r.o.w. or nursing this present structure along.
Arkins/ ...they are bound to disturb some of the r.o.w.
Fosse/ Yes .... Jeff has been working with the DOT on this. That for
some reason they are more comfortable disturbing their own
r.o.w ..... rather than acquiring additional .....
Nov/ But they got the liability.
Woito/ They don't want anymore.
Nov/ ...Anybody next door can claim that they are liable.
Atkins/ Why don't they go after the utility company?
Woito/ Maybe they are defunct. I don't know ......
Horow/ Bottom line is there a consensus here that we wait on this.
Kubby/ Yeah.
Horow/ We need signals from your office in terms of when you want
us to start all over again.
Fosse/ Okay.
Atkins/ But you expect us to bring it back to you.
Kubby/ .... have south side design plan .... DR Committee... more
options and ideas about landscaping .....
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Nov/
Make sure ..... bid in
better off waiting .....
inflation factor ......
an off season ..... the economics...
competition will probably offset the
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Construction Debris/Landfill Alternatives 95-57 S2
Arkins/ Two memos...very straight forward. We want to propose a
Wood Waste Separation Program at the landfill .... We would put
loads of untreated wood waste. We would reduce the tipping fee
to $30. We would process the clean wood waste with our yard
waste. The question is do you want us to do it?
Nov/ Untreated ....
Atkins/ It was proposed .... letter you got for the Homebuilders ....
We are ready to go .....
Kubby/ $30...is it still going to be a good incentive?
Horow/
Atkins/ $30.
Nov/ $30 for residents and non-residents.
Atkins/ $30 period.
Floyd Pelkey/ Wafer board...wouldn,t want to run through that .....
Talked to one company down in Fairfield, Iowa ..... Talked to
Mark Ebel .... wood chips ..... It is just something to look
at.
Atkins/ Is it a go?
Kubby/ Definitely.
Nov/ What they are wanting is construction wood chips or all wood
chips.
Pelkey/ They want wood chips from wood pallets ..... They don't want
anything from trees because of the bark .....
Horow/ Is this going to be in competition with Riverside pallet?
Pelkey/ I don't believe so ..... may be able to help out... As they
grow they are going to be needing more wood chips.
Horow/ All right. Next subject.
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Landfill Surcharqe Fees 95-57 S2
Arkins/ BottDm line is we have exceeded the 25% goal. Thereby the
state is going to reduce its tonnage fee by 25 cents which
amounts to $20,000 a year ..... Three choices: reduce the per
ton rate by the 25 cents; keep the 25 cents and direct it into
our reserves; or use it for out Toxic Clean Up ...... Reserves
are healthy ....
Kubby/ Toxic Clean Up...I would advocate that..osecondly reduce it.
Arkins/ As a staff, that is what we came up with ..... We don't have
a strong recommendation ....
Pigott/ Do the Toxic Waste-?
Nov/ While we are on Toxic Waste. What is the day and the time on
Toxic Waste?
Pelkey/ May 20 and it would be from 8:00 to 3:30 by appointment
only and appointments, we will be taking appointments 2 weeks
prior to the event.
Kubby/ Announce it tomorrow night.
Pelkey/
Atkins/ We need volunteers.
Nov/
Kubby/ I have all of that down.
Pelkey/ ... will be beautiful weather ....
Pigott/ Who do they call if they want to get people involved?
Pelkey/ Brad .... 365-5235.
Kubby/ I have all of that down .....
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BBops 95-57 S2
Atkins/ You asked that BBops be put on the agenda.
Horow/ Creative ideas.
Pigott/ Give out cookies on the bus .....
Kubby/
Horow/ Work with the bus business ....
Page 44
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Council Agenda/Time Continued 95-57 S2
2. Horow/ What is your idea for Winter Wonderland in July which is
the theme for 4th of July?
Kubby/ Someone suggested this to me...We wrap one of us in red
crepe paper .... some people are trying to cut through it ....
Horow/ Keep thinking ..... Think about something to do with
winter .... taking snow plow along ....
3o Baker/ Send a letter to Linda Murray telling her I have been the
unofficial rap to CCN but .... asking somebody else to be
stepping in ..... that is open.
Baker/ (Agenda #21a-CONSIDER A RECOMMENDATION FROM THE DESIGN
REVIEW COMMITTEE REGARDING THE PROPOSED DEVELOPMENT PROJECT ON
THE OLD PUBLIC LIBP~Y PARKING LOT SITE.)
Question about DR being asked to to look at the Carnegie
Plaza ....
Nov/ She recommended a courtesy review.
Horow/ I have a question...Larry, do you belong to the coop?
Baker/ Jim-
Horow/ James, do you belong to the coop.
Pigott/ I do, I am a coop member.
Horow/ And I do .... It occurred to me that we might have some sort
of a conflict of interest ....
Woito/ It is a very modest percentage ......
Horow/ All right, so we don't have any problems with that ....
Woito/ It is just so remote.
Kubby/
Horow/ Folks, did you just agree that you wanted DR to do a
courtesy?
Council/ Yes.
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Kubby/
5. Baker/ Proclamation on Teenage Sexuality .... period where there
should be a comma.
Horow/ Do you all really want me to read this tomorrow night?
Throg/ I don't ....
Atkins/ We get these in the office ....
Kubby/ ...I really think we should talk about it.
Baker/ I did have a question about ..... hard time interpreting our
council ....
Horow/ Most of the proclamations are geared towards this city .....
Throg/ .... But I think it is embarrassing to promote teenage
sexual abstinence. In particular 18 and 19 years olders are
teenagers ..... I don't think the government has any business
telling teenagers whether or not to engage in sexual behavior
...... challenge is to make sure they do it safely ..... The
language is something I can't support the way it is .....
Kubby/
Throg/
Baker/
Horow/ Even Healthy People 2000 has grants that are working on
this .... It is the government... public moneys ..... Done
within a prevention mode... preventing teenage pregnancies ....
Kubby/ I tend to agree with you on the abstinence issue and would
like to see we can talk to the people who presented this to
us ..... that deleted.
Horow/ Are there four people who wish to delete this?
Nov/ I would have no objections ....
Arkins/ Lorraine would know.
Horow/ Okay, let me look into it.
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April 24, 1995
Baker/ Jim .....
Throg/
Horow/ I would
encourage instead of
Throg/ No .....
Baker/
Throg/
Horow/
Council Work Session
whole discussion ....
Page 47
strongly ask whether you could live with the word
support.
Kubby/ There are a lot of young people practicing safe sex .....
Baker/ I think part of the problem is once you get past 18-19 you
are not dealing with my kids .... different group .....
Nov/ What difference does it make .... saying we are encouraging the
community to wear white ribbons.
Horow/ Folks, do you want to pull this one...?
Nov/ I have not problem pulling it ..... My feeling it was sent out
by the Governors's Office .... no problem pulling it.
Kubby/
Pigott/ Yank it.
6. Baker/ I will say this one more time, the volume of our packets
..... (Don't include disbursements)
Horow/ Is there a legal reason that these are on the agenda?
Karr/ Disbursements have to be approved. I don't know whether they
have to be included. We could have it on file.
Woito/ They don't have to be distributed. They just need to be
approved
Horow/ Agreed .... consensus here ....
Karr/ We still have to publish them...
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April 24, 1995 Council Work Session Page 48
Kubby/ When we get a petition, petition on file in the Clerk's
Office .....
7. Kubby/ I got a suggestion for an amendment to an ordinance that
sounds like it makes sense to me. This woman had her car
damaged by a dumpster that blew in the wind at an apartment
building and there is no law that says there has to be brakes
or...some kind of locking device on the dumpsters .....
property owner's insurance company...this has happened six
times and there is no basis for a claim because the city
doesn't have anything that requires the brakes on the
dumpsters.
Woito/ They are responsible for their property not damaging someone
else's property.
Kubby/ All I am doing is passing on. If we want to look at this. If
it takes just a split second of staff time.
Atkins/ It is easy to check for you.
Kubby/ Talked with the county, it was suggested at the
city/county meeting that we establish a time line for
discussion of the Fringe Area and we never really decided to
do that.
Horow/ It came in conflict with our CIP. We had suggested either
30/31 and -
Kubby/ ..... That that we say within seven months or some time frame
that we are going to deal with this ....
Atkins/ I keep on my list of pending agenda item... put a time on
it ....
Kubby/ I want us to have some resolution about it.
Nov/ Schedule that for a Joint City/County meeting with one item on
the agenda ......
Kubby/
Atkins/ You are saying pick a time.
Horow/ Sliding into the fall ....
Nov/ Go fo~ July or August .....
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Throg/ We need to have a negotiating posture ....
want .....
Page 49
that says what we
Kubby/ We have the negotiating power...have the legal right...we
are going to do what the state allows us to do .... much more
restrictive .....
Horow/ Give ourselves a four month...September 1 deadline before
that we must discuss it among ourselves.
Arkins/ I will have it back in front of you as a reminder
periodically.
9. Kubby/ We were asked by the DTA about Bus and Shop, decreasing
the Bus and Shop thing to $.35 .....
Atkins/ I will prepare some numbers for you.
Baker/
Atkins/ I was surprised to see it pop up in a letter ..... We will
run the numbers for you.
Nov/
Atkins/
Karr/ From $.50 to .35
Baker/
Nov/ What are we doing for the parking ....
Kubby/ It is $.35 for the parking and they want it to be the same.
10. Kubby/ Comes from update about Towncrest Relocation. The letter
received from Eagle .... Like us to send another letter that is
more firmly requesting September 1. There has been no movement
...... to demolish ..... and no site plan has been given to
Planning.
CHANGE TAPE TO REEL 95-58 SIDE 1
11. Pigott/ So we got a memo from council member Larry Baker about
sales tax and I think it would be smart to talk about it in an
informal session sometime.
Horow/ All right.
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April 24, 1995 Council Work Session Page 50
Arkins/ You have your meeting on the 11th.
Pigott/ Right.
Kubby/ I will not be at that meeting at all. I have office hours
and teaching at class .....
Arkins/ Do you want a separate discussion? Is that what you are
asking?
Horow/ You will not be at the May 11 meeting?
Kubby/ I have office hours every Thursday and I am teaching a class
at 6:00.
Baker/ I don't think we need to do it before May 11. We need to do
it before August.
Pigott/ I saw the memo...sometime.
12.
Nov/ I have a couple of questions. When we had a memo about
mediation with Nila Haug. It did not mention a city attorney
to be present at that. Shouldn,t there be one?
Woito/ There can be. I am sure Bey would be happy to participate or
Ann.
Nov/ It just seemed to me the kind of thing where there should be
somebody there for legal advice.
Woito/ Then Nile could want her attorney there and-
Kubby/ That kind of defeats the purpose of it and I think-
Woito/ There really aren't any legal issues in that. It is purely
communication .....
Kubby/ Something like that...both parties would have to agree to
who is present...
Woito/ I told Bey let the mediator set it up. It is their meeting.
So I didn't anticipate that Bey would be there.
13. Nov/ P/Z minutes...something about deferring annexation of the
water site.
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Page 51
Woito/ Yes. That was at my request. It was too hard to explain to
P/Z about the declaratory judgement action, the condemnation
appeals and all of that. And I said let's just wait until
things settle down and then we will annex.
Nov/ Okay.
14. Nov/ Is there any progress on cable t.v. and franchise?
Kubby/ And how can we be more aggressive and make it happen.
Helling/ You will get a memo from me hopefully by the end of the
week telling you where we are. We have meetings scheduled for
two weeks from tomorrow and-
Kubby/ I am getting very impatient.
Helling/ So are we. Let me just fill you in that way. It is
difficult. You have to have some strategies in negotiating and
so I am reluctant to talk about it but I think we are coming
to the end of the negotiations one way or the other.
15.
Nov/ We already touched on the Harvey Wehde and the sidewalk
issue. But I seem to remember somewhere back in the ancient
history of a couple of years ago we said if there were not
sidewalks installed during construction, there would be an
escrow account. What happened to that idea?
Woito/ We have done that on a case by case basis as needed. The
only time we have ever done it is if someone wanted to move in
and the weather was bad and the city staff really didn't want
a sidewalk installed at that time. Then we required an escrow.
I think we have only done like-
Nov/ Okay, I would like us to consider doing it on a more regular
system so that we don,t get these Harvey Wehde type letters
about how dare you ask me for $1000 to put in a sidewalk.
Woito/ I am sorry, I just saw that tonight.
Nov/ It seems like these kinds of things should not happen.
Atkins/ When I built my home...set money aside ....
Woito/ Did we issue a release erroneously? That does happen.
Nov/ Sorry, I can't tell you what happened but please read the
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letter and see if we can prevent this from future occurrences.
Adjourned:10:10 PM
Th~sre~resents~n~y~re8s~n~b~y~ccur~tetr~ns~r~pt~n~fthe~C~c~un~m~e~ng~fApri~24~1995~
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