City Council addresses off-street parking lot paving requirements at planning session

By Kelly Terpstra, kterpstra@charlescitypress.com

Waivers for paved off-street parking lot requirements were discussed at a Charles City Council planning session on Monday evening.

The parking lot at Cedar Valley Auction Co., located at 1206 Gilbert St., is requesting a waiver from the requirement for paved parking in the city’s ordinance.

Jerry Hegtvedt, owner of the business, demolished a dwelling at 1204 Gilbert St. in June of 2015 that sat straight east of the auction building. That property has been used as a gravel parking area and storage space for Hegtvedt’s company vehicles and equipment.

The city requires all off-street parking areas adjacent to arterial or minor arterial streets to be paved with concrete or hot asphalt.

Hegtvedt received a district court order in 2017 that prohibited the use of the aforementioned lot for off-street parking. After deciding to revise the off-street parking lot paving requirements, the city decided to wait to further pursue the issue. After approving new paving requirements, the city filed a municipal infraction against Hegtvedt to comply with the city code.

“The waiver for Mills was granted with the thought in mind that they we were going to be redoing the ordinance, revising that – making those changes. We didn’t want to enforce an ordinance we knew we were going to change,” said City Engineer John Fallis.

Hegtvedt stated that paving the parking lot is not cost effective and an estimated cost to get the work done would be in the range of $30,000-$40,000. He said the space is 160 by 100 feet and it would cost $7 per square foot to get concrete work done and around $4.50 per square foot for hot asphalt.

“All I’m asking for is a viable, alternative option, if it’s possible. If not, yes, the other option would be to take it back to green space,” said Hegtvedt.

The Planning and Zoning Commission is recommending to the council that the Cedar Valley Auction Co. receive a waiver until May 1, 2020. Hegtvedt must then remove all items from the rocked surface and bring the area into compliance by getting it paved by Aug. 31, 2020.

Hegtvedt has also suggested a privacy fence could be built to alleviate the situation. He said if that option doesn’t work, he may just have to move his business elsewhere.

“I think this is absurd that we’re four years into this now and we’re still having this conversation,” said a frustrated Hegtvedt. “To me, maybe our business does not fit that location anymore. Maybe we’re just at that point and I think that’s a travesty.”

The question was then arose if Hegtvedt would move all machinery off the property at 1204 Gilbert St., would he have to comply with the off-street paving requirements for parking lots?

“We don’t have that written anywhere. It’s very unclear to the property owners what we want and why we want it,” said Mayor Dean Andrews.

Some of the reasons stated for why the ordinance is in effect are for aesthetic purposes, functionality and safety, according to many at the workshop.

Andrews, along with others, said there needed to be more clarification as to what the ordinance actually states.

“So if Jerry says, ‘when it comes May 7th or whatever it is, I’m not going to pave it. I’ll move all my vehicles.’ That lot’s going to look the same as it is today. Then what’s our recourse? What do we say then?” said Andrews. “We haven’t accomplished anything.”

Ultimately, the council decided that all parties involved, including P&Z, need to discuss the matter further before the issue gets put as an agenda item up for vote at a regular meeting.

“I know we don’t want gravel parking lots in town. We don’t want to be that town. What’s the purpose we’re seeking that? Aesthetics, functionality, what is it?” said council member Michael Hammond.

Andrews summed up his take on the matter.

“I want to be a paved community, not a gravel community,” said Andrews.

The property at 1105 South Grand, the new location of the Bread of Life Market, also requested a waiver from the off-street paved parking requirement. Bread of Life owner Shelly Tilton leases the building from owner Jesse Marzen.

The building used to house Marzen’s Towing and a new certificate of occupancy permit will be issued. This makes the business subject to the off-street parking and loading requirements that are listed in Chapter 22 of the city code.

A request for a two-year waiver has been recommended by P&Z.

Two reasons justifying the waiver are ownership of the building is currently in probate due to the death of Marzen’s dad, Dean Marzen, and the Bread of Life is a non-profit organization and doesn’t have the funds to pave the parking lot.

Plans now are to use the existing concrete pad at the building’s entry door for handicapped parking. The rest of the aggregate surface would be used for additional parking.

“At the end of two years, it needs to be done,” said Diers, commenting about what P&Z has conveyed to the city. “It’s not two years and revisit. What do you do at that point if it’s not?”

The item will be on the agenda at the Nov. 4 regular meeting.

City Engineer Fallis presented to the council a preliminary six-year plan for street work to be done in the city. The timeline has several projects slated to be undertaken all the way up to 2025.

The Cedar Street and Clinton Street Overlay asphalt projects are two of the bigger undertakings for the plans mapped out for 2020. The two projects encapsulate 15 city blocks.

Another key project featured in the plan for 2021 is the Highway 18 asphalt project that is an Iowa Department of Transportation Project in conjunction with that city that would pave 16 blocks from Gilbert Street all the way to Superior Lumber.

The Charles City Arts Center, owned by the city, applied for a cultural and entertainment grant to build a new handicapped restroom near the elevator. The cost for the project is in the ballpark of around $4,000.