HomeMy WebLinkAbout2004-02-17 TranscriptionFebruary 17, 2004 Council Work Session Page 1
February 17, 2004 Special Council Work Session 6:30 PM
Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn
Staff'.' Atkins, Dilkes, Franklin, Helling, Karr
TAPE: 04-17, SIDE ONE
REVIEW ZONING ITEMS
a. AMENDING THE ZONING CODE REGARDING REQUIREMENTS FOR
RELIGIOUS INSTITUTIONS IN TIlE COMMERCIAL OFFICE (CO-l) ZONE.
(1) PUBLIC HEARING
(2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Franklin/OK. The first item is a public hearing on amending the zoning code regarding
requirements for religious institutions in the Commercial Office zone. This was
precipitated by a request from a particular church but is something that will apply across
the city and, in fact, would be something that we would be addressing in the
Development Code changes. The issue the fact that religious institutions in the
Commercial Office zone, as the code is now written, are treated differently than religious
institutions in any other commercial zone. The only reason I can think of why that was
was probably because the CO-1 zone, or Commercial Office, was envisioned as a
transition zone between residential and commercial, and so therefore would be proximate
to residential zones, and so that more requirements were put on that were similar to the
residential zones. Ho~vever, looking at this, it doesn't seem that the distinctions that are
being drawn; that is, the lot size and the setback requirements, are necessarily fair or
reasonable, particularly as we're looking at the larger picture. But because it is the CO-I
zone and there may be that proximity to residential, the recommendation for this
amendment is that they be treated as special exceptions but they don't have to have that
minimum lot size of the 40,000 square feet, which is almost an acre, and they don't have
to have the setback requirements in all cases. So, we would look at the ones as they come
in. That's what is recommended to you by Planning and Zoning on a vote of 7-0, and the
staffrecommended approval likewise.
Vanderhoef/Tell me how the parking requirement works with something like this.
Franklin/The parking requirement would stay the same.
Vanderhoef/Which is?
Franklin/It's related to the size of the largest room that's used for worship.
Vanderhoeff Oh, OK.
Franklin/That's just the way religious institutions are dealt with no~v.
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February 17, 2004 Council Work Session Page 2
Vanderhoef/Mm-hmm.
Franklin/OK? That's on for public hearing and first consideration if you so choose.
b. CONSIDER AN ORDINANCE REZONING APPROXIMATELY 1.26 ACRES OF
PROPERTY FROM CENTRAL BUSINESS SUPPORT ZONE (CB-5) TO
PUBLIC/CENTRAL BUSINESS SUPPORT ZONE (P/CB-5) FOR THE EAST
HALF OF BLOCK 102 EXCEPT THE 301 SOUTH DUBUQUE STREET
PROPERTY. (REZ03-00028) (SECOND CONSIDERATION)
Franklin/Item b is second consideration on the rezoning for the Court Street Transportation
Center block there. That's CB-5 to P/CB-5.
c. CONSIDER AN ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY
LOCATED ADJACENT TO 425 BELDON AVENUE. (VAC03-00004) (SECOND
CONSIDERATION)
Franklin/ item c, second consideration on the vacation of a portion of Grove Street.
d. CONSIDER AN ORDINANCE REZONING APPROXIMATELY 26.98 ACRES FROM
HIGHWAY COMMERCIAL, CH-l, TO SENSITIVE AREAS OVERLAY
(SAO/CH-1) FOR PROPERTY LOCATED WEST OF MORMON TREK
BOULEVARD AND SOUTH OF HIGHWAY 1. (REZ03-00027) (DEFERRED
FROM 2/3) (PASS AND ADOPT)
e. CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF JRR
DAVIS ADDITION, IOWA CITY, IOWA (DEFERRED FROM 2/3) (SUB03-00027)
Franklin/Item d and e which we had been waiting for Wetland Compensatory Mitigation Plan
approval from the Corps, we have received the verbal approval. We have a permit
number, and so we would advise you to go ahead and act on these two items now. We
expect to have the paperwork by the end of this week.
f. CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF
SANDHILL ESTATES, IOWA CITY, IOWA (SUB03-00028)
Franklin/And then, Item f is the final plat of Sandhill Estates, and I think we've been over that in
some detail, unless there's any questions?
O'Donnell/OK.
Franklin/Was that less then 10 or what?
(Laughter)
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February 17, 2004 Council Work Session Page 3
Franklin/Well, I didn't know about that requirement.
Atkins/I didn't either.
Franklin/Next time.
Vanderhoef/Well, you can be back by the time we're done with the rest of the---
(Laughter)
Franklin/Thanks, Dee.
Vanderhoef/You're welcome.
AGENDA ITEMS
Wilburn/OK. Other agenda items?
Vanderhoef/OK. Letters.
14. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF
PROPERTY LOCALLY KNOWN AS 925 WASHINGTON STREET, WHICH IS
A PUBLIC NUISANCE FOR THE PURPOSE OF ABATING THE NUISANCE.
Elliotff I had to look in the dictionary to find out what "jury rigged" was. Now I'm aware.
Champion/It's how you fix your refrigerator when it's broken.
O'Donnell/Would you like to enlighten us, Bob?
Atkins/How about bubblegum and baling wire?
O'Donnell/That's it.
Elliott/That's it.
Atkins/There you go.
Champion/I thought duct tape was the almighty fixer.
Atkins/Duct tape will be, yes.
O'Donnell/No, that's Red Green.
Wilburn/Any other questions?
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February 17, 2004 Council Work Session Page 4
5. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
g. (4) SAFE ZONE FOR KIDS: KYLE BINGHAM, STEPHANIE PECK.
Vanderhoef/Yeah, I do. The skate park. I know the equipment was getting old that was out at
Mercer Park, but there was a letter here that just sort of pointed out that the new skate
park is less than friendly to the very young and beginning skaters. And I wondered if any
of that equipment is still useable, whether it's been up or not?
Atkins/If I recall, we opened the skate park, that is, the one at Terrill Mill, we pretty much
abandoned any operations at Mercer. And those wood ramps were pretty buggered up.
They'd reached the point where there wasn't any reason to invest in them, and if I recall,
the Parks and Recreation Commission was a little concerned about we couldn't supervise
that as well. The equipment didn't meet certain standards, things of that nature, because,
remember, it was intended to be temporary.
Vanderhoef/Oh, I am aware of that.
Atkins/(can't hear) Frankly, we can build stuff if you want to.
Wilburn/I thought the big stuffwas that it was pretty banged up.
Atkins/Yeah.
Vanderhoef/I think so, too. And whether it was all pitched or not, but I still would be interested
in simple kind of equipment out there.
Atkins/Simple ramps for little ones?
Vanderhoef/Simple ramps for little ones, if the Parks and Recreation would agree with us, and
those I would also think probably wouldn't be used late night, which was some of the
talk.
Atkins/I suspect you can pretty much make any rule you want, just simply after dark, we
wouldn't do it because of the summertime (can't hear)
Vanderhoef/Nine o'clock, 9:30.
Atkins/No one's paying any attention to us, Dee.
(Laughter)
Elliott/Above and beyond, thank you.
Vanderhoef/Yes, thank you.
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February 17, 2004 Council Work Session Page 5
Atkins/Excuse me. If you're interested in it, I mean, we'd probably have to send something out
to the Commission, at least get an opinion from them.
Vanderhoef/Is anyone else interested?
Champion/It'd be kind of nice to have some kind of low ground ramps over by the regular skate
park. I don't think I'd want it at Mercer again. I think the next stage should be permanent
if they're going to be there.
Atkins/Now, that's a different story.
Vanderhoef/Yeah.
Atkins/Because once you dig into the ground, you've got water table and other things.
Vanderhoef/And that doesn't get at the kids being able to get there by themselves.
Champion/I see, I don't know. My kids rode bikes to City Park.
Wilburn/Maybe we could get a comment from the Commission, if there's any interest in.
Champion/Yeah.
Atkins/OK.
Vanderhoef/i'd be
Atkins/I'll send something out to them.
Vanderhoef/...curious to---
Champion/ I mean, if you're interested in them getting there by themselves, if you put it at
Mercer, then that means that only kids that live on the east side of town can get to it.
Bailey/Right.
Champion/So, I mean, they might have a problem, too.
Atkins/i'll communicate with the Commission.
Vanderhoef/It's possible, Connie, that if it works for simply putting it at Mercer that we could
do the same thing at Willow Creek Park.
Atkins/At where?
Bailey/Willow Creek. Is that what you said?
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Atkins/I just think
Vanderhoef/At Willow Creek on the west side, but---
Atkins/The wooden ones were not anchored right and I do know a couple of them sprouted legs
and we had to build some other. And we need someone there--a parks person--to put it
away at night. But if ~ve're just talking a couple ofpieces---
Vanderhoef/Learning equipment.
Atkins/OK.
Bailey/For little ones.
Vanderhoef/Mm-hmm.
14. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF
PROPERTY LOCALLY KNOWN AS 925 WASHINGTON STREET, WHICH IS
A PUBLIC NUISANCE FOR THE PURPOSE OF ABATING THE NUISANCE.
Elliott/Ross, I have a question. I am quite certain I know the answer. Item 14. I made a note this
is that last resort situation of acquiring property. Is there any manner or means by which
we can recoup some of the money that's spent on getting to this stage? In other words, it
takes an immense amount of staff time, I would assume, to go out and record and go back
and check and quite often it's in litigation to a higher court.
Dilkes/There are ways of recouping those costs when you file for a municipal infraction. What
this is doing is seeking authority to condemn and the statute is quite clear that the
Condemnation Commission will make an award and we can resell it, and we must resell
it for residential property for the amount of the award.
Elliott/Same price. OK.
Wilburn/I would think the main thing though is getting (can't hear) for the public. I understand
that you're concerned about trying to help our costs down.
Elliott/Yeah.
Dilkes/I think the other point is is that if we continue it, if we allow it to continue as it is, we'll
continue to incur additional costs, most likely.
Bailey/Mm-hmm.
O'Donnell/Good question.
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5. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
g. CORRESPONDENCE. (12) TIM FITZGERALD: ABANDONED CAR SHOP
Vanderhoef/This abandoned car shop--is that out in the county? The Wycome Road and the
Stratford Road?
Atkins/Well, it has to--what was it again?
Vanderhoef/Well, it was the number 12 letter in---
Atkins/Just a second, Dee, let me take a look at it.
Vanderhoef/Wisen Road and Stratford Road. I didn't see it on the county map but I didn't see it.
Atkins/I've never heard of it.
Vanderhoef/I don't know where that---
Bailey/ I tried to find it---
Vanderhoef/I've got a county map and I didn't find it there either. But if it's out, if it isn't in our
jurisdiction we ought to let them know.
Atkins/I don't recognize either one of those city street names. We'll communicate with the
person.
Vanderhoef/Yeah, I don't know.
Wilbum/So we can (can't hear), get back to us, Steve?
Atkins/Yes, we will.
Wilbum/All right, great.
Atkins/OK.
10. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE,
ENT1TLED "USE OF PUBLIC WAYS AND PROPERTY," TO CREATE A
UNIFORM PERMITTING PROCESS, TO ESTABLISH REQUIREMENTS FOR
THE FARMERS MARKET, TO PROVIDE FOR THE NONCOMMERCIAL
PLACEMENT OF OBJECTS IN CITY PLAZA ON A TEMPORARY BASIS, TO
MODIFY THE PROVISION ON RESIDENTIAL PICKETING, TO CLARIFY
THE CURRENT PROVISIONS ON REGULATING MOBILE VENDORS AND
AMBULATORY VENDORS, TO CODIFY SPECIFIC ADMINISTRATIVE
RULES AFFECTING SAID VENDORS, AND TO MAKE ADDITIONAL
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NONSUBSTANTIVE C}tANGES. (SECOND CONSIDERATION)
Bailey/Has anybody else had calls on Item 10, the public use of public ways and property?
Because I have a list of questions that I'm just going to go through so that there is some
public answers tonight. I guess I was the only person who got---
Champion/Yes, I have had phone calls about that.
Bailey/OK.
Champion/And I was intending to discuss it a little bit at the meeting when it comes up.
Bailey/Great, great.
Wilburn/I think what I'll do, Regenia, since you have some questions, I'11, if there's anyone who
wants to come forward, I'll let them know that we'll take the public comment after
Council has a chance to banter.
Bailey/OK. Yeah, I think if we do some of these and get some answers to these questions
publicly, that perhaps the public will have the answers that they need.
Elliott/I've had calls also on that.
Bailey/Oh, you have.
Elliott/Yeah.
Bailey/OK.
Wilburn/Any other Agenda Items? Do you want to do Council Time or hold up for the other
one?
O'Donnell/Let's do the end of the meeting.
Wilburn/OK, all right. Let's take a break until 7:00 o'clock.
This represents only a reasonably accurate transcription of the Iowa City Council work session February 17, 2004.