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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. This represents only a reasonably accurate transcription of the Iowa City Council work session February 17, 2004. 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) This represents only a reasonably accurate transcription of the Iowa City Council work session February 17, 2004. 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? This represents only a reasonably accurate transcription of the Iowa City Council work session February 17, 2004. 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. This represents only a reasonably accurate transcription of the Iowa City Council work session February 17, 2004. 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? This represents only a reasonably accurate transcription of the Iowa City Council work session February 17, 2004. February 17, 2004 Council Work Session Page 6 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. This represents only a reasonably accurate transcription of the Iowa City Council work session February 17, 2004. February 17, 2004 Council Work Session Page 7 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 This represents only a reasonably accurate n'anscription of the Iowa City Council work session February 17, 2004. February 17, 2004 Council Work Session Page 8 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.