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HomeMy WebLinkAbout1998-07-09 Transcription#2c Page 1 ITEM NO. 2c CONSIDER AN ORDINANCE CHANGING THE ZONING DESGINATION FOR 6.53 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) ZONE TO SENSITIVE AREAS OVERLAY (OSA-5) ZONE FOR PROPERTY LOCATED AT 2727 ROCHESTER AVENUE Lehman/This is second consideration and we have been asked for expedited consideration of this. Do we have a motion? Thomberry/I move that the rule requiring that ordinances must be considered and voted on at two Council meetings prior to the meeting at which it is finally to be passed be suspended and that the second consideration and vote be waived and that the ordinance be voted on for final passage at this time. Vanderhoef/Second. Lehman/Moved by Thornberry, seconded by Vanderhoef, that this be expedited. Discussion? Kubby/I'll be voting no. I think that we have already expedited it by holding the public heating, by having first consideration on the same meeting that we held the public hearing. I don't have a problem with voting on second consideration two days later because of our schedule and then voting for third and pass and adoption on the 28th. I think this is triple expedition and not appropriate. Norton/Do you have indication that somebody might or has a concem here, I mean Karen, I, in principle agree with that to allow time for somebody to come up with something but I haven't heard any... Kubby/But because there have been discussion with neighbors in the past things seem to have resolved but sometimes things work there way to the surface as it is reported and it is dealt with in the public realm. I don't think we give those things a chance to come to the surface again after people have seen that we've dealt with the issue. Vanderhoef/What specifically did the neighbors have? Kubby/I don't remember the specifics I just remember there was something. Vanderhoef/I don't recall any that's why I'm asking. Norton/No, no. Kubby/There was just some neighborhood discussion and John could speak to it if he wants but it's not really relevant to why I'm voting no for the expedition. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 9, 1998. F090998 #2c Page 2 Norton/Matter of principle you mean? Kubby/Well yea, I think we have three considerations for a purpose and I understand that right now it doesn't seem controversial and it probably isn't that's not really why I'm voting against this extra extra speeding up of this. Norton/Kinda like Russo, on principle. Beasley/I think I can address, John Beasley on behalf of the applicant. I think I can address a couple of the questions. First of all I've been to five or six public hearings on this subdivision either in informal or formal P&Z or in from of this group and I have not yet heard one negative comment on this rezoning or this subdivision. It's true there was a meeting with some of the neighbors and that was and that was a surprise issue to use in that one of the neighbors stood up and said, and I haven't this before, don't build the stormwater management facility use the one that's in the neighbor's back yard. And so Mike went out to talk to them about utilizing their stormwater management facility and everybody I think agreed it was too cumbersome to try and get everybody on board and would just use a planned in the preliminary plat and proposed to the public. Kubby/Again controversy or not that's not why I'm voting no for expedition. I will vote for final passage but I will note vote for this expedited... Beasley/And I would request that there is absolutely controversy that this that I have seen in several public meetings and would request expedited hearing based on summer scheduling to move this project along. Lehman/Let me just suggest that this rezoning to sensitive area changes absolutely nothing in the density. If this were not a sensitive areas we wouldn't be sitting here and they could build anyway. Vanderhoef/That's right. Lehman/And I think failing to expedite this is absolutely stone walling on the part of the council in view of the construction season and the fact that there's absolutely nobody objecting to this doesn't change the use of the property in any way shape or form. I see no reason whatsoever why we won't expedite it. Roll call. Kubby/Please note that we already have expedited it. Norton/Yea. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 9, 1998. F090998 #2c Page 3 Thornberry/And we're doing it again. Yep. Kubby/That's fine but you're acting like... Lehman/Roll call. (yes; Kubby, no) Thornberry/I move that the ordinance be finally adopted at this time. O'Donnell/Second Lehman/Moved by Thornberry, seconded by O'Donnell. Further discussion? Roll call (All Yes) This represents only a reasonably accurate transcription of the Iowa City council meeting of July 9, 1998. F090998 #2e Page 4 ITEM NO. 2e CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ZONING, ARTICLE A, ZONING TITLE, PURPOSE AND SCOPE, SECTION 4, SCOPE, TO ALLOW MORE THAN ONE PRINCIPLE BUILDING ON A LOT FOR RELIGIOUS USES PERMITTED BY SEPCIAL EXCEPTION IN RS ZONES AND THE RNC- 12 ZONE. Lehman/This was has also been requested for expedition. Thornberry/I move that the rule requiting that ordinances must be considered and vote on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. That the second consideration and vote be waived and that the ordinance be voted on for final passage at this time. O'Donnell/Second. Lehman/Moved by Lehman, seconded by O'Donnell. Discussion. Kubby/I will ditto my comments from item c. Lehman/Roll call (yes; Kubby-no) Lehman/Motion carried. Do we have a motion to pass? Thornberry/Sorry. I move that the ordinance be finally adopted at this time. Norton/Second Lehman/Moved by Thomberry, seconded by Norton. Discussion. Roll call. (Yes) This represents only a reasonably accurate transcription of the Iowa City council meeting of July 9, 1998. F090998 #2g Page 5 ITEM NO. 2g CONSIDER AN ORDINANCE VACATING THE NORTHERN 200 FEET OF THE ALLEY BETWEEN LAFAYETTE STREET AND BENTON STREET, WEST OF DUBUQUE STREET, IOWA CITY, IOWA. Lehman/This is second consideration. Norton/Move second consideration. Thornberry/Second. Lehman/Moved by Norton, seconded by Thornberry. Discussion. Thornberry/I will not collapse this. Lehman/Surprise, surprise. Roll call (yes) This represents only a reasonably accurate transcription of the Iowa City council meeting of July 9, 1998. F090998 #3 Page 6 ITEM NO. 3 CONSIDER A RESOLUTION OF INTENT TO LEASE APPROXIMATELY 5 ACRES OF CITY-OWNED LAND ON THE LOWER PENNINSULA TO THE BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE U.S.A. CORP., LODGE NO. 590 FOR USE AS A GOLF DRIVING RANGE, AND SETTING A PUBLIC HEARING FOR JULY 28, 1998. Thornberry/Move to set the public heating. Dilkes/We're going to need...I haven't gotten a final proposal from the Elks that we need to proceed with this item so we'll have to defer it. I should note too that the final area that they are looking at, I think, is more like 3.7 acres as opposed to 5. Lehman/Asking for deferral? Sorry go ahead. Kubby/When this comes back to us I would prefer that the, if possible, to separate setting the public hearing from the intent to lease. Norton/Yes. Kubby/Is that legally possible? Lehman/Don't you have to have a purpose for the public heating though? Kubby/Well, the purpose of the public heating would be whether or not to lease but I don't want to put my name on the intent to lease at this point .... Lehman/Fine I don't care. Kubby/...before I hear the public hearing. Dilkes/I don't think you would set the public heating unless you did a resolution of intent. I mean the purpose of having the public heating is to allow the public to comment on your intent to lease. Kubby/Okay. Norton/Doesn't commit you in other words. Thomberry/We're tabling this anyway so. Kubby/Move to defer to the 281h? Dilkes/Indefinitely. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 9, 1998. F090998 #3 Page 7 Kubby/Oh indefinitely. Thornberry/I'll withdrawn my original motion. Lehman/Fine. Now we have a motion to defer by Karen. Norton/Second. Lehman/Now we have a motion to defer by Karen, seconded by Norton. All in favor? (all ayes) Deferred indefinitely Norton/Pardon me Ernie. Before we leave that. I just wanted to be sure will that new proposal from the Elks go back to P & R and the Riverfront? Dilkes/It's not really a new proposal. It's just that because this is a proposal generated by them I need a document from them that incorporates the terms of their proposal including a description of the area that they want to lease. Norton/And a really good sketch, a really good diagram. Dilkes/We just haven't .... right. I think Chuck Schmadeke has helped them with that and I really think it's pretty much ready to go they just didn't get it they just didn't get it to us so. I think that the time crunch has passed because the people that were in there doing the seeding for the golf holes have now gone and so I don't think it's a big time crunch for them at this point. Lehman/Okay. Kubby/The principle behind the recommendation will not have changed? Norton/Understand. Kubby/Depending on? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 9, 1998. F090998 #5 Page 8 ITEM NO. 5 CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JULY 28, 1998 ON THE PROPOSED ORDINANCE AMENDING THE CITY CODE OF THE CITY OF IOWA CITY, IOWA BY ENACTING A NEW SECTION NUMBERED 8-5-8, ENTITLED "NUISANCE PARTY REGULATIONS," PROVIDING FOR THE DEFINITION AND REGULATION OF NUISANCE PARTIES, AND PROVIDING A PENALTY FOR VIOLATIONS OF SAID REGULATIONS. Norton/Move we set the public heating. Lehman/Moved by Norton. O'Donnell/Second. Lehman/Seconded by O'Donnell. Discussion. Kubby/I have never voted against setting a public heating but I will this time because of the date. I think the date is inappropriate for the content of the ordinance where many people who might be interested in this issue are not around. Champion/And I agree with Karen that this public heating needs to held later. Lehman/I would suggest that if we have the public heating Steve I would like at that time to have a recommendation from R.J. as to the position of the Police Department and how they feel this would affect their ability to "keep the peace", if you will. Further discussion. Norton/Could we...We could also consider at that public hearing to continue it could we not. Lehman/Can always do that. Norton/So that might be wise. Champion/I think this is totally aimed at college students and it's not when they're here. I think it's totally aimed at college students and I consider it almost discriminatory. O'Donnell/I also think it is an attempt to curb underage drinking and I'm going to support it. Lehman/Roll call (yes; Kubby, Champion-no) This represents only a reasonably accurate transcription of the Iowa City council meeting of July 9, 1998. F090998