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HomeMy WebLinkAbout2002-01-07 Transcription#2 Page 1 ITEM NO. 2. CONSIDER AN ORDINANCE CItANGING THE ZONING DESIGNATION OF 4.01 ACRES LOCATED EAST OF HARLOCKE STREET FROM HIGH-DENSITY MULTI- FAMILY RESIDENTIAL (RM-44) TO SENSITIVE AREAS OVERLAY-44 (OSA-44). (SECOND CONSIDERATION). Lehman: At this point I'll turn the meeting over to Mayor Pro tem, I have a conflict with item two and Vanderhoef will handle that item. Vanderhoefi (Reads item). O'Donnell: Move second consideration. Champion: Second. Vanderhoef: Moved by O'Dormell, seconded by Champion. Discussion? Kanner: I have a question for Dave Brown, our attorney on this issue. I was wondering Dave if you could come up here to the microphone? We've obviously decided not to appeal this case. We have similar cases coming up in the future with rezoning that because of possible sensitive areas. Up in the Press Citizen area there is a possible case that will come before us. Could be similar to this there's a lot of contention. And we'll be looking at a possible sensitive areas overlay. Do we go through the whole scenario again? What if we vote no for that one? What if there are people who vote no on that one? And also, how will other courts look at this? Will they use this as a case example in other jurisdictions throughout Iowa? Will they site this if similar issues come up? Because I think this case has repercussions about the powers and abilities of City Council to make these kinds of decisions and so I was wondering if you could just speak to that for just a moment or two on those two issues. David Brown: Well the Southgate ruling is fact specific to the facts in the Southgate case and in terms of that case having any presidential value, I don't think it really does except for how it applies in the Southgate fact situation. In terms of whether this issue is going to come up again, I think it really depends upon the facts of the particular case, in terms of other situations that might involve this ordinance it's really going to be fact specific in terms of how the Council views the particular application and how the Council votes. So I don't think you can necessarily generalize in terms of what the outcome might be in some other case. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 7, 2002. #2 Page 2 Kanner: So ifa sensitive areas rezoning comes before Council, we look at it individually and based on the facts that are presented for that? Brown: Absolutely. Kanner: And do we take into account the judge's ruling on this case, in furore cases? Brown: Only if it's identical or very similar to the facts of the Southgate case. Kanner: OK. Thank you. Brown: Any other questions from the Council? Vanderhoef: Any other discussion? Roll Call. Motion carries. 4 with 2 abstentions. Karr: And according to the resolution and policy before Council the abstentions count as an affirmative with the majority vote. Vanderhoef: Yes. This represents only a reasonable accurate transcription of the Iowa City Council Meeting of January 7, 2002.