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HomeMy WebLinkAbout1977-02-15 Bd Comm. MinutesI__ MINUTES COMP111:11iNSIVI: PLAN COORDINATING COMb41'171!1! FEBRUARY 2, 1977 -- 12:00 NOON CI'T'Y MANAGER'S CONFERENCH ROOM MEMBERS PRESENT: Ogesen, deProsse, Jakubsun, Neuhauser, ferret MEMBERS ABSENT: Blum, Cain, Vetter GUEST'S PRESENT: Jim Lindberg REPRESENTATIVES OF JO. CO. REG. PLNG. COMM. (JCRPC): Emil Brandt, Isabel 'turner, Mary McCue, Doris Bridgeman STAFF PRESENT: Kraft, Geshwiler, Milkman, Bowlin, Spaziani, Child Marianne Milkman, Assistant Planner, asked Committee members whether any corrections or changes should be made in the Iowa City Comprehensive Planning Process. The following changes were suggested: 1) The words "etc." should be deleted; 2) The word "periodic" in Section V on page 2 should be deleted; and 3) Section V entitled "What Next?" should include a statement that the Planning and Zoning Commission will be responsible for reviewing the Comprehensive Plan every two years to update and/or amend the Plan as needed. Emil Brandt, Director of JCRPC, questioned when the Comprehensive Plan Coordinating Committee (CPCC) would be phased out. Committee member Neuhauser said the Committee would be phased out when the Comprehensive Plan is formally adopted by City Council. deProsse suggested that the Committee stay in existence to add input to the human Services Plan. Milkman indicated that Ron Thomas, representative of Attic and Cellar, was anxious to know of subjects that should or should not be included in the general survey. Neuhauser stated that the subject of Urban Renewal was not to be ignored but, rather, questions should not be asked that might relate to Urban Renewal decisions that have already been made. deProsse suggested the advisability of asking questions relating to proposed Highway 518. Milkman stated that Attic and Cellar Is looking for information to ascertain the "flavor of the community", e.g., (low do you feel about Iowa City?, What can be done to make Iowa City better? Rick Geshwiler, Senior Planner, stated that the information must be interesting enough to elicit response. Ogesen suggested that mention should be made of the reasons for starting a Comprehensive Plan. Justification of the entire comprehensive planning process should be a high priority Item, he said. Sasaki Associates Is also looking for a list of things citizens can do to become Involved in the community, Milkman said. Geshwiler noted that many people had expressed an interest in donating time and would like to "do something good for the community". Committee members offered some suggestions for citizen Involvement. deProsse stated that it would seem advisable to keep a list of those people who are willing to give time and Nervice to the City, 317 • 0 Geshwiler gave a oriel' !mnnary of, planning( work and stated that rrork was completed all the following roporls: I'npulnlion, land Ilse, Vegetation Olide, Parks and Schools, :ind Trafl'icways. The (lousing report should he completed soon, he said, and the next report to be completed will he the report on Land Use Locational Factors. Milkman stated that after comparing the cost of mailing out the general surveys to printing them in local newspapers, it was determined that it would be much cheaper to mail them to each household. Geshwiler pointed out that mailing them to individual households would avoid duplication. A motion was made by Jakobsen, seconded by deProsse, to recommend that the general survey be distributed throughout the community by mailing the surveys to households. The motion carried unanimously. ------------------------ Isabel Turner, Chairperson of the JCRPC Executive Board, stated that the Iluman,Services Steering Committee sent to the City some changes they would like incorporated into the Comprehensive Plan Detailed Work Program. Emil Brandt, Isabel Turner, and Mary McCue gave a presentation on Human Services Planning and explained that Constance lichternach had been hired as a Human Services Planner. Mary McCue described a Human Services work plan and the contacts that had been made with numerous organizations that would be involved. She discussed the composition of the Human Services Committee and indicated that subcommittees would probably be needed. Isabel Turner state(] that JCRPC was hopeful of including some questions in the general survey to he completed by Sasaki Associates. Carol Spaziani pointed out the need to have a uniform category of definitions for recording needs and services provided. Milkman questioned when it would be most appropriate to have a press briefing on the Comprehensive Plan. Committee member Jakobsen suggested that a press briefing should be held prior to the mailing of the general survey and when some "hard data" was obtained. ------------------------ Geshwiler introduced Jim Lindberg as the University's representative to participate in the comprehensive planning program. Jakobsen explained that CPCC hoped to run the results of the general and sample surveys on the University computer. Neuhauser suggested that Neal Merlin be contacted regarding contractual arrangements for the use of the University computer. ------------------------ The next meeting was scheduled for February 10, 1977 at 7:30 p.m. In the City Manager's Conference Room. Prepared hy: Sherry UCb Secretary Approved by:_4�-j't�kL�pd�/ .I:r e.lnkolsmr lirr 1':/tt. Cald, CI'C(: Secretary MINUTES IOWA CITY RIVERFRONT COMMISSION CITY MANAGER'S CONFERENCE ROOM . FEBRUARY 2, 1977 MEMBERS PRESENT: Brandrup, Fahr, Fountain, Horton, Lindberg, Woodruff MEMBERS NT: Campbell, Epley, McLaughlin, Neuzil, Vetter STAFF PRESENT, Flowers, Milkman, Ryan GUESTS: Mrs. Howard Fountain RECOMMENDATIONS TO THE CITY COUNCIL: 1. That the Flood Plain Management Ordinance be adopted. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The Iowa City Riverfront Commission F met in presiding) Session on Wednesday, February 2, 1977, with Chairperson Milkman reported on the proposed Flood Plain Management Ordinance, indicaain that it ted that thecordinanceonsisted owould bef the slhowevermumore restrictive eral regultthan She the Federal regulations in two areas regarding residential basements • and the automatic variance for � acre lots. She noted that there was .11.02.11 E -- 608 was changed to 508. She also a change in Section 8ion would be added under 8.11.02.11 regarding the indicated that a sect new de requirementof radinermfillits foetcll and that)#5munder 1Section ls 1 1.02117 including g g. Angela Ryan, Assistant regarding appeals to the court would be deleted. City Attorney, explained that the ordinance could be amended in the future to be more restrictive, but it could not be made less restrictive. here was discussion of a river corridor zone and whether or not to was ain anconcensuse. ha zone that the1n the ComprehensivelPlanMwouldmbetthe best place toeincor- porate such a zone. * Following further discussion, Brandrup moved and Woodruff seconded that the Flood Plain Management Ordinance be adopted. Unanimous. Fahr appointed Woodruff to replace Carrie Bassett on the Parks, Recre- ation and Open Space Committee of the Johnson County Regional Planning Commission. cerned about the proposed site for the Fountain indicated that he was con at that will be discussed at later sewer plant. It was pointed out th meeting. •her business, the meeting was adjourned at 4:55 P.M. There being no furt Respectfully submitted, E en It. Flowers, Secretary 318 MINUTES HUMAN RELATIONS CONWISSION JANUARY 24, 1977 7:30 P.M. CITY MANAGER'S CONFERENCE ROOM W9306 PRI W: Woodard Madison Matsumoto Scott Constantino Oleson (7:38) Gilroy (7:40) Braverman (8:00) ht MEMS SENT: None PRIOR CMISSICN ,MRIBER PRESENT: Smith STAFF maMERS PRISM: Ryan Morgan RECOhI%ODATIONS 10 111E CITY COUNCIL 1. The Commission recamrends to the City Council that the name of the Human Relations Ordinance be changed to Human Rights Ordinance. The motion was made by Braverman and seconded by Madison. The motion carried. 2. The Corrmission has made some minor changes in the ordinance which the City Council has already received. A summary of these changes will be presented to the City Council at their informal hearing of the new ordinance. RE(Aht<fE2IDATI0NS 10 TI[E STAFF AND CITY MANAGER 1. The Commission requested that the staff provide a chart for how long complainants have to file under other Civil Rights Statutes. The motion was made by Gilroy and carried. Constantino stated she had such a chart. 2. The staff was requested to provide a copy of the School Boards affirmative action policy to the Affirmative Action CaTmittee of the Carrnission. PENDING ITEMS NONE. 317 0 0 SLABIARY OF RELEVANT DISCUSSION The meeting was called to order by 51ni th. Guests were Ralph Cooly, a student at the University, and Mr. Flemming, from KXIC. The minutes were approved with the following corrections: On page 4, Section 10.2.5 -Rousing: It ivas to read four rooms or fewer instead of less than four rooms. On page 4, Section 10.2.11-10.2. IS: The notion on Section 10.2.11, subsection C was intended to refer to all eight sections rather than just that one. Page 5, Pre -determination Settlement: The definition was incorrect. A. ELECfICNS 1. Chairperson - Scott was nominated by Matsumoto, seconded by Oleson. Woodard moved and Matsumoto seconded that nominations cease. Scott was elected by unanimous acclamation. 2. Vice -chair - Woodard was nominated for vice -chair by Matsumoto, seconded by Constantino. Constantino moved and Gilroy seconded nominations cease. Woodard was elected unanimously. 3. Secretary - Ragland was nominated by Madison, seconded by 61a.tsumoto. She was elected unanimously. There was some discussion on whether it was appropriate to have as Secretary of the Commission a staff member rather than a Commission member. B. ORGANIZATIONAL SMUCIURE FOR 1977 Scott reviewed a memo on the organizational structure for the 1977 Commission. Gilroy roved and Oleson seconded to adopt this plan. The nation carried after some discussion. Commissioners were assigned to the following comnitties: 1. Education and ordinance implementation - Ni tsunoto, Braverman, Oleson, Scott (ex officio). 2. Complaint processing - Gilrvy, Constantino, Scott (ex officio). 3. Outreach/Advocacy - Madison, Oleson, Woodard (ex officio). 4, Affirmative Action - Constantino, Braverman, Woodard (ex officio). C. ORIINfATION 1. A brief history of the ordinance and the Oxrrrission was presented by Candy %kmrgan and 6kori ConsLant Ino. New Ordinance Discussion centered on the change in procedure. Matsumoto pointed out two issues: (1) who conducts the hearing. Eben with the hearing officers, Carmissioners Would have to be present or read the, record. (2) How to preserve some members of the Commission ws neutral if they becan: hearing ol'ficors. 'those who hear a case must not be tainted by any prior knowledge of the facts. Possible ways of implementing these procedures are to (1) permanently divide the Commission into different teams, or (2) divide the Commission differently for each case. There was sane discussion of these two alternatives. The staff reccm- mendation was to select two Comnissioners for the early stages of each complaint, leaving the remainder of the Commissioners free to be hearing officers. If the complainant appeals at a no probable cause stage then three Commissioners should hear the appeal. The procedure would require that a minority of the Commission make a decision. This reflects a major change in the way the Commission has operated in the past. Oleson moved, and it was seconded, that the Camnission conduct hearings .for one year rather than hire a hearing officer. At the end of the year evaluate this procedure. There was some discussion which indicated this issue was more appropriate as a part of developing administrative rules. The motion carried. Oleson, Braverman, Gilroy and Matsumoto voted 'aye'. Woodard abstained for the reason that she did not want to be a hearing officer. Constantino abstained because she thought it was premature to make such a decision. Scott voted no because of the amount of time it would involve to be a hearing examiner, and because the Comnissioners had not had adequate training to be hearing officers, Oleson moved, Constantino seconded, that the ordinance implementation committee develop models to implement the first motion and bring back recommendations to the Commission, The motion carried, Bravemuan abstained. 3, Conciliation Process A short presentation on Conciliation process was given by Smith. A. Affirmative Action Woodard reported on affItin tive action during tho list year. Oleson raised the issue with regard to the VietNam Veterans preference for jobs at the City and asked if there had been resolution of this problem. Morgan responded that the .issuo is being looked at but no resolution has been ranched. A letter to the Mayor from Doris Netivland, Director of the Equal Oppnrtunity Division of HUD, regarding IUD's recent site visit to monitor tho equal opportunity aspects of the Commmity Development Block Grant wcLs read. 0 0 5. Procedures and Overviey Scott stated he believed there was a problem with assigning specific timetables for conciliation and suggested that each team establish its own, lie explained why he thought the committee structure was an appropriate way to function, and he requested that motions be used to structure the discussion at meetings. D. COIIPLAINr PROCESSING 1. Cases in Litigation - Westinghouse, Yellow Cab, no new reports. 2. Pending cases - E-7515, Gilroy and Constantino assigned to conciliation. 1-7606 - Woodard and Matsumoto. 1-7605 - Scott and Madison. 1-7503 - Scott. H-7602, H-7603, H-7604 - ready for review for cause or no cause determination. Braverman moved that until the committee brings in models for how to implement the procedural section of the ordinance the chair appoint 3 Conmission members to review cases. Constantino seconded for purposes of discussion. Matsumoto suggested that the Comtission should continue to operate under the old ordinance until the new one is adopted. Braverman amended his motion to read 5 camiissioners and Oleson seconded. The notion carried. The five Commissioners who will review the above cases are the old commission members. The meeting for this review was set for Sunday, January 30, at 7:30 P.M. in the Civic Center. E. NEW BUSINESS 1. It was announced Rick Price had resigned iron the Camnission. The Commission thanks him for his two years of service. Applications for this appointment are available from the City Clerk. 2, The Commission deferred until the next regular meeting discussion with regard to amending the ordinance to have five year terns instead of three year terns. 3. Gilroy moved, Braverman seconded, to delete "Subject to approval of City Council" from section 10,2.20. The motion carried. Oleson moved, Matsumoto seconded, to insert "the City Attorney or his/her designee" to 10.2.17 F. The motion carried. 4, Scott reported to the Commission that the City Council wished to have minority points of view includ d in the Commission minutes, 5. A question concerning the architectural barriers program was raised. The staff stated that any input from the Cannission at present was not needed because the program was roving along. 0 0 U. Next meeting is. scheduled for February 28, 7:00 P.M. in the City Manager's Conference Room. Agenda was set for February 21, 3:30 P.M. 7. Constantino imvcd, Oleson ticKr)nded, to invite the Iowa Civil Rights Comnission to meet in Iowa City for their March meeting. The meeting adjourned at 10:30. Prepared by Linda Ragland. �j AIINUTFS HUMAN RII,ATIMS MWISSION FEBRUARY 6, 1977 7:40 P.M. CITY HANAGER'S CONF1,RENCE ROOK NUR300 PRI.SINP: 13rtr�ernan W(xxhtrd Scott Widison Matsumoto Costantino (8:40) MUMERS ABSENT: Gilroy Oleson STAFF HOMERS PRESENT: Morgan Ragland Ryan RF7MUMATIONS 'Ili ME CITY COUNCIL None REMODATIONS TO THE STAFF AND CITY MANAGER 1. The staff is to incorporate language in the purpose of the ordinance to protect all persons from unfounded charges of discriminatory practices. The motion was made by Matsumoto and seconded by Woodard, and passed. 2. The staff is to draft an exception to the employment section, 10.2.4, to provide for a BR)Q in employment and an exception for personal services. The motion was made by hfatsumoto, seconded by Costantino, and passed. PENDING ITFMS None SU DIARY OF REI.6YENf DISCUSSION The meeting was called to order at 7:40 P.M. by S(A)tt. Representatives from KBIC, The Daily Iowan, and Des Moines Register were present. Upon the request of the Chairperson, the order of the agenda was changed. The Commission considered the cemplaints before considering the item concerning the ordinance. Comniayioner Bravennui left the meeting during the discussion of case determinations. A. MIPLAINT PROCEMING, 11-7602 - Matsmrrto mrved and Madison secondal to accept the no probable cause determination by the lnvestljSator and City Attorney. After same discuxvion to clarify points in the investigative report, tho vote was called and the notion pam4ed. 3/9 February 6, 197 IWO 2 At 7:56 hlntsumto moved and Woodard seconded, to go into executive session to consider the determination on cases 11-7603 and I1-7604 bc:c:ause the investigator and City Attorney disagreed on the reconnendated deter- mination. Those voting 'aye' were Woodard, XLtsumoto, Madison and Scott. At 8:40 the public meeting of the commission reconvenied. Costantino and Braverman joined the discussion. H-7603 - Matsumoto moved and Woodard and Madison seconded to accept the probable cause determination. The motion passed. H-7604 - Matsumoto roved, Woodard seconded to accept the probable cause determination. The motion passed. B. ORDINANCE Upon the recommendation of Angie Ryan, Costantino moved, Braverman seconded, to delete from section 10.2.19, subsection A and points 1 and 2. This will eliminate the reference to an executive session from the ordinance. Any executive sessions which the commission would hold under the new ordinance would be in accordance with 28 A of the Iowa Code. The motion passed. Matsumoto moved, Costantino seconded, that section 10.2.4, I}nploy- ment, should incorporate a BFOQ and an exception for personal services. The drafting for these are to be done by the staff. The motion passed. Upon the recommendation of Morgan, Matsumoto moved and Woodard seconded, to incorporate in the purpose of the ordinance a section which stated that persons are to be protected from unfounded charges of discriminatory practices. The language is to be drafted by the staff. The motion passed. For purposes of discussion, Matsumoto moved and Costantino seconded, the need to replace the following definition of "affectional preference" for the existing one. "Affectional or sexual preference means the status of having or manifesting an emotional or physical attachment to another consenting adult or adults, or the status of having or manifesting a preference for such attachment." Matsumoto opposed the substitution because it was cunbursone and confusing, Matsumoto suggested that, for clarity, the term hono- sexuality be used to replace affectional preference. Nhtstmoto moved, Costantino seconded, to strike definition A "Affectional Preference". All voted 'aye' except Woodard. Her descending vote was because she preferred to use the term ai'fectional preference and have a definition for It in the ordinance. Matsimto roved, Brnvermut seconded, to strike affectional prororonvo and ndd "or hrnnsoxanlity" in every provision that it appears in the ordinance. The motion passed, Braverman, Matsumoto, htldison, Constantino voted!aye', Scott and Woodard voted 'nay'. 'Ibey stated they were not descenting 0 February 6, 1977 Page 3 because they opposed protection for homosexuals, but they preferred the use of the term affectional preference. Costantino moved that a phrase be added to the ordinance which stated that protection for homosexuals did not mean their behavior was condoned or encouraged but to protect the rights of homosexuals. The motion died for lack of second. There was same discussion concerning further revisions of the ordinance that might be necessary in the procedural sections to insure that all sections were consistent. It was requested by Braverman that the chair- person, after a consultation with the staff over these revisions, would call a meeting for further review by the Co+mission if the chairperson thought it was necessary. Woodard moved and Madison seconded that section 10.2.18 should be amended to change the length of Comnission terms from three to five years. Several Commission members indicated that through contact with others many people expressed that a five-year term was too long. The notion failed. 'ayes' - 0. 'nays' - 5. Costantino abstained. Should the Commission be advocates for the newly added protected categories or merely proposers of these categories for Council consider- ation. No vote was taken, but the consensus of the Comnission seemed to be that they would take the advocate position. Other discussion concerned whether individuals of the Commission should speak their personal opinion or only represent the Ccumission opinion. There was a consensus of the Commission that no gag rules should be Imposed. Scott reminded the Commission that the presentation of the ordinance to the informal Council meeting was set for 2:00 P.M., February 14th, in the City Manager's Conference Room. He requested that members of the ordinance implementation comnittee, chair, and vice -chair be there and all other commissioners were welcome to attend. The meeting adjourned at 9:50 P.M. Prepared by Linda Ragland. MINUTES MAYOR'S YOUTH EMPLOYMENT BOARD JANUARY 24, 1977 TRINITY EPISCAPAL CHURCH MEMBERS PRESENT: Carter, Cazin, Holzhammer, and Johansen. MEMBERS ABSENT: Barber, Kaefer, Schreiber, Stockman, and Williams. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: Discussion was heard concerning the level of funding the City Council has approved for the Mayor's Youth Program in FY 78. Board member, Cazin, recommended that a letter be sent to the School Board President, Mrs—Timmerman, concerning the program's request for funding next year. Chairperson Holzhammer reminded the board that new appointments are due. The bylaws state members shall be appointed annually in February by the Mayor. Officers shall be elected annually in March. This matter will be placed on the agenda for the February meeting. J 32a MINUTES PLANNING AND 'ZONING COMMI33ION FEBRUARY 3, 1977 -- 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS 14EMBFRS PRESENT: Blum, Cain, Jakobsen, Kammermeyer, Ogesen 14EMBF.RS ASSENT: Lehman, Vetter STAFF PRESENT: Bowlin, Schmeiser, Oszman RECOMMENDATIONS TO THE CITY COUNCIL: 1. To approve S-7703, final plat of Sturgis Corner Addition located east of South Riverside Drive and north of Highway 6 By -Pass, contingent upon the submission of a legal reso- lution to approve the final plat. 2. To approve S-7704, final plat of Lime Kiln Farm Estates located north of Linder Road and east of Old Highway 218, subject to the following contingencies: (a) that an assessment waiver for the construction of all public improvements required by the Subdivision Ordi- nance be submitted, and (b) that the general requirements of the Subdivision Ordi- nance pertaining to the construction and installation of such improvements be waived. To approve S-7705, preliminary and final plat of Tracy Lane Addition located between Sycamore Street and the east end of Tracy Lane, subject to the following contingencies: (a) (1) that a variance be granted in section 9.50.5A.2.b.4 to permit the outer edge of paving within the turn- around to be 12.5 feet from the circumference of the right -of- way, (2) that a variance be granted in section 9.50.5A.2•b.3 to reduce the required street width from 28 feet to 25 feet, (3) that a variance be granted in section 9.50.5A.2.b.4 to allow Tracy Lane to exceed a minimum of 900 feet in length, and (b) that the necessary revision in the legal papers be made. REQUESTS TO THE CITY MANAGER FOR INFORMATIO14 OR STAFF ASSISTANCE: 1. That the Engineering Department examine and make comments on the drainage situation in Village Green, Part VI. That the Staff assist in the formulation of a policy Pertain- ing to which portions of the Subdivision Ordinance should apply to a rural subdivision within the two mile territorial limit. 321 • -2 • LIST Of MATTERS PE14DING COMMISSION -COUNCIL DISPOSITION: 1. P-7317. Creation of a University Zone (U). 2. P-7410. Creation of a Mobile Home Residence Zone (H1dH). 3. P-7403• Revision of M1 and M2 Zones. -3- SIIMMARY OP DISCUSSION AND FORMAI, ACTION TAKEN: Copies of the minutes from the speci.aI mecti.nq held January 17 were not available, so a motion was made by Blum, seconded by fammermeyer, to defer until the next regular meeting consideration of the minutes from the January 17 meeting. The motion carried unanimously. Chairman Ogesen asked if there were any additions or corrections to the minutes of the meeting held on January 20, 1977. Chairman Ogesen suggested that a change be made in the first line of the third paragraph of the discussion of S -7702b on page 5 by adding the word "subdivision" before the word "final" and the words "on the PAD" after the words "public hearing." A motion was made by Cain, seconded by Kammermeyer, to approve the minutes as amended. The motion carried unanimously. Z-7501. Application submitted by Dean and Evelyn Oakes to rezone a lot and a portion of an abutting lot located north of Burlington Street and east of Van Buren Street from a C2 and R3A Zone to an R3B Zone; date filed: 2/4/75; 45 -day limitation period: waived; deferred: 2/13/75; consideration requested: 11/17/76; public hearing held: 1/20/77. Chairman Ogesen explained that a public hearing on the application had been held and that the application had been discussed in a work session. He asked if there was any further discussion. Marion Neeley, attorney for the applicant, told the Commission that Mr. Oakes, realizing that some Commission members were opposed to the rezoning, was now considering requesting that only a portion of the C2 lot be rezoned to R3A. Mr. Neeley asked what the procedures were for changing a rezoning request. Chairman Ogesen responded that in the past, a change in a rezoning request required another public hearing, but that the Commission would have to solicit the advice of the Legal Department for further information on procedure. Commissioner Blum stated that he would be opposed to any pro- cedure which would not allow sufficient time and opportunity for the public to consider the change in the request. Don Schmeiser, Senior Planner, explained two available options. Ile said that either the applicant could file an amended appli- cation, or the Commission could initiate consideration of a change on its own. Ile added that the Staff would want to prepare another report, since the chanyo in the request would tiller Lho application considerably. 1" - 0111, • -4- 0 Mr. Neeley said that the structures Mr. Oakes was planning for the property were not going to house commercial establishments and would not really change the character of the area. A motion was made by Jakobsen, necouded by Knimnermeyer, to rec- ommend to the City Council approval of Z-7501, application sub- mitted by Dean and Evelyn Oakes to rezone a lot and a portion of ated north of Burlington Street and east of an abutting lot loc Van Buren Street from a C2 and 113A Zone to an 113B Zone. The motion failed unanimously. A motion was made by Jakobsen, seconded by Kammermeyer I ammermeyer, to ini- tiate consideration of the rezoning of a portion of a lot north of Burlington Street and east of Van Buren Street from a C2 to an 113A Zone, and to set as a public hearing date March 3, 1977 for this matter. Commissioner Blum expressed concern that this action would set an undesirable precedent for future situations when applicants were disappointed with the Commission's decisions on their appli- cations. He also indicated that he was not convinced that the City should be expected to absorb the cost of a new study. Commissioner Kammermeyer pointed out that at the Monday night staff' meeting, Commission members had encouraged Mr. Neeley to present an alternate request to the Commission. -7702.a. Commission to hold a public hearing on a final Planned rea evelopment plan of Village Green, Part VI, located south of Muscatine Avenue and east of Village Green boulevard; date filed: 1/3/77; 45 -day limitation period: 2/27/77• Chairman Ogesen declared the public hearing open. A resident of 1220 Tyler Court told the Commission that he was the treasurer of the Village Green Homeowners Association and expressed concern over the drainage situation in the Village t Green area. He asked who was in charge of the slopes and the drainage plans, and wondered if the water was to be retained in the green areas for which the Homeowners Association was res- ponsible. Commissioner Kammermeyer stated that if the preliminary plat for that development was approved prior to the existence of the Storm Water Detention Ordinance, then the area does not have to meet those requirements. The resident worried that water would be retained in an area the where there general, there openlareas inn Villager. Jer Greennaremudtil- fact that, in g ity easements. The commission requested that the Engineering Department examine the area and make comments on the drainage situation. Chairman Ogesen declared the public hearing closed. S -7702b. Final plat of Village Green, Part VI, located south oT-Ruscatine Avenue and east of Village Green Boulevard; date filed: 1/3/77; 45 -day limitation period: 2 17/77; 60 -day limitation period: 3/4/77; deferred: 1/20Y77 - Commissioner Blum wondered whether it was essential that the Commission receive information about the drainage problem in the area before approving the final plat. Mr. Schmeiser pointed out that the Final plat did not differ significantly from the preliminary plat. A motion was made by Blum, seconded by Kammermeyer, to recom- mend to the City Council approval of S -7702b, final plat of Village Green, Part VI, located south of Muscatine Avenue and east of Village Green Boulevard. Commissioner Kammermeyer indicated that he would vote against the motion because the plat showed the existence of a barn in the area. He said he felt the barn was out of character for the area and that the property owners in the area had not real- ized that the barn would still be there. Mr. Schmeiser stated that the Staff had planned to submit a report sometime the following week. Commissioners Cain and Jakobsen indicated that they would like to see the report before taking action on the plat. A motion was made by Jakobsen, seconded by Cain, to defer until the next regular meeting consideration of S -7702b, final plat of Village Green, Part VI, located south of Muscatine Avenue and east of Village Green Boulevard. The motion carried 3-2. S-7703. Final plat of Sturgis Corner Addition located east of South Riverside Drive and north of Highway 6 By -Pass; date filed: 1/10/77; 45 -da limitation period: 2/24/77; 60 -day limitation period: 3/11/77. Mr. Schmeiser told the Commission that the plat had been revised correctly, but that a revision in the legal papers was still necessary. Commissioner Blum wondered if 3-7703 and the innovative parking area design for this subdivision should be considered together, but was assured that the two matters were entirely separate. A motion was made by Cain, seconded by Kammerrneyer, to recommend to the City Council approval of 3-770j, final plat of Sturgis Corner Addition located east of South Riverside Drive and north of Hiphway 6 By -Pala, contingent upon the submission of the legal resolution to approve the final plat. The motion carried unanimously. Consideration of an innovative parking area design in lieu of meeting the requirements of Section 8.10.40.12D1 and 2 of the Zoning Code (Tree Ordinance) for lot 1 of the above subdivi- sion. Chairman Ogesen asked the developers ii a drawing oC the final plantings was available. Steve Victor and Mace Braverman, Southgate Development Company, said that it was. The Commission- ers inspected the drawing. The Commission considered the plan and found it to be an innova- tive parking area design which meets the requirements of 8.10.40.1281, B2, and B3 of the Zoning Code and termed it an innovative parking area under the provisions of the Ordinance. A motion was made by Kammermeyer, seconded by Cain, to approve the innovative parking area design in lieu of meeting the require- ments of Section 8.10.40.1281 and 2 of the Zoning Code (Tree Ordinance) for lot 1 of Sturgis Corner Addition located east of South Riverside Drive and north of Highway 6 By -Pass, subject to: (1) the planting of trees in the rear corners of the lot, and, (2) submission of a letter that states that the proposed trees as indicated in the plan will be planted with a minimum diameter of 1 inch, prior to the issuance of an occupancy permit. The motion carried 5-0. 5-7704. Final plat of Lime Kiln Farm Estates located north of in er Road and east of Old Highway 218; date filed: 1/8/77; 45 -da limitation period: 3/4/77; 60 -day limitation period: 3/19/77. Chairman Ogesen read the recommendation in the new staff' report on this item and then asked Pete Knapp, the applicant, if he were in agreement with the contingencies in the recommendation. Mr. Knapp responded that he was, adding that he felt in the future the Commission would have to make a f'ormal policy on procedures for dealing with rural subdivisions. A motion was made by Jakobsen, seconded by Kammermeyer, to recommend to the City Council approval of S-7704, final plat of Lime Kiln Farm Estates located north of Linder Road and east of Old Highway 218, subject to the following contingencies: (a) that an assessment waiver for the construction of all public improvements required by the Subdivision Ordi- nance be submitted, and (b) that the general requirements of the Subdivision Ordi- nance pertaining to the construction and instullation of such improvements be waived. The motion carried 5-0. S-7705. Preliminary and final plat of Tracy Lane Addition located between Sycamore Street and the east end of Tracy Lane; 0 0 -7- date failed: 1/19/77; 45 -clay limitation period: 3/5/77; 60 -day limitation period: 3/20/77. Don Schmeiser said that the discrepancies had been corrected, but that a legal agreement still had to be submitted. Ile added that there were three variances to be granted and recommended that these be contingencies on a motion to approve. Mr. Schmeiser also reviewed several points relevant to this application, which the Staff had considered before making its recommendations: (1) that the main problem revolved around whether or not to bring Tracy Lane through to Sycamore; if it were dead -ended, the cul-de-sac would be longer than it was required to be; (2) that if Tracy Lane were dead -ended, it would not increase the traffic conflict on Sycamore Street which is a major arterial street; (3) that there existed a severe drop-off between the cul-de- sac and Sycamore which would entail a marked grading change to bring it down to the level of Sycamore; (4) if an entrance were made onto Sycamore from Tracy Lane, there would be poor visability at that intersection. In response to a question from Blum, Mr. Schmeiser said that the area had never been platted. Commissioner Blum wondered if residents on Tracy Lane had been under the impression that their street would enter onto Sycamore. The Commission then decided that the public had had ample notification of the fact that the plats would be discussed that evening. A motion was made by Cain, seconded by Jakobsen, to recommend to the City Council approval of S-7705, preliminary and final plat of Tracy Lane Addition located between Sycamore Street and the east end of Tracy Lane, subject to the following contingencies: (a)(1) that a variance be granted in Section 9.50.5A.2b.4 to permit the outer edge of paving within the turnaround to be 12.5 feet from the circumference of the right- of-way, (2) that a variance be granted in Section 9.50.5A.2.b.3 to reduce the required street width from 28 feet to 25 feet, (3) that a variance be granted in Section 9.50.5A.2.b.4 to allow Tracy Lane to exceed a minimum of 900 feet in length, and (b) that the necessary revisions in the legal papers are made. The motion carried 5-0. The Commission requested assistance from the Starr in formulntin'i a policy pertaininy to which portions of the SubdiVi:;iOn Ordinance should apply to a rural subdivision within the two-mile territorial limit. The Commission briefly discussed ways of improving Lhe sysLem Lhe members used to sLore and retrieve documenLs. IL was de- cided that a small survey of other cities' systems would be made. Election of Officers: (1) Jakobsen nominated Cain to be Chairperson for 1977• A motion was made by Blum, seconded by Kammermeyer, to elect Cain as Chairperson by unanimous ballot. (2) Kammermeyer nominated Blum to be Vice -Chairperson for 1977 A motion was made by Jakobsen, seconded by Cain, to elect Blum as Vice -Chairperson by unanimous ballot. (3) Kammermeyer nominated Vetter to be Secretary for 1977• A motion was made by Blum, seconded by Cain, to elect Vetter as Secretary by unanimous ballot. The meeting adjourned. 0 Prepared by: Ellen OszmaM, DCD Approved by: E %v-✓ ane Jakobsen for Juanita Vetter, secretary, P & Z Commission 0 0 STAFr REPORT ening and Zoning Commission Item: S-7705. Tracy Lane Addition GENERAL 1NFORhIATION Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -Jay limitation period: 60 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: Prepared by: Don Schmeiser Date: 2/3/77 North Bay Construction, Inc. 919 Talwrn Court Iowa City, Iowa 52240 Preliminary and final plat approval To establish seven lots for single family residences. West of Sycamore Street and cast of the termination of Tracy Lane. 1.92 acres Undeveloped (farmhouse on portion of undeveloped property outside limits of subdivision) and RIB. North - single family residences and RIB West - single family residences and RIB South - single family residences and RIB East (across Sycamore Street) - undeveloped and RIA (application pending to rezone to RIB and R2). Subdivision requirements of Chapter 9.50 of the Municipal Code. 3/5/77 3/20/77 Adequate water and sewerage service are available. Sanitation scrviee and police and fire protection are available. Vehicular access would be provided from Tracy Line. 3qa -2- 0 Physical characteristics: The topography is gentle to rolling with a slope range of from 0 to 7 percent. ANALYSIS The site of the proposed subdivision is a portion of approximately 2.7 acres of land remaining from the farmstead more commonly referred to as the Niffenegger estate. Except for the farmhouse, which would remain in a location outside the boundaries of the subdivision in separate ownership, the other buildings will be demolished. The subdivider proposes to extend Tracy lane easterly and terminate it with a turnaround which would provide access to the seven lots, two of which rear upon Sycamore Street, and the farmhouse. There is only one apparent constraint In the proposed subdivision, other than the minor discrepancies and deficiences noted below, and that is in the length of Tracy Lane as a cul-de-sac. According to Section 9.50.SA.2.1).4 of the Subdivision Ordinance, "cul-de-sacs shall not exceed 900 feet in length -- measured from the centerline of the street from which it commences to the center of the turnaround." The estimated length of Tracy Lane would be 1002 feet or 102 feet over the maximum length permitted. There are overriding advantages to the termination of Tracy Lane, however, than its alternative extension to Sycamore Street or to lots having frontage upon Sycamore Street. Sycamore Street is designed to accommodate high traffic volumes of arterial street proportions. Every point of access to an arterial street is a potential point of conflict or impedance to the flow of traffic because of turning movements. For this reason, limited access to an arterial street is an important consideration. Secondly, there exists a significant rise in elevation from Sycamore Street to the abutting site. With appropriate screening and the existing natural berm, traffic noise could be insulated from the residences. The extension of Tracy Lane to intersect with Sycamore Street would require considerable excavation resulting in a destruction of this natural buffer. ITi�KHS31gr!IlhV ii[�7.f:: The Staff recommends that consideration of the preliminary and final plat be deferred, but that upon revision of the plat incorporating the deficiencies and discrepancies noted below and final review of the legal papers, the plats be approved with the following variances granted: 1. That a variance be granted to permit the outer edge of the paving within the turnaround to be 12.5 feet from the circumference of the right-of-way (9.50.SA.2.b.4). 2. That a variance be granted in the street width from 28 feet to 25 feet (9.50.5A.2.11h.3). 0 -3- DfffCIENCIES AND DISCREPANCIES L7 1. The outer edge of the paving within the turnaround should be 12.5 feet from the circumference of the right-of-way. The required distance is 15 feet which does not necessarily create a problem with a symmetrical turnaround. However, as is not tlue case here, 12.5 feet will provide uniformity in parkway and sidewalk width and location with the remaining portion of the street. A variance, therefore, should be granted. 2. The existing paving and right-of-way widths of Tracy Lane are 25 feet and 60 feet, respectively. The required widths for a residential street are 28 feet (or 22 feet with six off-street parking spaces) and 50 feet. Rather than interrupting the paving width in the middle of the block, it is recommended that the street be constructed to a width of 25 feet and that a variance be granted. 3. The existing southerly right-of-way line of Tracy Lane should be extended at the same bearing to the point of intersection with the curvature of the right-of-way. 4. The cord bearing of the curve in the boundary of the subdivision should be changed from S600301I4"E to S6003011311E. S. A note on the plat in reference to the location of the existing sidewalk should indicate 1113.5 feet B.C." (13.5 feet from curb to outer edge of sidewalk). 6. 'rhe distance from the section corner to the point of beginning should be in hundredths of feet. A'I"1'ACI IMENT Location map ACCOMPANIMENT Preliminary and final plat. Approved by: Dennis R. Kraft Director Dept. of Community Development t( } } FIF ,a Fl .� r r-�, r7��r4'b 7 WgIIY L..__.....i_ 1 I� C 09 ,i -CA UT V.1hJ ruga% lJ. r tGwCC L. r Q 600 120,0 18 O MORT14 GRAPHIC SCALE :1"= 660' Ell€ NUMBER; 5.7705