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
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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
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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.
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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
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NUMBER;
5.7705