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HomeMy WebLinkAbout1973-12-18 Bd Comm minutesMi nut es Planning & ZoningCommission December 13, 1973 -- 4:00 p.m. Civic Center Council Chambers mmlihRS PRIESlEN'P: L,)rew, Cain, Madsen, Horner, Ogesen MEMBERS ABSENT: Henry, Galiher STAFF PRESENT: Wollmershauser, Schmeiser, Bonnett,, Child Chairman Madsen called the meeting to order and asked if there were any corrections or additions to the minutes of the November 29, 1973 meeting. It was moved; by Mrs. Cain :and seconded by Mr. Horner to approve the minutes as written. The motion carried unanimously. 7,-7316. Streb-National B -Products. Request f Yor rezoning,(R1A to Ml) 'for ,triangular tract of land, west of'Iowa 'Riverand sout3.i and east of CRI & P RR, all of the areabeing east of Riverside Drive. Date filed: 11/14/73, 45 -day limitation: 12/29/73. Mr. Robert Downer, attorney, representing Mr. Streb, explained that Mr. Streb presently has a purchase agreement outstanding on the 'above mentioned' property which is owned' by National By - Products. He pointed out that the land is presently zoned RIA by virtue of its annexation to the City some years ago. Mr. Downer stated that the IP zoning classification, as,suggested in the City's Staff Report dated December 13,'1973, would not seem appropriate under the circumstances' because it would ber.too' restrictive for the type of use that might logically be made of the property.He indicated ,that Mr. Streb and National,By Products would be willing to comply with, any screening requirements that 'might be imposed and would also cooperate with recommendations theiRiverfront Commission might have. Chairman Madsen indicated that there was.some feeling on the part of the Commission that the matter should be referred to the Riverfront Commission for their review and comments.' He asked Mr. Downer if his clients would be willing to waive the 45 -day limitation. Mr. Downer agreed to submit a letter waiving the 45 - day limitation. A motion to defer item Z-7316, Streb-National By -Products' request for rezoning '(RIA to Ml) the 'triangular tract 'of land, west 'of the Iowa River and south and east of the CRI & P RR,'all of the 'area' being east of Riverside Drive, was made by Mrs. Cain and seconded • by sir. Horner,. The motion carried unanimously. -2• - S-6919. Macbride Addition, Part 1 (vic. due south of Melrose Avenue andindjacent to either side of Westgate Street). Z1. Amendatory to final plat as passed by City Council on May 20, 1969. 1 b. V-7310. Vacation of portion of Macbride Road presently platted in Macbride Addition, Part I. Request made by Macbride Addition, Inc. Date filed: 11/13/73. After a brief discussion, it was moved by Dr. Ogesen and seconded. by Mrs. Cain that themajor changes to the Pla-med Area Development, Macbride Addition, Part I, to include the:proposed relocation of Macbride Road as illustrated on 'the Preliminary,Plat'of Macbride Addition, Part II and the changes in land use, specifically the conversion of Lots 33 and 34 of Macbride Addition, Part I, to public open space and the establishment of:two residential lots on a'.parcel of land,located west of Macbride Road identified.as existing public open space, be approved only, if thetransfer, of ownerships,to.the parcels mentioned is:secured. The motion carried unanimously. It was moved by Dr.'Ogesen and seconded by Mrs Cain that the remaining lowerpoition of Macbride Road in'Macbride Addition, Part I, be vacated. The motion carried unanimously. Z 7315. Southgate Development Co. Request for rezoning of tract of land (R3B to.C2)::located,on southeast corner of Hollywood Boulevard and'Broadway,Street. Date filed: :11/7/73'. 45-day limitation: 12/22/73.Denied by P & Z: 11/29/73. To be recon- sidered. Chairman Madsen explained that the Planning and Zoning commission had previously made a recommendation on the proposed request, however, because the'petitioner had not been notified of the November 29,:!1973 Planning and Zoning Commission meeting, he, asked that the matter be reconsidered. A motion to reconsider item Z-7315, Southgate Development C ompany, was made by Mr. Horner and,seconded by Mrs. Cain. The motion carried unanimously. Mr. Alan R. Leff, attorney representing Thorp Credit, Inc., explained that when Thorp Credit, Inc. was negotiating a lease for the:above mentioned property, they had understood that the �property was located in a C2 zone. on that basis, he said, they entered into'a ten-year. lease. It was only when Thorp Credit, Inc. !applied for a sign'permit that they learned the property was located in an R3B zone. >A change in zoning to either C2, CH or Cl zoning, Mr. Leff said, would seem compatible with the surrounding area and would be a logical extension of the C2 area. • Stating that changing a zoning classification on the basis of signage would seta dangerous precedent, Mrs. Cain moved to,deny item Z-7315, Southgate Development Company's request for rezoning of tract of land (R3B to C2) located on southeast corner of Hollywood Boulevard and Broadway Street. The motion, seconded by Dr. Ogesen, carried unanimously. I ) I -3= V-7309. Request for vacation of ,portion of Lower West Branch • Road from its intersection with, Rochester Avenue to intersecti with Amon St. City Council referral: 10/30/73.'' -Mr. George Bonnett, City Engineer and Acting Director of the Public Works Department, showed slides of the'Amhurst Street - Rochester Avenue area and explained the rationale the Engineering Division used in the design of the RochesterAvenue-Lower West 'Branch intersection. Mr. James Hess, attorney representing,Mr. John 0. Smith who owns property near the subject area, reiterated reasons why, the Proposed vacation Should not, be approved. •If vacated, harm done to Mr. Smith and other property owners 'near the area would far outweigh any benefits the City would derive, he said'. It is time for the, City to"stop using its police power, helsaid, and take into consideration the benefits of the people. :Mr. Hess stated that it seems as though the City is trying to make, the defacto_vacation lawful. I Chairman Madsen pointed out that issues concerning construction, i.e. paving, 'should be taken to the City Council and not to the Planning and Zoning Commission. Mr. Richard Wollmershauser, the City's Senior Planner', pointed out that there could be three access points, two of which would be provided through the Oakwoods Additions. Mr. John Hughes of the Hills Bank and Trust Company, representing the estate property to the south of Lower West Branch Road, also expressed opposition to the proposed vacation.' Dr. Ogesen stated that while he agreed that the Rochester Avenue - Lower West Branch,Road intersection had a high danger potential, he could not see vacating the entire stretch of Lower West, Branch Road because: 1) a suggested development plan for the area (which was included in the December 13, 1973 Staff Report) does not show a good, efficient' traffic movement pattern and does not provide direct, access to Rochester Avenue, 2) vacation of the entire stretch of Lower West Branch Road would make it difficult for the owners of the triangular piece of°land north of Lower West Branch Road to develop their area. If vacated, he said, this would seem to'be',seizure of 'land or a "steam roller concept" being applied. It was moved by Dr. Ogesen and seconded by Mrs. Cain to recommend to the City Council vacation of Lower WestBranch ',Road from the Point of intersection with Rochester Avenue east to the line extending due north from the northwestern corner of Lot 324 (Oakwoods, Part 6). • It was moved by Dr. Ogesen and seconded by Mr. Horner to recommend to the City Council that the curb be cut on the intersection of I • MINUTES OF THE PUBLIC FORUM HELD BY THE IOWA CITY'HUMAN RELATIONS COMMISSION SUNDAY, DECEMBER 2, 1973 AT 7:00 P.M. 1hc. Iowa'CitY . Human Relations Commission conducted a Public Forum on Sunday, December 2, 1973'at',7:00 p.m.'at Trinity Episcopal Church. The topic of the forum was affirmative action for women. COMMISSION MEMBERS PRESENT: Braverman Jones Smith Balmer Costantino Hoy Roberts MEMBERS OF THE CITY COUNCIL PRESENT: Czarnecki Davidsen STAFF PRESENT: Maune Smeed The following are some of'the'pertinent, points "which were discussed :during the:publi-- meeting. Chairman Hoy gave a',brief introduction by explaining that the purpose of this ;type of Public Forum was to -reoeive input',by'the community concerning the affirmative' action and employment, opportunities for women in Iowa City'. The commission was desirous of such input before making any recommendations ,to the City'Council -on this matter:: '!First to speak was Elizabeth Diecke for the Johnson Council on the Status of Women:She indicated that of the 52% of the City of Iowa City personnel making,$8,000 - $13,000 a year, 99% were male and less than 1% were female.' Diecke also indicated that 77% of the females working for the City were in the lower third of the pay bracket; and .01% of the females working for the City ',were in the upper third of the pay, bracket, whereas 7% of the males were, in the upper third of the pay bracket. Diecke felt that the Human Relations Commission was in an awkward position since in their role as educator of the community, they ;needed to have "their own house cleaned first." ' Therefore,, the Johnson County Council on the Status of Women was requesting - 1) that a full', time executive, director be appointed for the Humar. Relations Commission, 2) that the Iowa City City Council make a policy statement in the form of an ordinance w4ich would delineate an affirmative action officer and an affirmative action citizen's committee.' A'representative from the University of>Iowa'Employee's Union criticized the Affirmative Aciton report by the City for the Human'_ Relations Commission and the EEOC. The positions which had been filled by females in the past six months were termed mere efforts at tokenism and not as ag ood faith effort in affirmative action. • page 2 Minutes of Public Forum Human Relations Commission December,2, 1973 The next criticism centered around the publicity for the Forum. Questions were asked why the releases were out Wednesday and not sooner. It was brought up that the notice was in the Press Citizen on Saturday afternoon; and although the press release did include the fact that copies of the Affirmative Action report.were available at the Civic Center, tne CiviciCenter is closed Saturday. Don Hoy indicated that the Commission was only seeking input and possible� solutions at this point and also that the Commission had no control over when press releases were used. A suggestion was made that the City have a separate EEO Officer as a distinctposition separate from the Personnel Director. The City should set :an,example of,affirmative action for:the entire community. It was also felt that theCity must actively seek women,for jobs traditionally held by mal , es. Another suggestion centered around in-service!training for all employees. It would especially be help- ful' since the City was sending'several secretaries to the conference presented at the University of:,Iowa entitled, "Today's Secretary," that they share their knowledge with those who were unable to attend. Another suggestion was that people's attitudes were reflected by th I air language and that a Personnel Director should.not reflect sexist attitudes if he is to be interviewing applicants, for a position. It was suggested that "The Language of Sexism," by Margaret McDowell would be a profitable article to read. Next, a member of the audience asked the Human Relations Commission to make their assistance to the community more widely known. There 5. seems to be a problem with teenagers who are unaware that they are being discriminated against for part-time employment. They can file a complaint with the Human Relations Commission. Also for high schooi career, counseling it was felt that the',Human Relations Commission would do well to disseminate moreinformation to the schools about filing complaints, discrimination;in general, and sex stereotyping. It was indicated that NEA!at their Center for Human Relations had a program and a pamphlet entitled, "Consciousness Raisers," which may be of benefit to both'the Human Relations Commission and the Iowa City Community School District. Another suggestion was that the Human Relations Commission should compile'a list of oomplaints which are not actually filed but which are indicated by telephone, etc. From this data it might be 'possible to find patterns and practices which could possibly lead the Com- mission to file a complaint against a private employer. Another • suggestion was that the City should hire someone to go through the City Code and all the City ordinances to find and eliminate all sexist comments and discriminatory references. page3 Minutes of Public Forum Human Relations Commission December 2, 1973 Another suggestion was that there was a service called Catalyst which helps employers in affirmative action by providing training. The cost of this service was unknown by, the person who provided the, above information. Another suggestion was that tandem employment be tried. In, other words, two part-time persons instead of one full time person would be 'hired for a position. It was brought up that part-time policies of the City were excellent in that part-time employees received fringe benefits as well as the full time employees. Questions were 'raised as to whetLer,or not the'.Human Relations Commission had any jurisdiction over social organizations which - discriminate on the ;basis of:sex in .their membership,policies. The Commission has no control over fraternalorganizations on campus. Also, the Commission was waiting for cases to be resolved at'the national court level concerning the Elks', organization before proceeding with fraternal club investigations., Also, Dick Braverman indicated that he was a member of the Rotary Club and that if it was found that the organizationwould not allow' women members he would quit., A suggestion was made that with the onset of program budgeting, funds expended for social planning should be 'delineated. This would be helpful to see how much the Human Relations Commission actually expends along with other social planning agencies.'. Mori'Costantino asked Councilman Czarnecki what had prompted the Council to increases the budget for Boards :and .Commissions from ,$5,000 to $10,000. Czarnecki answered that this money had not ,been allocated, that it r was in the form of a'block grant, and application for funds should be made to the:Office,of the City, Manager. Councilman' Czarnecki indicated that, if the Human Relations Commission feels that they really need staff separate from what they now have, they should make a concrete proposal to the City Council on this matter. 'However, the 'Councilman did caution the Commission and all those present against using other cities as examples for comparison. He felt that p y to compare Iowa Cit and Iowa City Human Relations Commission to other cities such 'as, ',Cedar 'Rapids and Madison which have different forms of government and different types of Human Relations Commissions might not profit the Human Relations Commission here. It was suggested that a summary of the EEO -9 form be prepared by the City; which would include a breakdown of the City organization by salary', as well as classification and sex and minority status. It • was requested that all reports prepared for and by the Human Relations Commission be submitted to the Public Library as public information. • MINUTES IOWA CITY HUMAN RELATIONS COMMISSION December 4, 1973 The Iowa City HumanRelations Commission met in special session on Tuesday, December 4, 1973 at 12:00 boon in the Conference Room of the Davis Building.', MEMBERS PRESENT: Donald Hoy E. J. Means Celia Roberts Richard Braverman Sally Smith Mori Costantino Phil Jones John Balmer Paul Neuhauser STAFF PRESENT: Nancy Voller,tsen Kay,Maune Don Hoy opened the meeting by explaining the purpose of the special session was to discuss the question of whether or not the Human Relations Commission should go ahead with the coming Sunday night meeting.. The Chairman asked if another public 'forum, meeting wov,ld be productive to the Commission. Phil Jones inquired as to the purpose of the past Sunday evening meeting and also the object.. of the coining Sunday evening meeting.' Don Hoy indicated that the Commission wanted to know what:it could do to make Iowa City a,place where - minorities would want to`come, 'work and stay: Phil Jones indicated that he was opposed to putting the black minority, population of Iowa City on display in a public forum, and he personally would have a problemlasking black people to come to such a meeting. He felt that the forum.was probably not the best way of getting the concerns of the people to the attentionofthe Commission. Celia Roberts indicated that she also felt the forum would do no good because "after all you cannot legislate someone's heart," and to just have a session wherepeoplecould come and complain does not;mean anything. Dick Braverman indicated that he felt the majority of the Iowa City population does not'know that there is a problem with minorities in Iowa City. -Phil Jones again reiterated that :the black population should not be,put on display ,to,obtain ;information or to try to educate the public. Sally Smith indicated that possibly the school system is where the Commission should start in sensitizing the page 2, f • Human Relations Commission Minutes December 4, 1973 community to minority problems. Phil Jones indicated that the School Board had appointed a commission on racism in schools which had done a certain amount of preliminary research, generateddata, had.met with the School '',Board, and the second report was out. He felt that a lot of the black people had already been contacted in a private manner for this 'report and'that -possibly working' through the School District the Commission could obtain the information they desired. Celia Robertsjindicated that a,movie being used in Cedar Rapids entitled, "Prejudice" might be a beneficial movie for the Human Relations Commission to review and possibly use in the community. Phil Jones mentioned the Human Rights Committee of the Teachers' Association. Apparently they have submitted'a report to HEW concern- ing humanrelationsand have received, preliminary funding for train- ins6 sessions in the school on human relations. ,This type of 'approach' where one organizes oneis questions and ideas and then; gathers data would 'seem >preferable 'to holding a public forum at this time. Bud Means moved to postpone the Sunday night meeting until such a meeting could be 'structured in a manner which would accomplish the original objective of,the Commission. The motion was seconded,by Celia Roberts and passed by unanimouslvote of the Commission.' Don Hoy asked the press who were present .to relay the information to the`Community,that the meeting had not been canceled, but postponed until.such time as the Commission was ready to proceed. The meeting, adjourned at 12:40 p.m. STAFF PRESENT Dill Neppl The meeting was called to order at 7:40 P.M. The, proposed agenda for the evening was as follows: 1. 'Review of minutesr 2..Report by the chairman 3. 'Ordinance Provision VI Rev. Welsh distributed copies of the memorandum he prepared for the Muscatine.study committee..,The Chairman also reported on information he had received from Mike Holland at Cable Tele- vision Information Center. According to FCC Regulations, the management has to provide five minutes of dive -studio time free. All other costs can be charged for if so desired, by the management. Point-to-point communication is legally and tech- nically possible.The Chairman has contacted the.Institute of Public Affairs and they have indicated a,willingness.to assist in the organization of workshops. The 'question was brought up in regard to changing ofmeeting time in light of the energy, crisis. The Committee does not wish to make a change at this time. The minutes of November 5 were reviewed by the Committee. The following corrections' were made: Page 2, Section III D 4., third line should read, "municipality and public . Page 2, Section V'A, first 'line should 'read "To employ manage- ment With'the two above corrections the minutes were approved for submission to the 'Council. The rest of the meeting was devoted to review, revision and approval of Section VI of 'the Ordinance Provisions. Section VI A. 2. i is to read, "Provide requested services " B. 2. is changed 'to read, according to a plan approved . . " Included in the motion for these sections it was also moved to eliminate all references to private ownership throughout the 'entire Ordinance Provisions. The vote to approve these sections with the above amend- ments and the motion in regard to private ownership was 7-1. • • MINUTES Iowa City CATV Committee November 19, 1973 Page 2 B. 3. should read, new subdivisions concurrently With the above amendment the vote in favor to approve was B-0. B.``4. a. (1) is changed to read, distribution system or equivalent channel capability."I! B. 4. a. (2) is changed to read, and access cable- casting or a system of equivalent capability. The With the above amendments the vote in favor to approve was 8-0. B. 4. c. (1) should read, .shall provide in accor7 dance with FCC Regulations a minimum "-Three network off the air signals "-Two duplicate off the air signals," "-One educational off the air signal" and "-Two independent off the air signals.1f B. 4. c."`(3) should read, "The 'Board' shall provide, subject to permission of licensed operator of Channel 121 additional off the air educational channels.." B.'4. 4. c.'(4) is to be replaced by Blum's proposals for FM signals. (See Attachment A) The vote;in favor to approve Sections B. 4.'b.' and B. 4. c. was 8-0. B. 4. c. (5) It was approved by a 5-0-3 vote to delete this section. B. 4. c. (5) formerly (6) should read, three bject . . . ",amend-i . channels if requested subject With the above ment the vote in favor to approve was 8-0. B. 4. d. (1) should read "The 'Board' shall provide both portable and stationary equipment to be used by access cablecasters with the aid of a technical and production staff." "In addition, a centrally, located studio avail- !able to all access users on a first-icome first-served basis." 4. d. (4) should read, "The 'Board' shall provide a minimum of twelve portable video/audio ,recording systems, consisting:of porta-pack systems, 8mm sound cameras or equivalent. The 'Board' shall provide for every citizen, upon request, training in use of the portable video/audio recorders and cameras. The 'Board' shall be responsible for maintaining the�equipment and provide batteries and tapes to trained persons at prorated costs or less. Addi- • tional equipment to be made available as use demands." With the above amendments the vote in favor to approve B. 4. d. (1) (4) was 8-0. • MINUTES Iowa City CATV Committee November 19, 1973 Page 31: There was a motion to change the heading of B. 4• d. to "Public:Access Programming, Facilities."> The vote in favor to approve rove this motion was 7 for - 1 abstaining. B. 4. d. (5) should read, "The 'Board' may provide a struc- ture through which the jowa City Community School District, University of Iowa, Coralville, Johnson County, etc., can work together for the development and use of the access channels." The motion on this section includes moving (5) to Section V. I. With'the above amendment the vote in favor to approve this section and move,as beforementioned was 573. B. 4. d. (6)formerly (7) should be,replac6d.by Blum's "Procedure for Preservation of the FCC Rules Regarding the Presentation of obscene, Lottery or Advertising Information." (See Attachment B), With the.above'amendment the vote in favor to approve B. 4.id. (5) formerly (6),and B. 4. d. (6) formerly (7) was 8-0. B.'4. e. (2) should read, "The 'Board' shall, when economi- cally and legally feasible, extend service to all Iowa''City District Schools outside Iowa City, and to all buildings of the University not previously, served.", With the above amendment the vote in favor to approve B. 4. e."(1) - (4) was 8-0. B' * 4. f. (2) There was a motion to change the reading to, "No monitoring of any type is permitted. Such prohibition shall not prevent cumulative viewing analysis and research sampling." This motion was denied by a 4-3-1 vote. The vote to leave B. 4. f. (1) - (3) as is was 7-1. B. 4, g. and B. 4. h. There was a 8-0voteto leave these sections as are. There was some discussion regarding the possibility of adding Section B. 4. i. There was no vote taken on this matter. The meeting adjourned at 10:30 P.M. Attachment A FM SIGNALS VI.B.4.c.(4) (a) There shall be no maximum number of FM signals which may be carried by the system. (b) Minimum Signals The following signals'shall be the minimums carried by the system: (11) Any stations licensed for broadcast within the communities which serve the system with primary TV signals and which are affiliated with 'National Public Radio, or are non-commercial or: educational stations. (2l) In addition, at least one station from each .co:mu- nity'which suppliesTVsignal shall be carried. (c)So long as 'there is requested use, the system shall main- tain one FM signal as a local access facility, for use by the public, local government and educational authority,' under the same general rules as apply to access cable - casting. (d) So ,long as economically feasible, the system shall main- tain one FM signal of general listening music without commercial interruptions. : (e) Insofar as possible, the signals carried shall be ,selected as to provide as broad,a variety of ,programming as possible. (f) All of the above, notwithstanding off the air signal need be carried which is not sufficient in strength at the system head-end.,to provide:adequate -signal strength. (g) Mi2imum facilities shall consist of: (11) Studio(not necessarily separate from TV studio) (2 ) Sufficient microphones for'cablecast of up to and including small groups (approximately 6'people) (31)Equipment for receiving and cablecasting telephone calls (41)- Equipment for playing all commonly current prere- corded materials over 'the' cable Attachment B • PROCEDURE FOR�PRESERVATION OF THE FCC,RULES REGARDING THE I I PRESENTATION ,OF OBSCENE, LOTTERY OR ADVERTISING INFORMATION It shall be the general policythat presentations to be cablecast over the access channels shall be prerecorded and delivered into the hands of:the operating personnel of the system no later than 24 hours prior,t,o its scheduled cablecast time. Exceptions to this policy shall be made by the system management when appropriate and shall be based primarily, although not exclusively, on requirements for spontaneity and timeliness. The management, in addition, shall make available certain preannounced times of approximately one hour per week, or more if that amount, of time seems insufficient, for so-called "walk in live presen- i tations. VI.B.4.d. (7) Procedure for I Preservation of the FCC Rulesng the Presen- R tation of Obscene, Lottery orAdvertisingnEWtIon: (a) Live Presentations: one'individual, who shall be designated Program Director, shallbe present during all:access pro- gramming and shall have responsibility for maintaining rules pertaining to presentation of matter whichlsobscenef adver- tising or lottery information. i(b) Procedure for Prerecorded Presentations: Themanagement shall designate an individual(s) to screen all prerecorded materials for content as applies to the above:mentioned. rules. If the material is judged to be outside the rules, the presehtor shall be:�notified ands given an opportunity to 'make suggested alterations. If the presentor objects or disagrees with the management with regard to violation of the rule, he shall so'notify the general management of the system.'; Upon such' notification, the management shall convene an appeal hearing in accordance with the procedure established above. (c) CONSTITUTION OF APPEALS BOARD The general management of the system shall appoint, within 10 days of the beginning of cablecasting activity, one individual to serve on the above mentioned,Appeals Board. The length of term shall be determined by the management of the system. The City Council of!Iowa City, acting upon recommendation of the community at'large, shall appoint an individual from the community, not an employee of the City or any municipal agency, to serve as Chairman of the Appeals Board for a:period of one year repeatable terms. 2 A third member of the Board shall be appoint -ad on each occurrence by the individual or group whose presentation has been,challenged on the basis of!obscenity, lottery orladvertising information. Any,decision of the Board in regard':to presentations shall be made by a majority of two members. (11) PRE-EMPTORY CHALLENGE: Any "offended party" whose cablecast has been interrupted,or prevented from showing may pre-emtorily challenge either one of the two permanent members of the'Appeal Board from parti7 cipating in the decision on any one specific matter. Upon such challenge, the challenged party shall be excused from deliberations on the specifically named appeal and the remaining two members shall appoint a third person to sit on the Board during the course of that deliberations. (d) If, at any time any person or group.is refused access to the use of the cablecasting facilities on the access channels, for any reason whatsoever, that person or group shall have the same rights of. appeal as specified in Section (e) In accordance with FCC Regulationst: there shall be no censorship of program content on Access Channels. MINUTES Iowa City CATV Committee November 26, 1973 MEMBERS• PRESENT: 'Blum, Cordier, Ehninger, Eskin, Hubbard, Prediger and ,Welsh MEMBERS ABSENT Russell STAFF PRESENTBill Neppl The meeting was called to order at:7:45 P.M. The minutes of November 19 were distributed to the members for their review. There was a discussion covering many ideas relating to installa- tion and service rates. The remainder of the meeting was concentrated on the review, revision and approval of the Ordinance Provisions.'' Section VI. B 5, a, should be changed to read, ". , of the system`. Such contract to include performance bonds, standards', etc. 6. It was recommended that 6 become 6. a. 7. It was also recommended that '7. become 6. b. The vote in favor to approve 5, 6 and 7 as amended was 7-0. 7.'a. formerly 8. After some discussion on this section, it wasdecidedby the Committee to take no action at this time. 7. b. (4) is changed to read, "Rates for multiple apartments, hotels, motels and non' -residence 1 - ,5.00 Next 9 3.75 Next 10 2.50 All over 20 - 2.00 All over 100 - By:Negotiation Additional outlets in a single apartment - $1.00. .The above • rates apply only where all outlets are on the same premises, under one ownership and with billing to one customer." The vote in favor to approve 7.'(1) - (7) as amended was 6-0-1. There was a recommendation to add section 7. b. (8), which reads as, follows, "The 'Board': shall study and recommend possibleadjustments in the rates for low income, persons, in light of its economic feasibility and the"desire for high; penetration. The vote in favor of adding 7. b. (8) was 5-0-2. It was also recommended to add section 7. b. (9), which Meads as follows, "The 'Board' shall be free to recommend to;the City Council rates for all 'other services." The vote in favor of adding 7. b.'(9) was 7-0. 7. :e. -There was a 3-4 vote to maintain this section as? = is .There was a 7-0 vote to amend 7. e. to read as follows, "The income from the system shall not become a part of the operational budget of the city." 7. f. (2) is changed to'read, "Employeeslof the system are encouraged to take up residence in the area served." The vote in favor to approve 7. f. (1) and (2) as amended was 7-0." 7. g. After discussion, it was decided to table, section g. for further consideration. 7. h: It was approved by a 7-0 vote that Appendix C be made'a part of said section. 8. a'. This section shall be deleted. 8. b. should read,," as deemed advisable and as required by the FCC' Regulations, to the "-and . .'open to the Council and public at all times." It was also recommended that section 8. be abolished and subsections b. and c. be moved-to:be''made sections under 9. Miscellaneous Items. All changes made within Section 8. were made only by common consent. The meeting was adjourned at 10:30 P.M. NEXT MEETING OF CATV COMMITTEE - Monday, December 10 at 7:30: p A l/•f T, � •'i�� / �q SII• �,M ',�.�i � yQ�..��f• ,,, Y/v�Jyy'�/�', '.�N/.,/ '.�r,/��•c'�T r,:./�' �w 70, IMMUNITY DEVELUF Agenda Planning & Zoning Commission Iowa City, Iowa December 13,'1973 -- 4:00 p.m. Council Chambers Civic Center A. Call to order by Chairman B. Roll Calll C. Approval of Minutes of Preceding Meeting L Minutes of meeting of November 29, 1973. D. Zoning Items 1. Z-7315. Southgate Development Co. Request for rezoning of Hollywood andBlv(R3Bd o C2) aycated:.on southeast corner of tract of land (R3B to C2) 1o,Street'. Date filed: 11/7/73}. .45 -day limitation: 12/22/73• Denied by P & Z: 11/29/73. To be reconsidered. 2.- Z-7316. Streb-National By -Products. Request for rezoning (RIA to M1) for :triangular tract of land,'west of'Iowa River and south and east of, CRI & P RR, all of the area beino,'east bf Riverside Drive., Date filed: 11'/14/73. 45 -day limitation: 12/29/73. C. Subdivision' Item 1: 5-6919. Macbride Addition, Part 1 (vic. due south of Melrose Avenue and adjacent to either side of Westgate Street) a. Amendatory to final plat as passed by City Council on May 20, 1969- of Macbride Road as listed b. Vacation of portion under F -Vacating Items. F. Vacating Items 1. V-7309. Request for vacation of portion of Lower; West Branch Road from its intersection with Rochester. Avenue to intersection with Amhurst St., City Council referral: 10/30/73.' 2. V-7310. Vacation of portion of Macbride Road presently platted in Macbride Addition, Part 1. Request made by Macbride Addition, Inc. Date filed:, 11/13/73. . G. Adjournment Next regular meeting -- December 27, 1973. STAFF REPORT Planning & Zoning Commission 13 19 7 3 December , • Z-7316. Rezoning request of SUBJECT:Alvin F. Streb and'National By-Products, Inc. from RIA to Ml (vic. east of Riverside Dr. and southwest of the Chicago, Rock Island & Pacific Railway). Date filed:' 11/14/73. 45-day limitation:, 12/29/73. The area encompassing the STAFF ANALYSIS': subject tract is developed predominantly with uses characterized as industrial, wholesale and warehousingestablishments including a business forms manufacturer, feed and grain mills, contractors yards, constructionacompanies, om anies , businessesstoraqe rincludinghan implementsale rdealers and some bait shop, budget she and automobile repairarkspand several residential uses including; two mobile home p Sing family homes; Because of ahe existence of ubjectntract, the north ;and west of the subject in on t conducive uses, ,the D12 zon g not on the �outh,!,the Property;, is and the C1 zoning except for perhaps the uses to the ,development of residential u , to the extension of'the existing mobile home park immediately south.' Industrial or heavy commercial uses can hardly be considered compatible to residential uses Yanleallanng eshoulbile d be developed of this present conflict, long 4 -P to either pusse out es and/orlprov�desuitablel zones of,transitiNe uses or industrial and simpler solution. the latter being a more Practical and Never commer theles, because of the predominazice'of industrial and heavy commco ercial uses teffectaare upon residentialand because inuuses athanavicemversal uses ':have a greater any further expansion orlencroachment of residential uses should be discouraged to stabilize the present conflict. It would thus appear that the ,to rezone_the'subject petition tract to an.Ml<zone for light uses compatible with existing industrial and commercial uses is a ses permitted 9inst. According to,the Zoning, Ordinance, however, useP confined the Ml zone In otherwords, any use include "any use except, those specifically to M2 Heavy Industrial Zone :.. . , ' s are ermitted in including residential and commercial hodgepodge"pdevelopment. the Ml zone which only applicant intends to develop' For this reason and because ,the app, an industrial park, the IP zone, which i cto be at more uses uses excluding M2 uses, would app The applicant has, however,etmitreaeanathe SIP zone except casWan • houses which would not be'p acceosory use to an industrial use. i' -2- • The only available means of insuring that the'property would be used ,for only industry and including warehouses is by one of two methods: 1. Revising the Zoning Ordinance to permit warehouses as a _ separate use in the IP zone or 2. Requesting that the applicant submit a restrictive covenant, usually in favor of adjoining property owners, restricting himself to the development.of only industrial and warehousing establishments in the M1 zone. The first method is a more practical solution but also more time consuming. The second method can be less time consuming, but unless they are made aware to the building officials at the time building permits are issued, the'covenant may be unenforced. Finally, since the, purpose of zoning is for the stabilization and preservation of property values, consideration"should'be given to the protection of"the,mobile home park directly to the south from the. detrimental,effects of industrial activity'. For this reason and because no side or rear yards are required in the MI or IP zone, except where adjacent to,a residential - zone,`a buffer strip, free of structures, storage or parking should be provided'' along the mobile home court. STAFF It is the Staff's recommen- RECOMMENDATION: dation that the petition be ,'denied and the property, with the exception of the east 506.1 feet of ,the south 100 feet, be rezoned, to an IP. zone or if it is the applicants strong intent to establish warehouses as a separate use, the, application be deferred until the IP zone is amended to include warehouses or until restrictive covenants on the subject property have been initiated by the applicant to permit only industrial uses and warehouses in the M1 'zone, COMMENTS: As is apparent in this case,', there needs to be some consideration' given to either creating a separate district' for mobile home parks or establishing mobile home parks as a special use lin'a residential zone -- mobile homes are residential uses and should not be catagorized as commercial uses permitted. in only a C zone with commercial uses, since the two can be highly incompatible. • d 'j STAFF REPORT (PART TWO) • .1 Planning & Zoning Commission December 13, 1.973 SUBJECT: V-7309. Vacation of Lower West',Branch Road between, Rochester Avenue and Amhurst Street. Date filed: October 30,:1973. STAFF An analysis was previously ANALYSIS: made on the vacation of Lower WestBranch Road in 'a' Staff' Report dated November 29 1973 to ;,the Commission.' In.said report, it was the Staff's recommendation that the street be vacated to discourage through traffic from using it as an arterial street' function and',because of its extremely dangerous intersection with Rochester Avenue. It 'was also mentioned that the _vacation would, permit a more suitable development of the undeveloped quadrant at the ,southwest ;corner ' of the intersection' of Rochester Avenue and Amhurst Street. It' should be recognized thatthere are at least, three tracts ',of'land in separate ownership (see` property lines indicated on the suggested development plan) south and west of Rochester Avenue and Amhurst Street' respectively; which can present a problem in designing a unified residential development of said quadrant.) This report will attempt to analyze; this problem and determine whether there are suitable alternatives for access to each particular parcel of land,as well as a logical development of the area before confirming the previous recommendation to vacate Lower. West Branch: Road. The first parcel of land in separate ownership will be identified as that property ,lying ;south of Rochester Avenue, west of the extension northerly of Amhurst Street and north of Lower West Branch Road. Access to this parcel is 'immediately available from Amhurst Street extended;northerly,',and the parcel can be merely subdivided into three or more lots as indicated on the suggested development plan. 'If Lower West Branch Road is vacated,,the '66 foot right-of-way would provide an additional lot. The second parcel of land ,in;separate ownership will be identi-, fied as that propertylying west of the first parcel, south- easterly of Rochester Avenue, and north of Lower West Branch Road Should the property owner wish to subdivide his land into residential lots, it is suggested that the property be integrated with the property to the south as could be accomplished according to the suggested development plan. As the plan illustrates,, the property could be developed with a turn -a -round which would ,, -2 - serve 2serve four lots and a "flag lot", a lot having reduced frontage wide enough for a Private driveway. The subdivider of the property torthe south would then be required tolconnect 'to the turn=a-round. Access to this property is presently available from Rochester Avenue. When the tract is subdivided, it is recommended that access to Rochester Avenue eventuallybe terminated. A' temporary access easement as shown in the ,suggested develop- ment plan would suffice as a'means of access until: the property to the south is developed. As another alternative, right-of-way for a street to connect with the turn -a -round from Amhurst Street could be reserved in the first parcel, however, at the loss of one lot in the first parcel and one lot in the second parcel.. Access from Amhurst Street along Lower West Branch 'Road should be discouraged. Four -legged intersections particularly with collector -and major arterial streetshasa high accident' potential. ,In a reportipublished by the Bureau of: Govern- mental Research andServicesof the University of Washington entitled Design -of Subdivisions, it was found that :the ratio, OJ- four -legged intersection;accidents'to T -intersection accidents was 14 to 1 in limited access subdivisions and 31 to 1 in grid pattern subdivisions. The third parcel of.land,in separate ownership will be identi- fied as that 'property lying south of Lower West Branch Road and west of the subdivided lots along Amhurst Street. This parcel is the largest of the three and -.can 'be developed with accesslfrom three different points:_ Rochester Avenue, Lake Forest ,Avenue, and Westminster Street in 0akwoods - Part 7 a is illustrated in the suggested development' plan. While it is recognized that the vacation of Lower West Branch Road would create some inconvenience to property owners accustomed to using the street, access would not be denied, and there are suitable alternatives for the development of the three tracts in'separate ownership ,as'mentioned above. The Staff, therefore, upholds the original recommendation to vacate Lower West Branch Road between Rochester Avenue and Amhurst Street: t 4 , 'x_ a I 'y I 1 n — 4 I t 1' , Y y •1: ens s7; I. dig r.Fn I Y Y {tit f, , j i w