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:
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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:
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