HomeMy WebLinkAbout1993-12-07 Bd Comm minutes
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SUbjact to Approval
MINUTES
IOWA CITY PLANNING AND ZONING COMMISSION
NOVEMBER 18, 1993 7:30 P.M,
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Ann Bovbjerg, Dick Gibson, Jane Jakobsen, Tom Scott
MEMBERS ABSENT: Pete Cooper, Sally Diarks, George Starr
STAFF PRESENT: Bormann, Moen, Schreiber
RECOMMENDATION TO CITY COUNCIL:
1, Recommend approval, by a 4.0 vote, of amendments to the Zoning Ordinance to allow
unlicensad, but stata'regulated, supervised housing for adults with disabilities in
residential areas, as proposed in the November 12, 1993 memorandum from staff.
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CALL TO ORl2ml:
Scott called the meeting to ordar at 7:37 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
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Thare was none,
ZONING ORDINANCE TEXT AMENDMENT ITEMS:
1. Public discussion of a raquast submitted by Systems Unlimited, Inc.. to amend the
Zoning Ordinance to allow unlicensed, but state-ragulatad, supervised housing for
adults with disabilities In residantial areas.
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Moen said Commissioners had received a memorandum in their packets that describes
a proposal made by Bill Gorman of Systams Unlimited to amend the Zoning Ordinance
to radefine a family care facility to incorporate reference to a community supervised
living arrangement. The reason for this request is that it was discovared that, in the
City'S lower density residential zones, the City's current ordinance precludes more than
three unrelated people with mental retardation or developmental disabilities from living
together unless in a family care environment; three unrelated disabled persons living
together with a counselor in a community supervised living arrangement is presently
not allowed in the RS.5, RS-S and RFBH zones. Staff recommends that the definition
of a family care facility be redefined to include community supervised living
arrangements, which are regulated by state law and have minimum accraditatlon
requirements. The current ordinance references that supervision is in a family care
anvironment by a resident family; staff also recommands the addition of "or
counselor(s)" to accommodate a community supervised living arrangement.
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Public discussion opened at 7:40 p.m.
There was none.
Public discussion closed at 7:40 p,m.
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Planning & Zoning Commission
Novamber 18. 1993
Page 2
Gibson moved to amend the Zoning Ordinance to allow unllcensad, but state-regulated,
supervised housing for adults with disabilities In residential araas. as proposed In the
November 12, 1993 memorandum from staff. Bovbjerg seconded, The motion carried
on a 4-0 vote.
Jakobsen noted this amendment does allow up to eight individuals to Iiva together in
such a facility.
2, Public discussion of requests to amend the CN-1. Neighborhood Commercial, Zone to
expand the types of uses allowed in that zone,
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Moen said the City has received two letters, one from Harry Wolf of Southgate
Development and the other from Bruce Glasgow of Plum Grove Acres,lnc" to consider
amendments to the Neighborhood Commercial (CN-1) Zone; these requests include
increasing the size of the zqne and expanding the number of uses allowed. The
Commission reviewed this zone about two years ago when it considarsd whether tha
zone should be enlarged; a year prior to that, the Commission considered and
racom'mended approval of enlarging tha number of uses permitted in the zone. The
Commission must dacide if it wishes to take up this issue again; if so, it must
detarmine where the item should be placed on the Commission's pending work
schedule, At tha November 15. 1993, work session, the Commission suggested
moving item 1/6 (investigate the use of impact fees to finance the acquisition of
elementary school sites) to Fiscal Year 1995; staff has begun preliminary work on that
item and, becausa a consultant will probably be hirad to assist with this project, there
will be no additional immediate staff work required, The amount of work Involved with
the amendment of the CN-1 zone would be mora time-consuming and Moon suggested
that aither item 1/ 7 (review development ordinances for barriers to the provision of
affordable housingl or 1/8 (devalop an ordinance protecting ravines and non-
jurisdictional wetlands) be shifted instead to Fiscal Year 1995 if the Commission
intends to 'Considar amendments to the CN-1 zone in Fiscal Year 1994.
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Public discussion opened at 7:43 p.m.
Harrv Wolf, Southoate Develooment Comoanv. said Southgate is currently planning the
Walden Square neighborhood commarcial development as a 1994 project; one-half of
the site has yet to be planned. The purpose of the letter he sent was to request
consideration of some modifications to tha zone in order to allow Southgate to develop
the balance of the site at the highast and best uses for the area. Southgate beliaves
they can do a good job developing the site under the current CN-1 zone regulations but
could do a graat job with some modifications to the zone.
Wolf said there are a number of modifications that Southgate is asking the Commission
to consider as soon as time allows; since the Commission's agenda is full, an
alternative would ba for the Commission to prioritize the requests, The two highest
priorities for Southgate's planning process ara; 1) reconsideration of allowing
apartments In the CN-1 zone, as was allowed In tha past; and 2) Inclusion of personal
service establishments as a permitted use, to allow Housing & Inspection Services
some latituda In permitting additional uses in that zone,
Public discussion closed at 7:47 p.m,
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Planning & Zoning Commission
November 18, 1993
Page 3
Scott said he is not interested in reconsidering a change in the allowed size of tha eN-
1 zone but would be willing to review tha uses allowed within the zone.
Jakobsen moved to adopt the following list of pending Items for Fiscal Year 1994:
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1. Zoning Issues:
e. Reevaluate the OPDH Zone. providing for its application to specific
properties at the City's Initiative. (December, 1993)
b. Study tho efficacy of eliminating or expanding the permitted location of
residential uses allowed In the CI-1 Zone. (May, 1994)
2. Develop regulations preserving trees. (October, 1993)
3. Draft ordinances establishing mechanisms such as impact fees and exactions
to Implement the Neighborhood Opan Space Plan. (December. 1993)
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4. Review expanding the types of uses allowed in the CN-1 Zone. (March,1994)
5. Reestablish the Coralvlllellowa City Annexation Agreement. (November, 1993)
6. Investigate the usa of Impact fees to finance the acquisition of elementary
school sites. (April. 19941
7. Review development ordinances for berrlers to the provision of affordable
housing. (May, 1994)
and to move Item #8 (Develop an ordinance protactlng ravines and non'Jurlsdlctlonal
wetlandsllo Fiscal Year 1995.
Gibson secondad. The motion carried on a 4.0 vote.
COMPREHENSIVE PLAN AMENDMENT ITEM:
1. Public discussion of an amendment of the Comprehensiva Plan to change the land use
map designation of property located east of Harlocke Street from 16-24 dwelling units
per acre to 2-8 dwelling units per acre.
and
REZONING ITEM:
1. Public discussion of a City.initiated application to rezone an approximate 17.08 acre
tract of land located generally on the east and west sides of Harlocke Straat and north
of Highway 1 West from RM.44, High Density Multi.Family Residantial, to RS-5, Low
Density Singla.Family Residential (approximately 5.5 acres), and RM-12, Low Density
Multi-Family Residantlal (approximately 11.58 acres).
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Planning & Zoning Commission
Novamber 18, 1993
Page 4
Jakobsen moved to defer an amendment of the Comprehensive Plan to change tha
land use map designation of property located east of Harlocke Street from 16-24
dwelling units per acre to 2-8 dwelling units per acre and a City.Jnltlated application
to rezone an approximate, 17.08 acre tract of land located generally on tha east and
west sides of Harfocke Straet and north of Highway 1 West from RM44, High Density
Multi-Family Residential, to RS-5, Low Density Single-Family Residential (approximately
5.5 acres), and RM-12, Low Dansity Multi-Family Residential (approximetely 11.58
acresl to Junuary 20, 1994. Bovbjerg seconded. The motion carrfed on a 4'() vote.
Scott noted the major parties involved in thase items have agreed to the deferral to
January 20, 1994,
CONSIDERATION OF THE MINUTES OF THE OCTOBER 27. 1993, AND THE NOVEMBER 4,
1993. PLANNING AND ZONING COMMISSION MEETINGS:
Bovbjerg moved to approve the minutes of the October 27, 1993, meeting, as printed and the
minutes of the November 4, 1993, meeting, as amended. Jakobsen seconded. The motion
carried on a 3-0-1 vote. with Gibson abstainlno bacause he was not present at those
meetings.
PLANNING AND ZONING COMMISSION INFORMATION:
Moan raported a joint public hearing of the Iowa City Council and the Johnson County Board
of Supervisors to considar proposed amendments to the Fringe Area Policy Agreement has
been scheduled for January 24, 1994, at 6:30 p.m, in Room A of the Iowa City Public Library.
She noted a meeting of the Fringe Araa Subcommittee has also been scheduled for Dacamber
16, 1993, at 1 :00 p.m. in the City Manager's Conference Room.
ADJOURNMENT:
Jakobsen moved to adjourn at 8:02 p.m. Bovbjerg secondad, The motion carried on a 4-0
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Ann Bovbjarg, Secretary
Minutes submitted by Nancy Schreiber
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MINUTES
PARKS & RECREATION COMMISSION
November 10, 1993
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
GUESTS:
FORMAL ACTION
TAKEN:
Tom Bender, Bill Brandt, Deb Liddell, Matt
Pacha, John Pelton, Dee Vanderhoef, John
Watson
John Beasley, Mary Weideman
Blanchard, Carroll, Coffin, Kriz, Moran,
Norin, Trueblood
Casey Cook, Terry Dahms, GUY and Sue
Drollinger, Bruce Maurer
Pelton stated the votes on the motions
,relating to the "Incas Road" project were
incorrect. The vote on the first motion,
(Moved by Pacha, seconded by pelton, to
discontinue discussion of the project and to
vote whether or not the commission was in
favor of the "Incas Road") should be AYES:
Pacha, Pelton; NAYS: Vanderhoef, Weideman;
ABSTENTIONS: Beasley, Brandt; and the vote on
the second motion, (Moved by pacha, seconded
by Pelton, to table discussion of the project
until further information can be obtained)
should be AYES: Beasley, Pacha, Pel ton,
Vanderhoef, Weideman. ABSTENTIONS:' Brandt.
Moved bv Pacha. seconded bv Pelton. to aoorove
the minutes of the october 13, 1993 meetina as
above amended. Unanimous. Watson questioned
the reason behind the abstentions; Brandt
stated he abstained because there was not
enough information available for him to make a
decision. Watson stated members are suppose
to make up their mind and if they can't,
abstaining is not the right vote, noting a
person would abstain if there was a possible
conflict of interest. Brandt indicated he did
not feel comfortable voting on this issue
without further information.
Moved bv Bender. seconded bv Vanderhoef. to
inform the Ci tv council that the Parks &
Recreation commission would very much like to
retain the oresence of the carnival rides in
citv Park. AYES: Bender, Brandt, Liddell,
pacha, Vanderhoef, Watson. NAYS: Pelton.
The motion carried.
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Moved by Liddell. seconded bv Watson. in lioht
of the nersonal sacrifice of the Drollinoers
that the city assist them in cleaning un and
restorino the area around the rides and
waivino the commission received by the city
for two vears. AVES: Bender, Brandt,
Liddell, Pacha, Vanderhoef, Watson. NAYS:
Pelton. The motion carried.
Moved bY Vanderhoef, seconded bv Pel ton. to
endorse the River Trail Plan as nresented by
Liddell in the slide oresentation and in
written form. Unanimous.
DROLLINGER RIDES:
Trueblood introduced Bruce Maurer, one of the
newly appointed commission members, and
reported Jana Egeland was the other appointee.
They will begin their terms in January,
replacing John Watson and Mary Weideman.
GUY Drollinger was present to address the
commission with respect to his desire to
continue operating the carnival rides in lower
city Park. A copy of the letter sent by Guy
Drollinger to staff was included in the
commission's packet. Guy Drollinger stated
his father, Lyle Drollinger, has agreed to
help him, and he would still be involved in
running the rides with him. Drollinger stated
he would like to improve the appearance of the
carnival ride area, and is exploring the idea
of the city helping to construct a buildipg
near the rides to be used as a
concession/ticket stand and for office space
and tool storage. Trueblood reported he met
with GUY Drollinger and discussed ways in
which the city could help in his effort to
reopen the carnival rides; possibilities are
to waive the percentage the city is paid for a
period of two years (5% of all
concessions/rides), assistance in cleaning up
the general area and putting in gravel, and
helping to construct an enclosed building,
similar to the smaller shelters in city Park.
Trueblood indicated there could be a problem
constructing a permanent building in this area
since it is in the flood plain. He reported
the city Engineer's initial opinion that it
might be better to have a mobile unit which
could be moved out of the area in case of a
flood. Trueblood stated more work and further
investigation needs to be done in determining
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whether an affordable building could be
constructed in this area. Trueblood stated
the commission needed to make a recommendation
to the city council with respect to
continuance of the carnival ride operation and
if so, to make a recommendation as to whether
or not the city could assist in that effort.
Guy Drollinger stated the main thing he wanted
to do was to continue the carnival ride
operation, with everything else being
secondary. He indicated if the city decided a
mobile unit would be more feasible than a
permanent building, he would understand.
Brandt polled each member. pacha stated if
there was a motion recommending continuance of
the carnival ride operation he would be in
favor of it, but noted he did not have enough
information on the other ancillary questions.
Vanderhoef stated she was in favor of the
continuance of the carnival ride operation in
city Park. Pelton stated when he first came
to Iowa city and saw the rides he was amazed.
He wondered why this person was allowed to
operate a commercial venture on city property,
and he could envision other commercial
enterprises wanting to operate in the park.
Pelton stated when the flood occurred and Lyle
Drollinger thought he would discontinue the
operation, he thought it was a good idea and a
good time to get rid of the carnival rides.
He stated his philosophy of parks is that
parks are natural areas where people can go to
enjoy nature and each other, and felt they did
not need to be entertained by a carnival. He
stated he would not support continuance of the
carnival ride operation in city Park. With
respect to the building issue, he stated the
idea of the city funding a private activity
would concern him. Watson stated he was in
favor of keeping the rides in city Park. He
felt it was a charming setting for the rides
and they were an attractive addition to the
park in terms of their use by people and
children. Watson stated he shared Pelton's
concern with regard to a building. He stated
if there is a building the city should build
and own it, and rent should be charged for its
use. He indicated he was not against waiving
the percentage for two years in order to help
get the Drollingers back on their feet.
Bender felt the rides wer,e one of the many
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things that make Iowa city a very special and
unique place. He stated he was 'in the
insurance business and was aware of liability
exposure, but noted the rides have been in
city Park for a long time with minimal
problems. He stated it was obvious the
Drollingers were not in it for the money but
that they do it because it is a family
tradition, they enjoy the contribution it
makes to the park, and they enjoy being around
kids. He indicated he did not have strong
feelings either way with respect ,to a
building, and stated a permanent structure
would look nicer, but due to possible flooding
that maybe a mobile unit would be better.
Liddell stated parks serve different purposes,
and city Park has been designated as an active
use park. She stated she strongly endorsed
the continuance of the rides, and saw the
rides serving a purpose of bringing a sense of
community. She stated she would like to see a
permanent building, but if a trailer is the
short term solution she did not have a problem
with that. Brandt stated without the flood
the commission would not be discussing this
matter, the Drollingers would still be in
business and there would not be any
controversy. Brandt indicated he was born and
raised in Iowa city and could remember as a
kid going to city Park and riding on the
rides. He stated his children now enjoy the
rides as much as he did, noting he thought the
rides were the same price as when he was a
kid. He felt the Drollingers were doing it
for the enjoyment of the community and
strongly endorsed the city helping the
Drollingers as much as possible in order to
get the rides up and running again. Moved bv
Bender. seconded bv Vanderhoef. to inform the
citv Council that the Parks & Recreation
Commission would verv much like to retain the
oresence of the carnival rides in citv Park.
AYES: Bender, Brandt, Liddell, Pacha,
Vanderhoef, Watson. NAYS: Pel ton. The
motion carried.
Brandt stated the matter with respect to the
possibility of constructing a building in this
area should be left up to the city Engineer.
Bender stated he preferred a permanent
structure but that it would not make or break
the issue. Watson asked if the area is in the
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flood plain, with Trueblood indicating
virtually all of lower City Park is in the
flood plain. Moved bv Liddell, seconded bv
Watson. in liaht of the personal sacrifice of
the Drollinaers that the citv assist them in
cleaning un and restoring the area around the
rides and waivina the commission received by
the ci tv for two vears. AYES: Bender,
Brandt, Liddell, Pacha, Vanderhoef, Watson.
NAYS: Pelton. The motion carried.
Vanderhoef suggested if it was not possible to
construct a building in this area that the
city pour a concrete slab for a storage
trailer and erect a privacy fence around it,
then construct an open air shelter for
ticket/concessions sales. Trueblood stated
all possibilities would be considered to
determine what would look best in a park
setting, and what is feasible. Drollinger
expressed appreciation to the commission for
their support.
With respect to fund raising, Trueblood stated
Guy Drollinger had asked if the city would
have any problem with people raising funds
specifically for restoration of the rides. It
was the commission's and staff's opinion that
this was not a problem. Trueblood indicated
some people who have contributed money have
asked that a portion of their contribution be
used to help restore the rides. Watson stated
this money could help with the restoration and
clean up of the ride area. Drollinger stated
once the rides were operating again he would
like to have a free day, a day to show their
appreciation to everyone. Brandt stated this
was an excellent idea and the good will
achieved from it would be invaluable. Liddell
stated this could possibly be done in
conjunction with the reopening of city Park.
The River Trail slide presentation was given
by Deb Liddell. She stated the slide
presentation was commissioned by the
Riverfront and Natural Areas commission, and
they propose to use it to raise awareness
about the river trail, what their vision is
and for groups to check out which would help
fund raising efforts. She stated the plan is
to provide a contiguous, safe multi-use trail,
and the focus would be on transportation and
recreational needs of the communities; it
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HICKORY HILL
PARK (BICYCLISTS):
utilizes the Neighborhood Open Space Plan and
is designed to bring people to parks. She
stated in terms of funding that it would corne
from three areas; the public sector, road use
taxes and transportation grants, and private
funding. They are developing specific goals
for a major campaign to raise awareness and
funds. Liddell stated they are asking
appropriate bodies in the community to endorse
the plan, and they will take these
endorsements to the city Council for their
approval of the River Trail plan. Moved bv
Vanderhoef. seconded bv Pelton. to endorse the
River Trail Plan as oresented by Liddell in
the slide oresentation and in written form.
Unanimous. Terry Dahms of FIRST gave a brief
background on FIRST. He stated their focus is
now on raising substantial funds to go towards
development of the river trail. with respect
to matching funds, Brandt asked if they would
be aSking the city to allocate money for the
river trail in the budget. Liddell stated
they would be, noting the city has to make a
financial commitment to the trail before they
can expect funds from the federal government
or private foundations. Trueblood stated many
grants require matching funds. Liddell
expressed appreciation for the commission's
support and input given.
Trueblood addressed the commission with
respec~ to the letter the city Council
received from Amy Kolen regarding bicycles
using the trails in Hickory Hill Park. He
stated he visited with the Police Chief who
has no problem with posting signs indicating
"No Bicycles Allowed," although signs are not
always an effective deterrent. He indicated
the Police Department cannot afford a full
time patrolman to patrol the area, but are
willing to place their bike patrol in the park
on a more regular basis April through October.
Bender stated there was no way to keep
bicycles out completely, but would endorse
keeping signs posted. He noted it was
difficult to catch these people because they
are on bicycles. Liddell stated she suggested
at one time that the commission develop a
policy statement with respect to the purpose
and use of Hickory Hill Park. Trueblood
stated this issue could be placed on a future
agenda to define or formalize the purpose of
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BUDGET:
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the park. Brandt stated the idea behind
Hickory Hill Park is that it is a natural
resource area where people can walk and where
bicycles are not allowed. But, he questioned
whether more signs or an ordinance change
would have much effect on stopping bicyclists.
Bender stated it would not eliminate the
problem but might discourage it. He suggested
putting a press release in the Press Citizen
informing people that bicycles are not allowed
on the trails in Hickory Hill Park. He asked
if this was a ticketable offense; Trueblood
stated the bike patrol are only empowered to
give warnings. Liddell recommended that the
bike patrol be allowed to issue tickets, with
Bender stating a fine should be assessed
against violators. Trueblood indicated he
would follow up.
Due to Weideman's absence, and after receiving
no volunteers, Brandt indicated the
appointments to the Neighborhood Open Space
Committee and Riverfront and Natural Areas
Commission would be rescheduled for next
month's meeting.
Trueblood stated revenue and fee information
would hopefully be given to the commission at
its December meeting. The FY95-96 operating
and C.I.P. budget was reviewed, with Moran
highlighting various aspects of the Recreation
Division's budget. He stated the division is
requesting a pernanent part-time program
supervisor to work with at-risk youth and with
an intramural programs for junior high and
high school youth. Trueblood stated staff's
concern is that a part-time person would not
be enough, and asked the commission's reaction
to approaching the School District to see if
it would be willing to establish a cooperative
relationship, whereby the School District and
City would each fund one-half of this position
in order to have a full time person. Bender
stated that in terms of funding the School
District's budget is extremely tight, and they
are having trouble funding some of their own
programs. He stated he would be happy to
facilitate in any way he could and could
arrange a meeting. Liddell felt conceptually
it was a good idea. '
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Pelton questioned some of the budget figures,
noting he felt some of the dollar amounts were
high. specifically, he questioned the $1,035
budgeted for a typewriter and the $3,000 to
replace computers. Trueblood stated the
Finance Department furnishes staff with a
budget manual which lists the dollar amount to
be budgeted for various items, including
office equipment and furniture. He stated
these figures are arrived at by 'the city's
Purchasing Division. Pelton stated he hoped
the.City had the ability and flexibility to go
directly to local businesses and buy off the
shelf when it proves to be less expensive.
PARKS & RECREATION
FOUNDATION REPORT:
Brandt reported the Chamber of Commerce
mailing list was obtained and 800+ letters
were mailed regarding efforts to raise funds
to repair flood damaged parks, with Trueblood
reporting $3,500 has been received to date.
Liddell questioned whether it was safe for
people to be in city Park; Trueblood stated
the park is technically closed, but did not
feel there was any great danger.
DIRECTOR'S REPORT: Trueblood reported on the following:
COMMISSION TIME:
Establishment of a Sand prairie in Lower citv
~. Staff's recommendation is to possibly
establish a sand' prairie much smaller than
what was originally discussed at last month's
commission meeting due to the number of trees
in this area. After inspecting the site more
extensively it was determined that there are
approximately 40 trees whose death will be
accelerated unless the sand is removed. He
stated the city Manager informed the city
council about the idea of a sand prairie, and
they expressed they did not want this done if
it was done at the expense of the trees. If
the sand prairie is established it will be in
the same general area, but would be reduced to
possibly one-half to one acre in size to
eliminate the threat to the trees.
ADJOURNMENT:
1994 commission officers. Weideman and Watson
have been asked to act as the nominating
committee and will bring a slate of officers
to the December meeting, at which time next
year's officers will be elected.
The meeting adjourned at 8:12 p.m.
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MINUTES
IOWA CITY BOARD OF ADJUSTMENT
NOVEMBER 10, 1993 - 4:30 P.M.
IOWA CITY CIVIC CENTER - COUNCIL CHAMBERS
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MEMBERS PRESENT:
Larry Baker, Patricia Eckhardt, Catherine Johnson, Rich
Vogelzang
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
Ernie Galer
Bormann, Rockwell, Krippner
Pat Moora, Bob Finley, Mace Bravarman, Pat Foster, Mary
Gaffay, Gary Appleby, Alan Weinstein, Thom Cowen, Bill
McCarty, John Rummelhart, Jr,
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CALL TO ORDER:
Vice-Chairperson Vogelzang called the meeting to order at 4:30 p.m.
CONSIDERATION OF THE MINUTES OFTHE OCTOBER 13, 1993. AND OCTOBER 20,1993,
MEETINGS:
Baker moved to approve the minutes of the October 13, 1993, meeting. Eckhardt seconded
tha motion, The motion carried 3-0-1 (Johnson abstained. She was absent on October 13.
1993). Baker moved to approve the minutes of the October 20, 1993, maeting, Eckhardt
sacondad the motion. Tha motion carried 3-0-1 (Johnson abstained due to absanca.)
SPECIAL EXCEPTION ITEMS:
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1. EXC93-0003. Public hearing on a request submitted by Robert Finley for an extension
of a special exception approved on May 12, 1993, permitting parking on a separate
lot for property located in the CI-1 zone at 1910 S, Gilbart Straet.
Rockwell reviewed the staff report dated Novamber 5, 1993, She stated a number of
conditions of the May 12, 1993 approval had not baen met. Rockwell noted the '
applicant cited the floods in south Iowa City a~ the reason for tha delay. Staff was
con earned about the curb cut permit that had not baen recaivad, but had a more
sarious concern about the lack of an approved lease agreemant between the applicant
and Tom Kennedy for tha 100' by 100' area east of the applicant's property.
Rockwell stated the Board's approval had been conditioned on having parking in place
that satisfiad Section 3S-58(d). She said if the applicant is unable to secure a long-
term lease for parking, he will hava insufficient, non-compliant parking for his property,
Rockwell stated if anything was forthcoming In the meeting that indicated thare may
be a way for the parking to be provided in the future, then staff would recommand a
six-month axtension to resolve the issue. Rockwell addad that if there is no way for
the parking requirement to be met and the applicant cannot demonstrata that there is
a solution, then staff racommended the extension ba denied.
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Board of Adjustment
Novamber 10, 1993
Page 2
Johnson asked if staff had any suggestions. Rockwell said there had been
considerabla discussion on the matter. The applicant had statad his intention to pursue
parking on the Foster lot immediately south of the Finley property, Rockwall noted
that if thera was not enough parking available to meet requirements, the City would
be forced to take action, Baker asked for clarification about the City's possible action.
Bormann said at this point, the City had not decided exactly what staps to take.
However, unless the applicant could get the required off-street parking, he would
clearly be in violation of the Code. Bormann explained that this would Involve some
kind of municipal infraction violation. She indicated the case may end up in court
unless something is worked out. There is no alternativa for the City, but to enforce
the Code,
Bormann noted that it appears there is no other parking available and there have bean
numerous complaints about ovarflow parking from the naighbors. Bormann said the
City is in the position that unlass the applicant can resolve the situation, the City has
to take action. Bormann stated that the City Attorney's office is discussing options.
but everything depends on what happened at the Board meeting and what the
applicant damonstrates he can and cannot do,
PUBLIC DISCUSSION:
Pat Moore, 78 Obprlin Street, said he had been a developer for over 30 yaars in Iowa
City, Ho was really familiar with this situation, He said whan Kannedy developed tha
iand, there were 5 lots; one that Kennedy resides on and four commercial lots on
Gilbert Street. Moore statad that the City accepted two entrances to the Gilbert Street
lots; Lots 2 and 3 were to share an entranca, and Lots 4 and 5 were to share an
entranca. Moore tielievad Mr. Finley started a radiator shop in the building with
apartmants above it. Then all at onca, Mr. Finley got an extra curb cut. And the only
answer Moore gets is that the City foulad up, Moore said at the first meeting he
attanded, it was mentioned that since Mr. Finley has been using tha curb cut for 8 or
9 yaars, it was legal now,
Moore seid he had a building at 1930 S. Gilbert that he sold to his daughter and her
husband a few months ago. He also has a commarcial building just two blocks away,
Moore said the City told him that he had to replaca two trees that had died,
Meanwhile, Finley didn't have any trees on his proparty. Moore described how he had
to cut holas in the pavament for the two trees, The holes weren't big enough so he
had to cut the holes again, Moore observed that Mr. Finley still didn't have any trees
or enough legal parking,
Moore said he asked the head building inspector about Finley's entrancaway and why
Finley got a building permit to expand his building whan ha still didn't have enough
parking, Moore said Finley had baen getting by with this for years. It was a slip-shod
deal all the way through; it's a junk-yard down there. Moore stated Finley has an
entrance on tha north of his lot and the south entrance isn't legal. Moore said the
inspector shrugged his shouldars and said, "You fix your traes. Mr. Finley's alright."
Moore asked if the Board had lookad at the area. He knew it kept the City polica busy,
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Board of Adjustmant
November 10, 1993
Page 3
Moore said Finley has had a terrible time with parking. He said peopla using the bar
park on Lot 5, Everyone comes down for tha midnight brawl and parks wherever they
feel like it. Moore said that no one else can get by with this: only one person in this
town can, Moore said hopefully, the Board would shut this off tonight: giving anothar
six months and then anothar six months and another six months was not going to
solve the problem. Moore stated that it was tima to stop it.
Bob Finlev, 1910 S. Gilbert, stated the parking area on his property is cement. The
only gravel on the place is on Kennedy's property, which happened to be underwater
all of July and August of this year. Finley said he had a contract to have the parking
area on the Kennedy property asphalted in July. But that kind of went by the wayside.
It has bean a tentative when-they-can-get-there kind of deal since the contractors ara
busy redoing county roads in Johnson, Linn and Cedar Counties. Finley thought
everyona was familiar with that.
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Finley said supposedly he had not done anything on his property since the May
meeting. He had corrected the driveway on the south side of the building where the
gas tanks had been torn out. A new handicapped access ramp was put in. Finlay
stated that neither he nor Tom Kannedy could control tha weather. Finley explained
that Foster is the neighbor next door to him. Fostar had agreed to have an
arrangement concerning parking so that there would be enough legal spaces for
Finley's place over on Foster's property after five o'clock and on weekend~. ~inley
claimad that there were several other businesses in town with that kind of agreement
with daytime business, He explained that the bar business at 1910 S, Gilbart Street
is primarily a night-time businass. He said it was not an every night affair: Thursday ,
and Friday nights are usually the busy nights,
Finley explained that Tom Kennedy had indicated that he would be glad to sell Finlay
the parking area lot. Howevar, if Kennedy subdivided one time and then needs to
subdivide again, he can't do that. Finley said if Kennedy subdivided to sell the 100'
X 100' lot to Finley now, it could stop Kennedy's subdividing in the future. Once
Southgate Avenue goas through and the place is plotted out correctly and all that,
Finley said, Kennedy would have no problem with selling the 100' x 100' lot, and he
would have no problem in buying it. Finley stated that the building at 1910 S. Gilbert
Street was not going to go away, and the parking problem was not going to go away.
He knew he had to buy the land if it became available.
Finley said he was doing averything he could, but he couldn't make Kennedy sail him
something he didn't want to sell. Finlay stated that ha has a three year lease, which
could be extended to five or eight years, or whatevar it takes until Southgate Avenue
gets devaloped, Finley said when he bought his land in '83, supposedly Southgate
Avenue was going to go through within two years, Up to almost '94, nothing has
happened, Finley noted the City has the Southgate Avanue extension in its plan for
'97, but it was also on the City's plans back in '83.. so take it as you will, Finley said
the Board probably knew mora about what was going on down there than ha did.
Finley commented that he was just talking with the people in the City, and it seamed
evaryone down in his neighborhood had a problem with compliance, one way or
another, He doubted if Pat Moore was eny different than the rest of them,
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Board 0; Adjustment
November 10, 1993
Page 4
Baker asked about Finley's proposed arrangament with tha Foster proparty; using it
after five o'clock and on weekends, He wondered if this had happened elsewhere in
the City. Rockwell stated that a similar case had happened with Riverside Theatre
involving parking on the Market Street municipal Jot. In othar casas, businasses that
came in for a special exception on a separate lot had to secure the full amount of
requirad parking spaces and the parson owning the lot had to fulfill his or her parking
requirements as well. She noted, however, Towncrest had usad a church parking lot
across the street. Because parking usage occurred at different times, the special
exception was approved without full compliance with the number of required parking
spaces, Generally, for this type of business, a restaurant and bar, there had not been
that type of arrangement.
Baker noted J.C.'s Cafe does a substantial lunch business. Finley stated the bar is not
opan at that time so it isn't a dual type business. He said that today there ware
probably fifteen cars during the lunch hour, Baker said he had a hard time seeing both
parking raquirements being satisfiad at the same time if they share parking spaces.
Baker askad if that was stefl's perception as well. Rockwell noted Mr. Finley had just
proposed using Foster's property for parking the previous day and staff had not had
time to evaluate this option for augmenting available parking, She said it would seem
to be the case, given what staff knows about parking requirements for the Finley
proparty and the Foster property, that the parking requirements would not be satisfied
through the proposed shared arrangement.
Johnson asked about the amount of space Mr. Foster had for parking. Finley said
Foster presently had six delineated parking spaces, but he could have approximately
eleven or twelva spaces; six in the front and four or five in the back. Finley said he
understood that LaCasa and Goodfellows had one of these agreements; that LaCasa
used Goodfellows' lot during the night. Rockwell clarifiad that the arrangement is
allowed since Goodfellows has more than six additional parking spaces that can be
used, day or night, and not infringa on Goodfallows parking requirements. Finley said
that Foster does not need all eleven of his parking'spaces at one tima, as a rule.
Rockwell said if Foster has additional spaces available then thay could be used, but he
would need to have sufficient additional spac6s to satisfy both Finley's and Foster's
parking requiraments.
Finley said that everything would be in compliance, except for the perpatuallease. He
notad that J.C.'s Cafe would not be open after 9 p.m, Although J.C.'s was raquired
to have twelve parking spaces, the cafa wouldn't need them when it is closed. Finley
stated that J.C.'s is basically a 6 a.m, to 9 p.m, business. He said the bar businass
runs from 5 p,m. until 2 a,m, Finlay said whatever he can do to be in compliance, ha
will do. He said the plan would have to be redrawn sinca all the spaces on the
cemented portion of his property are full-size spaces; there was no allowance for
compact cars, Handicapped-accessible spaces are included whera appropriate. He
said, to be frankly honest, ha didn't believa the project could ba done by May,
especially since everyone was predicting the Kennedy proparty would be undarwater
again in the Springtime. Finley said if the weather permits, he is willing to comply.
Ha notad the City is working on it and so is he, No matter what, they have to come
up with a plan.
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Board of Adjustmant
November 10, 1993
Page 5
Eckhardt said she didn't understand the difficulty with subdividing the land and why
that limited later subdivision. Finley said the City allows only a certain number of
divisions of property. Rockwell said the landowner would not be precluded from
subdividing the property. Finley said if Southgate Avenue comes through in '97,
Kennedy couldn't sell off a piece without having to subdivida tha whole 30 acres,
Bormann noted that tha landowner is allowed to sell off one piece without subdividing.
Finley said that it was his understanding that Kennedy had already sold one piece, Ha
added that Kennedy is not interested in jeopardizing the entire parcel just for a parking
lot.
Johnson asked if she understood corractly that the entire parcel was underwater.
Finley said almost all of it was, including tha parking lot in question. He added that tha
watar was up to four feet on Kennedy's building and up to where Finley's cement
parking lot joins Kennedy's land. Johnson stated it was pure conjecture as to the use
of the land. Finley said the land would have to be raised up like all the surrounding
property.
Mace Braverman, 503 Melrose. said he wanted to clarify things. He stated there is a
proposal for the land in the preliminary raview stage. He and Kennedy are going to
propose a differant street design. Braverman thought there was going to be a
continuous loop straet. Rockwell noted that the cui de sac referred to on the map
goas north off of Southgate Avenue axtanded onto Tom Kennedy's property,
Braverman said he was going to co-develop with Kennedy, He said thare is a new
concept to loop the street around to make an easier street pattern.
Pat Foster. 1920 S. Gilbert, said he had no problems asking the Board to grant an
extension for Finley, He said they are all just trying to make a living and it's not been
easy this past summer. Foster said he had no objections to J,C.'s customers using his
parking since they do anyway. He had no problem with the Board giving Finley six
more months to work things out to everyone's satisfaction,
Marv Gaffev, owner of 1930 S. Gillmt, said she and her husband have just started
getting in~o the property busin~';s. They feel the Board should reject the extension
raquested by Finley. Gaffey ~ald allowing Finley to use six extra parking spaces on
Foster's property would not do ~ny good. Gaffey notad she has been chacking out the
parking situation for three w&~ks, There ara so many people needing parking places
that an additional six slots wouldn't do any good. She noted that Finley hasn't done
any of the repairs asked of him. Ha has continued to snub the City. Gaffey said the
southside driveway and the lack of trees are not 'up to City code. She stated that
other property ownars have to put trees in when thay are required, She didn't fael it
was appropriate for one property owner not to maet requirements.
Gaffey said there is a considerable amount of junk on Finley's property, such as
abandoned vehicles and teapees. Gaffey said she knew the Board could not do
anything about tha looks of tha property. Gaffey alleged that Finley has not complied
with tha rules that the rest of the owners fiave had to comply with In a prompt
manner, She understood the flooding conditions, but noted that other businesses tried
to keep up without time lost. Gaffey said that all the other owners have to have the
proper number of parking spaces for their businesses, so they feel that Finlay should
have to as well. She said that if he couldn't get asphalt, he should get cement. even
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November 10, 1993
Page 6
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though it's more expensiva, Gaffey said the parking area should be paved and be
paved on time. As far as Southgata Avenue going through, you nevar knew when that
would happen, She asked why they should have to wait while Finley was allowad to
wait, when everyone alse had to comply with City requirements in a timely mannar.
She and her husband felt the Board should not allow the extension. If Finley doesn't
comply with the other rules, his rental parmits should be taken away like they would
be for anybody alse.
Johnson asked why Finley hasn't baen required to plant traes. Rockwell explained that
was one of the conditions that needed to be met as part of the special exception
approval.
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Johnson said she didn't think anybody should ba held hostage by the City's plans. She
noted that she was aware of situations lika this in the past. Johnson stated that their
lives have to go on even if street plans are on the drawing board, She concluded
Finley had a business to run.
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Baker summarized the situation and clarified that staff has been unable to evaluate
Finley's parking proposal with Foster. He asked if the Board would consider a one-
month extension to allow staff to study the new proposal. Rockwell said it was within
tha Board's authority to grant a one-month extension although the request was for six
months.
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Vogelzang asked how many months prior to the original hearing the City had been
aware of tha non-compliance. Rockwell estimated that the City knew about the
situation about two months prior to the May 12, 1993. meeting, She noted that Ron
Boose of the Housing and Inspection Services Dapartment was present if the Board
had speciffc questions on compliance, Rockwell said that Mr. Finley was cited for the
parking problem and at that' point, he raquested a special exception. She said it took
about two months to come up with a site plan that was in complianca with tha
requiraments for the site.
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Vogelzan9 said the only improvements he had noticed that had been made sinca the
May 12 Boardmeeting were the handicappad-accassible ramp and a sign indicating
there was additional parking in the rear. Ha granted that thase were non-weather
related improvements. Vogelzan9 stated there were sevaraj unknowns, especially in
ragard to the lease situation, Bormann noted it hed occurred to her that if Mr. '
Kannedy was willing to sell the property, it could be worked out through a lease with
the option to buy, She said what Finlay had submitted was strictly a three year lease
with a Sixty-day notica to vacate. That doesn't fulfill the Code raquirements. Shasaid
the Code clearly states there must be a binding agreement that runs with the land.
Until the point is reached where Finley has a firmer agreement. tha City doesn't hava
anything to assure parking for tha uses on tha Finley property. Bormann noted that
the option to purchase had not been pursuad. She reiterated that staff racommended
that If there was some indication that somethin9 could ba worked out, the Board had
the option of setting a time limit that it felt was appropriate.
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November 10, 1993
Page 7
Vogelzang understood the two primary concerns were obviously having possession of
the lot and paving it. He suggested that a contractual agreement might be worked out
between Finley and Kennedy, perhaps placing money in escrow. Bormann said the
laasa is tha most difficult obstacle to overcome. She noted the other deficiencies are
able to be remedied shortly, Vogelzang agreed with Baker that tha situation could be
worked out in less than six months.
Eckhardt stated she felt at a disadvantage since she was not on the Board in May.
She wondered why holes for the traes were not yet drilled in the cement. Eckhardt
stated she felt some progress could have baen made by the applicant.
Johnson statad she advocatad the entira six months since it would give Finlay the
entire time to work things out with Mr, Kennedy to prepare a definite proposal.
Johnson said she would like to see an arrangemant made within six months, Baker
clarified that would maan thet Finley would have had a year to work out a parking
lease.
Vogelzang asked what would happen in May if the six-month extension was granted.
Bormann explained the special exception would expire unless Finley were granted an
additional extension or Finley satisfied the conditions of the axception. Rockwell
added that generally, for Board decisions, action should have been taken within a six
month period to establish the use or construct tha building permitted under the Board's
approval. She said not only would the arrangements need to have been made, but the
conditions should have been fulfilled. Baker said he wouldn't expect the conditions to
be fulfilled in a month. Bormann siated that the weather could be considered as a
factor, She said the idea of an escrow would work since, for example, trees cannot
be planted in December.
Baker stated he was concerned about having some sense of what the Board ware
agreeing to. He statad they needed to come to an equitable agreemant. Baker
suggested a deferral to the naxt meeting or a short-term extension, Rockwell said the
itam cannot be deferred, but can be extended.
MOTION: Baker moved approval of an extension to Dacamber 8. 1993, of the May
12, 1993, Board of Adjustment approval of EXC93-0003. .for property located in the
CI.1 zone at 1910 S. Gilbart Street. If by December 8, 1993, the applicant
demonstratas that concrete arrangaments have made ensuring compliance with the
conditions of the special exception approval, the applicBnt may request an additional
extension of time to imphiment the May 12, 1993, decision. Eckhardt seconded the
motion, The motion carried 3., (Johnson voted nolo
2. EXC93.0009. Public hearing on a request submitted by the University of Iowa
Community Credit Union for an extension of two spacial exceptions approved on May
12. 1993, permitting a drive,in facility for a financial institution in a CN.1 zona, and
reducing tha front yard requirement along Mormon Trak Boulevard for property located
at 825 Mormon Trek Boulevard,
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Union's attorney. Rockwell noted that there appears to be no extenuating
circumstances that would forestall the implementation of the special exception over
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November 10, 1993
Page 8
the next six months, Staff recommended approval of the requested extension to May
12, 1994, of EXC93-0009.
PUBLIC DISCUS~ION:
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!hJjgJJ, said the Credit Union's anticipated schedule was not Implemented due to the
weather, Appleby plso cited delays in formulating a drainage plan and in closing on the
purchase of the property. He said the Credit Union would probably apply for a building
permit in March and try to break ground in the Spring of '94, Appleby asked for a six-
month extension to, among other things, finish the final drawings of the building plan
which he hoped to get to the City very soon.
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MOTION: Johnson movad that tha requested axtansion to May 12, 1994. of the May
12, 1993, Board of Adjustment approval of EXC93-0009 for property locatad in the
CN-1 zone at 825 Mormon Trek Boulevard ba approved. Baker secondad the motion.
The motion carried 4-0.
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EXC93-0026. Public hearing on a request submitted by Michael and Ann Romanowski,
on behalf of property owner Plum Grove Acras, Inc,. for a special exception to allow
a periodontist office in the CN.1 zone for property located at 313 Scott Court. The
applicants had requested that this item be withdrawn.
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MOTION: Baker moved that EXC93-0026. a request submitted by Michael and Ann
Romanowski, on behalf of property owner Plum Grove Acres. Inc" for a special
axception to allow a periodontist office in the CN-1 zone for property located at 313
Scott Court be withdrawn from consideration, Eckhardt seconded tha motion. !1m
motion cerried 4-0,
4.
EXC93-0027. Public hearing on a request submitted by Agudas Achim Synagogue for
a special exception of a religious institution in the RM-12 zone for property located at
602 E, Washington Street.
Rockwell reviewed the staff report datad October 14, 1993. She noted the addition
will house offices and a library and is permitted in this zone with a special exception,
Rockwell stated the synagogue has met certain setback requirements, although they
wera waived for raligious institutions established by August 7. 1972. She noted the
original construction of the synagogue occurrad in 1950. Rockwell statad that the
applicant had dasigned tha synagogue addition to meet the requirements of building
011 a floodplain.
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Staff recommended that EXC93.0027, a special exception to permit a 1,335 square
foot addition on the north side of the Agudas Achim Synagogue locatad in the RM.12
zone at 602 E. Washington Street be approved. subject to 11 conformance with the
site plan submitted on October 28, 1993, and 21 obtaining an approved Floodplain
Development Permit prior to the City issuing a building permit for the addition,
Johnson asked who is responsible for Floodplain Davelopment permits. Rockwell
explained that applications are handled by tha Dapartment of Housing and Inspection
Services. If they feel review of the application requiras additional technical expertise,
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November 10, 1993
Page 9
the H&IS staff refar it to the Public Works Department. The application may also need
to be raviewed by the Iowa Dapartment of Natural Rasources. Rockwell added that
all necessary approvals must be gained before the building permit for the synagogue
addition is issued,
PUBLIC DISCUSSION:
Alan Weinstein, Chairman of the Architectural Committee of the Aaudas Achim
Svnaaooua, explained the urgant need for the modest addition of space. He said their
administrator has workad out of a closet for a year and a half and the rabbi has never
had an office at the synagogue. Weinstein said it was time to get that act together
or worry about staff morale. He said the flooding this summer damaged the library in
the basament, Weinstein statad they would like to bring the library abova ground,
Presently, only the sanctuary and social hall are abova ground, He explained there are
classrooms and a library downstairs, Removing the library would provide additional
office space.
Eckhardt asked if the addition was only on the upper floor, Weinstein stated because
of the floodplain reqoirements, they are not allowed to build usaable floor spaca below
ground level, Johnson inquired how the vacated library space in the basement would
be used. Weinstein noted that it was a small room that could not be utilized as a
classroom, He said the principal, who presantly Is without an office, may use it as
office space. Johnson said when she visited the site, she noticed black marks on the
foundation,that may have been the result of flooding. Weinstein said the black on the
back of the building is from a previous coating of tar. Johnson stated that from a
distance it looked Iika mold, Weinstein said the water did come up to about twelve
inches on tha inside of the basemant and that was bad enough. He explained that the
new building will look very much like the original structure, but will not have a
basement. Johnson guessed they might be gun-shy since last summer. With all the
talk of regulations on the floodplain, she would hate to go ahaad and say yes, you can
build on that land again. Weinstein agreed and said thay were also hesitant. But, he
assured Johnson they would not do anything that had not be approved by the State
DNR and the City, He noted how many requirements have to be fulfilled before they
are allowed to build. Johnson wondered if the floodplain standards had been
upgraded. Weinstein said he didn't know, but he felt the permitting authoritias were
also cautious, Johnson agreed that everyone should be and that it had been a bitter
lesson for averyone,
Thom Cowen, architect for the aoolicant, addressed the questions about tha floodplain
regulations. He stated that they are not permitted to have any floor-Iavel one foot
below the one-hundred year flood level, Cowen said no floor space of the new
addition would be built below that level. He said the present entrance to the
synagogue Is at the level of the one-hundred year flood; it was an addition done about
six years ago, Cowen noted that the only floor level in tha new addition would be
seven feet abova the one-hundrad year flood.
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November 1 O. 1993
Page 10
BOARD DISCUSSION:
Johnson stated that the only concern is that the project is properly done. Vogelzang
said that would be the responsibility of the H&IS staff in issuing the building permit.
Johnson said the Board was not giving a blanket approval. Vogelzang stated that the
synagogua addition looks vary well plannad,
MOTION:
Baker moved that EXC93-0002. a special exception to permit a 1,335 square foot
addition on the north side of the Agudas Achim Synagogue locatad at 602 E,
Washington Street be approved, subject to 1) conformence with the site plan
submitted on October 28, 1993, and 2) obtaining an approved Floodplain Development
permit prior to the City issuing e building permit for the addition. Johnson secondad
the motion. The motion carried 4-0,
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5. EXC93-0028, . Public hearing on a requast submitted by Youth Homes. Inc. for a
special exception to parmit a group care facility in the CI.1 zone for property locatad
at 1916 Waterfront Drive.
Rockwell reviewed the staff report dated November 10. 1993. She noted the building
would house a group homa and an emergency shalter, Staff recommended that
EXC93-0028, a special excaption to allow a group care facility in the CI-1 zone,
Intensive Commercial. zone for proparty located at 1916 Waterfront Drive be
approved, subject to submission of a site plan in compliance with all applicable City
Ordinances.
Eckhardt expressed concern about tha lack of sidewalks. Since the group home
residents are not allowed to have cars, they would be walking. Johnson noted the bus
route went right past another residential facility in the same area.
Bill McCartv, Executive Director of Youth Homes, Inc., stated that Youth Homes had
spent tha better part of the last 18 months studying the neads of the agency and
clients and the methods to bast serve those needs, now and in the future. Tha
conclusion of this rather lengthy and extansive deliberation, McCarty said, was that
this was the best availabla proparty to meet the needs of the clients, now and in the
foreseeable future. McCarty said the agency didn't anticipate that the cliants would
ba doing a lot of walking, but they would ba willing to put a sidewalk on their property.
He noted the City bus would be used extensivaly and that Youth Homes would also
provide transportation.
Johnson inquired about the schools the clients would attand. McCarty explained that
it depended on each individual circumstance; most childran would go to the same
school they had previously attended, while children from out-of.town would attend an
off.site program provided by the Area Education Agency. Long-term residents would
attend the school in the district of the new location.
Maca Braverman. 503 Melrose, stated that he felt the observation about a sidawalk
was an excellent one. He noted that along Melrose, a tamporary sidewalk had been
worked out, Bravarman said that one of the problems of developing a temporary
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Board of Adjustment
November 10, 1993
Page 11
sidewalk along Waterfront is the temporary nature of the street. He said he felt some
kind temporary arrangement could be workad out with the City. It would be a good
idea and that as a developer, he would participate whole-heartadly, '
John Rummelhart. Jr. for Bovd and Rummelhart. Inc, and Contractors' Tool and
~ noted that they have property immediately to the north of the proposed site,
Rummelhart wanted to file a formal protest against the application, He didn't have any
objection with Youth Homes utilizing the space in an optimum fashion. Rummalhart
said his concerns were directly related to the unspecified future development in the
CI.1 zone. He said it is an intensive, commercial zone. Rummelhart said the Board is
looking at a residential usa, which is permitted only through the special exception
process in this zone. He noted that he was not properly notified by the applicant.
Luckily, he had heard of it through other people in the neighborhood, Rummelhart read
from his formal protest letter. He said Boyd/Rummelhart would want a written
commitment from Youth Homes that, in the future, Youth Homes would not object to
surrounding commercial development. He also expressed concern about the lack of
sewer capacity in this area. Rummelhart had talkad with Rick Fosse, City Enginear,
on the phone and understood that thera was already concern about capacity on the
south side trunk sewer. There had been some surcharge problems, which obviously
would be magnified with a residantial use versus a commercial use.
Rummelhart said that staff reportad there would be minimal traffic. This may have
been the casa ten years ago when Hope House was located on the property, At that
time, the City ordinances were not intact and the zone was a hodge. podge. It was an
M-1 manufacturing zone and according to Rummelhart, almost anything fit into it, He
added that they had just exercised an option on the Bacculis tracts, on Waterfront
immediately to the north of this property, He said that the applicant mentioned that
tha surrounding uses are residential. That was only because they were
"grandfathered" in, Rummelhart stated that it w~s beyond him how and why that
particular building was still standing. Beyond that and to tha north, said Rummelhart,
they have acquired a much larger parcel of ground, which ten years ago was a pig
farm and a cornfield, He said it is over 4 acres. It has been filled, but not levaled. it
was ready to be developed, Rummelhart said it was unfortunate that this wasn't
mentioned in the application.
Rummelhart notad Boyd/Rummelhart was concerned about any screening that they
would be responsible for in the future due to the rasidential usa. He added that in the
staff report under specific standards, he didn't know how we were kidding ourselves
by not talking about heavy traffic. Currently, there is not heavy traffic, but if
Southgate Avenue wera punched through, there would be a lot mora additional traffic.
He stated that the main point is under the applicant's responsibilitias under itam 4 of
the specific standards which talks about adequate utilities. Rummelhart said the sewer
is near capacity and the proposed residantial use would have an additional 22 people
on it. He said that they wanted to have the formal letter of protest on record for any
future development that might be considerad.
Johnson said she understood Rummelhart's concern to be that Youth Homds might
object to future commercial development. Rummelhart said he didn't know what
repercussions would happen down the road by having a residential usa in the
neighborhood, Johnson verified that Rummalhart's land is zoned commercial. He
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Board of Adjustment
November 10, 1993
Page 12
added that they did not want any backlash down the road; having people coming in
and saying hey. even though this is a commercial use, a residential use was allowed
under a special exception. Rummelhart continued that the special exception may
impede futura developmant, but if it doesn't, he is less concerned. Bormann explained
that certain uses ara permittad by right so that whatever is listed under the CI-1 zone
can be done without coming before the Board of Adjustment.
Rummelhart said he realized that but if there was a possibility that they might want to
come before tha Board with a rezoning request, he felt that this special exception
would be a substantial concern, Rockwell stated that a rezoning would go to the
Planning and Zoning Commission, She said that the CC-2 rezoning that Rummelhart
was thinking of would be preferable to the currant CI-1 zoning. He would be moving
in a praferable direction adjacent to residential uses. She also clarified that
Rummelhart would not have any screening requirements as a result of the Youth
Homes development. Rockwell added that the point of the staff report about heavy
traffic was that the traffic generated by this particular use would not ba heavy; not
that the traffic in the area might bacome heavy, She said that in terms of the sewer
capacity, the City is obliged to have a south trunk sewer extension to meet federal
wastewater treatment standards and that will need to be taken care of in the next 3
to 4 years. Rummelhart said that might be vary true, but the question is whethcr the
City does it. Rockwell said tha City does not have any choice since it is a faderal
mandate. Rummelhart clarified that he wanted to be sure that his points were brought
up and his concerns were on record,
Johnson asked if the sewer improvemant would be the responsibility of the property
owner. Rockwell said it would not be so for a trunk sewer, Johnson inquirad about
who would be the owner of the property. Bormann explained that Youth Homes would
be the owner, if they get the special exception. Eckhardt asked if the exception would
go with the land or the tenant. Bormann said the Board could limit it or else It would
run with the land,
Baker left the meeting at 6:00 p.m.
BOARD DISCUSSION:
Johnson asked if the Board wanted to limit the residential use of tha lot. She felt that
it was brought out in the public discussion thaI the building was not particularly
desirable for a residential use; it was grandfathered in. Johnson felt for this particular
use, it would be alright to parmit a group care facility in a commercial zone, but she
would not like to sea the approval go with the property. Vogelzang agreed with
Johnson. Ha stated he would be in favor if it was used for the purposes intended by
Youth Homes. He added he would have a problem with the exception running with the
land. Vogelzang suggested limiting the exception to Youth Homes,
MOTION: Eckhardt moved that EXC93,0028. a special exception to allow a group
cara facility in the CI-', Intensive Commercial, zone for property locatad at 1916
Waterfront Drive be approvad, subject to a) submission of a site plan in compliance
with all applicable City Ordinances, and b) the stipulation that the approval is Iimitad
to Youth Homas, Inc, ownarshlp and operation of a group care facility at the 1916
Waterfront Drive property. Johnson seconded. The motion carried 3-0.
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Board of Adjustment
Novambar 10, 1993
Page 13
BOARD INFORMATION:
Rockwell stated the next me'eting would be the last meeting for Ernie Galer and Larry
Baker, The tradition is to have a luncheon for outgoing Board membars. The luncheon
was scheduled for noon, December 8, 1993. Vogelzang said that Bill Haigh was
appointed to Galer's position and Baker's vacancy ;s just being advartised. Bormann
said that Baker would continue to serve on the Board until he bagan his position on
City Council in January 1994.
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Rich Vogalzang. Vice Chairperson
Melody Rockwall, Secretary
Minutes submittad by Kerstin Krippner
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Board Meeting
November 18, 1993
4:00 pm - Administrative Conference Room
Members Present:
Greenleaf, Hobart, Hubbard, Lundquist, Moyers,
Spencer, Traw
Members Absent:
Hargrave, Singerman
Black, Clark, Craig, Eckholt, Eggers, Green,
Lubaroff, Spaziani
Staff Present:
Sara Glenn, Dena Schreck, Robin Siegfried,
Library School students
Call Meeting to Order: 4:05 pm
Others Present:
APPROVAL OF MINUTES:
The minutes for the meeting of October 28, 1993 were approved.
Lundquist/Traw
DISBURSEMENTS:
Visa expenditures ,for October 1993 were reviewed.
Disbursements for October 1993 were approved. Hobart/Traw
STAFF REPORTS:
Readinq Month Report: Librarians took a very active role in the
entire reading month. The staff participated in events both at the
libraXy and at locations away from the library, giving book talks
and describing books for gifts, etc.
Books for Givinq & Likinq: This Sunday, November 21, the Library
will host the second annual Books for Giving & Liking. Thirty
percent of all purchases go t'o the library, Books may be
purchased, wrapped and mailed directly from the library.
Letter to Jean Fountain and her response concerning the danger of
ice dripping from the roof over the entrance to the libr~ry were
discussed. An adjustment has been made to the roof; however we
will continue to seek a more foolproof solution to the problem.
Inservice Day: Craig reviewed the day as it is being formulated.
She expects it to be a worthwhile day for staff and Board. This
first staff inservice day is scheduled for Friday, December 10.
Fundinq the Future: A celebration party is scheduled for December
12. The deferred giving campaign is expected to be completed by
December 1.
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Development Office Report:
1. Eckholt distributed the new Gift Portfolios. It was designed
to offer an overview of the Library's diverse needs that be
funded through private gifts. The format makes it easily
updated or organized for a potential donor.
2. Special events being coordinated by the Development Office
are: Books for Giving and Liking, 11/21; Project Holiday Book
Drive and the Dec. 12 Funding the Future "Victory
Celebration. "
3. A reorganized Fund Raising Planning Committee of the Friends
Foundation Board met recently. They identified three major
challenges in terms of fundraising that they will be working
on.
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President's Report:
Plans for the upcoming breakfast and tour for City Council members
were discussed. The breakfast is scheduled for Tuesday morning,
November 23 at 8: 00 am. A light breakfast will be served
accompanied by remarks by President Greenleaf who will review the
status of the Board's three large proj ects: new Director, new long
range plan and building expansion. A tour will then be conducted
through the library. The goal is to familiarize them with the
library's "behind the scenes" activities; technology advances; high
use by the public, etc. Coordinators will be available in their
departments to assist in the tour. Quote of the month by Lolly:
"Stories are better than numbers".
Search Committee: Moyers thanked all members of the committee.
She reviewed. the procedures developed by the committee and reminded
the Board that interviewing will be taking place in April.
Planninq Committee:
Library staff is meeting tomorrow with the facilitator in order to.
solidify plans for the retreat. A full Board/Staff Planning
committee meeting will be held on the 16th of December after the
regular Board meeting to' review all plans.
Facilities Planninq Committee:
Of the six architects invited to submit Requests for Proposals, one
dropped out. The RFP's are due Friday, November 19. Interviews
are scheduled for December 1 and 2.
There was no outstanding business and no new business.
Meeting was adjourned at 5:00 pm. Lundquist/Moyers
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MINUTES
COMMITTEE ON COMMUNITY NEEDS
NOVEMBER 17, 1993
MEMBERS PRESENT:
Grace Cooper. Mary Ann Dennis, Paul Egli. Sue Feeney, Marc
Libants, Rusty Martin (6:40-7:00 p.m.), Linda Murray. Lisa
Oxley, Andy Penziner. Keith Ruff. Maris Snider
STAFF PRESENT:
Steven Nasby
CALL TO ORDER AND INTRODUCTIONS:
Dennis called the meeting to order at 6:33 p.m. The minutes were approved for the October
27, 1993, meeting and the motion was moved by Murray and seconded by Feeney. Motion
passed 10.0.
PUBLIC/MEMBER DISCUSSION:
Dennis discussed the activities of the Community Development Week Committee. Cooper
asked about publicizing the Community Development Week activities in the Dailv Iowan.
Feeney said she knows someone at The Advertiser so she would contact them to see if they
could get some publicity. Community Development Week is tentatively scheduled for the first
week of April which would be April 4.8.
CITY COUNCIL UPDATE:
Dennis stated that there was an opening on the Senior Center Commission and there was a
public notice in the paper.
HOUSING COMMISSION UPDATE:
Egli stated that the Housing Committee discussed the appeals process and technical changes
to that process. The Towncrest issue was only briefly discussed due to the Planning and
Zoning Committee's decision to vote the project down. The Fair Market Rate (FMR) utility
allowances were elso discussed at the Housing Committee. The Public Housing Authority is
through with its utility rate survey and they will be working with these numbers for setting
the new utility rates.
HANDICAPPED ACCESSIBILITY:
Nasby explained that the Public Works Department had been doing some curb cuts as
requested. They have only been doing a few in the last couple of years due to the
unavailability of the federal regulations as to how the curb cuts should exactly be completed.
This year the flood caused them to become behind in their work and curb cuts were delayed.
It was discussed that the CCN Committee could appoint several members to form a curb ramp
subcommittee which would set priorities or routes for curb cuts. Maybe the CCN or the
subcommittee could revive the curb ramp survey committee from 1991. The Committee then
looked at the engineer's map of curb ramps. This mep was most recently updated in January
1992. Ruff then inquired why two local restaurants, when they were remodeled, weren't
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Committee on Community Needs
November 17, 1993
Page 2
required to be handicapped accessible. Nasby stated that he thought It was because they
way the federal regulations are interpreted that these businesses were not required to become
handicapped accessible because they were not a change in use. Martin then inquired whether
a sticker or some type of designation could be put together so that a business could display
It as being handicapped accessible. Nasby handed out a newspaper article from the Press-
Q1irn1 of November 16, 1993, which had an article relating to the ADA regulations. Dennis
asked Ruff if Independent Living was addressing curb cuts. Ruff said that they were not and
that Independent Living was concentrating on accessibility to buildings and businesses.
Donnis asked Snider and Ruff if JCCOG could address the curb ramp issue since they are on
a transportation committee. Dennis also inquired if it would be better to try to get all of the
ADA groups together and working towards the same goal. Snider and Ruff thought the
situation would improve if all the groups could get together. Dennis asked if Independent
Living would write a grant application for CDBG funds next year to do a curb ramp survey and
map. Ruff thought it could be done. Murray stated that a listing of accessible businesses
should also be, included with the map and the other information. Penziner said that CCN has
set a precedent with funding ICARE which was a needs assessment or planning activity.
Dennis suggested thet Committee members approach groups concerned with ADA and let
them know that CCN is interested in this topic. Ruff made a motion that Nasby, Dennis and
he compose a letter to send out. The motion was seconded by Murray. The motion carried
10-0.
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AFFORDABLE HOUSING DISCUSSION:
Nasby stated thet Joan Vandenberg from the Johnson County Neighborhood Centers would
not be available for this evening's meeting: however, she had expressed interest in coming
in January or December. Nasby also stated that as instructed. staff talked with the Iowa City
Police about community outreach and affordable housing issues. The Iowa City Police said
that low-income housing does not equate with crime and drugs. The Chief also suggested
that the majority of prOblems may be causad by new persons moving into the community
temporarily, such' as parolees and/or gang.related individuals. He also stated that other
communities are have very similar problems, He mentioned that in Cedar Rapids they were
taking a hard line. In Cedar Rapids when they find that someone is in violation of their lease,
by having these extra persons in thei,r housing unit they are being given a 14.day notice that
if the situation is not taken care of they will begin eviction proceedings in 14 days. What this
does is force the person(s) to move from one apartment to another while the management
checks lease compliance. Then, most often, the persons move back in once trouble with the
management is over. Ruff stated that these problems seem to be mainly caused by transients
moving in and out of the community. Ruff inquired to what Villa Garden is doing to prevent
some of the problems experienced elsewhere. Dennis said that Villa Garden has only a part.
time manager and this may cause problems because she believed that management may be
the key to having a well run building which may prevent problems. Cooper asked about
housing skills. Dennis stated that Life Skills was backlogged and that in.home care or
education was expensive. Egli stated that the City was working on scattered site public
housing. He said the PHA will be dealing more with the social problems. Egli stated that
Henderson would like to see a neighborhood movement to combat drugs and gangs. Ruff
stated that the neighborhood center was a big plus in the southeast section of town and if it
was not there the problems would be worse. Dennis said that on-site services were very
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Committee on Community Needs
November 17, 1993
Page 3
helpful but expensive. Penziner asked if these issues had been discussed at the neighborhood
meetings. Feeney said not to her knowledge. EgU thought they should discuss this and it
would be a good time to start. Dennis inquired if Marcia Klingaman could help start
neighborhood watch groups or "take back the neighborhood" movements. Feeney said that
her neighborhood is working towards removing multi.family housing units that were created
as student housing in the '60s and return them to the single-family housing units. The
Committee instructed Nasby to invite Joan Vandenberg so the Committee may ask her
questions regarding this Issue.
CDBG APPLICATION:
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Penziner asked if last year there were questions regarding an agency's funding and how many
years they had been receiving CDBG funds. Penziner thought the new application should ask
applicants what year(sl they had received CDBG funding and the amount of that funding.
Dennis thought that applicants should submit an investment analysis or pro forma for housing
projects. Nasby suggested that once the Committee received CDBG applications. CCN should
decide if they would like a pro forma for a certain project, and staff may be instructed to
request an investment analysis or pro forma.
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MONITORING REPORTS:
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Martin stated that he had talked with Laura Hill. the ICARE Director, who was hired in July.
ICARE had also hired Kerstin Krippner to work on this survey. He stated that CCN had agreed
to fund a survey to determine the housing and service needs of persons with HIV/AIDS. Over
460 surveys had been sent out to agencies, hospitals. doctors and others that deal with this
population. Of the 16 agencies that were the original targets, 11 of them are located in the
southeast part of the state. Due to confidentiality concerns, the surveys were not distributed
directly to individ4als. Martin stated that to.date there have been more than 90 surveys
,returned. Many of the returns are from Des Moines, although they range all over the state.
A repeat mailing to the same outlets is in the process. Martin also stated that it appears likely
that the survey must have more than 100 samples in order to have reliable results. Kerstin
is in the process of investigating grants that could be used to meet the housing needs which
are identified by the survey. Her plans are to have the results of the survey completed by
January 1. 1994. She will then focus on developing programs and pursuing grants based on
those survey results. The survey was written by Kerstin with input from the HIV/AIDS ad hoc
committee, Marge Penney. and community members, as well as persons from the Free
Medical Clinic and the University of Iowa Hospitals and Clinics. Martin also stated that he had
a copy of ICARE's survey if any of the Committee members would like to see it.
Snider reported on the Salvation Army project. She stated that the Salvation Army had three
rehabilitation activities. One was a handicapped lift. The second kitchen appliances, and
finally weatherization of their building. She stated that the existing lift was on the west side
of the building and goes to only the upper floor. The new lift would be on the east side of the
building and would serve both floors. She stated that the appliances for the soup kitchen
have not been purchased or installed at this lime due to the Salvation Army's work with the
flood this summer. At present, the Salvation Army is operating the soup kitchen using their
existing facilities. She stated that they were serving between SO and 90 persons per night
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Committee on Community Needs
November 17, 1993
Page 4
and that they have the capacity to seat 60 at a time. The Salvation Army is looking at
purchasing a commercial dishwasher. commercial freezer, and a large oven. Egli asked when
this project was supposed to be completad. Nasby stated that they had until the end of the
fiscal year which was June 30, 1994. Dennis inquired whether they had enough time to
complete this project. Nasby stated he had talked to Captain Miller and they would be
beginning this project in December or January.
Cooper reported on the Greater Iowa City Housing Fellowship projects. First, Cooper reported
on the duplex project, which is currently in progress. GICHF has purchased a duplex at Hotz
Avenue which has been rehabilitated and rented. She stated that another duplex at Taylor
Drive has been purchased and is in the process of being rehabilitated and should be completed
by the fifth of December and rented shortly thereafter. She also stated that the GICHF had
made an offer on a new duplex on Governor Street and this duplex could be rented up as soon
as it is purchased. Cooper stated that GICHF indicated that there is no problem finding
tenants and GICHF had a waiting list. Cooper said the Whispering Meadows project was out
for bids. This project entailed ,the construction of four duplexes in the Whispering Meadows
subdivision. Cooper stated that the projected cost for this project was in the $400,000
range, but the bid that was received was $709,000. Cooper stated that GICHF will be
waiting until spring and then re-bid this project.
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DECEMBER MEETING DATE:
Egli moved and Murray seconded a motion that the CCN Committee cancel its December
meeting. The motion carried 1 a-a.
ADJOURNMENT:
Murray moved and Feeney seconded a motion to adjourn this meeting. The motion was
carried 1 a-a.
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