HomeMy WebLinkAbout1994-03-08 Bd Comm minutes
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MINUTES
IOWA CITY HUMAN RIGHTS COMMISSION
FEBRUARY 28, 1994
CIVIC CENTER LOBBY MEETING ROOM
MEMBERS PRESENT:
Dorothy Paul, Ken Gatlin, Jason Chen, Alison Ames Galstad,
Patricia Harvey, Pamela Dautremont, Rick Graf
MEMBERS ABSENT:
Sara Mehlin, Ann Shires
STAFF PRESENT:
Alice Harris, Anne Burnside
RECOMMENDATIONS TO CITY COUNCIL:
None.
REQUEST TO CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE:
None.
RECOGNITION OF PUBLIC AND NEWS MEDIA:
Baha'is of Iowa City - The Spiritual Assembly - five members.
SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN:
None.
CALL TO ORDER:
Chair Galstad called the meeting to order. She asked for approval of minutes of January 24,
1994. Chen made motion to approve and Paul seconded. Unanimous approval.
Next meeting is March 28 in the Civic Center Lobby Meeting Room at 7:00 p.m.
CASES PENDING:
No cases assigned. Harris distributed case status report for fiscal year 1994.
REPORTS OF COMMISSIONERS:
Chen, Graf and Mehlin attended the brown bag forum with Professor Adrian Wing's
presentation on gangs in Iowa which was held at the Public Library. Chen invited Professor
Wing to the April 25 meeting to discuss the Amer-I.Can Program. Dautremont reported
upcoming event at the library on sexual assault and risk reduction to be held March 26. She
agreed to do a PSA for Women's History Month and suggested the Commission participate
as a non-profit organization and set up a table on August 27 at the mall. Paul reported' that
she nominated Julianne Fischal for the Phil Hubbard Human Rights Award due to her
outstanding service work in the area of human rights. Chen reported that he attended the
cultural diversity program at the U of I and attendance was good. He also attended the
culture of disbelief lecture by Steven Carter in which Carter made the point of how the legal
system trivializes religion. Galstad reported that she and Harvey met with Lieutenant
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Iowa City Human Rights Commission
February 28, 1994
Page 2
Governor Joy Corning and Corning talked about a diversity committee she is spearheading and
an upcoming conference on diversity in the fall to be held in Des Moines,
OLD BUSINESS:
Burnside reported on a meeting she attended that includes a coalition of community groups
interested in the ADA and the group is submitting a proposal to get a grant which would
develop a research plan to set goals and standards of the ADA for the community. The
coalition will be meeting on a regular basis to get the proposal ready for submittal.
NEW BUSINESS:
Burnside will be writing a news release to the Press-Citizen concerning advertising in regard
to housing. She requested Commission's input. Chen and Galstad proposed the need to be
represented at the foreign student orientation session and will line that up. Paul agreed to
write an editorial. Gatlin agreed to coordinate a brown bag forum at the Library in April for
Fair Housing Month. He will arrange a panel discussion and needs volunteers to assist him.
PUBLIC DISCUSSION:
The Baha'i of Iowa City gave a presentation on their worldwide philosophy of race unity and
proposed a suggestion of a project that the Commission might want to consider - models of
unity - which would counteract negativity. This would include positive things that are
working in the area of race relations within Iowa. City. The basic philosophy of the Baha'is
is that all are equal in the eyes of God and community diversity in Iowa City can promote
peace and harmony. They believe a focal point is the youth and they should be targeted in
the hopes that there can be a generation of children free from prejudice. Paul requested a
copy of the questionnaire that they use. They talked about diversity training they do for
corporations and a publication that focuses on children which is a virtues guide for schools
and parent groups. The Baha'is offered their assistance to the Commission and expressed the
desire to work closely with the Commission in future projects.
ORDINANCE REVISION:
The subcommittee working on the definition of family and domestic partnership will have a
report at the next meeting. The subcommittee includes Galstad, Mehlin and Shires. A target
date for the public forum on the ordinance revision is May. For discussion of the ordinance
revision at the next meeting, a decision needs to be made on whether the timeframe for filing
a complaint should be a year in all categories or exclusively in housing complaints. Another
issue to discuss relates to the details of what type of statement should be issued by the
Commission in writing as referred to on page 18 in the ordinance revision material.
ADJOURNMENT:
Paul made a motion to adjourn. The meeting adjourned at 9:05.
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MINUTES
COMMITTEE ON COMMUNITY NEEDS
JANUARY 26, 1994 - 6:30 P.M.
SENIOR CENTER, LOWER LEVEL CLASSROOM
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MEMBERS PRESENT:
Mary Ann Dennis, Sue Feeney, Marc Libants, Rusty Martin,
Andy Penziner, Keith Ruff
MEMBERS ABSENT:
Grace Cooper, Paul Egli, Linda Murray, Lisa Engh, Maris Snider
STAFF PRESENT:
Marianne Milkman, Steve Nasby
GUEST PRESENT:
Joan Vanden Berg
CALL TO ORDER AND INTRODUCTIONS:
Dennis called the meeting to order at 6:35 p.m.
REVIEW AND APPROVAL OF THE MINUTES FROM THE DECEMBER 16. 1993. MEETING:
Martin moved and Feeney seconded to approve the minutes of the December 16, 1993, meeting.
The motion carried 6-0.
CITY COUNCIL UPDATE:
Dennis reported openings on several committees.
HOUSING COMMISSION UPDATE:
Although Egli was absent, minutes from the last two Housing Commission meetings were included
in the agenda packet.
COMMITTEE ON COMMUNITY NEEDS ELECTION:
Libants moved and Martin seconded to postpone elections until the next meeting since attendance
was low at this meeting due to the poor weather. The motion carried 6-0.
COMMUNITY OUTREACH:
1.
Memo from Marcia Klingaman, Neighborhood Services Coordinator
Dennis stated that the Grant Wood Neighborhood Association was responding to the
need for increased crime prevention activity. She questioned ifthe crime was the result
of the neighborhood's proximity to public housing. Feeney noted that about three years
ago, her neighborhood had conducted similar crime prevention activities. Presentations
from the police to neighborhood associations are very informative.
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Committee on Community Needs
January 26, 1994
Page 2
2. Presentation by Joan Vanden Berg, Director, Johnson County Neighborhood Centers
Vanden Berg discussed the issues surrounding the perception that crime and gang activity
may be related to low-income housing. She noted that low-income residents are often
already stigmatized and are vulnerable to gang involvement. Vanden Berg said that there
is a national trend of gang activity spreading from the large cities to more rural areas.
Iowa City is considered "unclaimed territory" by gangs and according to the local police
has the highest price for crack cocaine in Iowa. She explained that gang members often
attach themselves to single-mothers who are attracted to the money and "glamour"
of it all. Vanden Berg said that a few newcomers have begun to intimidate everyone
else; this was the situation last summer. The key to controlling this situation, said Vanden
Berg, was strong, active apartment managers who work with the police and the residents.
A neighborhood watch program has been started in the Broadway Area. Vanden Berg
observed that there is fear among residents for their personal safety. At the same time
they fear reporting gang activity and surprisingly, fear the local police. In order to address
the residents fear of the police, the Neighborhood Center received a HUD-grant to begin
a Community Policing Program. A part-time officer provides neighborhood surveillance
and develops relationships with the neighborhood residents. In conclusion, Vanden Berg
suggested that ideally, all neighborhoods should be increasingly integrated. She quoted
a woman who had just moved into a single-family home in a residential neighborhood
as saying "We're still poor but no one knows it." This kind of integration would require
financial resources and overcoming NIMBY attitudes; however, it provided one of the
best solutions for locating low-income housing. Vanden Berg asked the Committee to
advocate for more police officers since Iowa City has the second lowest ratio of officers
per capita in the state, and to promote programs that strengthen families.
Committee members asked Vanden Berg questions and discussed some of her main points.
CDBG ALLOCATION AND HEARING SCHEDULE:
Milkman reviewed the dates for the forthcoming CDBG hearings. The presentations are on
February 23 and 24, and the allocation discussions will be on March 23 and 24. She urged
all members to attend these meetings. The Committee agreed to use the same rating system
as last year. Improving the quality of televising the meetings was also discussed. Milkman
said she would talk with Bob Hardy about their ideas, and for alternate meeting places that
would be more conducive to video-taping.
COMMUNITY DEVELOPMENT WEEK UPDATE:
Dennis announced that the theme of Community Development Week is "Celebrating 20 Years
of CDBG." The reception is tentatively set for the atrium of the First National Bank. The Northside
Neighborhood Association will provide refreshments. Dennis solicited ideas for a keynote
speaker(sl. Feeney suggested inviting all past members of CCN to the reception. Martin agreed
and added inviting people being served by CDBG-funded programs.
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Committee on Community Needs
January 26, 1994
Page 3
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MONITORING REPORTS:
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1 . City/County United Way Hearings
Martin exhibited the comprehensive binder of information that was used at the hearings.
He said it was an incredible resource. The hearings are an elaborate and interesting process
and hewas impressed with the amount oftime and care put into them. Milkman pointed
out HUD is now placing an emphasis on housing in conjunction with services. Martin
suggested that the United Way Hearings should be televised.
2.
LIFE Skills, Inc.
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Penziner had requested LIFE Skills quarterly report. He noted that they had served 21
people to date (7 during the second quarter). He described the Housing Coordinator's
position. Milkman asked if LIFE Skills was promoting its educational component. Penziner
said it appeared they did but it was not used as extensively as anticipated. .
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CURB RAMPS - MEMO FROM CHARLIE DENNEY. ASSOCIATE PLANNER:
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Dennis noted the response to the Committee's interest in curb ramps. She explained that a
sub-committee met four'years ago and they had prioritized a list of intersections. Of the 75
locations originally recommended, curb cuts on 52 have been completed. The remaining 23
cuts will be completed sometime next year. Ruff inquired if the City had resolved the texturing
problem on the ramps. Milkman said that they wero p,xperimenting with a new texture at the
site of the new parking garage on Washington Street. Ruff explained that it is still difficult
to find convenient curb cuts especially this time of year. Milkman said she would ask if there
is or could be a JCCOG committee dealing with this issue. Dennis stated CCN may wish to
revisit this issue,in the Fall.
Martin moved and Libants seconded to adjourn at 8:08 p.m.
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ADJOURNMENT:
Minutes submitted by Kerstin Krippner.
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Mayor'S Youth Employment Program
Minutes
Board of Director's Meeting
January 5, 1994
Board Members Present: Pat Schnack, Paul Engler, Joan Vandenberg,
Dave Jacoby, A. K. Traw, Loren Forbes, Jean McCarty, Julie Pulkrabek
and Barry Kucera
staff Members Present: Ben O'Meara, Mick Bowers, and Cokie Ikerd
Call to Order: Barry Kucera called the meeting to order at 4:39 p.m.
I. Introductions and Welcome: Barry welcomed all in attendance.
II. Approval of Minutes: Minutes from the December 1, 199'3, meeting
were approved by consensus.
III. Additional Agenda Items & correspondence Received
IV. New Business:
1. Presentation ~y YSF Board Member - Ben introduced Barb
Carlson, MYEP's Youth Services Foundation Board representative.
Barb is the Vice-chair of YSF. Barb gave a little bit of
background on the YSF board. It was formed in 1988 for the three
youth services agencies, Mayor's Youth, Youth Homes, and United
Action for Youth. Jim Brenneman is the current chair of the YSF
board and he has a fund raising background.
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Joan felt that the three participating agencies were competing
for the funds that were being raised. Barb said that basically
the money was given out on first come first serve basis to the
agency in need of funds at the time.
Barb said that the next YSF board meeting would be on January 1,
1994, at 5:15 pm in the youth center board room. Ben asked Barb
about the Mayor'S Youth representatives and how they get on to
the YSF board. Barb said that MYEP can appoint people that they
want on the board. MYEP currently has two representatives on the
YSF board and we can have up to four representatives. Board
members have been asked to recruit two new members for the YSF
board and bring names of potential members to the next board
meeting.
2. Budget Handouts - Ben said that Marge Penney had a few
suggestions on revising the budget handout that he had produced.
They were basically date problems and a change to show that the
United Way's fiscal year is different from our agency's fiscal
year. Joan motion to approve the changes. Paul seconded the
motion. Motion carried to make the changes to the budget
handouts.
3. Basketball committee - Ben announced that the University of
Iowa gave us permission to use four of the courts under the track
on April 2, 1994. Joan felt that April 9, might be better
because April 3, is a holiday. Ben will attempt to change the
date.
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Ben asked for volunteers to participate on the basketball fund
raising committee. Paul, JUlie, Cokie and Ben all volunteered.
Ben said that he had talked to Pete, the newest board member, and
Pete would like to be on the committee also. Joan offered that
the Neighborhood Centers would collaborate with Mayor'S Youth
providing that her board was in agreement with this.
4. united Way Rearing - Ben announced that he felt that the
United Way hearing went very well. Linda Miller was also at the
presentation. Ben said that he received some feedback and that
he felt that the presentation was very well received.
5. Juvenile Court Grant - Ben announced that Mayor'S Youth in
conjunction with United Action for Youth received a Juvenile
Court grant for $12,500. Mayor'S Youth will receive $6,555.
Mayor'S Youth will be providing work sites for the clients that
need to pay restitution or complete community service.
6. Cart Application - The application deadline for the cart is
January 31, 1994. Barry agreed to draw up blue prints for the
cart.
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7. Youth Romes Job Contract - Ben reported that Mayor's Youth
will be getting $2,200 per month from Youth Homes for the
Purchase of Service clients. This will be retroactive to
November 1, 1993.
8. DRS Funding Reduction - Ben spoke with Cheryl Whitney at DHS
and she voiced that next fiscal year DHS can not fund Mayor'S
Youth at the same level as fiscal year 1994. We budgeted fiscal
year 1994 at $90,000 and Cheryl said that for fiscal year 1995
DHS would only be able to fund MYEP for approximately $70,000.
9. Financial Reports - The board looked over the financial
reports and agreed with the changes that the finance committee
suggested. A.K. made a motion to incorporate the changes. Jean
seconded the motion. Motion carried. The reports will be
returned to the City of Iowa city with the suggested changes.
V. Old Business
1. Committee Reports:
The finance committee met regarding the first set of financial
reports generated from the city of Iowa City accounting. Paul
reported that the committee would like to make a few changes.
IV. Adjourn: Paul made a motion to adjourn. Jean seconded the
motion. Motion carried. The meeting was adjourned at 5:45p.m.
,
The next board meeting is February 22, at 4:30
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Mark that down!
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Ben O'Meara
Executive Director
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MINUTES
IOWA CITY HISTORIC PRESERVATION COMMISSION
FEBRUARY 8,1994.5:30 P.M,
LOBBY CONFERENCE ROOM. CIVIC CENTER
MEMBERS PRESENT:
MEMBERS ABSENT:"
Kevin Hanick, Kay Irelan, Betty Kelly, Doug Russell, Ginalie Swaim
Sue Licht, Jay Semel
STAFF PRESENT:
Miklo, Schreiber
CALL TO ORDER:
Russell called the meeting to order at 5:40 p.m,
DISCUSSION OF BROWN STREET HISTORIC DISTRICT:
Miklo reported a public hearing by the Planning and Zoning Commission on the proposed Brown
Street Historic District was scheduled for Thursday, February 17, 1994, at 7:30 p,m.; the Planning
and Zoning Commission may either vote on the proposed district at the February 17 meeting or
may defer the proposal to March 3, 1994, He said there may be some benefit to having at least
one Historic Preservation Commission member attend the Planning and Zoning Commission's
informal work session on February 14 to answer any questions; Russell said he would attend the
informal meeting. The Commission agreed a brief slide presentation on the history of Brown
Street would be shown at the Planning and Zoning Commission's public hearing. Russell said
the tentative date for the City Council's public hearing on the proposed district is March 29, 1994,
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Hanick asked if all residents of the proposed district would receive notice by mail of the City
Council's public hearing; Miklo replied each resident received a letter notifying them of the Historic
Preservation Commission's public hearing and advising them that the Planning and Zoning
Commission and the City Council would also be holding public hearings at later dates.
Russell suggested the Commission ask the Northside Neighborhood Association to conduct a
survey of the residents of the proposed district similar to the survey conducted before the City
Council considered the Historic Preservation Plan; he noted such a survey could be effective in
showing that a majority of the residents support the proposed district.
Kelly asked if there had been any correspondence from Hal Peters; Russell said the Commission
had only received the one letter from Peters prior to the Historic Preservation Commission's public
hearing. A letter responding to his concerns was sent to Peters following the Commission's public
hearing and there has been no response.
DISCUSSION OF PRESERVATION WEEK ACTIVITIES:
Swaim reported the Historic Preservation Week Committee had met with representatives of the
sponsoring groups on January 20 and the list of tasks had been divided up. She reviewed the
tasks that would be the Commission's responsibility.
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Historic Preservation Commission
February 8, 1994
Page 2
Swaim distributed a list of possible jurors, noting she had gathered the names from various
sources. After some discussion, the Commission agreed on the following jurors, if available: Jan
Jennings, someone from the National Trust, and an architect to be contacted by Sue Licht.
Russell said the Commission needs to establish general guidelines for the painting award, In
response to a question from Irelan, Kelly said she feels the colors should be tied to the period
of the house. Miklo noted there would still be some judgment involved, adding he feels it would
be difficult to develop a useful guideline, Russell said he would prepare a general statement for
the Commission to review at their March meeting.
Kelly suggested that a letter be sent to the neighborhood associations encouraging people in the
neighborhoods to submit possible nominees, Hanick volunteered to write a guest editorial.
Swaim said the committee discussed contacting each of the local papers personally to help
provide an angle for their stories on Historic Preservation Week rather than sending a press
release; Kelly noted the Iowa City Magazine appeared interested in featuring the neighborhood
association involvement. Swaim agreed to contact the Iowa City Magazine; Kelly agreed to
contact the Advertiser; and Russell agreed to contact the Iowa City Press Citizen and The
Gazette,
Russell said selection of the Nowysz award winner could be delayed until near the date of the
awards ceremony, if necessary, He noted the award has been given every year since 1983 with
one exception and has always been awarded to a person or group of persons rather than to an
organization, Swaim listed the previous recipiehts of the award. Russell said one possible
recipient to consider would be the organizers of the Salvage Barn; Kelly noted Jan Nash had
been discussed as a possible recipient the previous year.
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Russell thanked the Commission members for their assistance with the tasks for the Awards
ceremony. He asked all Commissioners to bring a list of possible nominees for all of the awards
for discussion at their March meeting.
REPORT ON FRIENDS OF HISTORIC PRESERVATION ANNUAL MEETING:
Miklo said one presentation made at the meeting was on the Salvage Barn, which has been quite
successful and has grossed between $8,000 and $10,000 since it opened. He noted Russell had
made a presentation on the past year's and next year's planned activities for the Historic Preser-
vation Commission. Jan Nash had also made presentations on the College Hill survey work and
the historical significance of the Iowa City airport,building.
Miklo reported one future project planned by Friends is to purchase and rehabilitate a building as
affordable housing. Russell said Friends plans to do the rehabilitation as a profit-making project;
the profit would then be used to purchase other homes to renovate. One of the two properties
being considered is a house on Jefferson Street that was damaged by fire. The owner of the
home appears inclined to sell the property to a nearby church: however, the church plans to
demolish the house to enlarge their parking area. He said it would not be inappropriate for the
Commissioners to express their concerns regarding the demolition of an older home to members
of that particular church.
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February 8, 1994
Page 3
Russell said he attended the Friends meeting on behalf of the Commission to commend them for
their accomplishments and to ask for their support on the proposed Brown Street Historic District.
CONSIDERATION OF THE MINUTES OF THE JANUARY 11.1994 AND JANUARY 25.1994
MEETINGS:
Russell noted corrections to the minutes of the January 11, 1994 meeting; he also commended
Licht for the manner in which she chaired the January 25, 1994, public hearing, Kelly noted one
issue raised by Mr. Grunewald that was not addressed by the Commission was the argument that
the proposed district would raise the cost of city government; the issue should definitely be
addressed if it is brought up again at a public hearing.
Irelan moved to approve the minutes of the January 11,1994, meeting, as amended and
the minutes of the January 25,1994, public hearing, as distributed. Kelly seconded. The
motion carried on a 5-0 vote.
COMMISSION INFORMATION:
Kelly noted the city of Detroit has an outstanding painting ordinance for historic districts and
suggested the Commission obtain copies of painting ordinances from other cities to use in
establishing guidelines for the Commission's painting awards,
Russell noted his and Swaim's terms on the Commission would soon be expiring and both had
reapplied for appointment to the Commission. Russell said the City Council would be making the
appointments to the Commission on February 15.
Russell noted a copy of a letter to the Iowa City Council regarding the FY 95-97 Budget Plan,
requesting the Council approve $5,000 in funding for the Historic Preservation Commission to
continue implementation of the Iowa City Historic Preservation Plan.
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In response to a question from Russell, Miklo said the contract with the state for creation of a
conservation district ordinance had been finalized and he would soon be sending out requests
for proposals to consultants, Under the terms of the contract, the project must be completed by
next January,
Miklo noted the next round of HRDP grants would be in June and suggested the Commission
discuss possible projects at their March meeting. Russell said funds for the drafting of a land-
mark ordinance would be a possible project. He explained a landmark ordinance would give the
Historic Preservation Commission the authority to designate municipal landmarks; the idea is to
give the same protection to small groups or individual buildings as historic districts get. He said
he does not feel the ordinance will be controversial but there are still legal issues to resolve.
Russell reported he had been contacted by a representative of the Goosetown Neighborhood
Association; the association plans to purchase a house to rehabilitate as affordable housing,
similar to the project planned by Friends of Historic Preservation. The association has prepared
a CDBG grant application but a neighborhood association cannot be the recipient of the funds
and is seeking an organization to act a co-sponsor for the grant. Russell said he suggested the
neighborhood association contact Friends as a possible partner. He noted the Commission had
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Page 4
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endorsed various projects in the past and said he would invite representatives of the Goosetown
Neighborhood Association to attend the Commission's March meeting to present their proposal
and formally request endorsement by the Commission.
ADJOURNMENT:
The meeting was adjourned at 6:50 p,m.
Minutes submitted by Nancy Schreiber
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MINUTES
IOWA CITY BOARD OF ADJUSTMENT
FEBRUARY 9,1994 - 4:30 P.M.
IOWA CITY CIVIC CENTER. COUNCIL CHAMBERS
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Subjact 10 Appro'lal
MEMBERS PRESENT:
Patricia Eckhart, Bill Haigh, Catherine Johnson, Tim Lehman, Rich
Vogelzang
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
None
Bormann, Rockwell, Krippner
Robert Finley, Kevin Hanick, Richard Stratton
CALL TO ORDER:
Chairperson Vogelzang called the meeting to order at 4:30 p.m.
CONSIDERATION OF THE MINUTES OF THE JANUARY 12. 1994. MEETING:
Johnson moved and Haigh seconded the motion to approve the minutes of the January 12, 1994,
meeting. The motion carried 5.0.
SPECIAL EXCEPTION ITEM:
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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, and extended to February 9, 1994,
permitting parking on a separate lot for property located in the CI.1 zone at 1910 S.
Gilbert Street.
Bormann explained the reason for the requested extension was to enable the applicant
to secure a lease agreement that assured required parking in perpetuity. She noted the
applicant had submitted a lease agreement late on the previous Friday afternoon, Staff
had little time to review the agreement, and was not able to consult with the applicant's
attorney, who is out of town. Bormann stated that the lease does not comply with the in
perpetuity requirement set forth in the Zoning Ordinance. The submitted lease is for three
years. If the Board did not extend the special exception at this meeting, Bormann
expected the City to proceed intemally to remedy the problem on the property. She noted
the Board had already granted two extensions and the applicant had repeatedly submitted
inadequate documents at the "eleventh hour." Staff was concerned about granting
another continuance. In addition, Bormann had received calls from a neighboring property
owner, Mr. Gaffey, expressing concern over extensions continually being granted to the
applicant.
Johnson asked the reason for the delays. Bormann said she did not know. She was
aware Mr. Finley had frequently been out-of.town. She reiterated that the lease agreement
was received late on the previous Friday. Although she only had time to briefly examine
it, she was able to verify the lease did not satisfy the requirements for a special exception.
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February 9, 1994
Page 2
Johnson asked the reason for the delays. Bormann said she did not know, She was
aware Mr. Finley had frequently been out-of.town. She reiterated that the lease
agreement was received late on the previous Friday. Although she only had time to briefly
examine it, she was able to verify the lease did not satisfy the requirements for a special
exception.
Johnson asked how long is "in perpetuity." Bormann said that the lease was only a three
year lease and did not come close to satisfying the requirement for an agreement "in
perpetuity." The Code requires "a written agreement properly executed by the owners
within the area of the special location plan assuring the retention of parking and stacking
spaces and aisles and drives and binding upon their successors and assigns shall be
submitted with a special exception location as a covenant running with the land."
Bormann stated Finley had to show that he has parking now and for the foreseeable
future on this lot. Bormann suggested there could be a lease agreement with an option
to purchase that could be written to satisfy the Code. Vogelzang noted that the fourth
paragraph in the lease contained a 90 day notice provision for termination of the lease.
Thus, at any point, the lease may be terminated.
Staff recommended EXC93-000S. a request submitted by Robert Finley for an extension
of a special exception approved on May 12, 1993, and extended to February 9, 1994,
permitting parking on a separate lot for property located in the CI-1 zone at 1910 S.
Gilbert Street be denied.
PUBLIC DISCUSSION:
Robert Finlev. 1910 S, Gilbert. said his attorney, Craig Willis, assured him repeatedly that
there had been communication with the City. Bormann said she had not talked with Mr.
Willis. Rockwell had talked with Willis when she inquired about when the lease would be
available for staff review. Finley said his understanding was the lease provided what
Kennedy would allow. The difficulty revolved around whether and when K,ennedy wanted
to subdivide the land. The lease agreement the City wanted might infringe upon
Kennedy's right to subdivide this property in the future. Finley was under the impression
that the lease gave him three years with an option to buy; that he would have the required
parking. He noted the land probably would not be subdivided within the next three, or
even five, years. Finley said he had done the best he could do. He is an overland truck
driver and has lost income because of attending Board of Adjustment meetings. Finley
added that Mr. Gaffey needed to attend to his own problems.
BOARD DISCUSSION:
MOTION: Johnson moved that EXC93.0003, a request submitted by Robert Finley for an
extension of a special exception approved on May 12, 1993, and extended to February
9, 1994, permitting parking on a separate lot for property located in the CI.1 zone at 1910
S. Gilbert Street be extended for an additional month. Eckhart seconded the motion.
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February 9, 1994
Page 3
Lehman stated what Mr. Kennedy does with his property is out of Mr. Finley's control.
Lehman wondered if a provision could be allached to the exception to have it run with the
term of the lease with Mr. Kennedy. Eckhart said the problem was what to 'do if the
agreement dqesn't comply with ordinance requirements, Lehman noted it was difficult to
make the lease "in perpetuity" since Finley doesn't own the property.
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Vogelzang pointed out the underlying issue is there isn't enough parking on Finley's
property. In answer to a question from Lehman, Bormann explained, the parking may
cease, but the use will remain. The lease holds the potential that the parking may go away
before the use ceases. '
Bormann suggested Finley may need to request a variance. As it presently stood,
Rockwell noted, the Board must examine the case as a special exception and whether the
condition for a "perpetual lease" has been met. Bormann expressed concern that the
situation of noncompliance could remain; the same issue could return to the Board in
three years, or sooner. It must be assumed that the use, the restaurant, will continue in
perpetuity.
Vogelzang recalled the reason the Board granted the two previous extensions was to
allow time for the lease to be worked out. His concern now was this issue would go on
in perpetuity before the Board. Eckhart stated the Board was promised that it would have
a perpetual lease in hand at this point. Vogelzang expressed concern that another month
would not solve the problem. Johnson agreed. She felt the Board had been very
generous and fair.
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In response to a question from Lehman, Bormann said the City was still in the process of
determining what course of action to follow should the Board deny the extension request.
She still needed to talk with Mr. Willis, the applicant's allorney, to see if there was any
chance of achieving a satisfactory lease agreement. It seemed more than likely that the
City would be faced with issuing a citation for violation of the Zoning Ordinance.
Johnson asked if the apartments on the site had sufficient parking. Bormann said the site
was in compliance until the restaurant opened. Lehman asked if permits were issued for
construction of the restaurant. Rockwell said building permits were issued based on
inaccurate information; the submitted site plan was inaccurate. Lehman saw no reason
not to give another extension for the allorneys to draw up a lease. Eckhart pointed out
there were other zoning violations to be corrected besides insufficient parking. Haigh
noted there had been two extensions, and it was unlikely anything would be resolved
within thirty days. Vogelzang asked if there was some sort of directive to give to Mr. Willis
stressing the urgency of the situation. Bormann said if an extension was granted, the City
could write Mr. Willis explaining how the Board felt.
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Johnson commented it appeared that a fair amount of effort had gone into drafting the
lease. Rockwell said the most recent lease agreement was very similar to the originally
submitted lease agreement; a few paragraphs have been added that address the
possibility of sale or subdivision of the property. The lease provides no assurance of
continued parking for the current uses.
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February 9, 1994
Page 4
Lehman stated he was in favor of the extension since the problem was out of Mr. Finley's
control; he doesn't own Kennedy's land. Lehman felt the attorneys should, try to work
together and come to some kind of an agreement. Johnson said she was against the
extension, because the terms of the lease did not satisfy the Code. She felt the lease did
not assure that parking would be available if the land was sold. Vogelzang felt although
there had been some uncontrollable factors over the last nine months, the issue had been
on the table for considerably longer than is given to most other applicants. This was the
first lease that the Board had seen. It may be that an acceptable lease agreement is
impossible to achieve in this situation. Eckhart expressed that she was truly sorry the
issue was unresolved, but the applicant had been told what was required and the
requirements had not been met. The Board needed to have evidence of compliance with
the Zoning Code. She suggested that starting over may be more acceptable than
continuing unproductive extensions, Haigh concurred with the other Board members that
the lease was unsatisfactory.
The motion was denied on a 1-4 vote (Lehman voted in the affirmative),.
VARIANCE ITEM:
1 . V AR93.0003. Public hearing on a request submitted by Kevin Hanick on variances to
reduce off-street parking requirements, to exceed the floor area ratio requirements, and
to exceed density requirements for. property located in the CB.2 zone at 209 N. Linn
Street.
Rockwell presented the staff report, The request had been scaled back, from four
apartments to two apartments, thus,there was no need for a density variance. Two
variances were needed for 1) exceeding the floor area ratio requirement and 2) reducing
the off-street parking requirement by more than fifty percent. Staff felt the public interest
elements had been addressed successfully by the applicant and the proposal was
consistent with the Comprehensive Plan, The currently proposed development and
architectural design was in scale and compatible with the commercial streetscape.
Rockwell reviewed the "Tests of Hardship." The applicant had met two of the three tests.
The only outstanding unmet test was the economic return test. The applicant had
submitted a revised estimate showing an approximate 8% return on the project. Rockwell
noted the applicant included new figures to estimate the economic return: a 3% vacancy
rate and a 5% management fee. Staff felt the figures were reasonable.
Staff had recommended changes to reduce the scale of the redevelopment, such as
eliminating the third floor, allowing only one bedroom per apartment and reducing the
basement size. These changes would minimize the variances. But the rate of return on
a project of this size was less than one percent; not an acceptable level of return, With
review and evaluation of the new information, staff felt all tests of hardship had been met
and the public interest would be addressed by this particular application. Rockwell
stressed the importance that development on the property should be consistent with the
area.
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February 9, 1994
Page 5
Staff felt the variances requested were the minimum necessary to make the project work.
Therefore, staff recommended that V AR93-0003, a request to reduce the off.stre.et parking
requirements by 87,5% to 91 % and to exceed the floor area ratio requirement of the CB.2
zone by 60% be approved,
In response to a question from Eckhart, Rockwell specified that the proposal before the
Board is for a four level building: a basement and a ground level commercial space with
two interior parking spaces, and two two-bedroom apartments on the second and third
floors with the third floor of the building stepped-back from the front and the rear by 17.5
feet. Johnson noted that the second bedroom is provided on the third floor; the loft
section. Rockwell stated that the planned uses of the building require 16-22 parking
spaces depending on the nature of the commercial uses. In response to Eckhart,
Rockwell explained the difficulty of providing parking on the site, because the lot is
extremely small. Bormann added that required parking for the current building is entirely
,off-site. In response to a question by Johnson, Rockwell stated that the "uniqueness" of
this case is the dilapidation of the frame building that is currently on the site. Most
buildings on the block are constructed of brick. If other nearby buildings were demolished,
similar problems with parking and density could arise. '
PUBLIC DISCUSSION:
Kevin Hanick. 1830 Friendship Street. thanked Rockwell for her technical assistance with
the project. He noted someday the Code may have to be changed to accommodate the
uniqueness of the area. Hanick said he finally realized variances are usually only granted
for minimal changes. On this particular property, minimal variances push what is
economically feasible to the limit so that there is no fat in the deal. The vacancy rate and
management fees were added, Hanick explained, after he seriously revieWed the
numbers, The three percent vacancy rate is a rate that is accepted by the City. Applied
to this kind of a project, said Hanick, especially with so few units, there will either be 100
percent occupancy or much more than a three percent vacancy. If one month's rent is
missed for one of the apartments, it would be well over a three percent vacancy. This
makes it difficult to forecast numbers for the project. Hanick noted that although interest
rates are good, the possibility that they may go up should be factored into the calculation
of cash flow. In addition, there is no developer fee figured into the project.
Hanick said he was working with a prospective buyer and looking into ways to find a profit.
There isn't a huge profit possible. Hanick stated there was no chance that he would
pursue the second proposal that consisted of two one-bedroom apartments. The
preliminary costs of the two and a half level option with the loft seemed reasonable, said
Hanick, but he wouldn't promise to carry through on the project if the builder's costs are
higher than originally estimated. There would be a negative cash flow if interest rates went
up by a couple of points or there was a vacancy in one of the units. Hanick noted that he
had cut back the floor area ratio by 25 percent and added two on-site parking spaces that
did not exist on the original proposal.
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Board of Adjustment
February 9, 1994
Page 6
In response to a question from Haigh, Hanick stated that the square footage of the
apartments would be 900 to 1000 square feet on the second level and 50p square feet
on the loft level for a total of 1400 square feet per unit. The size, excellent location and
indoor parking justified the high rents projected for the apartments. Johnson noted that
the retail space on the corner of Linn and Jefferson had been vacant for months. Hanick
replied that it had recently been leased. Johnson said Hanick should be realistic about
the demand for retail space in the area. Hanick said the retail space on the corner of Linn
and Jefferson was limited by its floor plan and its large size. Hanick said it wasn't a
particularly expensive space, but being older, it had its idiosyncracies. Eckhart expressed
her appreciation of Hanick's comment about reconsidering zoning regulation in the area.
She suggested the possibility of eight students renting the two apartments and having
eight vehicles . Hanick assured her that there was no way such a scenario would arise.
Johnson expressed concern about the modern facade of the proposed building. Hanick
noted that most other buildings on the block have large glass windows and confirmed his
commitment to building something that would blend with the neighborhood. He added that
the first level of the building would be handicapped accessible.
Richard Stratton. owner of The Guitar Foundation , identified himself as the potential
owner of the proposed building. He said he may own, manage and reside in the building.
Owner-occupation would be key to the success of the project. Stratton said his business
could use additional space.
BOARD DISCUSSION:
Eckhart moved that VAR93-0003. a request to reduce the off-street parking requirement
by 87.5 percent to 91 percent and to exceed the floor area ratio of the CB-2 zone by 60
percent be approved. Johnson seconded the motion.
Johnson noted that the minimum variances would make possible the reasonable use of
the land. She was in favor of allowing the suggested use. Eckhart said she trusted the
numbers submitted by the applicant. Vogelzang stated the proposed financial analysis
seemed reasonable to him, although there were numerous contingencies and a great
amount of risk. The public interest would be selVed by development and improvement of
this particular property, said Vogelzang.
He felt Hanick had attempted to harmonize the proposed development with the rest of the
neighborhood; the project would enhance the neighborhood. Vogelzang feltthe preliminary
financial analysis satisfied the "tests of economic hardship" and demonstrated the level
of economic risk. He was concerned about whether the property was truly unique, but how
it got in its present condition was beyond the control of the Board. However, if the project
was not approved, the public Interest would not be selVed by the continued use or
demolition of the existing dilapidated structure. Vogelzang said that someone will have
to take a risk on this property and until something is done with the property, it will be a
public hazard.
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Board of Adjustment
February 9, 1994
Page 7
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Haigh concurred with Vogelzang. He did not know if this was an ideal project, or if there
was such a thing for this property. Haigh felt that Hanick should be rewarded for taking
a risk; the project would be an improvement for the area. '
Eckhart said it was hot an easy decision because all three "tests of hardship" were not
fully met. Living in the area, she has experienced the local parking problems. At the same
time, Eckhart felt the Code requirements for granting a variance had been adequately met.
She cautioned changes may have to be made in the future for unique historic properties.
The project is in harmony with the area.
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Lehman said his concem was the parking problem. Regardless of proposals, the parking
problem would not disappear. Lehman felt the proposal was feasible. He concurred with
the comments made by other members of the Board.
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Johnson said the location has many peculiar conditions; many which will occur in the
future if other nearby buildings need to be replaced. She hoped that future Boards would
treat other requests fairly. Johnson noted the current building is a public hazard and is
uninviting. The proposed project will improve conditions, and clean up the drive at the rear
of the property. Johnson felt the applicant had met all the requirements for a variance.
The motion carried 5-0.
ADJOURNMENT:
Haigh moved and Johnson seconded the motion to adjourn at 5:45 p.m. The motion carried 5-0.
Rich Vogelzang, Chairperson
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Minutes submitted by Kerstin Krippner.
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