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HomeMy WebLinkAbout1977-11-08 Bd Comm. MinutesHOUSING COMISSION MINUITS October 19, 1977 Engineering Conference Rome YJMERS PRESENT: Hibbs, Lombardi, Smithey, Kamath MEMBERS ABSINP: Owens, Pollock STAFF PRESENT: Burke, Kimball 1. Hibbs called the meeting to order. 2. Discussion of the Housing Maintenance and occupancy Code was held, section by section. The following eamments are the Housing Commission recommendations regarding the Code. 9.30.2 Bedroom - not a necessary definition, delete it. Egress - shall mean an arrangement of exit routes . routes in lieu of facilities. Family - one person or two or more persons related by blood, marriage, or adoption occupying a living unit as an individual, housekeeping organization. A family may also be two, but not more than two persons not related by blood, marriage or adoption. (Zoning Code definition) lanbardi moved Smithey seconded. 4/0 Infestation - shall mean the presence, within or around a dwelling of any insects, rodents, or other pests, which poses a clear threat to health or safety. (addition of which poses a clear threat to health or safety) Refuse - shall mean waste materials (except human waste) including garbage, rubbish, ashes and dead animals. (putrescrible and non-putrescrible solids deleted waste materials in their place) Plumbing - Delete the word public from last line, to read . . . water, sewer or gas lines. Rooming House operator - delete "in which he resides" Rubbish - inorganic in lieu of non-putrescrible Supplied - Delete "or under the control of" Chapter 9.30.9 Kamath made the following motion. "Chapter 9.30.9 should be redrafted as exists by City to differentiate between occasional tenancys and pemianent tenancys of individuals who inhabit Roaming Houses for an intended period of one month or longer. 11423 page 2 Housing Commission Mies 10-19-77 • When we get Chapter 9, that it be split into two separate chapters and we can look at it then. In long term lessee's of Rooming Houses for periods of one month or longer should not require the occupancy by the owner or the manager." Motion seconded by Lombardi, Motion carried 9/0. 9.30.3.0 Right of Entry . . ., he/she shall first make a reasonable effort to locate the owner and the person or persons having -charge or.control . (the word "or" is changed to "and"ialso the addition of the person or persons) 9.30.3.D Order to Allow Inspections Delete first sentence. Should read: "If consent to inspect the building is withheld by any person or persons having the lawful right to exclude and if the Housing Inspector has reasonable grounds to believe that a violation exists or if an annual inspection as required by Iona law is due, the Housing Inspector shall apply to a Judicial Magistrate for an Order." 9.30.3.E. Penalty - Any person violating this subdivision shall be fined not more than $100.00 or imprisonment in County jail for not more than thirty (30) days. (Last sentence misdemeanor is excluded and actual penalty replaced) 3. Lombardi moved that the meeting adjourn, motion seconded by Smithey. NEXT SPECIAL MEETING OF THE HOUSING COMMISSION Thursday, October 20, 1977 Engineering Conference Imam Approved by /V, Fob • Hibbs, Chairperson St phen Lombardi, Vice Chairperson 4, • • IIOUSING COM,SSI(Nd M1NUIIrS October 20, 1977 Engineering Conference Roan MEMBERS PRESENT: Hibbs, Lombardi, Smithey, Kamath MEMBERS ABSENT: Owens, Pollock STAFF PRESENT: Burke, Kimball 1. Hibbs called the meeting to order. 2. Discussion of the Housing Maintenance and Occupancy Code : The following cannents are the reconnendations of the Housing Ccnmission. 9.30.3.H Appeals. Any person affected by any action, notice, interpretation or order by the Housing Inspector with respect to this ordinance may appeal to the Housing Appeals Board in accordance with the procedures of the Iowa City Administrative Procedures Act. The Board may modify any notice affecting the provisions of this Chapter so as to authorize a variance frau the provisions of this Chapter when because of special conditions, a literal enforcement of the provision of this Chapter will result in practical difficulty or unnecessary hardship; provided, that the spirit of this Chapter will be observed, safety and welfare secured, and substantial justice done. If the Board sustains or modifies such notice, it shall be deemed to be an order and the owner, operator, or occupant, as the case may require, shall comply with all provisions of such order with a reasonable period of time as determined by said Board. (Elimination of all subsections, noting that 413 cannot be modified) Delete from Code the following subsections: 9.30.4.J, 9.30.5.A, 9.30.5.B, 9.30.5.C, 9.30.5.D, 9.30.6.D, 9.30.9.II, 9.30.10.5, 9.30.5.G.1.C, 9.30.10.0, 9.30.11 (entire chapter), 9.30.10.8. 9.30.3.J. 1. Hearing should be changed to 2. Number 1 should show heading of Judicial Hearing. Judicial Hearing should be required within twenty- four (24) hours not ex parte after such emergency eviction order. 9.30.5 Request City Staff to draft an opening statement to this section. 9.30.5.E. Ccmnissicn requests City Attorney, John Hayek to clarify 413.20 and 413.21. Also, why not Natural Light when Natural Ventilation is used. 9.30.5.H.1 Beating. Change 70 to 68 Fahrenheit. yo 23 page 2 • Housing Commission Minu es 10-20-77 3. Lombardi made the following motion: Request City Staff to give an estimate of additional cost on enforcing proposed Housing Maintenance and Occupancy Code as opposed to the current code. Motion seconded by Smithey. Notion defeated 2/2 4. Smithey moved that the meeting adjourn, motion seconded by Kamath. Meeting adjourned. Approved by Fb e, Hibbs, Chairperson Step en Lombardi, Vice Chairperson NEXT SPECIAL MEET G: October 26, 1977 7:30 p.m. Engineering Conference Room MINUTES MAYOR'S YOUTH EMPLOYMENT BOARD OCTOBER 24, 1977 CHAMBER OF COMMERCE MEMBERS PRESENT: Cazin, Darnell, Johansen, Kaefer MEMBERS ABSENT: Barber, Carter, Holzhammer, Larson, Schreiber SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: Darnell and Mackey discussed the results of the survey. Thirteen out of twenty-one employers responded affirmatively toward Earn -It. The Board voted in favor of Earn -It and agreed that it be under the supervision of the M.Y.E.P. director. The mechanics of the program will be worked out by the M.Y.E.P. director and Roger Darnell. A contract will be drawn up between Mayor's Youth and the Diversion staff person, which will outline expectations and responsibilities of the two agencies. The Earn - It program is projected to be in operation by January, 1978. The October report of Mayor's Youth was presented to the Board. Please see attached report. S'oz SURVEY INVESTIGATION REGARDING THE TMPLEMENTATION OF THE JOHNSON COUNTY PRE -FILING, DIVERSIONARY PROGRAM'S FARN-IT PROGRAM In order to assess the possibility of enacting the Johnson County Pre - Piling Diversionary Program's "Earn -It Program", I contacted the managers of twenty-one businesses randomly selected throughout the Iowa City community. I interviewed ten employers personally; the remaining eleven I talked with on the telephone. Stated simply and frankly, the question 1 asked them was: "Would you he willing to employ a youngster who had somehow gotten into trouble with the law through a misdemeanor in order for the juvenile to make amends for the damages?" Thirteen out of the total number responded affirmatively, and sub- sequenr employment would be dependent upon such factors as time of employment, type of offense committed, requirement of a personal interview, etc. Those who responded negatively either had no position or were bound by legal regula- tions to hire persons over 18 years of age. Virtually all in both categories believed the program would be a good service, saying in effect, that working would occupy the kid's time constructively rather than wasting time out on the street. Arrangements for employment, then, would have to be made individually with each employer who is listed on the "Tnterested Businesses" list. Projecting onto the larger scale, T believe that the program In question would find wide acceptance and adequate usage in the Iowa City community. Respectfully submitted, .John S. Markey 1 • • MAYOR'S YOUTH PROGRAM 9/6/77 - 10/24/7') A. Participants: 1. Number of youth employed at outset of project 43 2. Number of youth currently employed 39 AGE MALE FEMALE 14 4 7 15 6 12 16 3 6 17 1 2 18 1 1 OTRER 0 0 TOTAL 15 28 3. Total number of minority students employed: MALE FEMALE 1 2 4. Educational Level of Youth employed: GRADE MALE FEMALE 7th 0 0 8th 1 1 9th 2 9 10th 8 11 11th 2 4 12th 2 3 TOTAL 15 28 MALE FEMALE a. Number of ADC recipients 5 9 b. Number of youth from low- income families 7 14 c. Number of pre -delinquent or delinquent 0 0 d. Number of mentally retarded 1 0 e. Number of disadvantaged 2 5 S. Number of youth terminated from program: 4 a. Reasons for Termination: Found own employment: 2 Refused to continue due to school/family conflicts: 2 B. Employment Job Classification Work Site Number of Youth Animal Caretaker Animal Shelter 2 Clerical Computer Operator Day Care Aide Dental Assistant Food Worker Greenhouse Worker Janitor/Maintenance worker Library Aide Patient Escort Police Cadet Stage/Lighting Assistant I.C. Personnel/Clerk City Manager Building Dept. Mark IV Community Center Mayor's Youth Employment Navy United Action For Youth Veteran's Hospital Linguist Computer Center Coral Day Care Early Childhood Education Headstart Nelson Center University Dental Building University Dietary Dept. Veteran's Hospital -Canteen University Botany Dept. Grantwood School Longfellow School Northwest Jr. High Southeast Jr. High Mark i% Community Center Veteran's Hospital National Guard I.C. Public Library Coralville Library Solon High School Mercy Hospital I.C. Police Dept. 2 University Theatre 1 Total 43 2 1 1 1 1 1 2 2 1 1 2 1 1 1 1 1 1 1 1 1 1 1 2 1 3 1 1 4 MERM UAY BOARD MEETING 311 N. Linn Street October 10, 1977 7:00 P.M. MEMBERS PRESENT: Tan Mikelson, Roberta Patrick, Jeff Schabilion, Gretchen Holt, Al Horowitz, Dennis Hedges, Mary Lerew, Al Bohanon STAFF PRESENT: Jim Swaim, Larry Schmidt Jessie Henry, new outreach aide, ninth grader at Central Jr. High 1. Larry Schmidt introduced Karen Sixt, 16 and Hanne Hierholzer, 15 as prospective new board mebers. 2. The minutes frau the last meeting were approved unanimously. 3, Budget reports prepared by Peg McElroy for July, August and September were approved, Patrick motioned for approval with second by Bohanon. Narrative and statistical reports for the month of August received belated approval from the Board, Patrick moved for approval and the motion was seconded by Al Horowtiz. OLD BUSINESS United Way - Jim reported that assuming United Way would reach their mem goal we would be granted somewhere between $5,000- $9,000 for the next year. This money would be used to defray the cost of a outreach worker or aide. There will be a table at the Mall on October 29-10am - 5prn wherein the staff will hand out literature concerning UAY. Any board member:, who wishgs to spend part of his day there is urged to do so. IMA Grant- Jim reported that a quarterly report has to be prepared and tted showing the use of LEAA funds -all board members are to receive a copy of this report. At present with the CETA grant ended the LEAH funds will begin to pick up Sue Duwa's salary. Title XX Fund - Marty Cooper and Tom Meskinm advised the Board through UM—tjTt­­tFe_re would be little chance of receiving Title XX funds for next year as these were already earmarked. After much discussion it was decided that Al Horowitz would aid in writing a grant application for pri- yate funding sometime in the future and there would be little to gain from spending time researching the Title XX program. Tax Status- no definite word has been received from the IRS concerning request for non-profit status for UAY. However from the type of additional information requested it seers we should have no problem in gaining approval. 4o2s OLD BUSINESS (OONfINUED) MA Certification - due to the fact that educational guidelines are unavailable at this time there has not been any further action taken in obtaining this certification. NEW BUSINESS Jim Swaim recommended that Larry Schnidt receive funding for a course he is taking through the psychiatric hospital in group counseling. 41.00. erta Patrick , secoded by Dennisn nHedges and unantuition ad book charges imously otal lapproved byethe Board o give Larryn the funds from the staff development budget line. Swaim requested funding for several trips to take the outreach aides to Ames and Cedar Rapids to view their detention facilities, Foundation II, etc. The Board was most enthusiastic about this plan and broadened the scope of the plan to include Mitchelville, Eldora etc. The Board meabers volunteered to participate also. Al Horowitz volunteered to aid in finding transportation . Al Horowitz raised the question concerning the possibility of licensing of youth workers in the future. There was much discussion concerning the probability but no action was taken at this time. The Board unanimously approved the two new members Hanne and Karen and welcomed then to the Board officially. A slide film " Any Drug Education Program That Talks Only About Drugs is at Best a Waste was shown. The film lasts 25 minutes and was warmly received by the Board. Larry and Jim have requested funds in the amount of $60.00 to have a duplicate film made at CBC. The Board approved this plan enthusiastically and unanimously. A social occasion was planned for Sunday October 23 at 4 p.m. -Karen Sixt proposed holding it at her farm tentatively. It will be a pot luck for all board mmibers, staff and their families. The next board meeting will be at 7:00 p.m. on November -, 1977. RespectfuVlly Falmitted, ]dory CI.. IArew, Secretary UAy Board of Directors MINUTES IOWA CITY BOARD OP ADJUSTMENT OCTOBER 12, 1977 -- 3:30 P.M. CITY MANAGER'S CONFERENCE: ROOM MEMBERS PRESENT: Goedken, Conlin, Fowles MEMBER ABSENT: McBride STAFF PRESENT: Schmeiser, Kushnir, Siders, Edberg, McKean, Child FORMAL ACTION TAKEN: To defer consideration of V-7712, application submitted by Iowa State Bank and Trust Company for a variance in Section 8.10.35.18 of the Zoning Ordinance to alter an existing non -conforming sign at 102 South Clinton Street, and to inform the City Council that there appears to be some need for prompt revision of the current Sign Ordinance. To defer consideration of V-7713, application submitted by Advance Sign Company for a variance in Section 8.10.35.7A.1 of the Zoning Ordinance to permit a sign to be placed within a five (5) foot setback from the property line, until such time as the Staff has clarified the intent of Section 8.1O.35.12.A.1 of the Sign Ordinance. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: Chairman Goedken called the meeting to order and asked if there were any additions or corrections to the minutes of the meeting held on August 10, 1977. A motion was made by Conlin, seconded by Fowles, that the minutes be approved as written. The motion carried unanimously. Public hearing on an application submitted by Iowa State an Street Ben E. Summerwill, President of Iowa State Bank and Trust Company, stated that time and temperature signs provide some measure of public service and are, therefore, generally accepted. The variance is requested to allow the installation of 4" letters on the existing non -conforming sign. In 1974 the City granted a provision allowing the non -conforming time and temperature sign in a CB Zone to remain until a moratorium is reached concerning the disposition of the allowed non -conforming signs in Iowa City. When the Sign Ordinance was adopted, Iowa State Bank and Trust Company was among the first to comply with the provisions of the ordinance, he said, and cited this as an example of their willingness to cooperate with the City. The addition of the requested 4" letters would not increase the dimension of the sign but would merely add identification of the bank, Summerwill said. With the exception of a small brass plaque on the bank, there is no other identification on the building. Fowles questioned what the Sign Ordinance stated regarding an alteration on a sign when the size of the sign is not increased. Don Schmeiser, Senior Planner, stated y0Z6 . • • -2- that no alterations can be made because the sign is non -conforming. Bob Edberg, Sign Inspector, explained that an alteration requires a new permit, however, in this case a permit cannot be issued because the sign is non -conforming. Tony Kushnir, Assistant City Attorney, stated that in order to establish an unnecessary hardship, the applicant must prove the existence of all of the following three factors: (1) that the application of the Ordinance to the property greatly decreases the value of the property, (2) the hardship must be unique to the property, and (3) the value of the property and the general appearance of the neighborhood must not change as a result of the granting of the variance. Schmeiser noted that the test regarding uniqueness would be the most difficult to demonstrate. Fowles suggested that the public service aspect of the time and temperature sign might place the applicants in a somewhat unique category. Kushnir stated that the hardship must be unique to the property itself. Conlin questioned what would happen if the sign broke. Edberg stated that if the sign were removed, another sign of equal size would not be allowed, however, routine maintenance of the sign would be allowed. Any alteration of the sign would not be allowed, i.e., there could be no painting on the sign. Conlin asked what alternatives would be available to the applicant. Edberg stated that one facia sign would be allowed. This could cover twenty percent of the face of the building but the Ordinance does not specify where the sign must be located. In some cases, the sign would be allowed to "bend around the corner" so that it would appear as one sign. Could the applicant keep the present time and temperature sign and put up another allowable sign?'Fowles asked. Edberg responded that this would be acceptable, however, the existing non -conforming time and temperature sign must be taken down by 1981. Summerwill pointed out that the addition of the 4" letters would make the sign "no more or no less non -conforming than it presently is." Edberg noted that the moratorium period had been changed from three years to eight years and that other changes might be possible. Schmeiser asked what changes are proposed that might affect the subject sign. The only change suggested regarding time and temperature signs would be to allow free standing signs in non-residential zones, Edberg said. Goedken noted that the sign was located on the premises prior to the adoption of the Sign Ordinance and as a result of the Ordinance, the sign became non -conforming. Fowles stated that other legal options available seemed much more offensive, however, there seemed to be no justification in the guidelines to grant the variance. A property owner of a home that is non -conforming continues to paint the house, put up combination windows, etc., Conlin said. The applicant gave up a lot of identity for a public service. Kushnir noted that allowing the 4" letters would be changing the purpose of the sign to an advertising status. Schmeiser indicated that the Staff was sympathetic to the plight of the applicant, however, the situation is not unique to the property. It is a situation which is faced by any owner of a non -conforming sign who wishes to alter such a sign. Kushnir complimented the applicants on their cooperation and their willingness to comply with the provisions of the Sign Ordinance, however, he cautioned Board members about the legality of -3 - granting the subject variance. "Sometimes the Board must say no," he said. Kushnir suggested that the problems expressed may be indicative of problems with the Sign Ordinance itself. Bdberg noted that the decision made regarding the variance would be an important decision because there are approximately 750 non -conforming signs in Iowa City. Conlin asked what the timeframe might be for changing some provisions of the Sign Ordinance. Edberg told Board members that a committee of 15 people had been meeting for two years to consider changes to the Sign Ordinance. Summerwill noted that it took years to adopt the Sign Ordinance and making changes would also be a very slow process. Goedken suggested that deferral of the request until the next meeting of the Board of Adjustment might provide the staff time to look up court cases regarding similar requests. A motion was made by Fowles, seconded by Conlin, to defer until the next meeting consideration of V-7712, application submitted by Iowa State Bank and Trust Company for a variance in Section 8.10.35.18 of the Zoning Ordinance to alter an existing non -conforming sign at 102 South Clinton Street, and to inform the City Council that there appears to be some need for prompt revision of the current Sign Ordinance. A vote was taken: Conlin - yes; Fowles - yes; Goedken - yes. The motion carried. Board members requested that the Legal Staff provide Board members copies of court cases regarding Sign Ordinance variances. n a on an aanlication submi ompany for a sign to Schmeiser suggested that consideration of the request be deferred. lie indicated that there was some question as to whether the applicant needed to comply with the requirements of a C1 Zone. There was some discussion regarding the intent of Section 8.10.35.12.A.1 of the Sign Ordinance. A motion was made by Fowles, seconded by Conlin, to defer consideration of V-7713, application submitted by Advance Sign Company for a variance in Section 8.10.35.7A.1 of the Zoning Ordinance to permit a sign to be placed within a five (5) foot setback from the property line, until such time as the Staff has clarified the intent of Section 8.10.35.12.A.1 of the Sign Ordinance. A vote was taken: Conlin - yes; Fowles - yes; Goedken - yes. The motion carried. The meeting adjourned. Prepared bl Approved bl 0 0 CITY OF IOWA CITY CIVIC CEN(ER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.180D NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING APPOINTMENTS TO THE FOLLOWING COMMISSION: RIVERFRONT�'COMMISSIOV Two vacancies December 1, 1977 Three-year terms December 1, 1980 It is the duty of the members of the Riverfront Commission to investigate, study, review and analyze the riverfront needs and to meet such needs within the City of Iowa City; to investigate and determine what rules and and regulations are needed and what policy should be established relative to the riverfront in Iowa City; to study, investigate and make recommenda- tions relating to clearing, planning and construction of riverbank areas and for providing green areas and flood plains along the riverfront. Iowa City appointed members of boards and commissions must be qualified voters of the City of Iowa City. The selection and appointments to this Commission will be made at the November�8, 1977; Council meeting at 7:30 P.M., in the Council Chambers. The actual term will begin December 1, 1977. This will allow the appointees to attend meetings of the Riverfront Commission in order to become familiar with the duties of the Commission before assuming full responsibility. Per- sons interested in being considered for these positions should contact the City Clerk, Civic Center, 410 East Washington. Application forms are avail- able from the Clerk's office upon request. Hownaa Sokol) 8D1 )�0rtrAA Gi� Qh. t/03