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HomeMy WebLinkAbout1988-07-26 Bd Comm. minutesMINUTES IOWA CITY HOUSING COMMISSION JUNE 14, 1988 IOWA CITY PUBLIC LIBRARY - ROOM A MEMBERS PRESENT: Moore, Parden, Hulse, Stadtlander MEMBERS ABSENT: DAWSON, COTY, WATTS RESIGNED STAFF PRESENT: Barnes, Milkman, Seydel, Stroud OTHERS PRESENT: Carol Thompson MINUTES: Motion to approve the 5-10-88 minutes was made by Parden, seconded by Stadtlander, carried 4-0. MEETING TO ORDER: 9:05 a.m. HOUSING/RENTAL REHABILITATION - Barnes - 416 South Dodge (Comprehensive Rehabilitation Owner -Occupied) This is the first residential facility to apply for Rehab funds. Carol Thompson, Director of Human Services, was present to answer any questions and explain the request for central air conditioning. Motion to approve the loan in the amount of $22,000.00 with a recommendation that Solon Heating & Air Conditioning be awarded the bid for air conditioning was made by Stadtlander, seconded by Hulse, carried 4-0. DISCUSSION OF AMENDMENTS TO HOUSING_ REHABI_LITATION MANUAL - Milkman Milkman presented two amendments to the Housing Rehab Program. The first extends eligibility guidelines to the Paint/Siding, Weatherization and Residential Accessibility programs to include households at 80-100% median income levels with loan rates at 7%. The second amendment would allow combining of the Section 312 Loan Program with the Comprehensive Rehab Loan Program, which would allow greater use of the 312 program, make more home owners eligible for assistance, and allow the CDBG rehab funds to go further. Motion to approve the amendments was made by Parden, seconded by Hulse, carried 4-0. COORDINATOR'S REPORT - Seydel Seydel stated the results of the Informal Reviews for Ginny Visker and Doris Johnson upheld the Coordinator's decision to terminate rental assistance. An Engineering Review of the Public Housing Project 005 was conducted on June 10, 1988, by Ken Bendon, HUD, Des Moines Field Office. The projected was rated above average. A few minor findings were cited. Public Housing rental income for May, 1988 was $9,752.00. One move -out scheduled for the end of June. /0 7.5' Housing Commission June 14, 1988 Page 2 Section 8 Housing Assistance Payments for June, 1988: 169 Vouchers $49,660.50 460 Certificates $103,718.00 Thirty (30) applications were submitted for approval. ADJOURNMENT: Motion to adjourn at 9:45 a.m. was made by Hulse, seconded by Stadtlander, carried 4-0. APPROVED BY: Benjamin J. Moore, Chairperson /07-5 i MINUTES IOWA CITY HOUSING COMMISSION JULY 12, 1988 IOWA CITY PUBLIC LIBRARY - ROOM A MEMBERS PRESENT: Hulse, Parden, Dawson, Coty, Moore (left at 9:05 AM) MEMBERS ABSENT: Stadlander STAFF PRESENT: Seydel, Stroud, Nugent, Barnes OTHERS PRESENT: None RECOMMENDATION TO COUNCIL: To adopt the revised Poli MEETING TO ORDER: 9:03 AM MINUTES: Motion to approve the June 14, 1988 minutes was made by Parden, seconded by Hulse, carried 5-0. COORDINATOR'S REPORT: Seydel - Federal Preferences Congress has directed HUD to adopt and implement certain preferences for ranking applicants on the Assisted Housing Waiting Lists. The purpose is to prioritize selection and assist in targeting assistance to those applicants with greatest need. Mandatory implementation to be completed no later than July 13, 1988. The three mandated preferences are: a. Involuntarily displaced b. Living in substandard housing c. Paying more than 50% of family income for rent There is a 10% leeway allowed which will be used for: - rental rehab units - Public Housing units (rent paying capability) - Emergencies A copy of the letter and the federal preference self -declaration sheet that was sent to all persons on the Iowa City Housing Authority's waiting list was distributed to Housing Commission members. /075 9 Iowa City Housing Commission July 12, 1988 Page 2 - Revised Statement of Policies nuoimbLereu Dv cne Iowa itv Housing Authority has been revised to include the mandated Federal Preference policy and shows on Page 10 the revised annual income limits. Copies were distributed to Housing Commis- sion members. A motion to approve and recommend to Council to adopt the revised Policies was made by Parden, seconded by Hulse, carried 4-0. - Section 8 and Public Housing Update Public Housing income for June, 1988 was $9,575.00. Two move -outs in June. Confirmation of PHA Decontrol Certification was received from HUD on July 8, 1988. This Decontrol will allow the PHA leeway to act on its own as a Recognized Performer. Inspections and occupancy reviews will not need to be completed as often. Copies of the HUD letter were distributed to Housing Commission members. Section 8 Housing Assistance Payments for July, 1988: 170 Vouchers $49,056.00 461 Certificates $105,901.00 Thirty-eight applications were submitted for approval. Seydel stated that the Federal court trial for Doris Johnson's appeal will be held July 29, 1988 in Davenport. ADJOURNMENT: Motion to adjourn at 10:00 AM was made by Hulse, seconded by Coty, carried, 4-0. APPROVED BY: Benjamin J. Moore, Chairperson /0 7S 9 MINUTES DRAFT HISTORIC PRESERVATION COMMISSION WEDNESDAY, JUNE 8, 1988 - 7:30 P.M. CLASSROOM, SENIOR CENTER MEMBERS PRESENT: Russell, VanderWoude, Kern, Cook, Scott, Sierk MEMBERS ABSENT: Licht STAFF PRESENT: Beagle, Rest CALL TO ORDER: Chairman Russell called the meeting to order at 7:30 p.m. REVIEW OF MAY 4. 1988, MINUTES: Russell asked if there were any corrections to the May 4 minutes. Russell noted an error on page 3, paragraph 2, line 6. Sentence should read, "Russell noted that Beagle spoke...". VanderWoude moved to approve the May 4, 1988, minutes. Cook seconded. The motion carried unanimously. REVIEW OF REHABILITATION PROJECTS: --617 Keokuk Court --732 Oakland Avenue --431 Oakland Avenue --819 Iowa Avenue Beagle distributed photographs for purposes of identification of the sites. He restated the information in the packet concerning the rehabil- itation projects. He explained that the proposed rehabilitations were submitted to the Commission for review and comment because Section 106 of the National Historic Preservation Act of 1966 requires any proposal using federal funds to be analyzed for potential impact on historic properties. The Commission must first determine if the proposed rehabilitation project affects any Iowa City historic properties, and in this case, none of the proposed sites are located within a historic district or are on the National Register of Historic Places. Beagle noted the rehabilitation should be consistent with the architectural context of the property and reviewed in reference to the guidelines of the Secretary of Interior's Standards for Rehabilitation. Russell didn't see any problem with recommending any of the proposed rehabilitations since, as stated on the memo, none of the sites are considered historic pr?perties or affect historic areas. Beagle said the Commission may pass the properties on to the State in aggregate with no comments, as had been done in the past. Russell stated the Commission has no objection to submission of the properties to the State. VanderWoude recognized Pam Barnes, Iowa City Rehabilitation Officer, for her skilled work and knowledge on the Secretary's Standards. /o7G 9 Historic Preservation Commission June 8, 1988 Page 2 Cook questioned if properties were not historic, why they were submitted to the Commission in the first place. Beagle restated it was because Federal money is involved and the concern that no federally funded project adversely impacts historic properties. Scott expressed concern over the alterations to be done to the 819 Iowa Avenue property, specifically to the north porch. Cook moved to recommend the proposed rehabilitations to the State Historical Society of Iowa finding that no historic properties are affected and that the evaluations be accepted with the recommendation that the porch renovations on 819 Iowa Avenue be compatible with neighboring structures. Kern seconded. The motion carried unanimously. DISCUSSION OF NORTH SIDE RESIDENTIAL HISTORIC DISTRICT: Russell introduced the topic by first reviewing the "last battle." VanderWoude stated that he was not in favor of putting efforts into the North Side district, but rather to concentrate on public education, or perhaps focus on a smaller district instead of legislation for the whole area. The Commission needs to organize priorities differently and needs more of a grass roots involvement for the amount of effort necessary to battle for the whole North Side. He also stated that he spoke with the University and in the future they might be willing for the Commission to hold a meeting in the Senate room. He stressed some missed opportunities in the University area, as well as the duplication between the Commission and other committees such as the Friends of Historic Preservation. Russell questioned whether to coordinate the Commission's public education efforts with other groups or work independently. VanderWoude said the Commission needs to get a solid foundation but not through legislation such as the North Side. He mentioned he would be going to Des Moines to attend a fund raising workshop specifically for Historic Preservation. With a smaller district, the effort could be better organized. Scott stated therewill always be opposition, yet some things have changed, e.g., the composition of the Council, and, the Planning and Zoning Commission. Kern thought the proposed district was too large and agreed that it might be better to retain the southern portion because it was more likely to be under attack by developers. The local fraternity opposition was previously supported at a national level, though perhaps quieted now. In the past, proposals for development have prompted public action when the properties felt threatened; e.g., the proposal for an apartment building on the corner of Court and Summit produced concerns for South Summit street. Sierk mentioned the topic was too controversial and emotional to go through it again, for all concerned. She agreed with VanderWoude that the Commission needed to concentrate on fund raising and education as specific goals. 10710 Historic Preservation Commission June 8, 1988 Page 3 Russell suggested some strategies, such as claiming specific streets as historic districts, to chip away at the North Side area, but, he stressed the southern end needed legal protection. Perhaps a series of small chips, then consolidation later, could eventually contain the area. VanderWoude didn't see a looming threat for the North Side. Cook said it made more sense to help the southern portion as it is most vulnerable. VanderWoude asked if the Commission could move from being the heavies in this issue. For example, preservation was made possible in West Branch by first establishing a positive image. Cook noted that the City Council is well disposed to preservation in Iowa City generally. Russell wanted to pass the North Side Historic District using whatever methods possible and agreed fund raising and education are important to the process. He questioned why the City does not provide brochures for the public. VanderWoude stated the Friends of Preservation have walking tours. Russell did note that the Commission received some publicity through the awards ceremony. He asked general questions of coordination of similar committees. Cook suggested he contact other committees, such as the Friends of Preservation, to find out what they do and what they want to do. Russell noted that they could not use a coalition approach as the Commission was part of the government, while the others were mainly private organizations. However, Sierk stated an exchange of information with the groups would be profitable. Beagle mentioned the Johnson County Historical Society has developed a Speaker's Bureau to do public presentations on preservation and that service might be helpful to the Commission. Kern noted the house tours of historic sites done previously by the Friends of Preservation, but Beagle raised the issue of home owners in the past not wanting to open their doors to the general public. Sierk suggested inviting the chairs of the other groups to attend general meetings as an effort to coalesce. Russell agreed and further suggested utilizing an inventory idea to discern what the other groups were doing (projects, funding, publications, etc.). VanderWoude distributed pamphlets from the National Trust as an example of publications for historic preservation concerns. Russell will make contact with the chairs of the following: Friends of Preservation, JC Historical Society, Victorian Society, State Historical Society, Director for Old Capitol, and will compose a letter. As for the North Side District discussion, VanderWoude wanted to drop it, Kern wanted to bring it up periodically, suggesting perhaps to make smaller historic sites. Cook mentioned that this form of spot zoning would be cause for opposition. Russell suggested to the Commission to give more thought to the North Side area and to take it up again at the next meeting to discuss the implications of the boundaries created on March 9, 1988, by a joint discussion of Planning and Zoning and Historic Preservation representatives. /a7�, Historic Preservacior. Ccmmissicn June 8, 1988 Page 4 The Commission may find allies or even membership by contacting other groups. Beagle promoted the idea of the Speaker's Bureau as an important resource. Sierk suggested listing the Commission's name in the library for engagements at schools or other organizations to promote preservation issues. Cook will pass on to the Planning and Zoning Commission the thoughts on the North Side district and Russell stated he would be glad to welcome a speaker from the Commission. Beagle, for the benefit of the new members, listed five possible options discussed earlier for the North Side district, ranging from staying with the full North Side District as proposed to dropping the project altogether. DISCUSSION OF MARGARET NOWYSZ FUND: Russell, in a May 25 phone discussion with Bill Nowysz, ascertained that no agreement existed between the Nowysz family and the Commission about the funds obtained for the Margaret Nowysz fund. The money was sent to Bill Nowysz personally, and is presently in a bank account with Mr. Nowysz as executor. Mr. Nowysz mentioned to Russell that he wanted the funds to be used for something special, not for general preservation use. Russell said that Nowysz collected over $3,000 and has placed it in an interest bearing account and would use the interest for income. Russell said the funding of projects is an extremely personal matter for Nowysz and he wants control of it. Russell suggested to send the unused portion of money collected by the Commission under the Margaret Nowysz Fund name back to Nowysz with a full accounting of the funds already spent. However, the Commission will not offer to pay back the spent funds. Russell further stated that he did not know legally to whom the money belonged. VanderWoude suggested the Commission could remove the name from the fund if deemed necessary. Cook stated that the Commission could consider Mr. Nowysz as a future source of funding and still raise Margaret Nowysz funds. Russell suggested that if the Commission is not the primary body collecting the fund, the Commission should not use the name. Russell sought authority from the Commission for Beagle and he to prepare the accounting of funds, draw remaining funds in a check for Bill Nowysz, and compose a letter explaining the situation and expressing full appreciation for any further support. Kern so d. complimentedeRussesleronSehisded. diplomacy mandonKernsedeft unanimously. nCook approximately 8:45 p.m. DISCUSSION OF COMMISSION LOGO: Scott said that one of his graduate students that was designing the logo had been elusive but will continue to work on it. One idea presented was to take some prominent architectural detail in Iowa City, and, also give the name of the Commission as the focus. Russell suggested perhaps on a cornerstone, substituting the date of the formation of the Commission for the date of the building. He also mentioned the Commission needed some shorthand symbol akin to a letterhead for the date and the name. Scott will try to get the graduate student to draft some preliminary ideas to 1,976 Historic Preservation Commission June 8, 1988 Page 5 bring to the next meeting in July, but probably the ideas will not be ready until the August meeting. COMMISSIONER REPORTS: Russell stated at the June 14, 1988, Council meeting, will be the formal presentation of awards to the winners of the 1988 Historic Preservation Awards Program. The members of the Commission will be introduced and the Mayor will present the awards to the winners. The Commissioners will be present on stage. Scott and Sierk will not be able to attend the meeting. Scott asked if any mention was made in the newspapers. Beagle mentioned nothing had been submitted. Russell asked Beagle about preparing certificates for the honorable mentions. Beagle stated the calligrapher had a problem of scheduling and may not be available to draft certifi- cates, however, he would talk to another draftsperson about getting something done. He would contact Russell to confirm any details. REVIEW OF HISTORIC PRESERVATION WEEK: Russell wanted to 'extend thanks to Beagle and Cook for their excellent work on Historic Preservation Week. Something that could be looked at for next year included scheduling earlier in the afternoon, and the lack of early coordination with the Friends of Historic Preservation. For physical needs, the Commission must attain blackout drapes for Old Brick, or get a different building to show the slide presentations. Also, a protection for the speaker system is necessary. Scott suggested Old Capitol would be ideal but problems exist with the restrictions in the building. Russell mentioned they needed to elaborate the expectations for the jurors, including the necessity for one spokesperson to make the presentation. Beagle stated he had sent out letters of thanks to the jurors and Russell has extended thanks to the Friends of Historic Preser- vation. Cook suggested bringing in commercial developers for fund raising; perhaps having a program at one of their buildings to include them in the Historic Preservation events. Russell suggested that perhaps the Commission could meet at an historic preservation site. Sierk stated she would like to have different places beginning in the fall. She also mentioned that the next time the Chairperson of the Commission should sign the letter which asks for the application rather than the City signing the letter. Vanderwoude suggested having the next meeting in the Senate Chambers. NO STAFF REPORTS: Commission thanked Beagle for all of his help. ADJOURNMENT: Sierk moved. Cook seconded. The motion carried unanimously. The meeting adjourned at 9:10 p.m. Minutes submitted by Susan Rest. /0�6 MINUTES BOARD OF ADJUSTMENT JUNE 8, 1988 - 4:30 CIVIC CENTER COUNCIL MEMBERS PRESENT: MEMBERS ABSENT: "Y P.M. $ubjact 20 ApprJV3l CHAMBERS Mask, Randall, Winegarden Messier, Pelton STAFF PRESENT: Boyle, Moen, Rockwell, Michel CONSIDERATION OF THE MINUTES OF MAY 11, 1988: Winegarden moved to approve the May 11, 1988, minutes The motion passed unanimously by a 3-0 vote. VARIANCE ITEMS: Mask seconded. V-8802. Public hearing on a request submitted by Maranatha Church for variances from the minimum lot area and density requirements of the. RNC -20 zone and from the off-street parking regulations of the Zoning Ordinance for property located at 10 N. Johnson. Mask moved and Winegarden seconded the notion to approve Bruce Brechtel's request on behalf of Maranatha Church to withdraw the application for variances for property located at 10 N. Johnson. Notion carried 3-0. V-8804. Public hearing on a request submitted by Chezik-Sayers Honda for a variance to permit a sign which exceeds the size limits for the CI -1 zone for property located at 2343 Mormon Trek Boulevard. Moen reported that the Honda dealership was currently under construc- tion at the northeast quadrant of the intersection of Freeway 218, Mormon Trek Boulevard and Highway 1 West. As part of the develop- ment, the applicant proposes to construct a sign which measures 222.76 square feet per sign face. Free-standing signs are permitted in the CI -1 zone but each sign face is limited in area to 125 square feet. The applicant's sign is 1.7 times larger than permitted in the CI -1 zone. The applicant, therefore, is requesting a variance to permit a larger sign. Moen reviewed the circumstances in which variances are appropriate. Considering the public interest issue, Moen stated that because the property is bound by two major streets and due to the amount of right-of-way associated with these streets, particularly on the west and southwest, it appears the proposed sign would have little effect on adjacent properties. Properties to the north and east are separated from the site by Mormon Trek Boulevard and a change in topography. The proposed sign is seen, therefore, as having little effect on the overall integrity of the neighborhood. Moen further explained that the impact of a variance on the public interest is also measured by the extent to which the variance is in compliance with the Comprehensive Plan. Sign regulations are intended to control the number and size of signs in order to prevent /0 17 Board of Adjustment June 8, 1988 Page 2 visual congestion in the area. Increasing the size of the sign by over one and one-half times the area permitted is, in staff's opinion, not in harmony with the intentions and purposes of the Zoning Code. The Comprehensive Plan includes policies which address the preservation and enhancement of entryways into Iowa City. The proposed project is located at one of the major entryways into Iowa City. In staff's opinion, the size of sign proposed would detract from the appearance of the community and would not enhance this entryway to Iowa City. The proposed sign is, therefore, contrary to the Comprehensive Plan policies. Moen stated that the issue of hardship must also be considered. In this particular case, since sign alternatives are available to draw attention to the property, unnecessary hardship is not apparent. Moen explained it is not clear from the information submitted that the applicant cannot make reasonable use of the property as a result of sign size limitations. Because it is difficult to establish hardship based on the two tests, the question of origin of the hardship is moot. Staff recommends that the request for a variance to the sign regula- tions to permit a free-standing sign that exceeds the maximum size requirements of the CI -I zone for the Honda dealership based on the information provided be denied. Larry Schnitt.ier, 456 Highway 1 West, from MMS Consultants, stated he was working with the Honda personnel. Schnittjer discussed the reasons for requesting the sign's variance. He stated the facility cannot be seen by motorists traveling on Highway 1 from the north. Motorists cannot see the facility early enough to make the turn to enter the property. The proposed sign, he feels, would remedy this problem. Mike Dean. Soy Westwinds Drive, the general manager for the Honda dealership, stated that American Honda only allows dealers to purchase certain sized signs and that there are no in-between sizes available. When the dealership ordered the sign 90 days ago, they failed to check on the size limitations of signs in Iowa City. He stated the sign cost them about $26,000 and although money was not the issue, the sign company would not take the sign back. Dean explained he could adapt the sign if the Board of Adjustment would allow him to use the word HONDA and take off the word automobile and the reader board, which would reduce the size of the sign. He requests to be allowed to use the word HONDA at 6 feet by 6 feet per letter, which is what Honda sent him. Mask questioned if there was a problem with the height of the sign and Moen informed her the height of the sign was in compliance with the Zoning Ordinance. Moen stated the area of the sign face was in question. Dean stated this was the only sign that could be used at the dealership in order to be seen from the highways. Mask asked if reducing the sign satisfied the requirements of the Zoning Ordinance. Moen stated the size of the letters and the space /977 Board of Adjustment June 8, 1988 Page 3 between the letters would have to be reduced for the sign to be in compliance with the Zoning Ordinance. Winegarden expressed sympathy, but he stated almost every auto dealership that has moved into town has said the same thing. He stated that the Board of Adjustment has very strict guidelines and, as staff stated, the applicant must show that unnecessary hardship exists. Winegarden stated that the unnecessary hardship test is whether a reasonable use of the property can be made without a variance and whether the circumstances of the applicant are unique, and if the hardship is not of the applicant's own making. Dean felt that there would be a hardship insofar as the $1.5 million investment in the property could not be seen. Winegarden stated that no evidence has been presented to show that a reasonable use of the property cannot be made because of sign limitations imposed on the property. Randall questioned whether the property could not be seen from Highway i or Highway 218. Dean said the property could not be seen from Highway 218 but you could see the dealership from about one- quarter placed inmile backaway of theHighway dealershipDean assaid to attractbigger traffic off of Highway 218. Mask moved that V-8804, a request by Chezik-Sayers Honda for a variance to permit a sign which exceeds the size limits of the CI -1 zone be approved. Randall seconded the motion. The motion failed by a 0-3 vote. 1• SE -8811• Public hearing on a request submitted by Robert Happel for a special exception to reduce the front yard requirement of the RS -5 zone for property at 2001 Union Road. Moen stated Robert Happel submitted this request on behalf of the tproperty hesingle-famiLinda single-family dwelling Happel sinterested ipurchasing located onthe property andhewishest enlarge the existing attached single car garage to the extent that it would encroach upon the required front yard on the east side or along the Union Road right-of-way. Mr. Happel is requesting a special exception to reduce the minimum front yard requirement of the RS -5 zone to enable him to extend the proposed addition into the required front yard. The existing garage measures 11 feet wide by 241 feet long and Mr. Happel proposes to enlarge the garage to a width of 26 feet. The 241 -foot length would remain the same. Due to the alignment of Union Road and the manner in which the house is placed upon the lot relative to the frontage, the southeast corner of the proposed addition would encroach about five feet into the required front yard along Union Road. 1077 Board of Adjustment June 8, 1988 Page 4 Moen stated the Board of Adjustment is able to grant special excep- tions in those situations in which the special exception would be in the public interest and would reinforce the intent of the Zoning Ordinance. Moen also stated it is the burden of the applicant to show that peculiar circumstances are associated with the property that justify a relaxation of the Zoning Ordinance as it applies to the property. This particular lot is located on the corner of Union Road and the Union Road cul-de-sac. The 20 -foot setback applies to the cul-de-sac frontage and to the Union Road frontage. The purpose of this requirement is to establish a uniform setback along all frontages, to minimize crowding and congestion in the area and to make certain that there is adequate light and air to adjacent properties. It also provides a buffer for properties from the street traffic. There is space upon the lot to enlarge the garage, but not to the extent proposed in the application. Moen stated it is the burden of the applicant to show distinguishing characteristics of the property that justify or warrant relaxing the Zoning Ordinance for this particular case. If the applicant fails to identify how his property is distinguished from other properties exposed to the same require- ments, then a special exception is not justified. A special excep- tion is not designed to grant special privileges to one homeowner, which are not granted to others. Five factors are taken into consideration in determining whether, as a result of special circumstances, there is difficulty in complying with the dimensional requirements of the zone in which the property is located. Moen stated staff reviewed each of these items and outlined its comments in the staff report dated June 8, 1988. Based on measurements the applicant submitted, Moen advised the Board that it appears the garage could be expanded to 21 feet in width without the need for a special exception. A 21 -foot wide garage would enable the storage of two vehicles.' In staff's judgement, the interest of justice would not be served by allowing the request for a special exception on the property to enable construction of the proposed garage. The staff feels the characteristics of the property are indistinguishable from adjacent properties and no conditions exist which prevent full use and enjoyment of the dwelling. Staff recommends the special exception to reduce the front yard requirement for the property at this address be denied. Robert H Happel. 1946 North Ridae Drive. Coralville, requested information on what his rights were and whether he could question members of the Board. Randall responded that he was free to ask any questions and submit anything he wanted. Happel requested a definition of what the interest of justice implies. Moen replied the interest of justice refers to the regulations that are applied uniformly to properties within Iowa City and these regulations vary from zone to zone. In the RS -5 zone, in which the property is located, there are minimum requirements as to setbacks and, unless there are particular circumstances associated with the property, /017 Board of Adjustment June 8, 1988 Page 5 there is no justification for relaxing, amending, or adjusting the requirements in order to enable an owner to use the property to a greater extent than adjacent property owners are able to use their properties. If there are peculiar circumstances or property charac- teristics that affect the applicant's ability to use the property, then the Board of Adjustment is empowered to determine, as a result of the circumstances, whether the regulations should be relaxed. Happel questioned whether, since this is a corner lot, and due to the curvature of the road, this sets this lot apart from normal lots that are square in the front. Randall stated one of the most obvious tests was whether the difficulty can be resolved by some other feasible method. He suggested a narrower garage or pushing the garage further back on the property as other options that would not require a special exception. Happel stated that, in his opinion, setting the garage back would not be aesthetically pleasing. He felt the garage addition would improve the value of the property because two -stall garages seem to be a plus in the Iowa City area. He stated that he could build a 21 -foot wide garage with no special exception, but he wants to see if he had any say in the final outcome of the decision. Happel presented photographs of the area. Happel stated he could not present a hardship case. The request was just for something he wanted to do to the house. Randall informed Happel that you don't have to prove a hardship for a special exception. Winegarden stated that about every two months this type of report comes up for a garage or a fence that it too tall. He felt that to be consistent, the Board has always abided by the zoning laws. Happel felt $265 was a lot of money to ask for a special exception and he requested that information about the difficulty of obtaining a special exception be made available to future special exception applicants. The Board responded that each case is different and that each case needs to be dealt with in a case-by-case manner. Happel stated he was planning on using the garage to work on his cars and he felt that a work bench and a motorcycle in a 21 -foot wide garage would be very hard to do. Randall questioned why the garage could not be made longer to accommodate a work bench in the back. Happel stated that he wanted to try and keep the look of the house the same by bringing the ranch style out further. Randall stated the Board was trying to find a balance between the City's interests and Mr. Happel's. Mask felt that other alternatives exist and that the purpose of the ordinance is to preserve the property for the individual and the community. She stated she doesn't feel the Board can be too relaxed about varying Zoning Ordinance standards. Mask moved that SE -8811, an application submitted by Robert H. Happel, an behalf of Linda Long, for approval of a special exception to reduce the minimum front yard requirement of the RS -S zone for the property located at 2001 Union Road be approved, iiinegarden seconded the motion. The motion failed by a vote of 0-3. /077 Board of Adjustment June 8, 1988 Page 6 SE -8812. Public hearing on an application submitted by Merlin Hamm for a special exception to reduce the minimum front yard requirement of the RS -5 zone for five lots within Samuel Drive Subdivision, generally located west of Oaklawn Avenue on Samuel Drive extended. Winegarden moved and Marsh seconded the motion to defer consideration of application SE -8812 to the July 13, 1988, meeting as requested by the applicant. Motion carried 3-0. SE -8813. Public hearing on a request submitted by William and Doris Preucil for special exceptions to permit the expansion of a specialized private instruction use in an RM -12 zone and to waive off-street parking requirements or permit off-street parking on a separate lot in an RM -12 zone for property located at 524 North Johnson Street. Rockwell stated that William and Doris Preucil, owners of the Preucil School of Music located at 524 North Johnson, had requested a special exception to expand a school of specialized private instruction in the RM -12 zone. The Preucils proposed excavation of the crawlspace to increase the school's basement area and thereby add three class- rooms. The Zoning Ordinance requires two additional parking spaces for each classroom, for a total of six spaces. Because there is no room for on-site parking, three alternatives were proposed for the Board to consider. Rockwell stated that the first proposal the applicant suggested was to purchase the 80 x 100 City right-of-way immediately south of the Preucil School of Music to serve as a parking lot. If the Preucils purchase the City property, that area would become part of the Preucil School property, that is, part of the same lot. The Preucils also requested that the Board consider the merits of granting a special exception to waive off-street parking requirements entirely or permit six parking spaces on a separate lot within 300 feet of the Preucil School of Music. Rockwell stated the Board would need to judge whether an expansion for this already intensive use could be sufficiently conditioned to eliminate the negative impacts. With regard to the special provision for historic structures, denial of the special exception would limit the ability of the applicant to expand use within the historic Preucil School structure but would not prevent continued use. It would be difficult for the Board to justify a complete waiver of parking requirements given the current intensity of use, and the likelihood of exacerbated parking and traffic congestion problems if the special exception to expand were granted. Rockwell stated that the Board had also been requested to consider a special exception permitting off-street parking on a separate lot, which can occur when there is an increase in the number of spaces required by a conversion or an enlargement of a use. For this alternative, the Preucils proposed to construct a six -space parking /077 Board of Adjustment June 8, 1988 Page 7 lot within 300 feet of Preucil School, off the alley in the back yard of the residence located at 524 Church Street. Rockwell recommended that the Board consider whether the expansion of a use for the special exception should be granted and then consider the off-street parking requests. Rockwell stated staff is concerned about the potential increase in traffic congestion due to the relocation of classes from Zion Lutheran Church to the Preucil School premises. However, if the Board decided to grant this special exception to expand, staff recommended that the Board not waive the off-street parking requirements or permit off-street parking on a separate lot. Rockwell stated the Board's approval could be condi- tioned on the applicant acquiring the City right-of-way to the south and the provision of parking on-site to the maximum extent possible while ensuring protection of existing mature trees. o.U„j 5 4 North Johnson, talked about the history of the school. She stated that she and her husband had acquired the building in 1974 because they felt the building was ideally con- structed to serve as a music school. The building already had ticket windows, an auditorium, and even a men's and ladies' room. This had been a public building before and should continue to be a public building. The building has a beautiful auditorium. Preucil stated the school started out small by buying the building and remodeling it. In two years, they were out of space in the building and enroll- ment had increased so they had to rent space at Horace Mann School, Zion Lutheran Church, and in private homes. Preucil stated they have tried many things to alleviate the problem. The school is vacant for most of the day because the age group taught is in school all day. They have a busy time between 4:00 and 6:30 every day when they need more room. She felt they need a program size of 450 students to maintain the facility and to pay the faculty. Preucil School has reached its perfect size. The Preucils do not intend to increase enrollment because they want quality rather than quantity. Preucil stated that their program is suffering because of the morale of the people who have to work away from Preucil School. These people don't feel like they are part of the program or the school, and moving instruments and other musical items back and forth is dif- ficult. They are also very unsure that from year to year they will be able to find space available to rent. Their dents to place that ristnot crowded aIn t tis to move the to peak times. They also them some structural repairs to maintain the old building and to eliminate some of the problems associated with it. Preucil stated they are a non-profit group so they can't put money into the building to restore it if they cannot use the improvements they make. Preucil felt that they are in a public place and she stated that at one time the building was even zoned Public. She also stated the school was surrounded by a parking lot, schoolyard park, and two houses, so she concluded this area was more public than private. /071 Board of Adjustment June 8, 1988 Page 8 Preucil stated they have never had any kind of parking problem because they are far enough away from the University. They acquired the building at 524 Church with the intent of building a parking lot in the back yard to meet the requirements of being within 300 feet of the current building. She stated they are not anxious to build on this lot but they are willing to do so. Preucil said that when they applied last fall for special exceptions, Don Schmeiser made the recommendation that they apply to buy the City right-of-way next to the school and place a parking lot on it. They also worked with a committee from Horace Mann School which was considering buying and then improving the eastern portion of the City right-of-way as a playground. Preucil questioned a few of the things in the staff report, mainly the words noise, traffic congestion, and intensive use. Preucil presented a survey showing how many students are in the building at any given time during the day. The highest number was at 5:30 p.m. and it averaged 7.4 students. This does not include the 50 students on Friday who come for the group lessons or the 50 on Monday. It was found that at 4:00 p.m. there were 6.2 students, at 2:30 p.m. there were 3 students, at 7:30 a.m. there was 1.1 students and the average for the rest of the day was less than I student. Preucil questioned if this is intensive use of a building of that size. Preucil also conducted a parking survey at the same time which monitored all the cars parked from Church Street around on Johnson Street to the curve where the alley comes out. The monitoring was conducted at 10:00 a.m., 11:00 a.m., 12:00 p.m., 2:00 p.m., 4:00 p.m. and 6:00 p.m. on Monday, Tuesday, Wednesday, Thursday and Friday. She stated, for example, that on Monday at 8:00 a.m., two cars out of nine were Preucil School cars. At 10:00 a.m., 3 cars out of 11 were there for Preucil School activities; at 12:00, 6 were theirs and at 2:00 p.m., 4 out of 9 were theirs; and at 4:00 p.m., there were 9 out of 10, and at 6:00 p.m. there were 15 out of 15. She stated they also used the Horace Mann parking lot after 4:00 p.m. and there was room for 17 cars in that parking lot. Preucil stated she would like to give the Board a petition signed by neighbors who don't feel there are any problems. Preucil stated if they are not granted the special exception, they cannot continue their use of the building. John Maclndoe. 1124 Conklin Lane, stated he was present to act as a representative for Horace Mann PTA. He stated the Horace Mann School occupies the property immediately north and east of Preucil School, all the way to Dodge Street. Over the years there has been a very cooperative relationship between the two schools. Preucil School had been using the Horace Mann parking lot during non -school hours and there was no reason to think this would change. Approximately a year ago, the PTA formed a committee to examine the school's playground for safety features and functional and aesthetic features. They planned to extend the playground by purchasing the City right-of-way to the southwest. He chaired the committee and stated it was brought card of Adjustment June 8, 1988 Page 9 to their attention that Preucil School wanted to buy the adjacent City right-of-way to build a parking lot. His group supports Preucil School's plans for building a parking lot. He felt this would not create any problems aesthetically or functionally to the playground. Joyce Smith 523 East Church Street, stated she has lived in the neighborhood for four years and she has two children that both attend Horace Mann School and Preucil School of Music. She spoke in favor of the special exception, especially the option to purchase the land adjacent to the school to serve as a parking lot. She wants to see the near north side neighborhood continue to strengthen and to be a vital neighborhood for families to raise children in. Smith respects the historical aspects of the neighborhood, and felt the building in question has a great deal of historic significance. The request would not hurt the integrity of the neighborhood. Preucil School has attracted young families to the neighborhood. Easy accessibility to Preucil School was one of the reasons she purchased her house in the neighborhood. Smith stated she likes the cooperative relationship which exists between Horace Mann and Preucil School. For the neighborhood to grow and expand, they need to cooperate. Smith responded to some of the concerns raised by the initial staff report, such as noise, traffic and congestion problems. Smith felt noise had not been an issue and stated she hears more noise from children playing at Horace Mann and noise at 3:00 in the morning from students. In the summer time when she is in the park, she stated that she can hear students playing when the windows are open. Smith questioned whether this is noise and she feels that there are noises that are more of a problem in the neighborhood. Smith stated she feels there is not a parking problem in the area. She felt the data that Doris Preucil had presented was accurate. Smith stated on Monday and Friday there are a number of parked cars of greaterlthaning thepreucil parking5chool, but around MercyhH spitaltorealthat this is an block over by the University students. Smith did feel that traffic congestion occurs on Friday afternoon around 5:00 and perhaps on Monday. She felt this is greatest after 5:00 when the City allows parking on both sides of Johnson Street because the street becomes very narrow for cars to travel through. She feels this is a very limited amount of time to tolerate a small inconvenience that has not posed a safety problem. Smith felt the benefits of the school far outweigh any traffic problem created for one or two hours per week. resile Kuenzli 1133 Maole Street. stated she was a parent of two Preucil School students who have attended the school for about 11 years. She felt that Preucil School was a very special school. Kenme of thezlfinestted stuents fom the school universities cin the country rand amante y of d go on to o the most pres- tigious music schools. 1077 Board of Adjustment June 8, 1988 Page 10 Kuenzli stated the Chamber spends a great deal of time and money to attract people in business to come to the Iowa City area. She argued that Preucil School is one of the major factors that enhances family living and is one of the major reasons her family transferred to the city. She feels it would be a fine investment, with no money involved, to grant whatever special exception the Preucils feel necessary. Helene Soper. 723 Bayard, stated she spoke from the standpoint of having been a resident of Church Street for six years. Having lived on Church Street, she talked about the student noise and motorcycle noise in the neighborhood. She talked about the positive influence of Preucil School on students' lives. She said when she brings visitors into the town one of the places she takes them is to Preucil School to view the facility. The City should be proud of the building and they should try and make it work because there are not any problems which cannot be worked through. This is really a public interest that they are addressing. Jim Harris. 219 Ronalds Street, stated he was one of the original organizers of the North Side Neighbors, an organization concerned with preserving the residential area. He felt the neighborhood should not be looked upon as an area in transition. The residents of the area have developed a set of policies which would limit the Intensity of the use to the extent that it would accommodate existing structures and preserve the area using the existing structures. Harris felt that community institutions need to be preserved. Harris stated that when there was talk about closing Horace Hann School, the North Side Neighbors were very vocal in protesting. The neighbors feel Preucil School is a very viable asset, not only to eastern Iowa but also to the neighborhood. Harris stated, however, that there might be sone minor planning problems like congestion. To accom- modate the school is very much in line with the policies of the neighborhood as advocated to preserve the neighborhood. Jack Luke. 524 E. Church St., stated he rents the property at 524 Church Street. He wanted to reinforce from another neighbor's standpoint what Ms. Smith had pointed out. There are two major noisemakers in the area: one would be the basketball games in the parking lot and the other Is the traffic on Church Street. However, there is a parking problem, but no greater congestion should be created or traffic impeded if the school is expanded. The problem comes from the speedier traffic on Church Street, not by the backing up of traffic coming from any event in the park or Preucil School. Luke feels if the parking lot is built then the exit from the area would go out the other direction, 'which would alleviate the problem. He argued that he had failed to see a parking problem, noise problem or a neighborhood problem caused by Preucil School in the two years he had lived there. Herbert Wilson. 740 Fairway Lane, was interested in Preucil School because he had seen the program and attended a number of the recitals, and observed the students and a number of their accomplish - la 27- Board of Adjustment June 8, 1988 Page 11 ments. Wilson felt that Preucil School is an asset to the community bectheause of propertyits to thehsouthdards and thenplacingpofssixncars onitAcquisition of in best interest of safety and he hoped this could be done. Marian Gaffev 529 Church Street, spoke against the special excep- tion. She stated that the house across the street at 524 E. Church was supposed to be a home occupation and the Preucils were having sched oPreucils alsohrentede had aoutotheischoolon cbuildingsthem. h for church e stated theservices and organizational meetings. Gaffey stated the problem is on Friday nights, Saturday afternoons, and on Sunday mornings. There was a concert on Mother's Day, a wine and cheese party and then on the following Sunday, a music event from 1 p.m. to 9 p.m.. She put up with this all afternoon. She said they have also had wedding receptions held there. The traffic is terrible and there is some- thing every night and every weekend. It goes from a little after 7 in the morning to late in the evening. She was not running down Preucil's music or her pupils. However, she felt the Preucils need a bigger place with parking. Ln t .d F�alert rhurch Street, questioned what happens to the money because the school is a non-profit organization. She also questioned what happens to all of the tuition. She stated that one day it took her 25 get hermhairefixed g n from Church Street Thursday afternoons Sheecks said aeal down hnson to problem is created when you have cars on both sides of the road and one in the middle that will not move until the child comes out from the class. She questioned what to do and expressed that the neighbors shouldn't have to put up with this. She felt that if she ran into a shelwouldnbehtoldulitbwasoherafault. Eglertwould not t fault, but feltatmorepre- cautions were necessary and that the City should not sell a nice recreation whether traffic would con out on o Johnson eSttrreet. trafficwondered whether y1o_hn D�lezal. 512 Gh�!r'h Street, sits out on his porch every night and watches the traffic and at tins you can see all of the Church closed the l streeeetl in the first splice was Htosprotect theaid the children City Street as wl the neighborhood. He felt when the Preucils purchased the school they knew there was no parking lot but now they want to have parking. He the City gthe i thstill cars �ng the children and ifheCity waoing tl ten putthere flgtty Maxwell s21 chrch Street, owns a six -unit apartment building across the street and has to furnish parking for all of her tenants. She questioned how the City can consider a business that does not have room for parking. She felt if the people who use the new lot pofv accidents. She tquestionedto s wheron e Street 1 aws therehen would that bedanger likt bother esnthe music, but parkingswas the 'big issue torher. Maxwell and she usaid /07% Board of Adjustment June 8, 1988 Page 12 some of the people who spoke earlier are never there during the day so they would not know what it is like to be home during the day. Robert Gaffey, 529 Church Street, has lived in the neighborhood for 34 years and has good neighbors all around him but he has given up his peace and tranquility and his property values have decreased about 20% over the last five years. He said the children have to run across Church Street and he wondered if this would be studied. He stated the school operates night and day, seven days a week. He didn't feel that the noise was the problem. The problemw were the traffic and the number of cars. He is not in favor of any expansion because the school is already too big. He felt if they were that successful, they could go out and buy another building and use this one as a primary building for the school. Doris Preucil. 524 N. Johnson, spoke again to try to answer some of the questions which had been raised. She informed the Board the house at 524 Church Street was not brought up because she felt it had nothing to do with the special exception. She said if they can build the rooms in the basement of the school, they don't intend to keep the house. Currently the house was being rented to one of the teachers who teaches piano in the house as a home occupation. Preucil stated that Ms. Luke, the tenant, was giving private lessons to the home. She felt this came under the home occupation, but when there was a complaint against it, they moved the business out of the home. She addressed the question about rental of the auditorium to the New Mission Church, which has about 30 members and meets there on Sunday morning. She said the building is being used on weekends after recitals. she stated that on the day there were people coming from 1 p.m. to 9 p.m., they had a marathon recital. Preucil School is not a rich persons' school. About 33 people received scholarships last year. Tuition money does not cover all the costs of operation. The school is not a wealthy organization. Preucil stated that she did not know why anyone living on Church Street would turn right onto Johnson Street to go down and around through all the traffic to go to a hair appointment. She stated there are only two houses whose driveways open up onto Johnson Street and she didn't see any of these people present. Preucil said that all children crossing the street are accompanied by an adult. Mask questioned Preucil about the pictures of 524 Church Street and the violation that occurred there. Preucil said that this was the piano class she was speaking about and at the most had 11 children in it. She stated Hs. Gaffey had never dealt directly with her. However, Preucil School had taken the necessary steps to alleviate the problem. Mask questioned if there were any lessons going on at 524 Church Street at the present time. Preucil replied there were private lessons, but no group lessons. Preucil stated if the renova- tion was made then there will be room for all classes to be held in the Preucil School. She said they could not remain in the present building if the special exception were not granted. /077 Board of Adjustment June 8, 1988 Page 13 Diana Luke. 524 Church St stated she was the teacher of the private lessons a 524 Church Street. She said in the mornings, she has invited parents to come over and watch the lessons going on. She stated that they were all private lessons and no group lessons were being held. Mrs. Don DOlezal, 512 Church St., felt the Preucils were trying to push them off of their land but she stated she would not be pushed off. She said she had raised children in the neighborhood and had never had any problems, but the children today don't have any respect for the elderly. Sonya Zietamel. R.R. 7, stated she was on the faculty at Preucil School. She comes to the school six days a week and that she seldom had to park more than a block from Preucil School. She felt renova- tion and more parking would be a plus as far as the parking issue. e The renovation would allow all the Preucil students to be housed under one building. She stated the 100 students coming down from Zion were not added on to the total of 450 students. An additional six parking spaces would more than handle the students coming in from Zion. Since she has been with Preucil School, one of the main goals has been to work in harmony with the neighborhood. During peak lesson times, traffic is heavy, but this is only two days per week from approximately 4-6 PM. Traffic is heaviest when i students go to and come from the classes, but this is not a constant rate. She felt the problem occurs at 5:00 when traffic is allowed to park on both sides of the street, because this bottles up traffic and causes it to move slower. If parking could be confined to the Park side of the street, then traffic could flow past the school easier. Zietamel stated she truly hopes the solution can be found so Preucil School can remain in the north end neighborhood. .. Randall stated four options: one is to expand with no parking lot, one is to expand with a parking lot on City right-of-way south of Preucil School, expand with a parking lot at 524 E. Church , or approve no expansion at all. Mask suggested that the Board consider expansion by itself first. Randall stated that the Board should consider the request to expand with purchase of the right-of-way as one item. Winegarden felt that the items were tied together and he would not favor expansion if the right-of-way parking did not come as part of the approval for expansion. Winegarden questioned the use at 524 Church if a special exception were granted. It was stated that no lessons would be held nor would any children be crossing the street if the parking lot were built on the City right-of-way. Randall stated that he was in favor of allowing the school to expand on the condition of purchasing the right-of-way to the south and installing the parking lot as planned. Winegarden stated he was in favor of the expansion on the condition that the parking lot was purchased. Mask agreed. 1017 Board of Adjustment June 8, 1988 Page 14 Winegarden moved to approve SE -8813 for the Preucil School of Music located at 524 N. Johnson Street to permit expansion of the school of specialized instruction in the RM -12 zone with the following condi- tions: 1) The applicant's acquisition of the City right -of -ray to the south; 2) A parking lot provided on site with a minims of six parkig spaces while assuring the protection of existing mature trees. i Mask seconded the motion. The motion passed unanimously by a 3-0 vote. Winegarden stated that the Board should consider the request for a parking lot at 524 E. Church. He had looked at the property which has a garage on it at this time and a phone pole with guidewires on it. Preucil said that the design of the parking lot was in the original staff report and it would consist of six parking places. The garage would be removed. Preucil stated that if they could not acquire the right-of-way from the City, then they would need some kind of parking alternative. Mask questioned where the Preucils were with the City on the acquisition of the right-of-way. Mask felt that she had a greater concern with the parking at the Church Street property because of the community problems and the problem of children crossing the street. Winegarden said he hoped people would pull into the parking lot to let the children off. At this point, the Preucil's attorney, Bruce Goddard, stated that the Preucils had decided to withdraw the request for a special exception to waive parking or locate it on a separate lot. The Board agreed to the withdrawal. Mask stated there are allegations on both sides of the traffic problem. In the future, if this application should come back to the Board, she would like more specific information on the extent of the parking problems. She felt the Board needs more concrete information to make a decision. ' SE -8810. Public hearing an a request submitted by H.D. Hoover for a special exception to reduce the minimum rear yard requiremetn of the RM -44 zone for property located at 612 N. Dubuque Street to permit a garandage which for a special es exception xceptionore tton reduceftheeminimumesetbackrear yfromrd atea he rear lot line on the same property. Randall stated that special exception 8810 could not be considered because, due to a possible conflict of interest between the applicant and a Board member, a quorum was not present. Moen said the ap- plicant had a son available for the summer to construct so he was eager to know the Board's feelings regarding this application. Moen suggested the application be deferred to a definite time before the July meeting. /10,77 Board of Adjustment June 8, 1988 Page 15 Boyle stated the meeting could be continued to the next day, June 9, Moen inquired about the consequences if staff is unable to get three people for a quorum. Boyle responded the meeting would have to be deferred to a certain time and notice of the meeting would have to be published. At 7:05 p.m., Vinegarden moved to continue the meeting until 10:00 AN, June 9, 1988, in the Council Chambers. Mask seconded the motion. The motion passed by a 3-0 vote. Minutes submitted by Greg Michel. Ro ert Rana ,Chairperson ar n Franklin, Secretary /all MINUTES BOARD OF ADJUSTMENT JUNE 9, 1988 - 10:00 A.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Mask, Randall, Hinegarden MEMBERS ABSENT: STAFF PRESENT: Messier, Pelton Moen, Michel PRF''�. �I Suhj This Board of Adjustment meeting is a continuation of the June 8, 1988, Board of Adjustment meeting. SE -8810• Public hearing on a request submitted by H.D. Hoover for a special exception to reduce the minimum rear yard requirement of the RM -44 zone for property located at 612 North Dubuque Street to permit a garage which occupies more than 30 percent of the required rear yard area and for a special exception to reduce the minimum setback from the rear lot line on the same property. Moen reported that H.D. Hoover has submitted an application for two special exceptions to permit construction of a garage that would occupy more than 30 percent of the required rear yard and would be closer to the rear lot line than is permitted by the Zoning Ordinance. H.D. Hoover wishes to construct a 16' x 20.5' detached garage within the rear yard of his property at 612 North Dubuque Street. The size of the proposed garage exceeds the area of the rear yard that may be covered by an accessory building. The Zoning Ordinance states that, in residential zones, accessory structures shall not occupy more than 30 percent of the rear yard area. The garage, as proposed, would occupy about 35.6 percent of the required rear yard area. To construct the garage in the manner proposed, Mr. Hoover is requesting that a special exception be granted to reduce the rear yard from 20 feet to 2.93 feet. The net effect of this reduction is -that the garage would no longer occupy more than 30 percent of the remaining 2.93 foot area. Mr. Hoover also requests a second special exception to reduce the setback from the rear lot line that has to be observed for accessory structures. In this particular case, since the garage is more than 60 feet from the street, the garage may be located within three feet of the rear lot line. Mr. Hoover requests a special exception to place the garage within one foot of the rear lot line. Moen stated the Board is aware that it may grant a special exception to modify yard requirements, when the owner of the property demonstrates that such person's situation is unusual or that there is practical difficulty in complying with the dimensional requirements of the Zoning Ordinance. 1077 MINUTES BOARD OF ADJUSTMENT JUNE 9, 1988 PAGE 2 The applicant maintains that the adjustments he is requesting are the minimum adjustments required to construct a useable garage on the property. The location of the existing house and an exterior cellar stairway affect the proposed location of the garage. To achieve a turning radius to allow a car to get into the garage, the building must be pushed further toward the rear lot line. Alternative locations and reductions in garage size do not permit vehicle access to the building given these constraints. The purpose of the 30 percent limitation is to conserve open space on a lot and to assure adequate light and air on a lot and on adjacent properties. The net effect of these is to prevent an overcrowded and congested appearance on the lot as well as on adjoining properties. If a certain amount of open space is conserved on the applicant's property as well as on adjoining properties, collectively there is 'an elusion of even greater open space. It is in the public interest to maintain a minimum amount of open space within the rear yards of each lot which has the cumulative effect of the appearance of substantially more open space. The Hoover home, as well as many of the houses in the neighborhood, were constructed in the 1890's. These homes were constructed on narrow lots that measure only 45 feet in width. They were also constructed at a time when houses were placed substantially further from the street, which thereby had the effect of reducing the size of the back yard. Consequently, the back yards were substantially smaller than the typical back yard created today. In addition, adjacent homes and accessory structures were constructed at a time when rear yard coverage was not regulated. Consequently, the garage at 616 North Dubuque Street consumes about 50 percent of the required rear yard. There is also' a garage on the property to the south of 612 North Dubuque Street that is about three feet from the side lot line. Behind Mr. Hoover's house is a facility known as Hillcrest Family Services. In 1983, in conformance with the Zoning Ordinance, Hillcrest Family Services constructed a sizeable addition to the rear of its facility. The net effect of all of these buildings is that it has enclosed the narrow rear yard of the Hoover property. The elusion of open space is, therefore substantially diminished as a result of this addition and adjacent accessory structures. On the other hand, if a garage is placed on the Hoover property in the manner in which Mr. Hoover suggests, the impact of the garage will not affect the neighbors' ability to get access to light and air. In staff's opinion, therefore, modification of the rear yard to permit construction of the proposed garage will not alter the congested appearance of the immediate area. While buildings in older neighborhoods are often closer together, the conditions affecting Mr. Hoover's are distinguishable from situations within other older Iowa City areas by the extent to which the rear yard of the Hoover property is enclosed by buildings on adjoining properties. 1077 MINUTES BOARD OF ADJUSTMENT JUNE 9, 1988 PAGE 3 With regard to the special exception to reduce the rear yard setback, the applicant maintains that the proposed garage must be located within one foot of his rear yard line to achieve a turning radius that allows him to access the building with a car. The three foot rear yard setback allows access between buildings on adjoining properties, it provides space to enable the property owner to construct and maintain his/her structure from his/her own property, and it also protects adjacent properties from fire damage. Moen discussed the effects of the setback in the interest of the neighborhood, and it was suggested that the applicant be able to maintain the east facade of the proposed garage. If the garage is placed within one foot of the rear lot line, it may be difficult for the applicant to construct and maintain the building without encroaching on adjoining properties. If the garage is placed within one foot of the rear lot line, staff recommends that an access easement be obtained from Hillcrest Family Services to entitle Mr. Hoover to transgress over neighboring property to construct and maintain this wall of the building. In order to contain stormwater on the Hoover property, staff also recommends that a rain gutter be attached along the east side of the garage and that the downspout be directed onto the Hoover lot. This provision would assure that stormwater shed from the roof of the garage would not drain onto adjacent properties. Building Code regulations will automatically require that the eastern and northern walls of the garage be constructed to one hour fire wall standards since these walls are located closer than five feet from the property. Due to the proximity of the proposed building to other buildings, staff recommends that the entire structure be constructed to the one hour fire wall *standard if the special exception reducing the rear yard is approved. Moen stated the Board must also consider the practical difficulties associated with this property that make compliance with the dimensional requirements of the Zoning Ordinance difficult. I. With regard to this application, the request from Mr. Hoover for the adjustments requested are the minimum required to permit a garage on the lot. Due to existing conditions, staff feels that adjoining property's access to light, air and open space would not be diminished by the special exceptions requested. The proposal would neither increase population density in the area nor impose additional burden on available government facilities. 3. Staff anticipates the special exceptions would neither be detrimental to adjoining properties nor substantially change the character of the neighborhood provided an access easement is secured from Hillcrest Family Services to permit access onto the property for purposes of maintaining the new garage. Requiring the garage to be constructed 1017 MINUTES BOARD OF ADJUSTMENT JUNE 9, 1988 PAGE 4 to one hour fire wall standards would ensure the safety of the adjoining properties. 4. The difficulty experienced by the applicant cannot be obviated withrearut yard adjusting the The proposed cimum rear on tructionard g cannot requirement otoccur without granting the special exceptions. 5. Staff feels the interest of justice could be served by granting the yard modifications requested. The staff consistent inordesignnotes that the with the aexisting intends which willconstruct enhance building structure's ability to blend in with surrounding buildings. No elevations, however, have been submitted and, therefore, there is no assurance that the building would be constructed in that manner. Stiff feels a compatible design would enhance the building's ability to blend with surrounding older buildings. Staff recommends approval of the requested special exception to reduce the minimum rear yard requirement of the RN -44 zone for the property located at 612 N. Dubuque Street from 20 feet to 2.93 feet to permit construction of an accessory structure as illustrated on the site plan that accompanies the application. Staff also recommends that the special exception to reduce the required rear yard setback from 3 feet to 1 foot from an accessory structure be approved. Both recommendations are subject to the following three conditions: i ement to allosevidence of an executed allow construction d mintenanceotheeastwalof the proposed garage before a building permit is issued. 2 Attachent the arain down poutttontolthe the property side a6 2 the Nortgaof rage Dubuque Street. 3. Construction of the entire building to one hour fire wall standards. Hog e619 Nor*h Dubuque Street, stated there were two or three points he wished to make about construction of the garage. He had talked with closerto staff theut the garageoat 1nal 616 proposal Dubuque. Instead, uct his he aproposestto construct the garage such that the north wall of the building would be in line with the northernmost wall of his house. This increases the distance between the two garages. Also, the side of the garage that would abut in line with the to snorthily Her feels' hibe more property wold uld be ullt aestheticallypleasing g to Hillcrest Family Services than if the garage were offset from the other garage bordering this facility's side yard. 1017 "ihUTES BOARD OF ADJUSTMENT JUNE 9, 1988 PAGE 5 He stated the addition on Hillcrest Family Services is a two-story addition, so his back yard became non-functional after this addition was constructed. The shade generated makes it difficult to grow anything. He stated that, in regard to building the garage in compliance with something that fits in with the existing structure, he has already spent nearly $20,000 restoring the house to its original state. He, therefore, has a vested interest in enhancing his property. He felt that by adding a garage he would be spending more money than he may recover if the property were sold. He also said he was going to try and do anything he could to the house that would improve the looks of the neighborhood. Winegarden questioned whether there was any problem obtaining the easement from Hillcrest and Hoover replied that he hadn't asked and he didn't know. However, he thinks they will like the garage because it adds privacy as their dining room window presently looks into his back window. Mask questioned how close Hillcrest's addition was to the property line. Hoover felt that it was about ten feet and stated that he was going to move part of his fence which separates the two properties, closer to his house. This would enable Hillcrest to have more ground to use and offer better access for maintenance. Winegarden moved to approve SE -8810, a request for a special exception to reduce the minimum rear yard requirement of the RM -44 zone for property located at 612 North Dubuque Street from 20 feet to 2.93 feet to permit construction of an accessory structure as illustrated on the site plan file -stamped May 19, 1988, subject to conditions, and for a special exception to reduce the required rear yard setback from 3 feet to 1 foot for an locatedonthe. structureillustrated tsubject to conditiMay ons. Both 1988, site plan special exceptions are approved subject to the following conditions: a. submission of evidence of an executed access easement agreement to allow construction and maintenance of the east wall of the proposed garage prior to the receipt of a building permit; of ae and b. attacdirecting the downspoutnt of a rain tter ontoltthhe the east property side a612 the Nortrh Dubuque Street; c. construction of the entire building to the one hour fire wall standard. Mask seconded. The motion passed unanimously by a 3-0 vote. Mask stated she felt that the staff report was clear and laid out the concerns for the construction of the garage and that the garage would not in any way affect the general plan of the area or the character of the area as it exists. She felt the property is peculiar and that this was the best location for the garage. lag MINUTES BOARD OF ADJUSTMENT JUNE 9, 1988 PAGE 6 The meeting adjourned at 10:39 a.m. Minutes submitted by Greg Michel. Robert Randall, Chairperson gc'g�- Karffi Franklin, Secretary MINUTES POLICE AND FIRE RETIREMENT SYSTEMS BOARDS - JOINT MEETING TUESDAY, MAY 31, 1988 MEMBERS PRESENT: Harvey Miller, Matthew Johnson, Duane Allison, Thomas O'Brien, Mary McMurray, Larry Donner, Elmer Beckler, Bill Farmer, Rosemary Vitosh MEMBERS ABSENT: Debora Hanson The meeting was called to order at 3:00 p.m. in the Library Meeting Room B, Harvey Miller presiding. ITEMS APPR O Minutes of the March 29, 1988, Joint Board meeting were approved unanimously upon motion by Harvey Miller and second by Duane Allison. A request from Police Officer Debora Hanson for temporary disability status and reimbursement of all sick leave for 32 hours for a total of $404.80 was approved unanimously upon motion by Harvey Miller and second by Duane Allison. 3. Rosemary Vitosh reviewed the court decision on the Farnsworth lawsuit. The court awarded Farnsworth's attorney 1/3 of the settle- ment amount plus approved expenses, and awarded the remainder to the City. She reviewed her memo to the Board and her recommendation that the proceeds awarded to the City amounting to $17,755.18 be receipted into the General Fund due to the fact that the Pension Expense Fund had not yet reimbursed the General Fund for $19,369.27 of sick leave and leave of absence compensation paid to David Farnsworth and for medical and hospital expenses. Discussion continued on the variance between actual expenses and the amount of the settlement, amounting to $1,614.09 and the Board agreed that this also should be paid from the Expense Fund to the General Fund. Moved by Harvey Miller, seconded by Thomas O'Brien to receipt the settlement amount into the General Fund and reimburse the remaining expenses, from the Expense Fund to the General Fund. The motion carried unanimously. 4. There was discussion on whether to retain Steve Griffith of Taylor, Ballard i Co. to prepare the actuary report this summer. Unanimous approval was given to retain Mr. Griffith upon motion by Thomas O'Brien and second by Bill Farmer. S. The Board discussed the definition of a full-time student, as recommended by Rosemary Vitosh, which would be utilized in determin- ing the eligibility for children's benefits between the ages of 18 and 22. The proposed definition was amended upon consensus of the Board as follows: A full-time student is defined as an individual who attends school for two of the three semesters in a school year (fall, spring, summer) and carries a full load of course work as defined by the educational institution. If the financial institution is on a trimester schedule, the student must attend three of the four terms. A child between the age of 18 and 22 years who meets this criteria is /0 7Z MINUTES POLICE AND FIRE PENSION 8 RETIREMENT BOARDS MAY 31, 1988 PAGE 2 eligible for benefits for the full fiscal year which ends June 30. An individual who attends school for only one semester during the fiscal year ending June 30 is eligible for benefits, during that semester, only if he/she graduates at the end of the semester. The student must provide verification of full-time student status to the City Treasurer within 30 days following completion of each semes- ter's course work. Such verification may be a copy of a transcript or a written statement from the appropriate school official verifying completion as a full-time student. Monthly benefit payments will be made upon notification that the child will be a full-time student during the fiscal year. If proper verification of completed course work is not received timely, benefit payments will be discontinued and the individual will be asked to reimburse those monthly payments made for the unverified semesters. ITEMS FOR DISCUSSION: Harvey Miller informed the Board that Sgt. Bill Cook was recently diagnosed as having heart disease. This was discovered during the City -sponsored physical. He is expected to be off work for a minimum of six months and we can anticipate that he will be requesting temporary disability status and possibly a disability retirement in the future. Harvey Miller reviewed the current health status of Loren Teggatz. He had previously been diagnosed as having heart disease. However, following tests at University Hospitals he was diagnosed as showing no signs of heart disease. On May 20, 1988, while on duty, he was involved in breaking up a fight and collapsed. He was taken to Mercy Hospital anddiagnosed as having heart disease. His personal physician, Dr. Bozek, has recommended that he be put on a disability pension. Rosemary Yitosh reported that an appointment has been scheduled for Loren at University Hospitals for review by the Physician Board of Examiners for determination of eligibility for a disability pension. There was discussion on how to proceed in setting guidelines regar- ding the types of investment instruments to be included in the retirement system investment portfolio. More specifically, the Board needs to decide whether they are interested in investing in equities. If investments are made in equities, it is apparent that the Board would need to hire an outside manager as City staff does not have the expertise nor the time to actively manage an equity/stock portfolio. The Board decided to have Kevin O'Malley, Asst. Finance Director, meet with them at their next meeting to discuss the different types of investment instruments which are available, to review the status of the current investment portfolio, including its current liquidity, and to proceed to set guidelines regarding investments. /0V MINUTES POLICE AND FIRE PENSION b RETIREMENT BOARDS MAY 31, 1988 PAGE 3 4. Harvey Miller discussed the need to update the Board's bylaws and written rules and regulations. The rules and regulations were last revised in 1982 and several sections are out of date. Rosemary Vitosh pointed out that Asst. City Attorney Bill Sueppel has been appointed to work with the Police and Fire Retirement Systems Boards and that he has had in drules and the City of Waterloo. AtitheeBoard''sftindirection, BillrSueppelons willith be invited to attend the Board's next meeting to discuss how to proceed on updating the bylaws and the rules and regulations. Rosemary Vitosh will send copies of the current bylaws and rules and regula- tions to the Board for review prior to the next meeting. In addi- tion, if Bill Sueppel can provide a sample of rules and regulations which he has drafted, these will also be provided to the Board. The meeting was adjourned at 3:45 P.M. N MINUTES PLANNING & ZONING COMMISSION FORMAL MEETING �•, • -,_ .., JULY 7, 1988 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Clark, Cook, Dierks, Hebert, Scott, Wallace MEMBERS ABSENT: Cooper STAFF PRESENT: Beagle, Boyle, Moen, Kritz CALL TO ORDER: Chairperson Scott called the meeting to order at 7:35 p.m. RECOMMENDATIONS TO CITY COUNCIL: 1. Recommend denial on an amendment to the 1983 Comprehensive Plan Update to change the land use classification of a 7.34 acre tract located in the northeast quadrant of Mormon Trek Boulevard and Benton Street intersection from Residential: 2-8 dwelling units/acre to Office Commercial. 2. Recommend approval of an amendment to Section 36-19(b) of the Zoning Ordinance to allow food lockers within the CC -2, Community Commercial Zone as a permitted use. 3. Recommend approval of a request submitted by Gay's Locker Company to rezone a 1.808 acre parcel located at 1421 Waterfront Drive from CI -1 to CC -2 (Z-8809). 4. Recommend approval of the proposal to redesignate the portion of Maiden Lane between Court Street and the north right-of-way line of Harrison Street as an alley with the condition that this right-of-way be paved and metered parking status be provided. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was no public discussion. CONSIDERATION OF MINUTES OF JUNE 16, 1988: Dierks wved to approve the minutes of June 16, 1988. Cook seconded the motion. The notion carried 6-0. OTHER BUSINESS: 1. V-8802. Public discussion of a request submitted by John R. Rummelhart, Jr. for vacation and disposition of a portion of Maiden Lane between Court Street and the north right-of-way line of Harrison Street. Moen reviewed the memorandum dated July 7, 1988. Moen pointed out that staff reiterates its recommendation to designate Maiden Lane as an alley 47 feet in width which will not /0 79 9 Planning & Zoning Commission July 7, 1988 Page 2 preclude the ability to provide parking within this right-of-way at a future time. John Rummelhart, 204 McLean, stated that he agrees with the staff recommendation and wished to thank the staff and Commission for their time and effort. Paul Dunlap, P.O. Box 2116, stated that he opposes closing, narrowing, or redesignating Maiden Lane because it impairs the value of the property existing along that right-of-way. Dunlap stated that the benefits quoted by staff are not equally attributed to both sides of Maiden Lane. Dunlap introduced an engineering survey of the area done by MMS Consultants dated July 1986 that indicates development currently existing along Maiden Lane. D.C. Woodson, 658 South Lucas, stated that he agrees with staff's recommendation and hopes that maintenance of the alley, if so designated, will be adequate. He encouraged the City to develop parking in this right-of-way. Hebert moved to reconsider the motion to redesignate Maiden Lane between Court and the north right-of-way line of Harrison Street as an alley. Cook seconded the motion. The motion carried 5-1, Clark voting nay. Clark stated that he feels that Mr. Dunlap has concerns that the Commission should address before coming to a decision on the redesig- nation of Maiden Lane as an alley. He felt that more time spent on weighing the pros and cons would not hurt in this situation. Clark mentioned that as the City Council intends to study the entire area around Maiden Lane, that it would be prudent for the Commission to wait until that study is finished. He also stated that he was concerned about the existing poor condition and current lack of maintenance of Maiden Lane and is concerned about future maintenance if, in fact, Maiden Lane is redesignated as an alley. Scott pointed out that there could be an amendment to the main motion. Clark moved to sand the main motion by conditioning approval upon of redesignation of iiaiden Lane as an alley upon paving the alley and providing striped parking stalls and metering. Cook seconded the motion. The motion carried 5-1, Hebert voting nay. The Dain nation carried 6-0. ZONING ITEMS: 3. Public discussion of an amendment to Section 36-19(b) of the Zoning Ordinance to food lockers within the CC -2, Community Commercial Zone as a permitted use. Beagle reviewed the memorandum dated June 30, 1988. He stressed that food lockers are establishments engaged in the storage of food products for individual households and do not include slaughter or rendering activities. Ancillary activities may include food 10 %% Planning & Zoning Commission July 7, 1988 Page 3 processing and preparation, but only as an accessory us to that of the food locker. Clark moved to recommend approval for amendment to Section 36-19(b) of the Zoning Ordinance to allow food lockers within the CC -2, Community Commercial Zone as a permitted use. Wallace seconded the nation. The motion carried 6-0. Z-8809. Public discussion of a request submitted by Gay's Locker Company to rezone a 1.808 acre parcel located at 1421 Waterfront Drive from CI -1 to CC -2. (45 -day limitation period: July 25, 1988.) Beagle reviewed the staff report dated July 7, 1988. Beagle concluded by saying that staff recommends approval of the request to rezone a 1.808 parcel located at 1421 Waterfront Drive from CI -1 to CC -2. Wallace inquired as to why the slaughterhouse is able to remain since it is a non -conforming use. Beagle replied that the slaughter operation is a non -conforming use being legally established prior to the adoption of the current Zoning Ordinance. The current ordinance no longer permits slaughterhouses in Iowa City. Since the slaughter- house portion was not destroyed in the fire, it may continue as a non -conforming use provided it is not enlarged or relocated on the lot. Dierks moved to approve Z-8809. Cook seconded the motion. Chair- person Scott noted that the Commission customarily requires two meetings for public discussion before approving a rezoning, however, Scott noted that the Planning and Zoning Commission will not be meeting in August and does not want to carry an item for too long of a period, especially in this case as there is no public opposition to the rezoning. Cook stated that he feels that the present non- conforming use statute does not effectively control non -conforming uses. Beagle replied that the staff and Commission will be discussing non -conforming use in depth at a later time. The motion carried 6-0. 5. Public hearing on an amendment to the 1983 Comprehensive Plan Update to change the land use classification of a 7.34 acre tract located in the northeast quadrant of the Mormon Trek Boulevard and Benton Street Intersection from Residential: 2-8 dwelling units/acre to Office Commercial. Beagle reported that the principal issue is the change to the Camp Plan. Beagle continued and said that this amendment would be a substantial shift in policy by allowing the encroachment of a community based commercial zone in an area designated for residential use. The retail service needs of the surrounding neighborhood have already been addressed by the designation of the CN -1 zone currently existing on the west side of Mormon Trek Boulevard. The proposed amendment would allow introduction of commercial uses that draw upon community wide patronage which is contrary to the residential policy for this area. IM Planning & Zoning Commission July 7, 1988 Page 4 Bill Happel, 510 S. Clinton, stated that he had nothing to add but was willing to answer any questions from the Commission. Happel continued and said that he believes that the proposed development is a positive use for the neighborhood. Happel said that he could support the development moving to the west side of Mormon Trek Boulevard in the CN -1 zoning area if Dr. Ahn wished to do so. Happel also stated he is not opposed to the present CN -1 zoning. Happel concluded by stating that he is withdrawing his rezoning request. Janet Williams, 2214 MacBride Drive, presented the Commission with a petition with 30 signature opposing the Comprehensive Plan amendment. S. Gethart, 8 Westgate, stated that she was concerned by the inter- spacing of residential neighborhoods with other uses such as multi- family and also submitted a petition of opposition to the Commission. Karen McClelland, 1919 Hafor Circle, submitted a petition opposing the rezoning to the Commission. Chairperson Scott noted that the petitions were duly received by the Commission. Allen Mista, 821 Spencer Drive, stated that he has written letters to each Commissioner stating his reasons for opposing any rezoning of the tract to other than RS -5. Alan continued and presented slides of the area for the information of the Commission. Daniel Bray, 732 Spencer Drive, stated that the neighbors were concerned about the encroachment of commercial uses into the neighborhood. Bray presented an overhead graphic that represented an option to the proposed development that would extend the residential neighborhood over the entire area. Cook moved to approve an amendment to the 1983 Comprehensive Plan Update to change the land use classification of a 7.34 acre tract from Residential: 2-8 dwelling units per acre to Office Commercial. Wallace seconded the motion. Cook stated that he was surprised by the strong opposition to the proposed development by the neighborhood because it wouldn't lower property values and not create any more traffic than if the area was developed for residential. Cook stated that as both the Comprehensive Plan and the neighborhood oppose a change in land use from residential to commercial for this area, that he will also oppose the amendment to the Comprehensive Plan. Wallace stated that she will also vote against the Comprehensive Plan amendment and feels that a commercial development should not be placed in an existing residential neighborhood. Clark stated that he felt the proposed development would be excellent for this area; however, as the neighborhood opposes the proposed development, he will vote against the amendment. Chairperson Scott stated that he feels that the change in land use designation is not a political decision, so popular support is not an appropriate decision criteria. Scott continued and said that the Commission should deal with the planning issues involved rather than the emotional aspects of an /079 Planning & Zoning Commission July 7, 1988 Page 5 1 i issue. Scott complimented both sides for their willingness to stay on track and discuss the issues and not emotion. Scott stated that he does not feel there is an urgent need for additional commercial { zoning to warrant such a radical change in the land use policy for the west side. Scott commented that in regard to other changes in the Comprehensive Plan, that most have dealt with development density and not changes in land use such a residential to commercial. Scott concluded by saying that for these reasons, he could not support the Comprehensive Plan amendment. The notion was defeated, 0-6. 6. Z-8808. Public discussion of a request submitted by William Happel to rezone a 7.34 acre parcel located in the northeast quadrant of the Mormon Trek Boulevard and Benton Street intersection from RS -5 to CO - 1. (45 -day limitation period: extended to July 7, 1988.) Bill Happel made a verbal withdrawal of his requested rezoning at the formal meeting of July 7, 1988. OTHER BUSINESS: 1. Planning and Zoning Commission information. Scott asked for staff assistance to define neighborhood, and revise and tighten up the definition of financial institution in the CN -1 zone, and review the definition of medical clinic to be compatible with the CN -1 zone. Dierks moved to adjourn the Meting. Wallace seconded the motion. The motion carried 6-0. The meeting was adjourned at 8:50 p.m. Minutes submitted by Kyle L. Kritz. i Approved by: Kenneth Cooper, Secretary I MINUTES RESOURCES CONSERVATION COMMISSION MAY 9, 1988 MEMBERS PRESENT: Moreland, Throgmorton, Wittig MEMBERS ABSENT: Pelsang, Duffy STAFF PRESENT: Schoenfelder CALL TO ORDER: The meeting was called to order at 7:30 p.m. by Moreland, Chair. APPROVAL OF MINUTES: Minutes of 4/11/88 were approved as submitted. PUBLIC AND MEMBER DISCUSSION: No general public in attendance. Throgmorton outlined the Charlie Williams presentation of April 25, 1988. COMMITTEE REPORTS: a. Waste -to -Energy The discussion focused on the type of work a U of I intern could do to support the RCC. The following three areas were identified: 1. Alternate economic scenarios of the 1986 Stanley Report. 2. Study and/or survey of community acceptance and attitudes for a Waste -to -Energy Facility in Iowa City. 3. Investigate source waste reduction strategies. b. Energy Conservation Week Four grade school posters were selected as the best student work representative of the Energy Conservation Week theme. The four selected were: 1. Horn School; 2nd Grade; Oglesby 2. Longfellow School; 4th Grade; Reynolds 3. Hoover School; 6th Grade; Herren-Wegman 4. Coralville Central; 5th 8 6th; Kent ELECTION OF OFFICERS: Postponed until next meeting in hopes all members are present. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:30 p.m. 100 R 1 r MINUTES SENIOR CENTER COMMISSION MAY 16, 1988 MEMBERS PRESENT: Jack Bock, Gerri Busse, Lorraine Dorfman, Emmett Evans, Dorothy Fiala, Bud Gode, Ruth Wagner MEMBERS ABSENT: Geri Hall, Jean Hood STAFF PRESENT: Bette Meisel, Joyce Phelps GUESTS PRESENT: Jackie Hess, Iva Hilleman, June Pieper, Council of Elders; Dorothy Cheng, graduate practicum student CALL TO ORDER/INTRODUCTIONS/PUBLIC DISCUSSION/MINUTES: Ruth Wagner called the meeting to order in the absence of Hall and Hood. She asked Emmett Evans, new Commissioner, to tell a little bit about his background. Evans said he had been a policeman for 23-1/2 years. After his retirement he worked in the Civil Defense Office. Evans said his wife had retired in January from University Hospitals where she worked in the Medicare sec- tion. They have two children. There was no public discussion. The minutes were approved with an addition regarding the Rose Project. COUNCIL OF ELDERS REPORT: Hilleman reported that they had $140 left in their budget. She said the Council had voted to hire Jeff Crawford to work for four hours at $5.00 an hour to help set up and take down for Older Americans' Day. Hilleman said the program and activities for May 17 were all set. Hilleman said Jackie Hess and June Pieper had been on the Dottie Ray Show talking about Older Americans' Day. Hilleman said there were 12 candidates running for the Council. They are: Bart Bernardini, Robert Berry, Kathlyn Bolken, Charles Fisher, Sylvia Grucza, Mary Anne Herdliska, Elaine and Walter Helm, Jo Hiner, Ken Muller, and Allen and Minnie Roth. Forty-five paid admissions had attended the last evening dance. Hilleman said she felt that attendance was good considering there was a free dance at the Eagles' Club at the same time. Hilleman reported Bernardini had located a dartboard for about $50 which would be installed in the game room soon. June Pieper, President of the Council of Elders, addressed the Commission about a letter she had written to Meisel on behalf of the volunteer Host/Guides. They were concerned about the safety of their purses while MINUTES SENIOR CENTER COMMISSION MAY. 16, 1988 PAGE 2 working at the Host/Guides desk. They were requesting a two -drawer file cabinet, or something similar, to be located near the desk and used as a safe repository for their purses during their work time. There was general discussion which included concerns such as crowding another piece of furniture in that small area, locating it in the storage closet under the stairway, whether it would be locked, and who would be responsible for the key. Meisel pointed out that there were lockers with locks available located in the restroom which might be used for that purpose. Dorfman suggested a locked file cabinet in the unlocked closet, but a question still remained where the key could be safely kept. Pieper said the Host/Guides felt strongly enough about the issue that a petition might be necessary. Gode, Bock and Busse expressed their feeling that it was needed, and Gode suggested obtaining a file cabinet from the County surplus. He said a call to Carol Peters would facilitate this. Dorfman moved that at the close of the meeting, the Senior Center Commis- sion members walk by the area, make a decision at their next Commission meeting, and in the meantime Senior Center staff will check on available file cabinets either from the County or some other source. Wagner sec- onded. The motion carried, all ayes. SENIOR CENTER UPDATE: Meisel passed out a new phone list and monthly statistics. She explained the statistics to Evans. Meisel announced that the Center had received a check for $10,000 from the Edwin Greene Estate. Meisel mentioned that clean-up day at the Senior Center had been more than moderately successful. Twenty-eight volunteers and five staff had washed and oiled all of the wood on the first floor and mezzanine including the dining room. In addition, all of the glass and brass had been cleaned. COST OF SENIOR CENTER PROGRAM: Meisel explained that the staff had met and they were upset, particularly Benz, about all of thetime spent on programs which ended up with "more speakers than audience." It was felt that the publicity in the Senior Center POST and relying on the Iowa City Press -Citizen for a small mention in the weekly calendar were not adequa a pu c y when attempting to atrract the families of older people. MINUTES I SENIOR CENTER COMMISSION MAY 16, 1988 PAGE 3 Meisel cited the recent three-part series on nursing homes as an example. Dorothy Cheng, practicum student, and Benz had worked very hard in order to secure knowledgeable program presenters, and the attendance had not been outstanding, rather it was moderate to poor. This was very disheart- ening. Cheng had gone to the Press -Citizen to obtain costs for a display ad for the final the purchase program h s such anadto see ifeiteaskedrove wouldhelp atte dance. Thispwould be a trial only - if it did not help, it would not be repeated. There was general discussion on this idea and on the "image" people have about the Senior Center and what role it may or may not play in their lives. There was discussion on various reasons they use or do not use the Center, and why they cone or do not come to special programs. Gode moved that if the Senior Center staff feels it is a worthy experi- ment, they should go ahead and buy whichever ad they chose. Dorfman seconded. The motion carried, all ayes. Meisel suggested that as the time was almost 5:00 p.m. that the remaining three items of the agenda be discussed at the next meeting in order for the Commission members to move downstairs and inspect the area for stor- age. Everyone agreed. The meeting adjourned at 4:53 p.m. Minutes prepared by Joyce Phelps, Senior Center Secretary. Minutes approved by Ruth Wagner, Senior Center Commission Secrtary. /OF/ 9 MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION WEDNESDAY, JUNE 22, 1988 - 5:15 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Justis, Hall, Patton, Detroit, Levey MEMBERS ABSENT: None STAFF PRESENT: Shaffer, Helling, Cerretti f i OTHERS PRESENT: John Forrest, Marjorie Strait, John Hess, Linda Waler, a Chuck Scott, Dan Daly and Megan, Stephen Cree, Blough ) RECOMMENDATIONS TO COUNCIL: 4 The BTC recommends that Council authorize the spending of up to $4,000 from the cable TV budget to hire a consultant. The consultant will facilitate the development of the RFP and an evaluation of the RFP responses in regards to the NPO. i SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: I Justis received a 25 -page evaluation report of community programming by the Center of Social Justice and John Wilder. The report has been turned i over to legal and after further study, discussion will occur at next meeting. The Triannual Review Report will be completed for approval at the July BTC meeting. The NPO/access subcommittee has discussed the need for a consultant(s) to help do the legwork, such as developing an RFP and an RFP evaluation process. Pros and cons were expressed in response to this from the Commissioners along with the public. Shaffer reported six cable -related complaints this month. Blough reported descrambler failures experienced by subscribers are possibly due to the high temps. MEETING CALLED TO ORDER: Meeting was called to order at 5:15 p.m. APPROVE BTC MINUTES: Moved by Hall, seconded by Patton, to approve the April and May 1988 BTC meeting minutes. Unanimously approved with Levey name correction. ANNOUNCEMENTS OF COMMISSIONERS: It was brought up by Paul LeValley that Detroit might want to abstain from voting on any matter pertaining to public access since she may benefit financially from some access related matters. Detroit said her cable - casting of programs on access channels is voluntary, so conditions of grant are met by her video productions. Distribution has nothing to do with her grant funding. Justis received a 25 -page copy of an evaluation report of community programming and the CPC by the Center of Social Justice, dated June 13 by John Wilder. Copies have been made available to some staff members but have not been received by all Commissioners as of yet. He expressed points of major concern, the first being himself named as responsible /08�- Broadband Telecommunications Commission June 22, 1988 Page 2 respondent for the CPC because Mr. LeValley is leaving in one week. Justis noted he is not connected to the CPC in any formal way. Shaffer added that the report has been turned over to legal and Bill Sueppel in legal is in the process of reviewing the report. Justis suggested waiting until a response from legal is received before discussing the matters brought up in the report. John Wilder responded that the report is a confidential one and normal procedure allows 30 days for response (which would be July 13). If more time is needed, he foresaw no problem as long as he was informed of BTC meeting schedules. This report will appear on the next meeting's agenda along with notifying the legal staff in case they want to add a preliminary report for the next meeting. SHORT PUBLIC ANNOUNCEMENTS: Justis announced John Hess is the replacement for Paul LeValley of Heritage and welcomed him. Hess will be the new Community Programming Director. TRIANNUAL REVIEW REPORT: Shaffer stated this report is almost finalized. An introduction by Twaler has been added to the report and is in the typing stage at this time. Hall, prior to meeting, assisted Shaffer in some corrections to the Service Report. Justis noted confusion on page 10 "above." Shaffer noted and agreed. by the next meeting. NPO DISCUSSION: referring to the misuse of the word The report will be ready for approval Detroit and Levey comprised a subcommittee for the NPO to develop stan- dards for RFP. Detroit met with Richard Brass, consultant. It's likely that they will be asking for assistance by a consultant and someone with direct experience with cable companies. Detroit and Levey compiled a three-page list of points of information for the RFP in order to help with legwork. Levey suggested advertising in the Press -Citizen with information of what the NPO is going to be, including RFP related material. She believes this could be one way to reach more public groups. Advertising in newspapers is one way to reach as many people as possible and let them know of the upcoming proposed NPO and changes in access, if any. Detroit asked Hess to supply an inventory list of access equipment in the CPC; when items were purchased by the CPC; and what will stay when the management is transferred. Also, information concerning the lease for the CPC space was requested. Broadband Telecommunications Commission June 22, 1988 Page 3 Detroit commented that she and Levey were hoping that by next month a rough timelime could be ready in order to give the BTC an idea of how NPO related matters could progress over the next few months. Hall asked if other RFPs could be looked at. This way, perhaps less dollars would be spent. Detroit responded that someone like Sue Buske, consultant, who has previous experience with NPOs, would be able to add viable information to the BTC. Detroit commented that the NPO idea may be able to support itself either by user fees, grants or both - so as to be independent of Council dollars in 1994. This may mean a large sum of money may need to be invested initially. Justis expressed concern with the dollar figures involved with the consultant. He reminded everyone that the commission only recommends to the City Council. Dan Daly, on behalf of Access Iowa City and other citizens, would appreciate it if action could be taken quickly on the NPO matter. The franchise is quickly running out and with it a chance to use the existing money to establish an NPO. Hall .asked Shaffer if there was any money available for a consultant and if they needed to ask Council to spend dollars for a consultant. Shaffer responded the BTC would have to make a recommendation for a budget amendment to Council. Helling reinforced Shaffer's statement. Detroit asked when information is needed by Council for possible approval. Helling responded by saying July 6 for the following Council meeting. Shaffer reminded Detroit that if the report was submitted by July 6 to the Council, it wouldn't have been approved by the Commission as of yet. Detroit asked if the Commission would be comfortable giving the go ahead at this point before the next BTC meeting. Detroit explained one consultant's estimate. She estimated the total figure at $2,000-$3,000, but no more than $4,000. Shaffer agreed that using a consultant seems to be the best approach. Detroit proposed the NPO subcommittee send a memo to Council that the BTC is leaning towards developing either a bid or an RFP and would like approval to spend up to $4,000 from the cable budget on a consultant. She would be willing to appear before Council in support of this concept. Justis moved that a member of the subcommittee representing the Commission appear before the City Council, letting them know the intentions of the Commission regarding the NPO and the consultant fees. Seconded by Patton. Unanimously approved by all. Also, the NPO issue will be added to the BTC agenda for next month. r_ Broadband Telecommunications Commission June 22, 1988 Page 4 ARCHIVE SUBCOMMITTEE: None. BTS REPORT: Shaffer introduced two new staff members to the BTC. Joyce Cerretti and Mr. Brett Gordon. He reported six complaints over the last month, one of which has been forwarded to the Legal Department dealing with cable rate changes. Another dealt with the cost of cable burial. There was another complaint about the absence of tornado warnings on cable TV on Mother's Day. A Channel 26 producer complained about variations of levels during the broadcasting of his program and the CPC staff being unwilling to correct these variations. Blough offered to assist in this problem. CPC QUARTERLY REPORT: Will be given in July, 1988 BTC meeting. HERITAGE REPORT: Blough welcomed John Hess. He also commented on how busy Heritage staff has been due to descrambler failures and the heat. Problems with inter- ference with Quad City's station are being taken care of. Blough replied to a question about the status of KRCR. He responded by stating they are technically substandard and the FCC has shut them down in the past. He may draft a letter to KRCR threatening to discontinue service on Heritage Cable unless they improve their quality. VIDEO FOR SPECIAL NEEDS REPORT: Strait reported the survey this subcommittee has been working on should be sent out soon. OTHER PUBLIC DISCUSSION: None. EXECUTIVE SESSION: Moved by Patton that the BTC go into executive session, as outlined in the Iowa open meetings law, Section 21.5, to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Seconded by Levey. Unanimously approved. _ /p S°2` Broadband Telecommunications Commission June 22, 1988 Page 5 ADJOURNMENT: Moved by Patton, seconded by Levey to adjourn. Unanimously approved. Adjournment at 6:30 p.m. Respectfully submitted, I - f I Drew Shaffer I i i �08� I MINUTES IOWA CITY MUNICIPAL AIRPORT COMMISSION MAY 18, 1988 MEMBERS PRESENT: Ashby, Blum, Foster, Ockenfels, Lewis STAFF PRESENT: Zehr, Sylvia Steinbach GUEST PRESENT: William Freyburger Chairman Ashby called the meeting to order at 7:00 p.m., and welcomed William Freyburger, candidate for the position of Airport Operations Manager. Ashby proceeded with a series of questions designed to ascertain the background and experience of the candidate as they pertain to the requirements of the position. Freyburger responded to questions about his experience in the maintenance of buildings, groundskeeping, operation and maintenance of heavy equipment, snow removal, servicing of mechanical equipment, and administration of an airport. There was general discussion about the function and operation of the airport. Freyburger said he is very interested in the job and would want to give his present employer two weeks notice of termination. There was no Executive Session. The meeting was adjourned by motion. Recorder: Priscilla Wright /083 A MINUTES IOWA CITY MUNICIPAL AIRPORT COMMISSION May 24, 1988 MEMBERS PRESENT: Ashby, Foster, Ockenfels, Lewis MEMBER ABSENT: Blum STAFF PRESENT: Wright, Sylvia Steinbach GUEST PRESENT: Charles Dunlap Chairman Ashby called the meeting to order at 7:00 p.m. Attendance and guest were noted. Ashby welcomed Mr. Dunlap, who was present to be interviewed for the Operating Manager position at the airport, and introduced the members and staff. He asked Dunlap to feel at ease and to answer a series of questions which were prepared to ascertain the extent of his background and experience as they pertain to the requirements of the job. He further explained some of those requirements. Mr. Dunlap answered all questions. Other members of the commission expanded upon some of the items discussed. There was no executive session. Mr. Dunlap left the meeting, and it was adjourned by motion at 8:40 p.m. Recorder: Priscilla Wright /08.3 MINUTES IOWA CITY MUNICIPAL AIRPORT COMMISSION May 25, 1988 MEMBERS PRESENT: Ashby, Lewis, Foster, Ockenfels, Blum (Blum was present for the second session) STAFF PRESENT: Wright, Steinbach GUESTS PRESENT: Garry Letts (First Session) Kevin Reaves (Second Session) Chairman Ashby opened the meeting at 7:05 p.m. He welcomed Gary Letts, candidate for the position of Airport Operating Manager, and introduced the others present. Ashby then proceeded with the standard interview questions regarding the candidate's background and experience in the areas pertinent to the Operating Manager's position. Mr. Letts distributed a packet to each member containing his resume and samples of airport promotion work he has done in the past, to which he referred several times during the course of his responses. The interview being concluded, Mr. Letts departed the meeting and it was recessed at 7:55 p.m. Ashby reopened the meeting at 8:30 p.m. with Kevin Gleaves and Dick Blum present. Ashby addressed the standard series of questions to Mr. Gleaves and the responses were carefully noted by the members. There was no Executive Session. The meeting was adjourned by motion at 9:00 p.m. Recorder: Priscilla Wright / O- I MINUTES IOWA CITY MUNICIPAL AIRPORT COMMISSION May 26, 1988 MEMBERS PRESENT: Ashby, Foster, Blum, Lewis, Ockenfels STAFF PRESENT: Wright, Steinbach, Sueppel, Zehr GUESTS PRESENT: Ron Kahler (First Session) Ron O'Neil (Second Session) Chairman Ashby opened the meeting at 7:05 p.m. He welcomed Ron Kahler, candidate for the Airport Operating Manager position, and introduced everyone present. Ashby proceeded with the standard set of interview questions. Mr. Kahler showed some pictures of buildings for which he had done electrical and landscaping work, and also samples of some blue prints which he had prepared for various projects. Ashby thanked the candidate for his time and interest, and the meeting was recessed by motion at 7:35 p.m. Chairman Ashby reconvened the meeting at 8:15 p.m., with Fred Zehr and Ron O'Neil present. O'Neil was introduced to those present. He voluntarily waved his previous request for a closed meeting. Ashby addressed the standard set of questions to the candidate. O'Neil's responses were noted by the members. He left a manual, "Housing Inspection Handbook," which he said he had compiled as part of his current employment because it was needed. The interview was concluded and another brief recess was declared by motion at 9:20 p.m. The meeting reconvened at 9:25 p.m. The qualifications and expectations of each candidate for the position of Airport Operating Manager were discussed, in the order in which they were interviewed. Zehr contributed his opinion of the qualifications that will be needed in the next few years. It was decided to call another special meeting of the Commission for Thursday, June 2, at 7:00 p.m., at which time an Airport Operating Manager will be selected. The meeting was adjourned by motion at 9:55 p.m. Recorder: Priscilla Wright /6S3 MINUTES IOWA CITY MUNICIPAL AIRPORT COMMISSION JUNE 2, 1988 MEMBERS PRESENT: Ashby, Foster, Blum, Lewis, Ockenfels STAFF PRESENT: Zehr, Sueppel, Wright GUEST PRESENT: Ron O'Neil Ashby called the meeting to order at 7:10 p.m. Attendance and guests were noted. MANAGEMENT AND MAINTENANCE ISSUES: Ashby called for a report from the committee appointed to review the final applicants for the Airport Operating Manager position. Blum reported the committee would recommend Ron O'Neil, at an annual salary of $25,000. They recommended a nine-month probation period, with a performance and salary review at the end of that time. The committee found the position to be clearly an employee of the Airport Commission and not the City of Iowa •, City. It was moved by Blum and seconded by Foster to offer the position to Ron O'Neil; all members voted aye. There was discussion with O'Neil concerning transfer of benefits and other details of employement. O'Neil accepted the offer and was congratulated by all present. It was stipulated that a letter of agreement would be written and signed. COMMISSION MEMBERS AND PUBLIC INFORMATION AND INPUT: Lewis announced the VFW organization will hold its annual cleanup of Old Jet on June 4. Foster thanked Commissioner Lewis for all the hours of hard work which he. contributed toward the operation of the airport during the interim between managers. It was agreed to send a letter of appreciation to the Iowa City Personnel Department for their assistance in the search for the new manager, and also to the Parks and Recreation Department for sending a mowing crew to the airport. It was decided the next regular meeting would be held on June 21st at 7:00 p.m. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. RECORDER: Priscilla Wright /4 83 6