HomeMy WebLinkAbout1988-11-15 Bd Comm. minutesDRAFT
MINUTES
FORMAL MEETING
PLANNING 8 ZONING COMMISSION
NOVEMBER 3, 1988 - 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Clark, Cook, Cooper, Dierks, Hebert, Scott, Wallace
MEMBERS ABSENT: None
STAFF PRESENT: Beagle, Boyle, Kritz
CALL TO ORDER:
Chairperson Scott called the meeting to order at 7:35 p.m.
RECOMMENDATIONS TO CITv COUNCIL:
1. Recommend approval of an amendment to the 1983 Comprehensive Plan
Update to change the land use classification of a 16.95 acre parcel
southeast of Highway 1 North between Dubuque Road and Hickory Hill
Park from Residential: 2-8 dwelling units per acre to Office,
Research and Development Center.
2. Recommend denial of a motion to require the Press -Citizen to pay for
the extension of a sanitary sewer line running north through their
property to a point on the highway.
3. Recommend approval of Z-8811, a request submitted by the Iowa City
Press -Citizen to rezone a 16.95 acre parcel located southeast of
Highway 1 North between Dubuque Road and Hickory Hill Park from RS -5
to RDP contingent upon:
A. The site be developed in accordance with the Iowa City Press -
Citizen Development Standards and Conceptual Master Plan which
includes a Signage Plan, Site -Section Plan, Building Elevation
Plan, Perspective Plan and Concept Plan for Driveway Entrance,
as required by the RDP Zone.
B. Submission and approval of a grading and erosion control plan
prior to any site preparation work.
C. Submission of a legal description and deed for a 40 -foot
dedication of right-of-way on Dubuque Road.
4. Recommend the City Council request the Iowa Department of Transporta-
tion lower the speed limit on Highway 1 North south of I-80 from 45
miles per hour to 35 miles per hour.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THF AGENDA:
None.
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Planning 6 Zoning Commission
November 3, 1988
Page 2
CONSIDERATION OF THE OCTOBER 20, 1988, MINUTES:
Wallace moved to approve the minutes of October 20, 1988. Cooper seconded
the motion. The motion carried 6-0, with Clark abstaining due to absence.
ZONING ITEMS:
1. Public hearing on an amendment to the 1983 Comprehensive Plan Update
to change the land use classification of a 16.95 acre parcel south-
east of Highway 1 North between Dubuque Road and Hickory Hill Park
from Residential: 2-8 dwelling units per acre to Office, Research
and Development Center.
And in conjunction therewith:
2. Z-8811. Public discussion of a request submitted by the Iowa City
Press -Citizen to rezone a 16.95 acre parcel located southeast of
Highway I North between Dubuque Road and Hickory Hill Park from RS -5,
Low Density Single -Family Residential Zone to RDP, Research Develop-
ment Park Zone. (45 -day limitation period: extended to November 3,
1988.)
Beagle reported that the Commission has received revised Development
Standards for the Press -Citizen development, and reviewed the major
changes as referenced in a memorandum dated November 2, 1988. Beagle
also referenced submission of a Concept Plan for Entrance Drive as
submitted by the applicant in response to the Commission. Beagle
pointed out that the plan provides for a 42 -foot wide entrance drive,
including two 12 -foot outbound lanes for separate left and right
turning movement. A 160 -foot deceleration -type lane with 100 -foot
taper will be provided to accommodate expeditious right hand turning
movements into the site. The side slope in the right-of-way opposite
the proposed entrance will be regraded to establish a 4:1 side slope
and thereby eliminate the need for the cable guardrail. These
changes, he said, are as requested by the Commission and are subject
to Iowa Department of Transportation approval. Beagle also alerted
the Commission to a letter received from Mr. Charles Eble.
Chairperson Scott reconvened the public hearing on the amendment to
the Comprehensive Plan Update at 7:46 p.m.
With no comments received, Chairperson Scott closed the public
hearing at 7:48 p.m.
Chairperson Scott opened public discussion on Z-8811 at 7:49 p.m.
Jim McCarragher, attorney for the Press -Citizen, addressed the issue
of extending a sanitary sewer by the Press -Citizen as a part of the
rezoning. He stated that from a legal standpoint, conditioning the
zoning approval upon the extension of the indicated sewer line across
the Press -Citizen property is not valid. McCarragher continued and
quoted from Section 32-55 of the subdivision regulations as concerned
sewer extensions associated with subdivision requests. McCarragher
stated that this section is not applicable to the Press -Citizen's
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Planning $ Zoning Commission
November 3, 1988
Page 3
development because, first, the Press -Citizen is not proposing a
subdivision but a rezoning. Second, even if the Press -Citizen were a
subdivision, only two lots would be created and the ordinance applies
to subdivisions involving three or more lots. McCarragher continued
and stated that private property should not be taken without compen-
sation unless done under the police powers. McCarragher presented
legal arguments based on constitutional, statutory and case law why
the City would be without authority to require the Press -Citizen to
extend the sewer as a part of the rezoning. McCarragher stated that
the Press -Citizen was willing to grant an easement to allow the
extension of the sewer, but should not have to pay for it.
McCarragher concluded his remarks by stating that the Press -Citizen
should not have to pay for a sewer line they will never use. If,
however, the Commission does decide that they must pay for the exten-
sion of the line, the Commission should also recommend that a tapping
fee ordinance be established so that anyone who, in the future, does
tap into the sewer line they should share in the cost.
John Clancy, 2003 North Dodge, stated that there was a traffic
problem related to volume and speed and that the Press -Citizen
development will exacerbate the problem. Clancy continued and said
that he hoped at least the traffic could be slowed and that decelera-
tion and acceleration lanes could be constructed for the driveway
entrance into Highway 1. Clancy concluded by saying that the
revisions presented tonight for the driveway intersection do not go
far enough toward remedying the traffic problems that will be created
by the Press -Citizen development.
Scott stated that the Commission was requesting that at least three
feet be added to the shoulder on the west side of Highway 1 as a
crushed rock surface and that the Iowa Department of Transportation
(IDOT) could make even stronger requirements concerning this inter-
section. Scott continued and stated that IDOT had informed the
Commission that with a 45 mile an hour speed limit, an approximate
515 -foot long deceleration lane would normally be required. Scott
noted that as IDOT will probably not recommend anything less than the
required length for a deceleration lane that anything the Commission
recommends such as the 160 -foot taper should not be called a
deceleration lane, but viewed as a method to improve the traffic flow
in the area.
Tom Milder, 1730 North Dodge, stated that he was concerned about
turning movements associated with the proposed access and mentioned
that a school bus does currently stop in that area.
Mary Stier, President and Publisher of the Press -Citizen, stated that
the Press -Citizen has responded to the Commission's questions and
concerns regarding this development and would be happy to answer any
other questions the Commission may have.
Chairperson Scott closed the public discussion on Z-8811 at 8:14 p.m.
Cook moved to approve an amendment to the 1983 Comprehensive Plan
Update to change the land use classification of a 16.95 acre parcel
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Planning 6 Zoning Commission
November 3, 1988
Page 4
southeast of Highway 1 North between Dubuque Road and Hickory Hill
Park from Residential (2-8 DU/A) to Office Research and Development
Center. Wallace seconded the motion. The motion was carried 6-1,
with Hebert voting nay.
Cook moved to approve a recommendation to the City Council to require
the Press -Citizen to pay for the extension of a sanitary sewer
through the southern half of their property. Wallace seconded the
motion.
Cook stated that he agrees with the Press -Citizen that they should
not have to pay for the extension of the sewer line since they are
not proposing a subdivision and won't now or ever use that sewer line
and hence he will vote against the motion. Cooper stated that he
agrees with the Press -Citizen and does not feel that they should have
to pay for the extension of the sanitary sewer and hence will vote
against the motion. Clark stated he feels that the extension of the
line is necessary and that the Press -Citizen should help pay for it.
Beagle noted that if this motion is not approved, it does not mean
that the sanitary sewer line could not be extended. Beagle pointed
out that if the land owners on the west side of Highway 1 did want to
hook up with the sewer system, they could share the cost of extending
it. Dierks asked whether there was another means for property owners
across Highway 1 to hook up with the sanitary sewer system. Beagle
replied that currently no, this is the only feasible way. Boyle
stated that he respectfully disagreed with the Press -Citizen's
attorney concerning the legality of the City requiring that the
Press -Citizen pay for the extension of the sanitary sewer line.
Boyle continued and said that while the Press -Citizen development is
not a subdivision, it does make it more difficult to extend that
sanitary sewer line just as a subdivision would after construction
has been finished and so the effect is similar to that of a
subdivision. Boyle also noted that while the Commission is not
required to extend the sewer line, they do have the authority.
Scott stated he intends to vote against the motion as he feels the
issue is one of fairness. Scott continued and said that the Press -
Citizen will not use the sewer now or in the future and should not be
required to pay for its extension. Clark stated that if the north-
west area develops, then there could be repercussions regarding this
decision as those people may not want to pay for the extension of the
sewer line, pointing out that the Press -Citizen development did not
have to. The motion was defeated, 2-5, with Clark and Hebert voting
in the affirmative.
Cooper moved to approve Z-8811 a request submitted by the Iowa City
Press -Citizen to rezone a 16.95 acre parcel located southeast of
Highway 1 North between Dubuque Road and Hickory Hill Park from RS -5
to RDP, contingent upon:
A. The site be developed in accordance with the Iowa City Press -
Citizen Development Standards and Conceptual Master Plan which
includes a Signage Plan, Site -Section Plan, Building Elevation
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Planning Q Zoning Commission
November 3, 1988
Page 5
Plan, Perspective Plan and Concept Plan for Driveway Entrance,
as required by the RDP Zone.
Submission and approval of a grading and erosion control plan
prior to any site preparation work.
Submission of a legal description and deed for a 40 -foot
dedication of right-of-way on Dubuque Road.
Cook seconded the motion. Wallace asked whether, assuming IDOT has a
problem with the removal of the guardrail on the west side of Highway
1, does not IDOT's authority supersede the City's authority. Boyle
replied that in this case, the motion on the floor includes a minimum
requirement the developer must meet for approval of his rezoning
request and that the City is within their rights to do so. Hebert
stated that he is very much in favor of the Press -Citizen's develop-
ment but is concerned about rezoning an area from RS -5 to a type of
manufacturing plant, especially when there are other areas in the
City zoned specifically for industries. Cook stated that the issue
on this item is a question of off-site effects created by on-site
development. Cook continued and said that the neighbors have
expressed concern over traffic and the Commission has responded by
first voicing their concerns and making recommendations to the Press -
Citizen to reduce the impact of traffic problems in the area. Cook
concluded by saying that the Press -Citizen has addressed those
concerns and hence will vote for the rezoning. Wallace stated that
at first she was opposed to the development, principally on the basis
of a zoning change from RS -5 to what she considers an industrial use.
Wallace concluded by saying that she feels that the traffic concerns
have been addressed and will vote in favor of the motion. Clark
stated that he also feels that changing the zoning is wrong because
people will move into an area based on its current zoning and expect
it to remain so, in this case RS -5. Clark continued and said that
given the conversation he has had with the neighbors and reviewing
the Press -Citizen's development plan, this development will actually
enhance the neighborhood as opposed to a subdivision being
constructed in the area. Clark concluded by saying that traffic
problems still exist but that the Press -Citizen development will not
by itself appreciably change that. Cooper stated that there is a
traffic problem but this is to a large extent due to the area in
question having a highway. Cooper continued and said that he hopes
that MOT will approve the recommendations forwarded by the Commis-
sion and that traffic impacts will be lessened by it. Cooper
concluded by saying that the Press -Citizen development will add
aesthetically to the area and will vote for the development. Scott
stated that he agrees with the Commission's comments so far and wants
to stress that the aesthetics associated with this development are
very positive, especially in light of the Commission's desire to
maintain an attractive entryway into Iowa City. Scott continued and
said that the development could not have been designed better in
terms of enhancing this particular entryway and that the development
was outstanding in terms of what the Commission has conceived of for
uses occupying the ORP area in town.
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Planning 6 Zoning Commission
November 3, 1988
Page 6
Scott concluded his remarks by saying that the Commission should be
commended for sticking to its views concerning the safety issues
brought up by this proposal and sticking to those views even though
experts did not support those views.
Roll call vote: Cook: yea, Cooper: yea, Dierks: yea, Herbert:
nay, Clark: yea, Scott: yea, Wallace: yea. The motion carried 6-
1, with Herbert voting nay.
Dierks moved to recommend to the City Council that the speed limit on
Highway 1 North south of I-80 be lowered from 45 miles per hour to 35
miles per hour. Wallace seconded the motion. The motion carried 7-
0.
3. Public discussion of an amendment to Section 36-58, off-street
parking requirements, for restaurants. Cooper moved to defer this
item to the November 17 meeting. Wallace seconded the motion. The
motion carried 7-0.
4. Public discussion of an amendment to the River Corridor Overlay Zone
of the Zoning Ordinance concerning the definition of "riverbanks."
Cooper moved to defer this item to the November 17 meeting. Wallace
seconded the motion. The motion carried 7-0.
OTHER RUSTNESS:
1. Planning and Zoning Commission information.
Scott reported that the Council has set a public hearing for the
Press -Citizen rezoning for November 15, 1988, and has held public
hearings on the Loos Street vacation and the University of Iowa
Community Credit Union's rezoning request. Scott continued and said
that the Council held a public hearing on the manufacturing uses in
commercial zones and the amendment to the sign ordinance allowing for
larger sign for highway commercial property near I-80.
Clark moved to adjourn the meeting. Cook seconded the motion. The motion
carried 7-0.
The meeting was adjourned at 8:56 p.m.
Minutes submitted by Kyle L. Kritz.
Minutes approved by:
Kenneth Cooper, Secretary
N
MINUTES
IOWA CITY PUBLIC LIBRARY
BOARD OF TRUSTEES
REGULAR MEETING
OCTOBER 27, 1988 - 4:00 P.M.
ADMINISTRATIVE CONFERENCE ROOM
MEMBERS PRESENT: Buchanan, Cox, Drum, Gelman, Reed, Summy, Swaim,
Willis
MEMBERS ABSENT: Pacha
STAFF PRESENT: Eggers, Craig, Lee, McGuire, Spaziani
OTHERS PRESENT: Ted Kron, FRIENDS Treasurer
Diane Adcock, Irene Clark, Theresa Jehlik, Marianne
Malinowski, Molly Yapp - Practicum students at the
Iowa City Public Library from the University of Iowa
School of Information and Library Science
CALL TO ORDER:
President Gelman called the meeting to order at 4:07 p.m.
APPROVAL OF MINUTES:
Minutes of the regular meeting of September 22, 1988, were approved with
one correction. On page three Cox asked that her name be removed from the
second sentence of paragraph one. Buchanan/Reed.
FINANCIAL REPORTS:
Eggers reviewed the following quarterly reports with the Board: First
Quarter Receipts FY89 as compared to FY88 and First Quarter Expenditures,
Eggers stated that fine income is up 20-25Y. for the first quarter and that
expenditures are as projected with only utility expenditures up slightly i
due to the extreme heat during the summer and early fall. The First
Quarter Gifts and Bequests Report will be included in the November Board
packet.
i
DISBURSEMENTS:
Disbursements for September, 1988 were approved. Cox/Swaim-
DIRECTOR'S REPORT:
1. The Gifts and Bequests Fund First Quarter Report will be presented at
the November meeting in a new format and with added clarity regarding
unencumbered funds.
I
2. The library is building a memorial fund for employee Shirley
Swartzendruber who died October 11. The memorial will be recorded on
a leaf of the library's Centennial Endowment Fund Tree in the
vestibule.
ALP
MINUTES
IOWA CITY PUBLIC LIBRARY
BOARD OF TRUSTEES
REGULAR MEETING
OCTOBER 27, 1988
PAGE 2
3. The library staff is very proud of winning the award for the top
fund-raising team in the 12th annual Hospice Road Races. The
traveling trophy will be on display in a safe but public area.
4. The meeting with area legislators is set for Monday, November 7, at
7:30 a.m. in Meeting Room A. We will mail each Trustee a reminder
letter which will summarize the issues related to the $100,000
resource sharing fund appropriated by the last legislature and to the
League of Municipalities legislative proposal about restructuring
library boards.
5. Negotiations with AFSCME, Local 183 began October 10. Eggers and
Beth Daly are the library representatives on the two negotiating
teams.
PRESIDENTS REPORT:
President Gelman had no report.
ANNOUNCEMENT FROM MEMBERS:
There were no announcements from members.
FRIENDS REPORT:
The "Let's Talk About It" LSCA -funded book discussion series will be held
on five evenings in April, 1989. Much of the preliminary work has been
done by Spaziani and Ellie Densen, FRIENDS Board member. Spaziani is in
the process of preparing a LSCA grant application for "Small Town Life,"
another in the "Let's Talk About It" book discussion series. The next
literary tour will take place in late May and early June, 1989 and will
include parts of France as well as southern England.
The next FRIENDS booksale is Saturday, October 29th, in the library's
garage.
FOUNDATION REPORT:
Eggers reported for the Foundation that two additional boulders have been
added to the Library's Endowment Fund plaque at the $10,000 level. One i
gift was given by the Holiday Inn and the other by a current Library Board
member and family. The Annual Fund mailing will go out next week.
I
The Board discussed and reviewed the draft Statement on Income
Requirements from the Centennial Endowment Fund in order to provide
direction to the Board of Directors of the Iowa City Public Library
Foundation. Item k3 on page two of the draft was revised to read, "3.
buying power is preserved through reinvestment of enough income as
reguired to compensate for inflation, and." The draft statement was
approved with this revision. Sumny/Swaim.
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MINUTES
IOWA CITY PUBLIC LIBRARY
BOARD OF TRUSTEES
REGULAR MEETING
OCTOBER 27, 1988
PAGE 3
The Board approved the revision to the By-laws of the Library Board of
Trustees with regard to Section 1. Regular Meeting. This revision states
that January through October the Regular Meeting will be held at 4:00 p.m.
on the fourth Thursday of the month in the Administrative Conference Room.
Eggers reviewed the FY89 First Quarter Report with the Board. The impact
of the return to full library hours is partially cloaking what appears to
be a possible 8%-9% increase in circulation this year. The first quarter
circulation total was 179,043. Because the first quarter is generally
about 24% of total circulation for the year, the library can expect to
check-out nearly 730,000 items this fiscal year. The number of library
cards issued in the first quarter is up 21% over the first quarter a year
ago. The increase is from children and older adults, not University of
Iowa students.
The Board reviewed the proposed FY9O library budget request and gave
direction to Eggers regarding additional items they felt should be
included in future budget projections now that the City encourages three-
year budget planning. The FY9O library budget request was approved by the
Board as amended. Cox/Buchanan.
The Board reviewed the library's Community Relations Policy as part of a
regular three-year review of all Library Board policies. The staff
recommended no changes to this policy and the Board approved this
i
recommendation. Drum/Buchanan.
The Board also reviewed the library's Cable TV Channel 20 Programming
Policy and approved the staff's recommendation that no changes be made at
this time. Summy/Swaim.
Board member Ellen Buchanan requested that a discussion of the Cable TV
Community Access Center and recent decision by the Cable Commission about
the operation of the Center be put on the November agenda.
The meeting adjourned at 6:00 p.m.
1450
3 gyp)
MINUTES
POLICE & FIRE RETIREMENT SYSTEM BOARDS - JOINT MEETING
TUESDAY, AUGUST 23, 1988
MEMBERS PRESENT: Duane Allison, Elmer Beckler, Larry Donner, Debra
Hansen, Nathan Hopkins, Matthew Johnson, Mary
McMurray, Thomas O'Brien and Rosemary Vitosh
MEMBERS ABSENT: Harvey Miller
GUESTS PRESENT: Loren Teggatz, Douglas Russell, Bill Sueppel, Ken
Stock, Kevin O'Malley
The meeting was called to order at 3:00 p.m. in the Library Meeting Room
B, Larry Donner presiding.
ITEMS APPROVED:
1. Minutes of the July 26, 1988, Joint Board meeting were approved
unanimously upon motion by O'Brien and second by Johnson.
2. Hearing on a request for an Accidental Disability Retirement for
Sergeant Loren Teggatz:
Vitosh was appointed temporary chair of the meeting while discussing
police retirement system items. It was pointed out that the Board
had received written reports from Dr. Campbell and Dr. Bozek
regarding follow-up diagnosis. A report just received from Dr. Gersh
regarding his examination and diagnosis was distributed to Board
members and they were given time to read through the report. (Duane
Allison and Ken Stock arrived 3:05.) Douglas Russell (attorney for
Loren Teggatz) reviewed Loren 's employment history and his recent
health situation. He also covered the diagnosis that had recently
been made and stated that Loren was requesting a full disability
retirement (accidental disability as opposed to ordinary disability).
The Police Retirement System Board went into executive session to
discuss the granting of a retirement at 3:15 p.m. At 3:25 p.m., the
Board returned to open session. O'Brien moved and Johnson seconded
the approval of an accidental disability retirement for Teggatz. The
motion was approved 5-1, Vitosh voting no.
3. Hearing on a request for accidental disability retirement for Police
Sergeant William Cook:
There was discussion on the report received from University Hospitals
following its examination. Allison moved and O'Brien seconded the
approval of an accidental disability retirement. The motion was
approved unanimously.
4. Hearing on a request for temporary disability status for Police
Officer Rick Kibbee and reinstatement of 376 hours of sick leave:
Hansen moved and Allison seconded the approval of the temporary
disability status and the reimbursement of sick leave. Approval was
unanimous.
I
Police & Fire Retirement System Boards
August 23, 1988
Page 2
5. (Donner now presiding.) Hearing on a request for accidental
disability retirement for Firefighter William Farmer:
The Board discussed the report which had been received from
University Hospitals following their examination. Hopkins moved and
Beckler seconded the approval of an accidental disability retirement.
The motion carried unanimously.
ITEMS FOR DISCUSSION:
1. Donner reviewed the status of the University Hospitals' examination
of Firefighter David Nielsen for a disability retirement. He is
scheduled for a two-day functional capacity evaluation on August 29
and 30, 1988.
2. Hopkins pointed out that the Board should encourage University
Hospitals to consolidate the scheduling of appointments for the
disability retirement candidates. In a recent incident, the
individual had spent a substantial amount of time and had even
brought his spouse, as requested, and was subsequently told that he
would have to return for another examination. It was obvious that
the spouse's presence was not needed and in this case the spouse had
been forced to take time off from work to be at the appointment.
Vitosh noted that she is aware of the situation and in the future on
any disabilities related to back problems, she will make every
attempt to have them consolidate the examinations. However, we
cannot control what examinations they will require and how they go
about scheduling those examinations.
3. O'Malley passed out the proposed questionnaire which would be
utilized in selecting an Investment Manager. He explained the reason
for using such a questionnaire and there was some discussion
regarding the scope of the services which would be required from an
investment manager. O'Malley then passed out a sample investment
policy and recommended the development of such a policy for the
Retirement Systems. It was decided that the Board would discuss both
the questionnaire and the policy at their September meeting.
4. Sueppel reviewed the revisions to the draft Rules of Procedure.
O'Brien moved and Allison seconded the approval of the Rules of
Procedure as drafted. The motion carried unanimously.
5. Sueppel reviewed the opinion which he had given Acting Police Chief
Stock regarding voting in a Board member's absence. Stock's question
was could he, as Acting Chief, attend the Board meeting and vote as
replacement for the Police Chief. The opinion stated that no Board
Member had the authority to appoint a replacement member in their
absence to participate in meetings and vote for them.
6. Vitosh reviewed the Annual Report for the Boards which will be
submitted to the City Council. A general consensus on the report's
contents was received.
Police & Fire Retirement System Boards
August 23, 1988
Page 3
7. Vitosh reported that the actuarial examination had been completed and
the actuary was in the process of correcting some typos on the
report. It is expected that the report will be ready for discussion
and review at the September Board meeting. The Actuary will be asked
to attend the meeting and review the report with the Board.
B. The Board requested that a report which included a detailed listing
of individual investments be sent to the Board.
Meeting adjourned at 4:20 p.m.
/Gs/
MINUTES
BOARD OF ADJUSTMENT
OCTOBER 12, 1988 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Messier, Pelton, Randall
MEMBERS ABSENT: Mask, Winegarden
STAFF PRESENT: Boothroy, Boyle, Franklin, Rockwell, Michel
CALL TO ORDER:
The meeting was called to order at 4:35 p.m.
CONSIDERATION OF THE AUGUST 10 1988 BOARD OF ADJUSTMENT MINUTES:
Messier moved to approve the August 10, 1988, minutes. Pelton seconded
The motion passed unanimously by a 3-0 vote.
APPEAL ITEM:
1.-8801. A public hearing on an appeal submitted by Dr. Bruce Sprague
of the decision of the City Building Official regarding the
commercial use of property located in the RM -12 zone at 332 North Van
Buren Street.
Rockwell reviewed the staff report dated October 12, 1988. Rockwell
also stated she had heard from two neighboring property owners, who
were concerned with the prospect of a new commercial use coming into
the neighborhood, but had no problem with the existing situation on
the Sprague property.
John Hayek. an attornnxreoresentina Dr. Soraaue, requested that
three items be incorporated into the record. These items included a
memorandum be
the background of the case, an affidavit from
Dr. Sherry, the current tenant at 332 N. Van Buren, and the property
deed dated June 1979.
Hayek's understanding was that the City takes the position that there
is no way at this time for Dr. Sprague to make the doctor's office a
conforming use. Dr. Sprague purchased the property in 1979 to go
into private practice. The property is located closed to Mercy
Hospital. Hayek stated that when Dr. Sprague bought this property,
he had checked into the zoning, which in 1979 permitted medical
clinics.
Dr. Sprague's use of the property for a doctor's office was open and
honest. It was advertised in the phone book and was listed with the
City Assessor as a commercial use and taxes were paid accordingly.
Some City official had inspected the building and required installa-
tion of fire extinguishers in the office area. Hayek stressed that
Sprague's not getting all the required permits should not make the
use of the building illegal. The use was clearly established.
�iGSiZ
Board of Adjustment
October 12, 1988
Page 2
Dr. Sprague's office was a legal use in the R-3 zone from 1979 until
1983, when the Zoning Ordinance changed. Hayek contended this was a
lawful use, regardless of whether all the permits were obtained.
Hayek stated that Sprague intended to comply with the City Ordinances
or Codes, but thought the penalty (vacating the medical clinic) was
too severe for not previously complying with technical requirements.
Hayek felt that this should have been brought to Dr. Sprague's
attention earlier and Sprague could have been punished at a level
commensurate with not being in compliance with the City ordinances.
The decision of the Board will definitely have an economic impact on
the property as it is marketed, because it will determine whether the
property can be sold including an office use or will have to revert
back to a residential use. People in the area don't seem to object
to the current use of the building. No apparent problems were
created by the medical clinic use in the residential neighborhood.
Hayek concluded that the City's position sets up traps for the unwary
and imposes too harsh a sanction.
Pelton asked if there were alternative solutions to resolve this
situation. Boothroy replied that the use had not been lawfully
established. There was really no provision in the Zoning Ordinance
that would allow recognition of an illegal use. Getting permits
involves more than acquiring pieces of paper. There was no apparent
effort to lawfully provide the required off-street parking, to
determine whether the Housing Code requirements were met, whether a
proper means of egress was provided for fire safety, and whether
other health and safety aspects of the Plumbing Code, Electrical
Code, etc. were met. These are all critical factors when a new use
is being established.
This case is a situation in which pone of the permits were applied
for. There was never any effort to lawfully establish the use nor
comply with the Zoning Code. The Zoning Code clearly states that
there is a required review process to determine whether you can
establish the use in a zone. If you comply with all the provisions
of the Zoning Code and building construction standards, a determina-
tion can be made concerning compliance with these requirements.
Pelton questioned whether it was Boothroy's position that there
really were no alternative remedies to this situation other than to
vacate the clinic. Boothroy replied there were no other alterna-
tives. Hayek concurred that the City's position was there was no way
to make the situation right. Dr. Sprague finds this position to be
very harsh and disagrees with it.
Hayek wanted to address the issue that there was no way to make the
issue right. Section 36-86(c) of the Zoning Ordinance states that a
Certificate of Occupancy may be obtained for non -conforming uses, and
applications for a Certificate of Occupancy for non -conforming uses
shall be accompanied by affidavits of proof that such non -conforming
uses were not established in violation of the Zoning Ordinance after
July 1962 and before December 1983. He stated that determining if
the use was lawful was one issue. Separate issues like paving the
/4,&L
Board of Adjustment
October 12, 1988
Page 3
parking lot, etc., were situations that could be dealt with. He
stated they were not asking for any exemptions from the City parking
requirements, but simply wanted the clinic to be considered a legal,
non -conforming use.
Pelton questioned whether the Board could only approve or deny the
appeal, or whether the Board could put conditions on the decision so
the appellant would have to bring the property into compliance with
the Code. Boyle stated the Board was being asked by the appellant to
reverse the decision made by the City Building Official; to rule that
this was a legal, non -conforming use. Approval of Sprague's request
would not mean that he would be excused from complying with all other
regulations. Pelton questioned if it would be appropriate for the
Board to place conditions on an approval of the appeal. Boyle
replied yes.
Boothroy replied that in regard to other alternatives, the use of the
first floor space, which is presently office, might be converted to
residential use because the property is located in a zone that allows
multi -family residential uses. In order to establish a lawful, non-
conforming use, all the Zoning Code requirements need to be met at
the time the use is being established. Evidence of compliance is a
Certificate of Occupancy. Boothroy stated that the City has
successfully appealed using this principle in similar cases. Randall
stated there was not agreement on whether the doctor's clinic was a
legally established use. However, it was a permitted use in the zone
in 1979 when Dr. Sprague began using the property as a medical
clinic.
Dr. Sprague, Bridgeport. Connecticut, stated he had picked a location
close to University Hospitals about nine years ago to go into private
practice in Iowa City. At that time, his main concern was finding a
building that met the zone requirements. He stated he was precluded
from setting up a clinic at Mercy Hospital. The building was offered
to him as an available office because it met all the zoning require-
ments and had parking available. Sprague stated because of his low
funds at that time, he thought it would be best to do the conversion
of the building himself. He didn't know about the Certificate of
Occupancy, permits, etc. and stated that he was not in the building
business and did not know that all of this was required.
Randall questioned if the present property could meet the parking
requirements. Boothroy stated he didn't know, however, he speculated
it would have a difficult time meeting the parking requirements.
Randall questioned how many parking spots were required. Boothroy
replied that it appeared, given current usage, that at least 12 would
be required. Randall questioned if there was any way they could put
12 parking spaces on the lot. Boothroy replied that he would
estimate six. Dr. Sprague stated the property consisted of two
separate lots. He felt that 12 parking spaces was an extreme
requirement. Sprague thought there were at least eight or nine
parking spaces available.
/4S;L
Board of Adjustment
October 12, 1988
Page 4
Randall stated one of the things the Board could do was to allow the
present use and to require that the building be brought up to all
current standards, in addition to considering the fees and penalties
to be assessed. Boothroy stated that at this time there were no fees
or penalties. No action had been filed. His office had only
indicated that there was an illegal use and that it had to be
vacated. He stated if the use was not vacated, the City could take
the case to court. There may be fines imposed then.
Pelton stated the real issues were finding an appropriate remedy and
resolving the question of equity. The punishment here seemed to be
quite harsh and inappropriate. Commercial use of the building had
not caused a major problem in the neighborhood over the past nine
years. He stated he would vote to sustain or approve the appeal, but
with certain conditions; the conditions including bringing the
property into current compliance with all applicable zoning codes
within the City and payment of the appropriate fees. Then a
Certificate of Occupancy should be issued so that the use can
continue.
Messier stated that he agreed and didn't feel that there was any
intent on Dr. Sprague's part to deceive anyone as to the use of the
property. Something was going to end up happening to this building
regardless of what the Board decided. He would prefer to see the
continued use of the building as it was today, provided that the
building was brought up to Code, as opposed to turning the building
into multiple residential housing.
Pelton moved that the Board approve the appeal by Dr. Bruce L.
Sprague of the decision of the City Building Official regarding the
commercial use of a property in the RM -12 zone at 332 North Van Buren
Street subject to the following conditions:
1. That the appellant apply for permits and pay fees to bring the
property at 332 North Van Buren Street into compliance with the
current Code.
2. That the appellant be given six months to comply with all
ordinance requirements.
Messier seconded the motion. The motion passed unanimously by a 3-0
vote.
Boothroy stated that under the Housing Code, his office didn't have
the flexibility to go up to six months. He wanted the Board to
understand that the six-month period applied just to the parking
requirements and not the other City codes. Boyle added that the
Board has no jurisdiction over the Housing Code or Building or
Electrical Codes, only over the Zoning Code.
2. SE -8819. A public hearing on an application submitted by James
Harris to reduce the side yard requirement in the RS -5 zone for
property located at 828 Rider Street.
/WJ_
Board of Adjustment
October 12, 1988
Page 5
Rockwell reviewed the staff report dated October 12, 1988, and
pointed out an error in the calculation stating that the reduction of
the side yard from five feet to three feet would be a 40% reduction,
a 60% reduction. Rockwell reported that neighboring property
owners to the west and south on Rider Street were strongly in favor
of Board approval of Mr. Harris's request.
Jim Harris, 828 Rider Street, concurred with the staff report. He
stated that his property, Lot 2, is shorter in length than most
neighboring lots. He had considered buying the five foot side yard
from the adjacent neighbor; however, this would make the adjacent
neighbor non -conforming. He stated the most practical place to put
the garage was where he proposed to place it on the lot. He also
stated he had put an addition onto the back of his house and had
invested a lot of money into upgrading the property. He stated he
objected to the staff's recommendation of putting the garage in the
back yard because he felt this was impractical. The other houses in
the neighborhood had garages built within five feet of the lot line
so he would actually be conforming with the prevailing nature of
neighborhood. He also stated that his neighbors were in favor of the
proposed special exception.
Randall questioned if the Lot 1 garage was on the lot line and Harris
replied yes. Harris presented photographs of the area showing where
the garages were located in relation to the lot line. Pelton said
that the garage location as proposed by the applicant would not
change the environment of the neighborhood as the staff report had
pointed out. He felt that locating the garage in the middle of the
back yard would really mess up the back yard. Messier stated he
agreed. Although he understood staff's position, he didn't see any
problems this proposal would pose for the neighborhood.
Messier moved to approve a request submitted by James Harris to
reduce the side yard requirement in the RS -5 zone from five feet to
three feet along the 31' length of the garage proposed to be
constructed as shown on the site plan dated 8-4-88 for property
located at 828 Rider Street. Pelton seconded the motion. The motion
unanimously by a 3-0 vote.
2. SE -8820. A public hearing on an application submitted by Gaylord
Container Company for Harold and Carolyn Dickey to establish a light
manufacturing use in the CI -i zone for property located at 1213 South
Gilbert Court.
Franklin reviewed the staff report dated October 12, 1988, and stated
that there had been no objections from neighbors. Randall questioned
the number of square feet allocated to each use. Franklin replied
that the warehouse use would comprise approximately 4,000 square
feet, the office use 250 square feet and the manufacturing use 15,000
square feet. Staff recommended that the special exception requested
to establish 15,000 square feet of manufacturing by Gaylord Container
Corporation at 1213 South Gilbert Court be approved subject to
submittal of performance standards certification.
*4S
Board of Adjustment
October 12, 1988
Page 6
Randall questioned the number of truck bays shown on the architect's
drawing. Franklin stated that the engineer has a diagram which only
shows one dock door and she presented this drawing to the Board.
Randall expressed concern about the amount of dust created by the
cardboard cutting and fabrication and Franklin replied that the
building would have to meet all -the air quality standards in the
Zoning Code.
Tom Werderetsch Selzer Construction Company, stated that he was an
adjacent property owner and that he had no concerns with the request
being made.
Pelton moved to approve the special exception requested by Gaylord
Container Company for Harold and Carolyn Dickey to establish 15,000
square feet of light manufacturing in the CI -1 zone for property
located at 1213 South Gilbert Court. Messier seconded the motion.
The motion passed unanimously by a 3-0 vote.
The meeting adjourned at 5:30 p.m.
Minutes submitted by Greg Michel.
Robert Randall, Chairperson
Ka n Frank in, Secretary
/G5•Z-
G
MINUTES
PARKS AND RECREATION COMMISSION
OCTOBER 12, 1988
MEMBERS PRESENT: Dotson, Henry, Hradek, Malloy, Steinbrech,
Watson, Weideman, Willis
MEMBERS ABSENT: Hesse
STAFF PRESENT: Ertz, Howell, Kriz, McNamara, Moran, Trueblood
GUESTS PRESENT: Charlie Ruppert
FORMAL ACTION
The minutes of the meeting held September
TAKEN:
14, 1988, were unanimously approved.
PROPOSED PARK/
The commission discussed what they would like
SPORTS COMPLEX:
to see done with the proposed park/sports
complex adjacent to the new sewage treatment
facility; e.g., soccer fields, softball
diamonds, natural area. The commission
reviewed program statements which had been
prepared by Mike Moran and Rick Ertz, Terry
Trueblood, and Craig Willis. It was decided
to use portions of each statement in drafting
the final program statement. Trueblood
stated staff would complete this and forward
a copy to each commission member for their
review.
1988 GOALS:
The goals which were set for 1988 were
reviewed. All goals had been attained except
for review of the master plan of the Parks
and Recreation Department, meeting with the
City Council during an informal session and
improving contact with the public (although
a letter to the citizens from the commission
chair has been initiated in the department
brochures). John Watson, who initially
suggested reviewing the master plan, stated
that the main objective was to initiate a
long range planning process, i.e. where is
city going to grow; what activities/sports
may be popular in the future and what we
should be doing at the present time. Willis
suggested building a workshop around this.
In discussing this, Watson indicated he had
some experience, and said he could assist
the commission in getting started, but would
prefer not to attempt an entire workshop.
Z Z -5
b
Trueblood indicated he would talk with the
City Manager about it, to get his feelings
and any suggestions he might have. As far
as improving contact with the public, Willis
stated the impetus is not only to receive
public input into the planning process, but
also to build a constituency. In the past,
a newsletter had been suggested. Steinbrech
noted that another way would be to give brief
presentations at meetings of various
organizations and groups. Steinbrech
suggested that the issue of how to build a
constituency be placed on an upcoming agenda.
PARKLAND Hradek reviewed various open space areas she
COMMITTEE: had observed; a triangular-shaped parcel owned
by the City at the intersection of Market
and Evans; land owned by Carl Chadek in the
vicinity of Friendship, 4th and 5th Avenue;
and a parcel across from the Harrison Hill
Park. A business is presently located on
the Chadek property, but Hradek noted there
may not always be a business on this parcel.
Trueblood stated that he thought the parcel
across from the Harrison Hill Park had been
owned by CDBG but was sold, and part of the
proceeds supplemented the development of
Harrison Hill Park. She also noted various
areas where there are parking lots now that
may not be so in the future. These areas
could be used for other expansion or parkland
in the inner city.
It was noted that Malloy will not be
designated as the School Board representative
on the Planning and Zoning Commission, but
she would act as the Parks and Recreation
Commission representative. Malloy attended
a meeting where the comprehensive plan was
being reviewed. It was noted that during
this meeting a city staff person made a
statement that the City of Iowa City would
not be able to maintain additional park space.
The commission felt it should have
representation at these meetings and asked
to be informed as to the dates and times of
upcoming meetings.
-2-
I
RIVERFRONT Hradek reported that the Riverfront Commission
COMMISSION: noted that the Crandic Railroad has a supply
of railroad ties and asked if the Parks and
Recreation Department might be interested
in obtaining some. Hradek encouraged members
to review Resolution 85-85, which adopted
the urban environment policies as an addendum
to the 1983 comprehensive plan update. A
copy of this resolution will be sent to
commission members.
John Watson, on behalf of John Remmert of
the Iowa City Kickers Association, extended
gratitude to the Parks Division for the work
they did on soccer field #2 at Willow Creek
Park. He noted that Mr. Remmert indicated
there were gopher holes in field #1 that
needed to be taken care of also.
Steinbrech noted how well Harrison Hill Park
looked and encouraged commission members to
visit it.
Charlie Ruppert addressed the commission
regarding the series of meetings which were
being held to review the comprehensive plan,
and stated he felt the Parks and Recreation
Commission should be attending same.
DIRECTOR'S Trueblood reported on the following:
REPORT:
Mike Moran was elected to the Board of
Directors of the Council of Affiliate
Presidents, a section of the National
Recreation and Park Association.
Budget: The schedule for the FY90-92 budget
has been received. Trueblood noted the
proposed budget needed to be submitted prior
to the commission's next meeting. Budget
information will be sent to the commission
members, and will be discussed at next month's
meeting.
Iowa Games: Iowa City has been invited to
bid on hosting the Iowa Games. Bid
information was sent out to various
communities. Trueblood noted there were some
very strict requirements. Staff is presently
reviewing this with the University of Iowa.
ADJOURNMENT: Moved by Willis, seconded by Weideman, to
adjourn (8:00 p.m.). Unanimous.
-3-
ii is
/0-A-7
A
MINUTES
HUMAN RIGHTS COMMISSION
AUGUST 29, 1988 - 6:30 P.M.
SENIOR CENTER CLASSROOM
MEMBERS PRESENT: Rosalie Reed, Chia-Hsing Lu, Harold Weilbrenner, Fred
Mims, Terry Powell, Ray Haines, Lois Smithart
MEMBERS ABSENT: Haywood Belle, Anthony Haughton
GUEST PRESENT: Butch Devine, Mediator, Conciliator for the Office of
Iowa Civil Rights Commission
STAFF PRESENT: Dale Helling, Ruby Abebe
I. Call to Order
The meeting was called to order by Rosalie Reed, Chairperson.
II. Selection of Next Meeting
Date: September 26, 1988
Place: Senior Center Classroom
Time: 7:00 p.m.
III. Approval of Minutes of July 26, 1988:
Ray Haines moved to approve the minutes of July 26, 1988. Seconded
by Terry Powell. Motion carried.
IV. Recognition of Public and News Media:
Butch Devine, Iowa Civil Rights Conciliation Specialist, was
present. He is in charge of the Conciliation Training for the
Commissioners after the meeting.
V. Community Education:
See VIII.B.
VI. Report of the Commissioners:
Terry Powell was the hostess for our guest speaker, Butch Devine.
Terry Powell, on behalf of the Iowa City Human Rights Commission,
took Butch Devine to dinner.
Chia-Hsing Lu went to Maxi's. They still have Ladies' Night. He
inquired if they knew it was wrong and the management responded
that they (Maxi's Bar) knew the Iowa Civil Rights Commission was
against it. They (Maxi's Bar) do not advertise and they don't
think its illegal.
A
Human Rights Commission
August 29, 1988
Page 2
VII. Old Business:
A. Ladies' Night
There is no proof that the letters went out. It was discussed
as to whether a letter should be sent out. It was suggested
by Rosalie Reed that we sent the letters, then drop the issue.
Ray Haines asked "Why send the letter about Ladies' Night out
to all the bars if we're going to drop it? Why raise the
issue and then drop it?" Harold Weilbrenner said it's "wishy
washy anyway. Baseball is discrimination, but for basketball
it's okay. For pro -basketball you can have Ladies' Night.
For baseball you cannot and that is what the courts have
ordered. Is it an issue worth dealing with?" Terry Powell
said "then we run around with such things as senior citizens'
discounts because you're over 62, children's half-price or
$1.00 off at theaters. The theaters are trying to encourage
families to come." Rosalie Reed: "If a citizen wants to file
a complaint, we will investigate it; but the Commission itself
will not go out and file a complaint as a Commission on the
bars." It was moved by Harold Weilbrenner that we no longer
work on Ladies' Night. It was seconded by Chia-Hsing Lu.
Motion carried.
B. Annual Awards Breakfast
Nomination letters were handed out. Commissioners can also
nominate. Mailings will be sent out by Wednesday. Holiday
Inn will provide seating arrangements for 80-100.
C. Conciliation Timetable
Commitment was made by the Commissioners to speed up concilia-
tion to assist cutting the backlog.
VIII. New Business:
A. Would like updated laws from BNA Legal Digest.
B. Committees were set up and the chairs are as follows:
Co=ission Training: Setting up training for Iowa City Human
Rights Commission and to train them in their specially needed
areas. Harold Weilbrenner, Chair.
Comission Presenter: Presentation by the Commission should
be consistent and agreeable amongst all the Commissioners. A
packet as well as presentation will be set up. Ray Haines,
Chair.
HUD Van: The Fair Housing Van will be in the Iowa City area
September 12 and 13, 1988. Vocation and public relations.
Fred Mims, Chair.
'I"lle
I
Human Rights Commission
August 29, 1988
Page 3
HUD Mandatory Training: It is required that we have 4-5
Commissioners/staff in training to fulfill our obligation with
HUD. We have decided to set up our training session. Terry
Smithart, Chair.
Civil Tongue: Television show covering human rights - human
issues. Tony Haughton and Terry Powell, Co -Chairs.
Civil Writes: News publication sent out quarterly. Chia-
Hsing Lu and Haywood Belle, Co -Chairs.
Conciliation: Rosalie Reed, Chair.
C. Conciliation teams were set up.
Team A
Chia-Hsing Lu
Harold Weilbrenner
Lois Smithart
Team B
Fred Mims
Terry Powell
.Haywood Belle
Team C
Rosalie Reed
Anthony Haughton
Ray Haines
IX. Staff Report: .
Requested the Commissioners review handouts.
X. Adjournment.
I
IOWA CITY HUMAN RIGHTS COMMISSION Human Rights - A Human Issue
i�
MINUTES
HUMAN RIGHTS COMMISSION
DATE: September 26, 1988
LOCATION: Senior Center Classroom (enter on Washington Street)
MEMBERS PRESENT: Rosalie Reed, Haywood Belle, Harold Weilbrenner, Ray
Haines
MEMBERS ABSENT: Chia-Hsing Lu, Fred Mims, Anthony Haughton,
Terry
Powell, Lois Smithart
STAFF PRESENT: Ruby Abebe
1. Call to Order.
The meeting was called to order by Rosalie Reed, Chairperson..
2. The Selection of Next Meeting.
Date: October 24, 1988
Place: Senior Center Commission (enter on Washington Street)
Time: 7:00 p.m.
3. Approval of Minutes of August 29, 1988, and September 26, 1988.
4. Recognition of Public and News Media.
Honorable Susan Horowitz, Iowa City Council Member
Rick Collins, JOBplus Unlimited, Inc.
5. Community Education.
6. Report of the Commissioners.
Rosalie Reed - No report
Ray Haines - Report attached
Harold Weilbrenner - Reported on the September 26,
1988,
Conciliation Training. Jewel Brown,
Civil
Rights Consultant
Haywood Belle - Successful event at the Amanas
7. Annual Awards Breakfast - October 20, 1988, at 7:30 a.m.
8. New Business.
Honorable Susan Horowitz stated her concerns and interest in
Iowa
City Human Rights Commission. She further stated that we should
feel
to contact her at any time.
14
i�
i
I
z
Rick Collins informed the Commission about a new project JOBplus is
engaged in. The project deals with people who are not employed.
This business is a career development consulting firm. JOBplus is a
minority-owned business.
9. Staff Report.
See if there is interest in having a Holiday Tea/Winter Tea inviting
Iowa Clty Management, Iowa City Commissioners and elected officials.
See if there is interest in having a Spring Conference hosting City
and State Commissioners across the State.
10. Adjournment.
Attachment A
To: Iowa City Human Rights Commission
From: Commissioner Ray Haines
Re: Report to Iowa City Human Rights Commission, September 16, 1988
I met with eGree, Daniels, Assistant Secretary for Civil Rights,
U.S. Department o E ucation, Washington D.C. Assistant Secretary
Daniels along with Emily Lang and Ruth Hall bring their greetings to the
Commission.
Assistant Secretary Daniels indicated that she felt we were at another
threshold where the need is to emphasize education rather than legisla-
tion. This means that we should pursue educational programs early in the
process to teach people respect for "persons civil rights and understand-
ing of different races, color, creed, etc."
In our informal discussion I gave Assistant Secretary Daniels background
on the Iowa City Human Rights Commission. The information included:
A. How the Commission was formed.
B. The areas that our jurisdiction covered in our ordinance such as:
I. Housing
2. Education
3. Employment
4. Public Accommodations
5. Credit
C. Jurisdiction which covers the bases of:
1. Race
2. Age
3. Color
4. Creed
5. Disability
6. Marital Status
7. National Origin
8. Religion
9. Sex
10. Sex Orientation
11. Presence or Absence of Dependents or
12. Public Assistance Source of Income
Assistant Secretary Daniels gave me a draft copy of the recent Fair
Housing Bill signed into law September 13, 1988. She also referred me to
C.T. Middleton, Deputy Assistant Secretary for Enforcement and Compliance
of Fair Housing and Equal Opportunity with the U.S. Department of Housing
and Urban Development.
2
I met with Deputy Assistant Middleton for a few minutes and he gave me
copies of the news release which I distributed at the above -referenced
meeting. Deputy Assistant Secretary Middleton referred me to a person by
the name of Mr. Charles Jean -Baptiste who is in the HUD Office in Omaha
and is director of Fair Housing and Equal Opportunity Division. Deputy
Assistant Secretary Jean -Baptiste is responsible for the community housing
resource board (CHRB) and might assist us in planning and presenting
activities in housing.
It was a pleasure meeting Assistant Secretary Daniels, Deputy Assistant
Middleton, Emily Lang, and Ruth Hall. A number of flyers they provided me
with I have shared with the Commission on the above -date referenced.
Attached is a copy of the letter from Deputy Assistant Secretary Middleton
and the news release.
tp2-4
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, D.C. 20410-2000
OFFICE OF THE ASSISTANT SECRETARY
FOR FAIR HOUSING ANO EOUAL OPPO W UNT'
September 19, 1988
Mr. E. Ray Haines
Manager
Pell Grant Project
Post Office Box 30
Iowa City, IA 52240
Dear Mr. Haines:
Per our conversation on Monday, September 19, 1988, I have obtained
for you the name and phone number of the HUD person that you should contact
regarding the Idaho Community Housing Resource Board (CHRB). That person
is Mr. Charles Jean -Baptiste who is in HUD's Omaha Office and is the Director,
Fair Housing and Equal Opportunity Division. His phone number is: 402/
221-3705.
I sincerely hope that he can be of some assistance to you.
Sincerely,
t
. Mi tone
Deputy Assistant Secretary -Designate
for Enforcement and Compliance
it
Wasn,ngton. DC 204 10
HUD No. 88-131
Roddy Hiduskey (202) 755-6685
Robert Nipp (202) 755-6980
U.S. Department of Housing and Urban Development
Of Ce of Pub"C Alfairs
News Release
FOR IMMEDIATE RELEASE:
FAIR HOUSING BILL SIGNED INM LAW
Secretary Samtel R. Pierce, Jr., praised the strong new Fair Housing
Amendments Act of 1988, which strengthens Title VIII of the Civil Rights Act
of 1968, signed into law by President Ronald Reagan on September 13, 1988.
"Although Congress passed the Fair Housing Act in 1968, it provided no
federal enforcement mechanism to provide relief to victims of discrimination.
Now, with President Reagan signing this historic legislation, all Americans --
regardless of race, color, religion, sex, national origin, and including for
the first time, families with children and the disabled, will be protected
from this repugnant form of discrimination. With the President's signature
today, we as a Nation finally say, enough is enough, discrimination in
housing can not and will not be tolerated," Secretary Pierce said.
"I am deeply grateful to have worked for over seven years with the Vice
President, many fine Members of Congress, the civil rights community, and the
real estate industry to achieve this long delayed dream."
1 t t
September 14, 1988
■
THE '4H: -.E HOUSE
Office of the Press Secretary
For Immediate Release septemoer 11, :988
FAIR HOUSING AMENDMENTS ACT OF 1900
FACT SHEET
President Reagan today signed the Fair Housing Amendments Act
0f 1900. The President called for such legislation early in his
Presidency and emphasized the need for it in his Legislative
me
:sage at the beginning of the current session of Congress.
The legislation amends Title VIII of the Civil Rights Act of 1960
which prohibits discrimination in housing based on race, color,
religion, sex, or national origin.
The Fair Housing Amendments Act of 1900 provides, for the first
time, strong Federal enforcement measures against discrimination.
in housing. The Act gives the Department of Housing and Urban
Development authority to initiate enforcement actions and to
penalize those who discriminate in the sale, rental, or financing
of housing In addition, the Act adds persons with handicaps and
is,
111es with children to chose protected under Title V111.
Principal Features
The Fair Housing Amendments Act of 1900:
o Adds persons with handicaps and families with children to
the chases of people protected under Title VIII.
0 Permits aggrieved parsons for the first time to avail
themselves of an administrative enforcement process:
o Authori:ac civil ;a ".1-i as through this process of up to
$10r 000 for a first offense, up to $25,000 for a second
btfense, and up t0 $50,000 for a third offense, and
Federal court fine& in 'pa ctesn or practice' cases of up to
$50,000 for a first offense and up to $100,000 for the
second and succeeding offenses;
0 Authorizes the Secretary of Housing and Urban
Development to commence investigations on his or her
own initiative: and
0 Protects the constitutional rights of all parties by
affording plaintiffs or defendants the option of A
jury trial.
Administrative Enforcement Process
nt
0 Under the now aggrieved person eMay Ills-aecomplaintewith thesDsparcmant
of Housing and Urban D&Vel opment (HUD) with In oro yest of
an alleged discriminatory housing practice. The Secretary
of HUD may &iso file a complaint on his or her own
initiative.
o HUD is required to complete An investigation of the facts
within 100 days. The Sebretary may issue subpoena& to
aid investigations. HUD i• alga required to attempt
conciliation during this period to encourage an agreement
on the matter without resort to legal action.
--MORE--
1
-I-
o Fair housing investigations must be processed by HUD within
100 days. If conciliation is not achieved, the Secretary
must make a reasonable cause determination and, if
reasonable cause is found, issue a charge of discrimination.
If the Secretary finds that no rests resole cause esists to
indicate that a discr(minatory housing practice has occurred
or is &tout to occur, the Secretary will dismiss the
complaint. In this event, the aggrieved Darcy retains the
option to file an action in Federal court using private
attorneys.
o if a conciliation agreement is concluded and later breached,
the Secretary of HUD must refer the matter to the U.S.
Attorney General with a recommendation that a civil action
be filed for enforcement of the agreement.
o If the facts warrant, the Secretary of HUD may authorize a
civil action for appropriate temporary or preliminary relief
to maintain the status quo pending final disposition of the
complaint.
o When the Secretary of HUD issues a charge on his or her own,
the natter will be hoard by an Administrative Law Judge
(ALJ) unless one of the parties elects to have the case
heard in United States District Court, Cases before ALJS
may be pursued by HUD.
o When a use is heard before an ALJ, the ALJ will make
findings of fact and conclusions of law. If the ALJ makes a
finding of discrimination, the ALJ is required to issue an
order for appropriate relief.
o Relief granted by an ALJ may include actual damages or
equitable relief, plus a civil penalty not co exceed $10,000
for a first violation, $:5,000 for a second violation, and
$50,000 for a third violation. The Secretary of HUD may
review any finding, conclusitn, or order issued by an ALJ.
Any party aggrieved by a final order may appeal to the U.S.
Court of Appeal--.
o If election is made for U.S. District Court, the U.S.
Attorney General must commence and prosecute the civil
action within 30 days after the election is made. Relief in
a civil action may include actual and punitive damages, and
injunctive relief for the aggrieved person.
o Cases involving thelegality of zoning or other land use
laws will be referred to the U.S. Attorney General for
appropriate action.
o HUD will continue to refer cases to state and local agencies
with aubssantially equivalent laws and procedures. Such
states and localities will have 10 months to bring their
laws into compliance with the new Federal law.
Protection' for Person- With Handicaps
o The Fair Housing Amendments Act of 1988 prohibits
discrimination in the sale, rental, or financing of A
dwelling to any buyer or renter with a handicap.
Discrimination against a person with a handicap who is
associated with a buyer or renter is also prohibited.
o A refusal to permit, at tenant expense, reasonable
modifications of existing promises it such modifications
may Do notes asry to afford full enjoyment of the premises
Would be discriminatory. But a landlord may, where it is
reasonable to do so, condition permission for modification
on agreement by the renter to restore the interior of the
premises to the original condition.
--HORf--
1-
o It is discriminatory under the Act to fail to design and
construct most multifamily dwellings a four or nor. units,
ready for first occupancy 10 months from enactment of this
lav, in such a manner that:
-- The public use and common use portions are readily
accessible to and usable by persons with handicaps;
-- All doors into and within are sufficiently wide to
allow passage by persons with handicaps: and
-- All premises within have:
o A wheelchair -accessible route into and through
them;
o Light switches, electrical outlet•., thermostats,
and other environmental controls in accessible
locations;
o Reinforcements in bathroom walls to allow lacer
installation of grab bars; and
o Kitchens and bathrooms such that an individual in
a wheelchair can maneuver In the space.
Protections for Families With Children
o The Pair Housing Amendments Act of 1908 prohibits housing
discrimination against parents or guardians with children
underage 18. pregnant woman and parents in the process of
adopt 1819 a child are also protected. The prohibition on
discrimination against pregnant women extends Anti-
discrimination protection for children to include the
unborn -- assuring them equal protection of the law.
o Elderly housing and retirement communities are exempted from
this provision. be exempt, the building or Community
must be specially designed for and occupied by elderly
persons under a state or Federal program; must be solely
occupied by persons 67 or older; or must be primarily
occupied by people over 55, provide amenities and services
for older persons, and adhere to a published policy of
accepting only people aver $5.
o Buildings which are now 'adult only' can exclude children
only if they adopt a policy to rent or sell to the elderly
only. No person now residing in any such building or
community must be evicted or denied a lease renewal.
1 1 1
i.
v..
�
1-
o It is discriminatory under the Act to fail to design and
construct most multifamily dwellings a four or nor. units,
ready for first occupancy 10 months from enactment of this
lav, in such a manner that:
-- The public use and common use portions are readily
accessible to and usable by persons with handicaps;
-- All doors into and within are sufficiently wide to
allow passage by persons with handicaps: and
-- All premises within have:
o A wheelchair -accessible route into and through
them;
o Light switches, electrical outlet•., thermostats,
and other environmental controls in accessible
locations;
o Reinforcements in bathroom walls to allow lacer
installation of grab bars; and
o Kitchens and bathrooms such that an individual in
a wheelchair can maneuver In the space.
Protections for Families With Children
o The Pair Housing Amendments Act of 1908 prohibits housing
discrimination against parents or guardians with children
underage 18. pregnant woman and parents in the process of
adopt 1819 a child are also protected. The prohibition on
discrimination against pregnant women extends Anti-
discrimination protection for children to include the
unborn -- assuring them equal protection of the law.
o Elderly housing and retirement communities are exempted from
this provision. be exempt, the building or Community
must be specially designed for and occupied by elderly
persons under a state or Federal program; must be solely
occupied by persons 67 or older; or must be primarily
occupied by people over 55, provide amenities and services
for older persons, and adhere to a published policy of
accepting only people aver $5.
o Buildings which are now 'adult only' can exclude children
only if they adopt a policy to rent or sell to the elderly
only. No person now residing in any such building or
community must be evicted or denied a lease renewal.
1 1 1
MINUTES
DRAFT
COMMITTEE ON COMMUNITY NEEDS
TUESDAY, OCTOBER 18, 1988 - 3:00 P.M.
SENIOR CITIZEN CENTER CLASSROOM
MEMBERS PRESENT: Becker, Cooper, Hulse, Kubby, Kuhn, Leshtz, Patrick,
Rawland, Starr, Ruff, Snider
STAFF PRESENT: Milkman, Nugent, Rockwell, Kilpatrick, Barnes, Penney,
Schmeiser, Smith
OTHERS PRESENT: See attached list
RECOMMENDATIONS TO THE CITY COUNCIL:
The Committee on Community Needs recommends to the City Council to fund
the following 1989 CDBG projects in the amounts given below:
1.
Housing Rehabilitation
$300,000
2.
Small Repair Program - Elderly Services Agency
6,000
3.
Curb Ramp/Sidewalk Installation
7,000
4.
Cedar Neighborhood Center -Headstart
50,000
S.
Hillcrest Family Service Renovation
25,000
6.
Hoover Elementary School - Handicapped Play Facilities
5,000
7.
Youth Services Facilities Renovation (Continuation)
7,675
B.
Riverfront/Ralston Creek Cleanup - MYEP
4,325
9.
Aid to Agencies (25% of Entitlement)*
90,000
10.
Disposition
3,000
11.
Assistance to M/WBE's
2,500
12.
Planning 8 Program Development
12,000
13.
Program Administration
105,000
Contingency
32.500
$650,000
*Specific
agency funding levels to be determined.
CALL TO ORDER:
The meeting was called to order at 3:08 P.M.
REVIEW AND APPROVAL OF SEPTEMBER 27, 1988, AND SEPTEMBER 28, 1988. CCN
MEETING MINUTES:
Moved by Becker, seconded by Kuhn, to approve the September 27, 1988,
minutes. Rockwell noted the minutes, page 5, Mayor's Youth Employment
Program/"Youth Works" Pro.iect - $7.675 should read: ...last year, Mayor's
Youth constructed the boat docks. The minutes were approved as amended.
Moved by Patrick, seconded by Rawland, to approve the September 28, 1988,
minutes. Starr noted his name was misspelled in the minutes. The minutes
were approved as corrected.
PUBLIC/MEMBER DISCUSSION:
Four Urban and Regional Planning students stated they were at the meeting
to observe the CDBG allocation process.
j %v�
MINUTES
COMMITTEE ON COMMUNITY NEEDS
OCTOBER 18, 1988
PAGE 2
DISCUSSION OF CCN PROPOSAL EVALUATION AND RANKING PROCEDURE:
Kubby explained the evaluation and ranking procedure will involve
reviewing the proposals three times: 1) to ask questions of the
applicants and staff and discuss the proposals, 2) to prioritize and
individually rate the proposals with a high, medium, or low priority and
utilize a numerical value for each level of priority to establish an
overall ranking, and 3) to decide the actual dollar amounts for the
proposals.
QUESTIONS/DISCUSSIONS. CCN members reviewed each of the proposals as
follows:
CEDARWOOD NEIGHBORHOOD CENTER/HEADSTART.
Cooper asked if the land for the building had been purchased. VandenBerg
stated the land had not been purchased and the estimated cost of the land
is approximately $36,000. Kubby asked if money is available from
Headstart for capital expenditures. Lloyd Gehring stated HACAP can only
commit to operating funds. Kubby requested updates regarding land
acquisition. Milkman stated there is a possibility for the City to trade
City -owned property for property owned by Mace Braverman, then donating
that property for the Cedarwood project. Milkman asked VandenBerg if
additional sources of funding have been found. VandenBerg said she has
identified seven foundations that have funds available for buildings such
as the proposed project. Milkman asked what the increased operational
cost for Willowcreek would be. VandenBerg explained $2,000 extra is
needed for utilities and she is applying for State grant monies to fund
staffing needs. VandenBerg reported that HUD rejected the proposal to
allow Cedarwood to utilize one apartment for a neighborhood center. HUD
stated that Section 8 monies cannot be used to subsidize uses other than
rental housing. VandenBerg said that an option is that an apartment could
be obtained if they pay $5,000 per year rent.
MILLER/ORCHARD PARK.
Cooper asked what the land would cost. Schmeiser explained the appraisal
is close to completion and the appraisal will be more than originally
anticipated. Milkman said the land will be appraised at greater than
$100,000. Kubby asked if the project could be completed this year if
funds became available. Schmeiser said timing of the project would depend
upon if the property would need to be condemned.
DISPOSITION.
No questions.
RIVERFRONT/RALSTON CREEK CLEAN-UP - MAYOR'S YOUTH EMPLOYMENT PROGRAM.
In response to Milkman, McElroy stated a Riverfront Commission
subcommittee has been formed to identify areas for clean-up. Milkman
asked if there are enough public areas that would require clean-up.
McElroy said there were enough creekside and riverfront areas available
for clean-up work.
'14 $_
N
MINUTES
COMMITTEE ON COMMUNITY NEEDS
OCTOBER 18, 1988
PAGE 3
BEFORE AND AFTER SCHOOL PROGRAM.
In response to Milkman, Mary Richards said the School District provides
space, janitorial services, and utilities and some in-kind services such
as printing. Mary Richards explained the Before and After School programs
are run by independent parent boards. Mary Richards explained over one-
half of the monies requested would be used to develop a good school-age
toy lending library and provide for a one-quarter salary to administer the
program. Rawland noted this proposal falls under Aid -to -Agencies category
for funding because it is a public service. Leshtz stated that it is
unfortunate that this proposal falls under public service and money would
need to come out of Aid -to -Agencies. Leshtz said it would be nice if the
City Council did not take money out of CDBG allocations for these ongoing
operational human service agency expenses. Leshtz said he would like to
see the Aid -to -Agencies projects funded but not out of CDBG funds.
HOUSING REHABILITATION.
No questions.
YOUTH SERVICES FACILITY EXTERIOR RENOVATION.
No questions.
HILLCREST FAMILY SERVICES RENOVATION.
In response to Cooper, Anne Armknecht explained the $25,000 would be used
entirely for renovation of the house.
SMALL REPAIR PROGRAMS - ESA.
No questions.
PLAY FACILITIES FOR THE HANDICAPPED - HOOVER ELEMENTARY SCHOOL.
Guerrin Thompson explained 12 letters of support were received, the PTA
has pledged $500 and four other gifts were received. Thompson said the
total amount pledged was $655. In response to Milkman, Thompson said
School District employees will construct the ramp, $512 is the budgeted
amount for the labor of the construction, and $3,080 is for the cement
ramp and railing. Milkman noted HUD regulations will not allow use of
volunteer labor and Davis -Bacon wages are required. Staff discussed the
proposed payment for labor to construct the ramp.
RECREATION CENTER; PHOTO DARKROOM AND POTTER'S STUDIO ACCESSIBILITY.
Kubby said a phone survey of S.P.I. (Special Populations) people was done
and mixed responses were received regarding preference to use of the photo
darkroom or the potter's studio. In response to Starr, Milkman said funds
could not be used to obtain the moveable potter's wheels. Ruff stated a
better estimation of the number of handicapped people who would use the
facility is needed.
N
MINUTES
COMMITTEE ON COMMUNITY NEEDS
OCTOBER 18, 1988
PAGE 4
CITY PARK RESTROOM.
Patrick questioned why the City would let the restroom sit for 50 years
without any renovation.
CURB RAMP INSTALLATION.
Ruff recommended to combine the Curb Ramp proposal with the North Dodge
Street sidewalk proposal and that $6,000 be used for curb ramp
installation and $1,000 be used for sidewalk repair. Rockwell suggested
that a person be hired to prepare a map demonstrating where all the
existing curb ramps are located. Rockwell also noted that $1,000 would
pay for 20 squares of sidewalk to be replaced. Kubby raised concerns that
$1,000 would not be enough for sidewalk repair. Evert Connor noted the
City had already repaired the alley sections of sidewalk between Brown
Street and Ronalds Street. Rockwell added that the City was also
repairing other areas.
SIDEWALK/CURB RAMPS.
No questions.
TERRELL MILL PARK HANDICAPPED ACCESSIBILITY TRAILS.
Starr asked if this proposal was submitted last year. Milkman stated yes.
TRANSITION CAREER ASSISTANCE, JOBS PLUS UNLIMITED.
Milkman reported that HUD determined that this proposal is not eligible
for CDBG monies because it was a for-profit business and therefore did not
meet public service guidelines, and it is not an economic development
project because it did not create jobs.
PROGRAM ADMINISTRATION.
No questions.
PLANNING & PROGRAM DEVELOPMENT.
No questions.
ASSISTANCE TO MINORITY AND WOMEN'S BUSINESS ENTERPRISES.
Milkman explained under new regulations, CDBG monies cannot be used to
provide grants or loans for training courses or for equipment. Milkman
said a State grant program through the Targeted Small Businesses Office
has funds that are available for training programs and equipment through
March 31, 1989. In response to Kubby, Milkman said CDBG monies can be
used for insurance as part of a project. Kubby noted $2,300 of the $2,500
was proposed to be used for books and training. Kilpatrick suggested
money be used to buy books to lend to contractors. CCN members discussed
using money to purchase books.
jI,i.S✓
I
MINUTES
COMMITTEE ON COMMUNITY NEEDS
OCTOBER 18, 1988
PAGE 5
PRIORITIZATION/RANKING:
CCN members ranked each proposal with high, medium, or low priority;
assigned numerical values to the rankings; and established overall
rankings, 3 for High, 2 for Medium, and 1 for Low. CCN members voted on
each proposal as follows:
CEDARWOOD NEIGHBORHOOD CENTER/HEADSTART
High 9 x 3 - 27
Medium 2 x 2 - 4
Low 0
Total - 31
MILLER/ORCHARD PARK ACQUISITION
High 2x3- 6
Medium 3 x 2 = 6
Low 6x1= 6
Total = 18
DISPOSITION OF PARCELS IN THE REDEVELOPMENT AREA
High 0
Medium 9 x 2 - 18
Low 2x1= 2
Total - 20
RIVERFRONT/RALSTON CREEK CLEAN-UP MYEP
High 3 x 3 - 9
Medium 7 x 2 = 14
Low 1 x 1 = 1
Total - 24
AID -TO -AGENCIES - No Ranking
BEFORE AND AFTER SCHOOL PROGRAM
High 1 x 3 = 3
Medium 4 x 2 = 8
Low 6 x 1 - 6
Total - 17
HOUSING REHAB
High 11 x 3 - 33
Medium 0 0
Low 0 0
Total - 33
MINUTES
COMMITTEE ON COMMUNITY NEEDS
OCTOBER 18, 1988
PAGE 6
YOUTH SERVICES FACILITY EXTERIOR RENOVATION - MYEP
High 6 x 3 = 18
Medium 4 x 2 = 8
Low 1x1= 1
Total = 27
HILLCREST FAMILY SERVICES RENOVATION
High 8 x 3 - 24
Medium 3 x 2 - 6
Low 0 0
Total - 30
SMALL REPAIR PROGRAM - ELDERLY SERVICES AGENCY
High 11 x 3 - 33
Medium 0 0
Low 0 0
Total - 33
HOOVER ELEMENTARY HANDICAPPED ACCESSIBLE PLAY FACILITIES
High 5 x 3 = 15
Medium 6 x 2 - 12
Low 0 0
Total - 27
RECREATION CENTER - PHOTO DARKROOM AND POTTER'S STUDIO
High 1 x 3 - 3
Medium 6 x 2 - 12
Low 4x 1= 4
Total - 19
CITY PARK RESTROOM
High 1 x 3 - 3
Medium 1 x 2 - 2
Low 9x1= 9
Total - 14
CURB RAMP INSTALLATION/SIDEWALK REPAIR
High 11 x 3 - 33
Medium 0 0
Low 0 0
Total - 33
■..,
MINUTES
COMMITTEE ON COMMUNITY NEEDS
OCTOBER 18, 1988
PAGE 7
TERRELL MILL PARK HANDICAPPED ACCESSIBLE TRAIL
High 1 x 3 = 3
Medium 4 x 2 = 8
Low 6x1= 6
Total = 17
TRANSITION CAREER ASSISTANCE - JOBS PLUS - Not Eligible
FINAL RANKINGS
Kubby noted CCN members received Milkman's October Ilth memo regarding
1989 CDBG fund allocations. Kubby noted $90,000 is earmarked for Aid -to -
Agencies. CCN members recommended funding General Program Administration,
Planning and Program Development, and Assistance to Minority and Business
Enterprises at 100% of the proposed request.
Kubby said the amount for the five percent contingency would be $32,500.
In response to Kubby, Milkman said Community Development Week was funded
with general administration money. Milkman noted $408,000 remains to be
allocated.
Moved by Leshtz, seconded by Kuhn, to allocate the full amounts to the
Housing Rehab Program - $300,000, ESA's Small Repair Program - $6,000, and
Curb Ramp Installation/Sidewalk - $7,000. The motion passed unanimously.
Cooper said the Cedarwood project should be partially funded. Moved by
Kuhn, seconded by Ruff, to allocate $50,000 to the Cedarwood proposal. In
response to Leshtz, VandenBerg said $50,000 plus the land would serve as a
good base to the project. Hulse amended the motion to state $50,000 be
allocated contingent on Cedarwood receiving other matching grant monies by
July 1, 1989. The motion carried as amended.
Moved by Leshtz, seconded by Kuhn, to allocate $25,000 to the Hillcrest
Family Services renovation. Kubby noted this is a loan, CCN has decided
that loans would be a high priority, and the Community Development Plan
states housing for mentally and physically disabled are needs in Iowa
City. The motion carried unanimously.
Milkman said money raised by Hoover School could reduce the request by
$650. CCN members discussed availability of funds for the Youth Services
Exterior Renovation Project. Moved by Patrick, seconded by Ruff, to
allocate $5,000 to the Hoover Handicapped Facilities. CCN members
discussed using money from the Contingency Fund if additional funds are
needed to complete the project. The motion passed unanimously.
Moved by Leshtz, seconded by Hulse to allocate $7,675 to the Youth
Services Exterior Renovation Project. The motion passed unanimously.
In response to questions regarding the disposition of the lower Ralston
Creek parcels, Milkman stated the appraised value of the properties is
approximately $40,000 each. Moved by Rawland, seconded by Ruff, to
MINUTES
COMMITTEE ON COMMUNITY NEEDS
OCTOBER 18, 1988
PAGE 8
allocate $3,000 to Disposition. The motion passed unanimously. Milkman
noted new abstracts need to be prepared since the parcels have been
combined from a number of original parcels.
Moved by Leshtz, seconded by Becker, to allocate $4,325 to the
Riverfront/Ralston Creek Clean-up. The motion passed unanimously.
Kubby stated the informal Council discussion regarding the CDBG
recommendations is scheduled November 14th and Council will hold a public
hearing regarding the CDBG recommendations on November 15, 1988.
Leshtz asked CCN members to consider funding the Rec Center Photo Darkroom
and Potter's Studio if additional funds become available. Kubby asked
that Miller/Orchard Park also be considered.
Nugent stated 1988 projects will be reviewed at CCN's November meeting.
Kubby said Evert Connor will also present information regarding a job
proposal.
The meeting adjourned at 5:00 p.m.
I
` �ni/JC /�R/YlE%N�YH� �Y,l�rrs>< �C/ni� SrdiCE_S
DRAFT
MINUTES
BROADBAND TELECOMMUNICATIONS COMMISSION
THURSDAY, OCTOBER 20, 1988 - 5:15 P.M.
IOWA CITY PUBLIC LIBRARY - ROOM A
MEMBERS PRESENT: Justis, Hall, Patton, Detroit, Stevens
MEMBERS ABSENT: None
STAFF PRESENT: Shaffer, Cerretti, Helling, Baily
OTHERS PRESENT: Sue Buske, Dan Daly, Steven Cree, Joan Jehle, Dewey
McGuire
COMMENDATION TO CITY COUNCI
None.
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
Blough from Heritage Cablevision reported an increase in cable connections
and the possible addition of TNT, Turner Network Television, some time in
December or January. Shaffer reported nine complaints this month, all
relating to a single power outage. Shaffer suggested any interested
Commissioners were invited to assist him in the budgeting process for
cable TV. Stevens and Patton volunteered to make up the Budget
Subcommittee. Sue Buske from The Buske Group, hired to consult with the
Commission, joined the Commission meeting. She outlined Task 1 for the
Commission, Task 1 being the development process in setting up a public
access non-profit organization (NPO). Buske began by describing what
makes access successful and who typically runs access in most communities.
Buske outlined the differences between using an RFP and sole purpose
access corporation process. She continued by discussing bylaws, time
lines for goals, and individual Commissioners' concerns. The Commission
unanimously voted to estabilsh a sole purpose access corporation. The
total process to changeover management of Channel 26 involves a time line
of nine months, twelve months on the outside. Detroit moved to place a
display ad in the Iowa City Press -Citizen of the survey previously sent to
existing NPOs in the community (with a few revisions) in order to reach
all possible community members. Seconded by Patton. Unanimously
approved. Detroit made a motion that the Commission recommend and request
that Bill Blough from Heritage Cablevision release staff time at the CPC
to begin an NPO -related outreach/education program in the community.
Seconded by Patton. Unanimously approved.
CALL MEETING TO ORDER:
Meeting was called to order at 5:15 p.m.
APPROVE BTC MINUTES:
Moved by Detroit, seconded by Patton, to approve the September 25, 1988,
BTC meeting minutes. Unanimously approved with corrections made by Hall.
i
Broadband Telecommunications Commission
October 20, 1988
Page 2
ANNOUNCEMENTS OF COMMISSIONERS:
Detroit reported she has followed-up on the Wilder report by sending John
Wilder a letter asking if he wanted any further action from the Commis-
sion. No response has been received as of this time. Detroit has also
been receiving feedback from viewers of the Commission meetings on Channel
29. The general comments by the audience involve their inability to
understand or follow what is being discussed.
Justis had the opportunity to discuss the NPO with the Legislative
Subcommittee of the Chamber of Commerce. The Chamber requested additional
information on the issues pertaining to the NPO process. Justis expressed
the possible contribution the Chamber could offer in programming for
community access and noted considerable interest from some subcommittee
members.
SHORT PUBLIC ANNOUNCEMENTS:
None.
HERITAGE REPORT
Blough reported that Heritage is in the process of planning their 1989
business year which may involve the addition of TNT, Turner Network
Television, by December of this year or early January. TNT would likely
be replacing the Home Value Network. TNT will be a similar format to TBS
and eventually will replace TBS in order to eliminate copyright fees that
some operators charge to receive his signal. By eliminating the TBS super
station status, he no longer has to pay these fees.
Heritage is planning to offer an 8.5% senior citizen discount on basic
cable.
Heritage is anticipating an additional ten miles of construction in 1989.
They have also increased their backup power capacity to better avoid
future power outages.
KOCR is operating at one-tenth of capacity. They are looking for a buyer.
High definition TV was also discussed. It will be several years before
this becomes standard.
BTS REPORT:
Shaffer reported nine complaints, all in reference to a single power
outage. Shaffer announced that the City is in the process of developing a
three-year budget. He asked if any of the Commissioners would be
interested in meeting with him to develop the cable TV budget. The budget
will include everything from staff to equipment. Stevens and Patton
agreed to assist Shaffer.
i
i
Broadband Telecommunications Commission
October 20, 1988
Page 3
CPC QUARTERLY REPORT:
Hess reported that the CPC quarterly report will be available at the next
Commission meeting.
NPO DISCUSSION• SUE BUSKE - THE BUSKE GROUP:
Justis began discussion by outlining Task 1 as defined by Sue Buske from
The Buske Group in Iowa City, the City's consultant.
Sue Buske opened her discussion by distributing a booklet developed by the
American Association of Retired Persons. The booklet lays out what access
is about and gives an introduction on how to get involved.
Sue Buske laid out what makes access successful:
1. Channel availability.
2. Operation budget for staff, programming, equipment, etc.
3. A staff which is literate about public access.
4. Equipment which is user friendly.
5. Good operating rules and policies.
6. An active outreach plan to educate the public.
7. A good training program to educate users.
8. A plan to promote the access channel.
Buske has found it is important to have a close relationship between the
outreach plan and promotional plan. Bringing in community organizations
is important, as they possess a large outreach capability which adds to
the promotion aspect of your access station. This helps create a high
success rate. One way of describing successful public access broadcasting
is when a wide range of community groups and individuals use the public
access channel. If a good cross-section of the community is represented
in the channel's programming, then the access managers have developed good
outreach, promotion and training programs.
Next, Buske looked at access in the community. Who can act as the
management entity for access channel? They could be:
1. Cable companies.
2. NPO, usually sole purpose.
3. Library.
4. Public access channel.
5. Educational institutions.
6. City.
A survey was conducted in 1986 to find out which entities most frequently
operate access. Approximately 500 cable systems were surveyed and it was
found that access centers and channels were operated by the following
entities in the frequencies indicated:
45% cable company
35% NPO
3% library
6% educational institution
i
Broadband Telecommunications Commission
October 20, 1988
Page 4
6% cities
3% other - church, newspaper, etc.
Buske noted that within the last few years, the major trend has been to
transfer the management of access from cable companies to NPOs.
Buske moved to a discussion of a possible NPO management scenario,
focusing on board structure.
Buske researched NPOs not run as a sole purpose (an existing non-profit
group taking on the additional function of access management). She found
an example in St. Louis where a group created 10-15 years ago as a
community media center took over access management. This NPO runs public
access and a local origination operation for the cable company. However,
Buske said it was very difficult to find very many examples of an existing
NPO taking on the additional management responsibilities of access. Few
such examples exist.
Next, Buske turned to a variety of possible for board structures. One
board structure could consist of elected NPO members which are the board
of directors. There are some board structures, called self-perpetuating,
where an initial board is created by nomination or appointment by the City
or Cable Commission. Most often seen are board structures where community
umbrella organizations or existing NPOs are identified with user represen-
tatives. Each organization identified and interested would appoint
personnel or a volunteer to the access board. Members, users or community
producers would also elect a representative(s) to the board. Sometimes to
get the process started the BTC or City would identify and appoint an
initial board which later expands to a full and permanent NPO board. Two
key responsibilities of the board are that of policy maker and fund
ase.
Buske detailed further how one can become a member of an NPO access
organization. One way is to pay a small fee. Another way is to offer
every cable subscriber the option to become a member of the NPO. This
would also include the access users. A "working membership" offer can be
made to those who can't afford a membership fee.
Buske laid out two basic and very different approaches to identify-
ing/establishing an NPO to manage and operate access.
A. The RFP process includes:
1. Determining requirements.
2. Terms and conditions.
3. Evaluation of criteria to evaluate the proposal.
The drafting of the RFP could be done by the BTC and evaluated either by
BTC or an outside person.
Broadband Telecommunications Commission
October 20, 1988
Page 5
B. The sole ouroose access corporation process includes:
1. Identifying interested umbrella organizations (such as United
Way, Chamber of Commerce, Ecumenical Council, etc. - all
possible representative segments of the community).
2. Appointing/naming initial board members (working board).
3. Begin the various tasks necessary to transfer management
(usually a 9-12 month process).
4. Develop a contract for the transfer (between City, NPO and cable
company).
Detroit asked if the RFP process is legally required of the City. Helling
responded that legally the RFP would not be required if the Commissioners
decided on the sole purpose approach.
Buske believes that the major concern the City may be expressing is that
they fill the need to remain fair in having an open process in selecting
the type of NPO best suited for access in Iowa City. Either process
outlined would be legal and fair.
Continuing with the sole purpose corp. route, Buske said that after
checking the surveys the BTC sent out to NPOs, they could identify
interested umbrella organizations. An initial board could be set up by
the Commission to assist in developing bylaws and carrying out other
tasks. This initial board in actuality is a working group whose members
would have a shorter board term than the full and self-perpetuating board.
At some point in this process, certain decisions and documents would have
to be reviewed by the City Council.
Buske broke down the RFP and sole purpose process into an estimated time
frame. Both approaches would involve approximately nine months.
Buske asked Commissioners what kind of time line they are individually
looking at.
Detroit responded that she would like to see the process ready by February
of 1989.
Stevens would like to see a longer time line in order to get the community
more involved.
Patton's main concern is the finances.
Justis stated the importance he feels in assuring that the NPO process is
laid out properly. He felt the process would involve approximately one
year.
Hall added that another concern to think about is the location for the
access facility. A problem may exist with the current CPC space.
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Broadband Telecommunications Commission
October 20, 1988
Page 6
Justis noted that he believes if the BTC Commission shortens the NPO time
line, this would be defeating the BTC's objective, which is to involve as
much of the community as possible.
Buske pointed out that the cable company funding cannot change hands until
the NPO is incorporated with bylaws and the contract is finalized.
The BTC Commission decided unanimously on a sole purpose NPO and a time
line of nine months to complete the process (acknowledging the process
could take as long as twelve month).
The discussion turned to outreach ideas to the community.
Detroit made a motion that the Commission recommend and request that Bill
Blough from Heritage Cablevision release staff time at the CPC to begin
more NPO education and outreach in the community. Seconded by Patton.
Unanimously approved.
Buske commented that first a work plan needs to be developed. Secondly,
there needs to be an outline of what is to be presented to City Council.
The Commission unanimously emphasized the need to reach as many community
organizations as possible.
Detroit moved that the Commission place a display ad in the Iowa City
Press -Citizen, reproducing the survey previously sent to the NPOs in the
community with a few revisions by next month's meeting. Seconded by
Patton. Unanimously approved.
Helling suggested that the Commission write a memo to the City Council on
the sole purpose access corporation decision made by the Commissioners.
He suggested outlining briefly the decision process the Commissioners
considered, as presented by Sue Buske.
Justis moved to adjourn. Seconded by Patton. Unanimously approved.
Adjournment at 8:00 p.m.
Respectfully submitted,
Drfe
I
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