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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. A�7 9 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 /00�1 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 /G�9 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 10 ell 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. /GfZ9 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. t 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. 9 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 9