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HomeMy WebLinkAbout1986-01-14 Bd Comm minutes�00 Meeting of the City Council of Iowa City Legislative Committee with Area Legislators December 14, 1985 Meeting of the City Council of Iowa City Legislative Committee with Area Le isiarors: uecemner 14, 1985, at 12:15 at t e Holiday Inn,2FF-55JUEF u uque Street, Iowa City, Iowa. Council Present: McDonald, Ambrisco, Dickson. Staff Present: Berlin, Nelling, Boothroy. Area Le islators: Senator -Art Small, Representative Jean Lloyd -Jones, Repre- sen a ve inne to Doderer. Tape Recorded: 65-C97, Side 1, 1 -End and Side 2, 1-369. Iowa City Council members and area legislators met to discuss issues of concern to Iowa City. Limits for Local Taxing/Soendin McDonald stated that he does not understand how this proposal will resolve state spending deficits. Senator Small explained that the budget and levy freeze does not make much sense and an area of concern is property tax. Small said a millage cap would be more realistic for growing cities. Berlin stated that it was pointed out to Governor Branstad that property tax dollars for local governments and government employment have decreased in the last five years and that tort liability and tort levy should be exempted from any freeze. In response to Representative Doderer, Berlin said the levy limit is currently $6.10 per $1,000 of property valuation. McDonald said Iowa City's levy is $7.71 per ;1,000 property tax and that levy has not reached its limit. Representative Jean Lloyd -Jones asked about the League of Municipali- ties' position. McDonald said the League of Municipalities and counties are strongly opposed to the local tax revenue limits. McDonald told'area legis- lators that Roger Nowadsky of the League of Municipalities will be working closely with legislators. Senator Small and Representatives Lloyd -Jones and Doderer stated their opposition to the proposal. Representative Doderer stated that she will contact the Iowa City Council if she changes her posi- tion on the proposed limits. Fair Play/Mandated Costs McDonald asked legislators to not create new problems and be aware of how new legislation impacts on local governments. Berlin stated the City opposes an interim study committee's proposed bill to establish regional economic devel- opment districts that would be funded by cities and staffed by the state. .39 VA Tort Liability McDonald asked if there has been any consideration given to limiting cities' liability. Representative Lloyd -Jones stated that she favors limits or self-insurance for cities, counties and state. Berlin said the League of Municipalities, a national group, the Comptroller's office and ACIR are working on self-insurance reserves and tort levy resolutions. Doderer asked Counciimembers if the sidewalk, highway and sign legislation has helped Iowa City. Berlin said there has not been enough time to know if the legislation is effective and Iowa City doesn't have many problems with sidewalks. Doderer noted that there are unshoveled sidewalks in the downtown area of Iowa City. Ambrisco said the City sweeps snow from the downtown plaza with a sweeper. Berlin said the cities should be relieved of liability and problems exist because cities cannot get insurance coverage. Ambrisco inquired about plac- ing a cap on certain types of insurance claims. Small stated a comparative negligence bill was passed a year ago, if a person is injured that person should be able to get paid for damages, punitive damages should perhaps be limited or excluded, and a state insurance pool has been studied. Berlin stated that Iowa City is not allowed to establish an insurance reserve through its tort levy, legislation to allow cities to self -insure would be helpful, and municipalities need their reserve for self-insurance. Berlin stated that cities currently do not have the authority under state law to create a reserve for self-insurance. Small stated that the whole insurance system needs to be changed. McDonald asked if the League of Municipalities is drafting tort liability legislation. Berlin stated the League of Municipalities is researching an insurance pool on a state wide basis. Local Option Taxes McDonald asked for support on the local option tax. In response to Doderer, McDonald stated the local option tax could be presented on the ballot next year. McDonald stated that sales tax is the only feasible local option tax because of the exemption of state employees from the payroll tax. Lloyd -Jones said that Iowa City should organize strong support to promote the local option tax when it's put on the ballot. Municipal Assistance McDonald stated Iowa City would like municipal assistance to be continued. In response to Doderer, Helling said municipal assistance in Iowa amounts to an estimated $13 million. Berlin said there is a proposal to abolish transit assistance. Doderer said the state will not abolish municipal assistance. Lloyd -Jones said the state wants to enforce the consolidations of cities. Decriminalization of Municipal Code Violations Boothroy asked legislators for support to get a bill to decriminalize munici- pal code violations introduced into the next legislature, explained that the process would make enforcement of various codes more expeditious and consis- tent, and said that information has'been sent to the legislators' service bureau to have a bill drafted. Boothroy summarized the proposed enforcement Process. In response to Doderer, Boothroy said he has addressed the joint meeting of NAHRO and APA and Roger Nowadsky regarding this issue. Boothroy 3.9 3 said he would like to contact the appropriate legislative committees and inform them of the area legislators' support. Lloyd -Jones recommended con- tacting Jim O'Kane regarding this issue. Scope of Collective Baraainina Doderer stated her preference is to allow the federal Department 'of Labor Standards to regulate collective bargaining. Helling stated the City doesn't oppose collective bargaining but sees problems with widening the scope and giving the arbitrator the authority to make decisions that impact local policy. Helling said the City is concerned about obtaining funds to abide by arbitrator's decisions if there is a freeze on the local revenue. Ambrisco said it is Cit salaries which uisratsubstantial ing for nportion cil members of sthe City budget. to not have Dolde�errnoted that right to strike could be beneficial for getting labor disputes settled. Ambrisco asked about Governor Branstad's proposal to freeze local taxing ability. Ambrisco also inquired if other counties are as wealthy as Johnson County. Lloyd -Jones stated that most counties probably are not as wealthy as Johnson County, and a number of city governments want the freeze to eliminate programs. Open Meetinas Law/Civil Service Reform/public Records Law McDonald stated that area legislators are aware of the City's position on these issues. In response to Doderer, Melling said he will check on a na- tional the civilact servicecivil provisions,service including theBerlin requirement to ppoithe ntocivviil benefits service �accruedselsewhhere tornewly-hired within fire chiefs. Bs and the erlin said a bill will 'be introduced changing military leave. McDonald said the City will continue to contact the area legislators regarding this issue. Wastewater Treatment Requirements McDonald stated the City will not be able to comply with wastewater treatment standards by 1988, the wastewater treatment standards will. need to be relaxed and local sewer bills will need to be tripled to cover sewer costs. In response to Lloyd -Jones, Berlin said the standards are mandated by the De- partment of Water, Air and Waste Management. Councilmembers and legislators discussed chlorination and condition of the river. Miscellaneous Discussion City Council, area. legislators and City staff discussed the conditions of the local and state economy, commented on the events surrounding the deaths of an area banker and farmers, and noted that persons involved in a maintainer -car accident filed a lawsuit against Johnson County. Meeting adjourned at 1:30. 39 MINUTES CIVIL SERVICE COMMISSION DECEMBER 5, 6, 7, 1985 MEMBERS PRESENT: Maxwell, Murphy, Walker STAFF PRESENT: Carroll SUMMARY OF RELEVANT DISCUSSION: The Commission conducted mini -assessment exercises designed to evaluate candidates' supervisory abilities. Eleven candidates for the position of Police Sergeant were evaluated and four candidates for the position of Police Captain were evaluated. The next Commission meeting to complete scoring of applicants for both posi- tions and to certify Police Sergeant and Police Captain lists is scheduled for 5:45 p.m., Monday, December 9 at the Iowa City Recreation Center. 1 I �.... ...aa IOIIA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING DECEMBER 19, 1985 4:00 PM ADMINISTRATIVE CONFERENCE ROOM 14EMBERS PRESENT: Buchanan, Cavitt, Cox (arrived at 4:20), Bovbjerg, Grimes, Pegnetter (arrived at 4:15), Willis MEMBERS ABSENT: Drum, Lyman STAFF PRESENT: Eggers, Jehle, Tiffany, McGuire, Spaziani, Craig OTHERS PRESENT: Pat Forsythe, Executive Director Library Foundation President Riley Grimes called the meeting to order at 4:08 p.m. Minutes of the Regular fleeting of November 21, 1985 were approved. Bovbjerg/Cavitt. Minutes of the Special Board Meeting of December 10, 1985 were approved. Ilillis/Bovbjerg. Disbursements of December 1 and December 15, 1985 were approved. Willis/Buchanan. The Director reported on the following: 1. The FY85 annual report was published in the Press -Citizen December 3. We received considerable feedback on it from the public. 2. Income from the Walker Trust for 1985 at $4,668 was $1,300 more than the previous high. 3. After four full heating seasons, the new building has required an average of 22% less gas to heat than for the last five years in the old Carnegie. The new library has twice the area and uses about three times more electricity. 4. The three Christmas music programs and the birthday party for Irving Weber were all well -attended and appreciated by the public. The music programs will be replayed on Channel 20. The Board agreed that they wanted to continue publishing an :annual report for the general public. They discussed briefly a date for the joint meeting of the Library„ Foundation and FRIENDS Boards scheduled in February. It was decided to have a 7:00 a.m. breakfast meeting on either February 12 or February 19. The status of the FY87 budget and of the Centennial Endowment Fund drive should be the chief topics of discussion. President Grimes discussed the time commitment of Board members. There has ,\ been a ldts of extra time needed lately because of the funding proposals and the Endowment Fund, and these will continue. The general agenda matters,, u however, must also be addressed regularly. Grimes said that he would try, when possible, to use committees to do preliminary work rather than adding extra meetings, but additional meetings will be necessary occasionally. Foundation President Cavitt asked the Board to formally approve the Foundation's recommendations regarding recognition of contributors to the Centennial Endowment Fund. The plan is to 1.) include the names of all contributors giving less than $1,000 in a simulated wall of books that will be commissioned at the end of the campaign; 2.) the names of all individuals contributing $1,000_or s n IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING DECE14BER 19, 1985 Page 2 more, all memorial gifts of $1,000 or more and all business gifts of $2,000 or more will be included on a plaque in the College Street vestibule; 3.) gifts of $10,000 or more will get special recognition including collections and rooms name. in honor of the donor. The plan was approved. Bovbjerg/Cox, unanimous. Connie Tiffany and Dewey McGuire presented the material and issues related to Channel 20. The recommended policy.revisions primarily reflect the reality of what the Channel is doing now versus the ideas of what it might do when the policy was first adopted in 1980. The background memo explored the image of the library current programming projects to the community and the potential the Channel has for extending library services and the library's image if more resources or better equipment were available. Despite an objective in the 5 -year plan to °improve the use of Channel 20 to fulfill library priorities" the Board admitted they were relatively unfamiliar with Channel 20 programming. The program guide for January was distributed and members will watch some programs during the month. They also asked that they be given quarterly updates on Channel 20 including a tape of program excerpts. Following the discussion the revised policy was adopted. Bovbjerg/Pegnetter, unanimous. Eggers explained that the Board has not had a formal public relations policy for over ten years but they had requested that one be developed when the by-laws were revised and a system of policy review was adopted in June, 1984. Most basic public relation functions are currently being carried out through the ,✓ library's operating principles,5-year plan and the job descriptions of the Director and the Community Services Coordinator. There has never been an annual plan and'a specific budget for public relations as outlined in the proposed budget. After a discussion on which parts of the proposed policy were optional versus obligatory, it was decided to revise it by making the statement on the annual plan (701:3) a separate sedtion and changing "shall" to "should" in that paragraph. The following section would become 701.4 and would be the same as before except for the moving of paragraph A to stand alone as 701.3. Policy adopted as revised. Willis/Bovbjerg. The December 16 meeting with the City Council was reviewed. It was decided to meet again on the budget in early January after the memo requested by the City Council is received from the City Manager. A 7:00 a.m. meeting time was suggested. There was not an agreement on what the understanding with the Council was beyond their reaching consensus that the amount of library -generated revenues should not be the criteria for determining the amount of property tax the Council allocates to the library and that generally the Library Board should have exclusive control of library -generated revenues. Whether this latter concept required any accounting changes was not determined. Meeting was adjourned at 5:55 p.m. MINUTES HISTORIC PRESERVATION COMMISSION WEDNESDAY, DECEMBER 18, 1985 - 7:30 P.M. IOWA CITY PUBLIC LIBRARY - ROOM C MEMBERS PRESENT: Cooper, Nowysz, Champion, Jones MEMBERS ABSENT: Wagner, Hayes, Vanderwoude STAFF PRESENT: Moen, Manning CALL TO ORDER: Chairperson Nowysz called the meeting to order at 7:45 p.m. APPROVAL OF 14INUTES OF NOVEMBER 25, 1985: Cooper moved that the minutes of November 25, 1985, be accepted as presented. Champion seconded the motion. The motion carried unanimously, 4-0. PUBLIC DISCUSSION: There was no public discussion. 1985 HISTORIC PRESERVATION AWARDS PROGRAM: Moen distributed posters announcing the program, adding that the posters were distributed to local businesses, including painting firms and lumber compa- nies. To further advertise, Moen sent letters to approximately twelve poten- tial applicants earlier in the month. It was .suggested that extra applications could possibly be sent to local architects. To follow up the potential applicants, Nowysz asked if Moen would phone the applicants and remind them of the program. Moen agreed. Moen continued, mentioning a tentative date of January 22, 1985, at 7:00 p.m. for the program. She listed possible panelists including Robert Harvey, Iowa State University Professor in Landscape Architecture. Judy McClure, archi- tect with the State Office of Historic Preservation, suggested Jim Jacobsen, State National Register Coordinator, and Ralph Christian, State Office of Historic Preservation. Local persons considered included Frank Seiberling, David Arbogast, and Pat Eckhardt. Moen questioned the Commission on its feelings regarding the use of local judges. Nowysz recommended that Todd Mozingo of Indianapolis, Indiana be contacted. Moen agreed to do so. Moen offered to accommodate two guests and Nowysz added she could also offer accommodations. - Moen discussed the procedures followed with last year's program: 1) applica- tions were mailed to judges prior to the day of the program; 2) after judges arrived in Iowa City, each site was viewed; 3) judges returned to the Plan- ning Department where sites were reviewed using slides; 4) judges had dinner with Commission members and discussed particular aspects of the application sites; 5) 7:00 public meeting showing slides of sites and projecting applica- tion information; 6) announcement of winners after a break in the program. G Historic Preservation Commission December 18, 1985 Page 2 Moen reminded Commission members that applications are due January 6, 1986. DISCUSSION OF PRESERVATION PROJECTS AND ACTIVITIES FOR 1986: Moen stated the Commission's need to clarify its direction. With cutbacks in the City budget, the Commission may also need to consider private assistance. Nowysz mentioned two possibilities for fund raisers, one being a house tour. The second centered on discussion from earlier this year concerning the local chapter of the American Institute of Architects' interest in establishing a program in area schools. Production of a play on architectural components in coordination with appropriate departments in the University such as the Art Department, the Playwrights Workshop, and the Theatre Department was dis- cussed. Private funds of about $50,000 would be needed for this project. The production would be a local asset, which could be performed state-wide. Champion also felt this to be a good idea, contributing that the Extended Learning Program (ELP) in the schools which presently utilizes University resources and people could be an avenue utilized to implement this proposal. Another possible source of funds according to Moen is the Iowa Community Cultural Grant program, with awards of matching funds. Champion felt the ELP is the best mechanism to work the idea and volunteered to contact Moen at a later time with more information. COMMISSIONERS' REPORTS: Champion informed the Commission that Summit Street Christmas Caroling would be held on Thursday, December 19, 1985. Moen presented five site inventories of homes being considered for housing and rental rehabilitation assistance. The sites include: 930 East College 1015 Muscatine Avenue 942 Iowa Avenue 918 East Bloomington 718 Rundell Nowysz asked how the Commission could enforce the use of appropriate materi- als such as half -round gutters, wooden storm windows, etc. Moen felt this could be specified in the inventory accompanied by Nowysz's signature. ADJOURNMENT: Champion moved that the meeting be adjourned. Jones seconded the motion. The motion carried unanimously and the meeting adjourned at 8:20 p.m. The minutes were submitted by Linda Manning. MINUTES PARKS AND RECREATION COMMISSION DECEMBER 11, 1985 MEMBERS PRESENT: Willis, Steinbrech, Jennings, Watson, Hradek, Jordison and Weideman MEMBERS ABSENT: Alvarez STAFF PRESENT: Carroll, Howell, Harvey and Moran GUESTS PRESENT: Fred Riddle; Ellen Martin; Terry Hora; Dee VanderHoef, representing Iowa City Community School District RECOMMENDATIONS TO THE CITY COUNCIL Moved by Steinbrech, seconded by Hradek, that the City's priorities are basic- ally the same as those expressed by the School District concerning the joint pool facility, however, it is strongly recommended that a recreational/gymnasium area be included in the facility. Unanimous. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN Moved by Jennings, seconded by Jordison, that the minutes of the November 20 meeting be approved as written. Unanimous. PUBLIC DISCUSSION Willis presented certificates of appreciation to Dr. Riddle and Ellen Martin. Hradek said she had had several inquiries concerning the ice conditions on the ponds at City Park. Howell said the freeze -thaw conditions prevented clearing the surface with snow blowers and that the ice is unsafe in spots because it isn't completely frozen. Hradek added that there is support of a downtown ice rink. Willis opened discussion on the proposed joint use facility. Jordison, Chairman of the Needs Committee, said the planning committee is comprised of eight representatives from the School District and the City and is co-chaired by Mary Neuhauser and Jordison. The Committee's responsibility is to develop a plan to take back to the boards for approval by February 15th. RFP's were sent to architects requesting bids and have been received back. The Committee will be meeting the week of December 16th to review the bids, prioritize a list, and identify three or four bidders to interview. The selection process will follow shortly after the meeting. The Committee has been divided into two sub -committees: (1) to work on the legal/ administrative matters; and (2) to identify needs. The same kinds of committees have been formed with the City of Coralville, with Diana Lundell and Jordison serving on both committees. The Committee has considered to what extent the efforts of the Iowa City and Coralville committees should be integrated at this preliminary planning stage. In context of this integration question, the Committee discussed whether the community at large should have one large regional competitive quality pool and one local competitive quality pool. The Committee finally determined that each community should appraise its needs separately at the initial design phase, but possibly coordinate efforts at a later stage. PARKS AND RECREATION COMMISSION MINUTES DECEMBER 11, 1985 Page two Mike Moran outlined the City's priorities as follows: (1) recreational; (2) instruc- tional; (3) handicapped accessible; and (4) special interest groups. The recrea- tional facility could include a 25 meter by 25 yard L-shaped pool; diving well; locker rooms; handicapped accessibility; deck space equal to at least double the water space; and shallow areas less than three feet in depth. The instructional facility would include a 60 foot wide by 25 meter or 25 yard L-shaped pool; depth from zero to twelve feet; handicapped accessibility; locker rooms; deck space equal to double the water surface; and a spectator area to accommodate one -hundred people. The handicapped facility could include variable water depths from zero to four feet; accessible locker room facilities; deck space at least double the water space; hydraulic lifts; handicapped pool stairs and pool ramp into the water. The special interest groups facility could include a 25 meter by 25 yard L-shaped pool; diving needs and competitive needs similar to the School District's; a spectator area to accommodate three -hundred people; eight lanes, 60 feet wide; and underwater speaker and lighting. Steinbrech asked if these needs were included in the RFP's and Moran answered that the RFP specifies an indoor aquatics facility with the possibility of adding a recreation facility. These needs will be addressed when the architect has been chosen. Dee VanderHoef said the School District's priorities are: (1) instructional; (2) handicapped accessible; and (3) competitive. Dee stated that some design needs for a competitive pool would be as follows: six to eight lanes; a one -meter board for diving; a spectator area to accommodate three -hundred people; an underwater communication system; in equipment room'to store starting blocks, lane lines and miscellaneous items; a storage closet; weight room equipment; scoreboards; touch pads; and separate locker room facilities for the school swim groups. She said that in order to meet the instructional, handicapped and competitive needs that a larger facility would be needed. A competitive aquatics facility at the high school level would be $1 million and $2 million at a regional/national level. VanderHoef said that Iowa City is a very marketable area for a competitive facility because the midwest doesn't have such a site. The closest competitive facility is in Rochester, Minnesota. Steinbrech asked why City Park pool couldn't be utilized and VanderHoef said it was adequate for Iowa swimmers, but not for national swimmers. She added that the higher level of competition should be provided by the City, not by the School District. Willis asked Commission members to prioritize needs on a scale of one to ten.' After polling all Commission members, the following prioritization was established: (1) recreational swimming 10; instructional 9.5; team sport/gymnasium facility 9.3; handicapped accessibility 9.2; competitive facility for school needs 8.2; competi- tive facility for regional/national needs 5.8; aerobics 5.2; racquetball 4.8; weight room 4.5; and public meeting rooms 4.3. There was considerable discussion concerning criteria for the facility and the expense of building two facilities. Commission members expressed their concern about Mercer Park pool in relation to the joint facility. Abandonment of the pool diminishing total pool area, the implication of double operating costs, and the public's perception of closing a pool were real concerns. 73 PARKS AND RECREATION COMMISSION MINUTES DECEMBER 11, 1985 Page three Moved by Steinbrech, seconded by Hradek, that the City's priorities are basically the same as those expressed by the School District concerning the joint pool facility, however, it is strongly recommended that a recreational/gymnasium area be included in the facility. Unanimous. CHAIRMAN'S Willis reported that he had met with Rosemary Vitosh, Finance Director, to discuss the Recreation Division's deficit for FY85. The Division's expenditures budget had not been overspent, however, anticipated revenue did not equal projections, necessitating property tax allocation to compensate for the revenue shortage. T Carroll reported that there had been minor changes made in the proposed FY87 budget and that she was continuing to meet with Finance. The FY86 budget cuts are on an individual department/division basis, not across the board. The department's budget cuts included $4,000 for Recreation Division capital equipment and $10,000 for parkland acquisition. The Finance Department has requested that the City Council not authorize parkland purchases until the budget crunch has been resolved. DIRECTOR'S REPORT Carroll reported that Dr. Sprague, Iowa City Rowing Club, is proceeding with the Legal, Planning and Engineering Departments to determine whether construction of the proposed boathouse at Crandic Park is feasible. The site is not in conflict with Project GREEN'S proposed nature trail. The City Council has decided to enforce the cottonwood ordinance as it relates to the removal of trees. The City Forester will enforce the ordinance on a complaint basis. Hradek asked why the proposed Cemetery fee increases are either doubled or close to being doubled. Carroll answered that there had not been a fee increase since 1979. Jim Wonick, Oakland Cemetery, had used a strict formula to figure the amount of labor entailed, and the proposed fees are comparable to area cemeteries. Moved by Steinbrech, seconded by Jennings, to adjourn at 9;25 p.m. � t Dee Harvey, Secreta y Parks and Recreati Commission '7`13 r .......... ..A...,..... _<.. SuaTzer Tb Orb APA"M MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION TUESDAY NOVEMBER 17, 1985 - 8:00 A.M. CIVIC CENTER COUNCIL CHAMBERS PRESENT: Terry, Ehninger, Twaler, McGuire ABSENT: Johnson EXCUSED: Johnson STAFF PRESENT: Shaffer, Hess, Helling, Brown OTHERS PRESENT: Blough, LeValley, Scott of Heritage, Tiffany from Library, Beeson from University RECOMMENDATIONS TO COUNCIL: The BTC accepted and recommended two ordinance amendments to Council. These amendments concern requiring Heritage to document subscribers' requests for cable service and a penalty for not providing service within the timeframes set out in the cable TV ordinance. These amendments will be sent to the Council in the Triannual Review Report. MATTERS PENDING COUNCIL -COMMISSION DISPOSITION: Triannual Review Report, 5% franchise fee/NPO contractual issues with Heri- tage. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The BTC approved three sets of minutes from the three October meetings of the BTC. Helling reported that the City Attorney was ready to meet with the City Manager on the matter of the 5% franchise fee and the NPO. The BTC requested a representative be present at any subsequent meetings on this subject. The BTC approved the Triannual Report as submitted by Shaffer. Concerning the cabling of City Block 81, Blough was requested by the BTC to give them a written account of all the options Heritage has pursued to get that block wired, and what options still exist. Heritage proposed several cable ordi- nance amendments, which the BTC did not take any action on, but proposed that Heritage refine the language of those amendments and submit them directly to Council. Shaffer reported on progress made on the Performance Standards for Channel 26 and the Community Programming Center (CPC). Shaffer said he will have ten interns from the University of Iowa next semester, and will be attempting to provide more coverage of City events and activities. The County Board of Supervisors has expressed interest in having Shaffer speak to them about how cable could be used in the new County Building. Heritage stated they are selling decoders for satellite dishes now and will be selling satellite dishes in the future. In addition, he said, Heritage will be testing the cable service Bravo in the near future. If Bravo appears to be a viable service from these tests, it will be added to the Iowa City lineup. Bravo is an arts channel, and would be sold as a pay service for $4.95 per month. The BTC approved two amendments to the Community Programming Guide- lines for Public Access Channel 26 and the CPC. C 1. MINUTES BROADBAND TELECOMI4UNICATIONS COMMISSION NOVEMBER 17, 1985 PAGE 2 MEETING CALLED TO ORDER: i Meeting called to order at 8:08 a.m. ANNOUNCEMENTS: j There will be no December BTC meeting. Terry was asked to speak on Speaker's Corner program on Channel 26 and he accepted to speak on issues relevant to the BTC. Specifically, Terry spoke on the unwillingness of the Press -Citizen f to list the programs of the five local access channels in their TV Guide l section. Speaker's Corner is a show which anyone in the community can appear ' and speak for five minutes on Tuesday evenings at 6:30. Terry requested that T each Commissioner appear on the program sometime in the next year to speak on BTC related matters. Terry complimented LeValley and Scott for the work he i has done at the CPC. A letter was received from Tiffany also complimenting f LeValley and CPC staff. APPROVE MINUTES: BTC minutes of October 14 Triannual Review meeting, October 22 regular meet Ing and October 28, 1985, Triannual Review meeting were approved unanimously. PUBLIC DISCUSSION INCLUDING ANY UPDATES FROM ACCESS CHANNELS/SUPPORT GROUPS: Tiffany reported on new show from Library. Beeson reported on Channel 28. McGuire reported Access Iowa City is working hard on organizing the National Federation of Local Cable Programmers (NFLCP) regional cable TV conference, { which is to be held here in Iowa City next spring. UPDATE ON NPO/5% FRANCHISE FEE MATTER FROM NEAL BERLIN/CITY ADMINISTRATION: {{Yft Melling reported the new City Attorney had been spending time catching up on this matter. The City Attorney is now caught up on the matter and will be meeting with the City Manager and a few City staff. Helling stated that the City Manager will then be reporting to the BTC and the Council on recommenda- tions. Terry requested that he or someone from the BTC be present on subse- quent meetings on this topic, and that this matter be dealt with by a committee including a BTC representative. Ehninger reiterated that her feelings that action be taken on this matter, and that both the 5% franchise fee an the NPO be pursued. Hellin, stated that there should be progress to report at the BTUs January meeting. DISCUSSION AND POSSIBLE APPROVAL CONCERNING TRIANNUAL REVIEW REPORT II: Terry and Ehninger commended Shaffer for his work on the Report. Ehninger requested that future Triannual Reviews be conclude in a shorter timeframe. Terry requested that three things be included in the Report: he wants the t City Administration and Council thanked for their support for the work they r; have done and allowing them the latitude the BTC has in the budget process; Ifl C 1. MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION NOVEMBER 17, 1985 PAGE 3 he wants to see the City work towards a City wide communications system, making use of the cable system; he wants to ensure that the BTS and his staff are sufficiently challenged and interested to be kept in Iowa City. Terry made this a motion to be included in the Report, and this was unanimously approved. Ehninger moved to accept the Triannual Review Report, seconded by Terry. Unanimously approved. CITY BLOCK 81 DISCUSSION: Brown stated that it was his opinion that based upon the information received to date from Heritage, that they have created a "worst case" scenario in terms of what they have presented for costs and return on investment for the wiring of this block. Brown stated he would recommend Heritage present in written form to the BTC all the other options to wiring this block that Heritage has pursued, all that are available (such as aerial) and other than worst case scenarios as far as return on investment. Blough stated that the utilities have said there is no room for a cable feed in their existing conduit feeding this block. Mr. Duffy and Mr. Forbes were Mr. Blough's contacts with the utility company. No knowledgeable contact was made with the telephone company. Blough agreed. DISCUSSION/ACTION ON PROPOSED AMENDMENTS TO CABLE FRANCHISE: Brown presented draft language from Legal, at the BTC's request, for proposed amendments to the cable ordinance. The amendments set out how the cable company is to document any potential subscriber's request for cable service and a penalty for those not served within the timeframes set out in the ordinance. These amendments will be detailed in the Triannual Review Report and presented to Council in that Report. Blough discussed the difficulties he has in reaching some areas where a developer builds a dwelling unit at the farthest point away from the cable system first to attract buyers. Terry moved and Ehninger seconded that the proposed language drawn up by Legal be accepted and recommended to Council. Unanimously approved. (' Blough of Heritage proposed ordinance amendments as well. As part of the ( Triannual Review, the franchisee, Heritage, is allowed to submit such pro- posed amendments. Terry moved and Ehninger seconded that these amendments be i accepted and recommended to Council. These amendments included requiring developers to give Heritage deposit money before the cable line is extended t their subdivisions and that commercial subscribers requesting the cable service may be required to incur all costs associated with installation beyond 300 feet of the cable network. Terry withdrew his motion, upon advice from Legal and agreement from the BTC that there were substantial wording changes necessary in the proposed amendments. In addition there are ques- tions raised in these amendments, as to whether the City can require develop- ers to give deposit money to the cable company and whether requiring a K different cost formula for wiring commercial subscribers than for ordinary dwelling units would be a constitutional infringement. The BTC recommended to Blough that his legal staff work on the wording of these amendments and f propose them directly to Council. E 1 7t,4 MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION NOVEMBER 17, 1985 PAGE 4 PROPOSED CHANGES IN COMMUNITY PROGRAMMING GUIDELINES: Two amendments to the Community Programming Guidelines were proposed. One amendment involved the requirement of a Refresher Workshop to be taught by Heritage to those who cannot pass all of the test outs that are given at the time of check-out of the access equipment. The other amendment involved allowing the CPC the same holidays as those given City employees. Shaffer noted that the BTC should only rule here on whether the CPC could be closed on these holidays - not whether Heritage should give these days as holidays to their employees. This is an attempt to prevent burn -out on the part of CPC employees. Currently, the CPC staff has to make up all holiday time (there are no holidays - secondgranted e ed that these amendments bfranchise e t accepted wir this th Shaffer's additions. , Terry moveand Eh Amend- ments approved with McGuire dissenting. r BTC REPORT: Shaffer had no complaint calls in the last month - a first. Shaffer has been meeting with LeValley to develop Performance Standards for the CPC and Public Access Channel 26. The Equipment Surveys and Workshop Surveys are completed and will be implemented by CPC staff. The City video deck now located in the Library will be moved to the Civic Center, for easier access and check-out to departments. Terry asked Shaffer to write a memo to the new City Building Committee to indicate the possible uses of cable in this building. Shaffer reported his office will have ten interns this coming semester. He said this great response is the result of the intern financial incentive program and advertising on Channel 26, 28 and 29. Terry inquired if it would be possible havi sd in gdtheir meetings or events taped, withions the otesee thathhe willntenot be able to promise any videotaping, but decisions will be made on the basis of re- source availability and potential public appeal. Shaffer reported that the County Board of Supervisors has expressed interest in him coming to speak to the potential users of cable in the new County Building. f HERITAGE REPORT: Blough reported Heritage will be test marketing Bravo to determine whether to bring it to Iowa City in early 1986. Bravo would sell for $4.95 per month. Bravo is an arts channel. Blough stated Heritage is getting into the business of selling satellite decoders for $29.95 per month. Heritage will be getting into the business of selling and installing satellite dishes as well. NEW BUSINESS: ft Terry distributed McGuire's report on Grave's speech. The BTC received a w letter from Heritage, stating they didn't believe the security fund could be f used to replace or repair access equipment when it is not in working order. t 041 V-<:.:.:........n.......v.:......:...a+.....::......,r.: ,.................:.......................v.....v....v.v..:.....w...v. .! MINUTES i BROADBAND TELECOMMUNICATIONS COMMISSION NOVEMBER 17, 1985 f PAGE 5 Brown stated the City's position is still the same - that the security fund can be used for this purpose. Shaffer was asked to send a letter to the County Board of Supervisors pertaining to the use of cable TV in the new County Building. FA1311111N3 Moved by Ehninger, seconded by Twaler, to adjourn. Adjournment at 10:00 a.m. Respectfully submitted, Wm. Urffer, BTS ... MINUTES HISTORIC PRESERVATION COMMISSION WEDNESDAY, NOVEMBER 26, 1985 - 7:30 P.M. IOWA CITY PUBLIC LIBRARY - ROOM B MEMBERS PRESENT: Champion, Nowysz, Wagner, Cooper MEMBERS ABSENT: Jones, VanderWoude, Hayes GUESTS PRESENT: Pat Eckhardt, Mary Jepsen, David Jepsen, Bob Sierk STAFF PRESENT: Moen, Dittmer CALL TO ORDER: Chairperson Howysz called the meeting to order at 7:34 p.m. INTRODUCTIONS• Chairperson Nowysz introduced the new Planning and Zoning Commission repre- sentative, Ken Cooper. APPROVAL OF MINUTES: . Nowysz said on page 4 of the October 9, 1985 minutes, that "Nowysz" should be changed to "Champion" as the first word of the last sentence of the last paragraph. That sentence should read *Champion stated that a stoplight at the corner of North Dodge and Kirkwood would help reduce traffic on Summit." Wagner moved that the minutes for October 9, 1985 be accepted as corrected. Champion seconded the motion. The motion carried unanimously. REVIEW OF GOOSETOWN NATIONAL REGISTER HISTORIC DISTRICT NOMINATION APPLICA- Nowysz referred the Commission to the. Goosetown National Register Historic District Nomination application which was prepared by a consultant hired with Certified Local Government Funds. Nowysz stated the application was not in a form permitting it to be submitted to the State Office of Historic Preserva- tion at this time. She recommended that the application be improved. Moen agreed that the application was unacceptable and that it must be reworked. DISCUSSION OF THE 1985 HISTORIC PRESERVATION AWARDS PROGRAM: Moen stated that applications for the 1985 Historic Preservation Awards are due January 6, 1986. The awards program will be held January 22, 1986. Moen said she has letters which could go out to potential applicants as a way of encouraging individuals to apply. She read a list of potential applicants and asked the Commission for suggestions of other persons to contact. She said publicity for this event will begin the beginning of December. Wagner said she thought it would be a good idea to give an award to the group who worked to save Old Brick. Nowysz said the Historic Preservation Week in May might be a better time to honor those persons. Historic Preservation Commission November 26, 1985 Page 2 PROPOSED NORTH SIDE RESIDENTIAL HISTORIC DISTRICT - DISCUSSION OF SCHEDULE TO NOMINATE Moen suggested that in order to get the proposed North Side Residential Historic District considered by the Council in June, the Commission should begin the process of organizing North Side residents now. She said the North Side neighborhood needs to be activated, a presentation must be given before the Planning and Zoning Commission, public hearings must be held and the Council must give its approval before the nomination is complete. Pat Eckhardt referred the Commission to a copy of the survey and cover letter from the meeting packet, regarding assessing attitudes residents may have to the proposed historic district nomination. She said she and Sandy Eskin, a Woodlawn Historic District resident, would' like to conduct a door-to-door survey in the proposed district. That way they could meet each resident and personally discuss the proposal. Nowysz said, however, she wanted to make it clear that any support for this nomination must be generated from the neighborhood and not from the Commis- sion. She said that a petition would save more time and be just as effective as a survey since those persons who were in favor could sign a petition. Cooper asked why such a large district is being considered. He also said that interested residents should cone to the Planning and Zoning Commission meetings to voice their opinion. Eckhardt said persons in the North Side are used to go to Planning and Zoning meetings. Moen said that some of those persons, who either own or live in non -historic structures in the North Side area but who prefer to live in the North Side, need to also cane forth to speak in behalf of the district. She said this should be done in order to satisfy the concern of the Planning and Zoning Commission that there are a significant number of intrusions or non -historic buildings in the neighborhood and that it would be unfair to impose the regulations of an historic preservation overlay zone on those non -historic structures. Nowysz said that the Commission should send an information letter to the residents of the North Side area which would ask for input from the residents and also inform residents of the upcoming historic district nomination and schedule. DISCUSSION OF SUMMIT STREET BRICKS: Moen referred to the memorandum in the packet regarding the suggestion that the asphalt overlay on Sunnit Street be removed. Moen said that Chuck Schmadeke, Public Works Director, isn't opposed to the concept of removing the asphalt overlays but that he has concerns about what may be under the existing overlays. Schmadeke said that any new surface would have to be capable of handling present day weight loads and transportation needs. Moen said that it would also be likely that the cost of overlay removal would be assessed to Summit Street property owners. 45 Historic Preservation Commission November 26, 1985 Page 3 Nowysz introduced Mary and David Jepsen of 405 South Summit Street and Bob Sierk of 536 South Summit Street, who were attending this meeting to show their support for the effort to uncover the brick street on Summit Street. It was suggested that one of the most effective ways for residents in the area to voice their opinions regarding the removal of asphalt overlays or patchwork is to directly let their opinions be known to the Council. Moen said that then the Council may request recommendations regarding this issue from the Historic Preservation Commission as well as from the Public Works Director. Champion asked if any funds might be available to support this effort. Moen said that this project would not be eligible for the sources she is aware of but that she would check other sources of funds. Champion moved that the Commission support the Summit Street residents in their effort to have the bricks on Summit Street uncovered and help to make this effort financially feasible. Wagner seconded the motion. The motion carried unanimously. Sierk said he felt that the guidance of the Commission is important to an effort like this. Sierk asked the Commission what protocol should be fol- lowed. He asked if residents should directly contact the Public Works Direc- tor or go through some liaison. Moen said that it would be appropriate to inform the Public Works Director of the residents' intentions before approaching the Council. Sierk said residents are concerned about taking the right steps regarding this issue. COMMISSIONERS' REPORTS: Nowysz mentioned a potentially endangered house located at 215 East Church Street. She said the house is one room wide and may be demolished in order to provide parking for an adjacent apartment. Moen said there is a possibil- ity the hone could is considered a contributing structure to the North Side. Nowysz asked Moen to research this possibility further and report back to the Commission. Nowysz reported to the Commission on the Urban Environment Ad Hoc Committee meeting she attended. She said the list prepared by the Historic Preservation Commission at its last meeting was well received. She said the Committee had a question about the Historic Preservation Commission designating historic sites and what effect this might have on adjacent structures. She said this is something she would research. Nowysz mentioned that Susan Nathan will begin plans for the house tour in January. Moen said the preservation film will be completed in December and will be viewed at the December or January meeting. The next meeting was scheduled for December 18, 1985. *!F Historic Preservation Commission November 26, 1985 Page 4 ADJOURNMENT: Wagner moved that the meeting be adjourned. Cooper seconded the motion. The motion carried unanimously. The meeting adjourned at 8:48 p.m. The minutes were submitted by Kim Dittmer. MINUTES BOARD OF ADJUSTMENT NOVEMBER 13, 1985 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Barker, Fisher, Mask, Messier, Randall PRELIMINARY Subject to Approval STAFF PRESENT: Barnes, Beagle, Boyle, Malone, Milkman, Van Steenhuyse CALL TO ORDER: Meeting was called to order at 4:42. Barker welcomed Messier as a new member of the Board. CONSIDERATION OF MINUTES: Barker asked for a clarification of the word "dispension" on Page 8, Line 2 of the June 12 minutes. He asked that the word be corrected to "dispensing." Mask pointed out that her name was misspelled in several places in the August 14 minutes. Fisher asked for clarification of Page 1, Paragraph 2 of the October 9 minutes, "rules which construe on the rule change." Barker sug- gested that "construe on" be changed to "related to." Fisher also asked about Page 1, Paragraph 4 of the October 9 minutes, stating that this section is unclear. Boyle suggested adding the word "written" before the last word of the paragraph. Randall moved and Fisher seconded that the June 12, August 14, and October 9 minutes be approved, as amended. Motion carried, 4-0-1, Messier abstaining. VARIANCE ITEMS: V-8506. A public hearing on an application submitted by Kenneth E. Kallaus To permit a third dwelling unit in the RS -8 zone for property located at 712 E. Fairchild Street. (Continued from October 9, 1985.) Beagle reviewed the request from the last meeting. He introduced Pam Barnes and David Malone of the Department of Housing and Inspection Services (HIS), who were present to answer questions that the Board had from the previous meeting. Barnes said that her records showed that the property was first inspected by her in 1977. She inspected it as a duplex at that time. Fisher asked why the property was being inspected. Barnes stated that the upper floor apart- ment lacked a secondary egress (fire escape). Mask asked when the third dwelling unit was established. Mrs. Ken Kallaus rose to say that the unit was built by their son in 1970. Mask then asked Barnes if the third dwelling unit was occupied at the time of the 1977 inspection. She said that accord- ing to her records, the basement was vacant. Barker asked if the unit was inspected as a duplex. Barnes said yes; it was being inspected because of the lack of a fire escape to the second floor. Barker asked if the records showed that the basement was inspected. Barnes said that the basement was vacant and was not inspected. The first inspec- tion of the basement, according to her records, was in 1980. This inspection first brought the zoning violation to light. Board of Adjustment November 13, 1985 Page 2 Fisher asked if the basement unit had been inspected before 1977. Malone said no, that it had not been inspected since 1969 when the Kallaus' applied for a duplex use for the dwelling. He mentioned that he himself had not been in the unit before 1983, when he first cited them for building code and zoning violations. Mask asked if the Kallaus' were informed that they were not to improve the third dwelling unit after they had been cited. Malone read a letter dated October 9, 1980, from Terry Steinbach of HIS to the Kallaus' stating the violations and telling them not to improve. He said that other letters to this effect had also been sent. He also said that the letters were sent by certified mail with a return receipt. These letters covered both Housing Code and Zoning Code violations. Boyle asked which zoning violations were covered in the letter. Malone read these sections of the October 9, 1980, violation letter to the Board, which instructed the Kallaus' to either vacate one unit in the dwelling or remove one kitchen from the dwelling (thus changing the status of the residents of that dwelling from renters to roomers). Kenneth Kallaus rose to say that he had been confused about City regulations regarding zoning and habitability. He also claimed to have never received the letter that Malone had just read. Fisher moved that V-8506 be approved. Mask seconded. Randall said that he agreed with the staff's recommendation and felt that extending a decision until this meeting was very helpful. Barker concurred. Fisher said that he couldn't see how the application could pass the tests required for granting a variance. Mask stated that hearing the violation letters read clarified the issues for her; she felt that the hardship had been self-created. Beagle polled the Board. The motion failed, 0-4-1. (Messier abstained.) V-8507. Public hearing on an application submitted by Bill's Rentals for a valance to the sign regulations to permit a free-standing sign for property located at 105 E. Burlington Street. Milkman explained the sign regulations, stating that the ordinance prohibits a free-standing sign within a triangular area at street intersections, where the triangle's sides are 70 feet in length along arterial streets, and 50 feet along collector streets. Milkman said that the applicant ordered his sign in December of 1984, but did not receive it until May, 1985. On March 12, 1985, the City adopted a new sign ordinance which made the planned placement of the sign illegal. The applicant received and installed the sign without applying for a sign permit. I Milkman explained that the intent of the ordinance was to keep signs from i obstructing the view of drivers as well as to avoid anything that may dis- tract the driver's attention. She stated that the application failed the tests of unnecessary hardship because the applicant is unable to prove that E he cannot receive a reasonable return if he is not allowed to place the sign within the triangle. She also said that the applicant's situation is not unique, since other properties in the area must also follow the sign regula- 116 Board of Adjustment November 13, 1985 Page 3 tions. Although there are currently signs in the triangle at other nearby businesses, these are non -conforming uses and if these businesses are sold or - significantly altered, they will have to bring their signs into conformance with the sign ordinance. David Mozena, owner of Bill's Rentals, rose to say that on July 10, 1984, he was told by Woody Kendall of HIS that he should not apply for a sign permit until he received the sign, since the permits are only valid for six months. He said that he had planned to erect the sign on an existing concrete block which lay inside of the triangle area. He also said that he had spent sev- eral hundred dollars in modifying the sign. Since his lease was only to last for two more years, Mozena said that it would cause too much financial hard- ship if he were required to locate the sign somewhere else than on the exist- ing concrete block. Randall asked Mozena why he did not apply for a sign permit. Mozena answered that he did not want to apply until he received the sign, since the permit is only valid for six months. Randall asked if the sign was erected after Mozena was aware that its placement was illegal. Mozena said yes. BOARD DISCUSSION Fisher stated that the applicant is required by law to prove that placing his sign in accordance with the ordinance would deny him a reasonable return on his property. He said that the applicant had been unable to do this. Randall asked Mozena what the cost of the sign was. Mozena said that he had spent between $300 and $400 on it and could not afford to change it. Randall said that he was in agreement with the staff position in that the applicant had failed to prove that he would suffer unnecessary hardship in following the ordinance. Mask said the fact that the sign was erected in defiance of the sign ordinance was a critical point for her. Mask moved that V-8507 be approved. Randall seconded. Mask asked if there had been a visibility problem at that corner. Milkman replied that there had been no complaints. Milkman polled the Board. The motion failed, 0-5. V-8508. Public hearing on an application submitted by Sigma Tau Gamna Fra- ternity for a variance to the parking regulations to exceed the maximum permitted number of compact vehicle parking spaces, and to not expand to the physical limitations of the lot, for property located at 711 E. Burlington Street. This request is related to SE -8519. SE -8519. Public hearing on a request by Sigma Tau Gamna Fraternity to reduce T e - r—ont yard along Dodge Street for property located at 711 E. Burlington Street. This request is related to V-8508. Beagle explained the history of the case. The fraternity had recently con- verted the residence from a 10 -unit apartment building to a fraternity. With a lot area of 18,000 square feet, the maximum number of residents allowed in the fraternity is 33. According to the parking regulations, the fraternity Board of Adjustment November 13, 1985 Page 4 must provide 24 parking spaces by expanding to the physical limitations of the lot of which no more than eight spaces (one-third) can be designated for compact cars. Beagle showed a drawing of the applicant's scheme for meeting the parking requirements of 24 spaces. This proposal would require increasing the maxi- mum permitted number of compact vehicle spaces as well as allowing parking in the front yard along Dodge Street, thus making the variance and special exception necessary. The applicants hope to preserve the yard and oak tree east of the building for open space as well as for possible building expan- sion and have thus requested a variance to not expand the parking area to the physical limitations of the lot. Beagle made it clear that denial of the variance request would make denial of the special exception necessary, since both are needed to achieve the applicants' scheme of providing 24 spaces as required. He also displayed a drawing, prepared by staff, which showed 24 parking spaces conforming to the parking regulations. This proposal showed the parking area using most of the side yard on the east side of the build- ing. Beagle said that the applicant's request for a variance fails the test of unnecessary hardship. He said that the desire of the applicants to preserve the side yard does not show that they would not gain a reasonable return for the property if the parking regulations are followed. Beagle said the appli- cation also fails the uniqueness test because other multi -family dwellings in the area were allowed to develop only by meeting the parking requirements. Although the previous owner provided fewer parking spaces than required by the ordinance, staff does not see how that affects the new use of the resi- dence proposed by the applicant; therefore, the test of a self-imposed hard- ship fails. Beagle also explained that the applicant's proposal must be weighed against the public interest. He said that the Board must balance between preserva- tion of the side yard as open space and meeting the requirements of the parking regulations which are intended to keep down congestion on the lot and streets. Fisher asked for the staff report on the special exception request. Beagle explained that the applicant wishes to eliminate most of the front yard along Dodge Street, which would allow seven parking spaces in the front yard. Two of these spaces already exist by curb -cut and were a non -conforming use under the previous owner. These two spaces require backing out onto Dodge Street, which is prohibited by the parking regulations. To allow these two spaces, the applicants would have to file a separate variance request. Thus, the maximum number of spaces provided under the applicant's proposal is 22 by eliminating these two spaces. Beagle, stated that granting the request would be contrary to the public interest since the intent of the front yard requirement is to provide for adequate visibility, safe movement of traffic, and to maintain a uniform setback along city streets. He said that granting the request would be contrary to the intent of the parking regulations. Permitting vehicles to park in the front yard would increase clutter and be in conflict with uses of adjacent properties which only provide parking in the side or rear yards. r/ A ........... .............. .. Board of Adjustment November 13, 1985 Page 5 Randall asked if the requirement prohibiting the backing of vehicles out onto , the street also applies to non -arterial streets. Beagle said yes, but Milk- man added that the requirement does not apply to single-family uses. PUBLIC DISCUSSION Kevin Hanick of Lepic-Kroeger Realty, rose to speak on behalf of the appli- cants. He said that the proposal submitted by the applicants was not all -or -nothing, and that denial of the special exception could still allow 14-15 spaces if the variance were granted. Boyle stated that the law re- quires 24 spaces by expansion of parking to the physical limitations of the lot. Hanick said that the issue is defining exactly what the physical limi- tations of the lot are. Hanick said that the fraternity is willing to provide the required number of spaces, but wishes to retain the side yard and the oak tree. He said that the two spaces on the Dodge Street side of the building are safe because the traffic light on the corner controls egress and ingress. He asked if a three-foot diameter oak tree could not be considered as a limitation. He also said that the City's proposal may be a hardship on the other neighbors by bringing the parking lot closer to other properties. Nanc Stru , a Burlington Street resident, rose in favor of the application. e sa at the City's plan would bring the parking lot and the resultant noise closer to her home. She said that preserving the open space and the tree would be more consistent with the RNC -20 zone. Since the fraternity is the home of its residents, she felt that they should be able to keep the property looking more like a home, i.e., with open space provided. James Barfuss, of 802 E. Burlington Street, rose in favor of the application. e sarat a the applicant's plan hides the parking lot behind the building, thus making -the lot less unattractive. Mr. Collins, a Dodge Street resident, rose to speak against the application. Te sA aidTe—has seen several near accidents on the corner as a result of cars backing out of the parking spaces on the west side of the house. Hanick stated that the duplex and lot to the east of the property is also owned by the fraternity. Ile mentioned that expansion of the building may be needed, and that the space on the east is the best area to build. He also said that there is no record of accidents as a result of cars backing out onto Dodge Street. Barker asked if the parking lot could not be built around the tree. Beagle said that several configurations were tried, but none would be allowable under the parking regulations. Fisher asked why the staff did not consider building the parking lot in the duplex property that the fraternity owns to the east. Beagle replied that the duplex property was not part of the appli- cant's request. (Randall left at 6:40 p.m,) fail ........ Board of Adjustment November 13, 1985 Page 6 Beagle stated that there is no way to retain the tree. He said that the Board must consider if the tree is a physical limitation of the lot. He also - pointed out that as far as expansion of the residence the only possibility would be to expand into the east side yard, as it already exceeded the height limitations as provided by the Zoning Ordinance. BOARD DISCUSSION Mask comnented that the City's plan would not be consistent with maintaining clear "view lines" along Burlington Street. Beagle replied that the Board must weigh between the aesthetic merit of maintaining the open space and the requirements of the parking regulations. Mask asked if it was possible to determine if the minimum required spaces could be less than 24. Beagle said that if the lot were built only out to the location of the tree, then 16 spaces would be created. He said that if the Board rules that the tree is a physical limitation, then 16 spaces would be all that is required. Barker said that there are two issues to be consid- ered --if more than eight compact spaces can be provided, and if the parking area must expand to the physical limitations of the lot. Fisher said that he finds it hard to see how the applicant's request meets the requirements for granting a variance. Barker said that the tree is a major issue. Fisher asked if the Zoning Interpretation Panel should deter- mine the status of the tree as a physical limitation. Beagle replied that the Board of Adjustment could make that determination. Barker asked if the Board could consider the variance request itself, and then talk of the tree. Mask said she felt that she couldn't see how the request could meet the requirements for a variance whether the tree is a physical limitation or not. Hanick rose to say that only the two spaces on the west side of the building which require backing out are contentious. He said that otherwise, the fraternity's proposal can be made .to meet City regulations if the variance and special exception are granted. Fisher moved that V-8508 be approved. Mask seconded. The motion failed, 0-4. Barker asked Beagle to clarify the location of the parking spaces affected by the special exception request. Beagle said that five spaces are under con- sideration; the two spaces which require backing out can only be considered by a separate variance request. Beagle reiterated the staff's position, citing the public interest and general standards which have to be met if a special exception is to be granted. Hanick mentioned that the five spaces which are under consideration presently exist and will continue to be used. Mask moved that SE -8519 be approved 0-4. Messier seconded. The motion failed, 44 Board of Adjustment November 13, 1985 Page 7 Fisher asked if the tree is still an issue. Barker replied that the Board has the power to determine if the tree is a physical limitation, but did not , feel that this was part of the applicant's request. Fisher concurred. Mask asked if the tree issue couldn't be considered at this time. Beagle said that a decision by the Board of Adjustment regarding the tree should not create a precedent since such decisions can only be made on a case-by-case basis. Barker made it clear that making such a decision should be done in an orderly fashion, and that consideration of the tree should be part of a separate variance request. Hanick said that the direction the fraternity should take is not clear. Beagle suggested that they consult the Legal staff. Barker said that they may return to the Board with a different configuration where the tree is considered a physical limitation. He suggested that they work with the staff on this. Messier motioned for adjournment. Mask seconded. Meeting adjourned at 7:10. Steven J. Van Steenhuyse, Minute -Taker. Scott Barker, Chairman Karin Franklin, Secretary Board of Adjustment A1d I MINUTES IOWA CITY HUMAN RIGHTS COMMISSION SENIOR CENTER CLASSROOM MEMBERS PRESENT: Belle, Burnside, Barcelo, Doane, Felton, Farrant, Hawkins, Weilbrenner MEMBERS ABSENT: Reed STAFF PRESENT: Alexander, Klein RECOMMENDATIONS TO CITY COUNCIL: None. RECOMMENDATIONS TO CITY MANAGER: None. SUMMARY OF RELEVANT DISCUSSION: 1. The meeting was called to order at 7:30 p.m by Chairperson Burnside. 2. Hawkins moved to approve the minutes of September 23, 1985 and Barcelo seconded the motion. The motion passed unanimously. 3. In Conciliation: A. E/S S SO, 4-19-8402. Conciliation continues. B. E/S, 6-26-8405. Complainant has not responded to latest letter; Farrant will try one more time to set up a second meeting. C. E/R, 11-28-8401. Conciliation continues, parties to meet November 6. D. H/PAD, 5-24-8501. Complainant will decide this week whether to go any further with the complaint. E. H/MS, 6-21-8501. Team to meet with Respondent on November 6. I 4. In Legal: There are nine cases in legal. 5. Cases Opened: One case has been opened, a disability in housing com- plaint. 6. Community Education: j A. Klein reported that the Commission's new cable TV show, "A Civil Tongue" is underway, with the first show on the housing audit to be taped on October 31. She said the show would air the month of Decem- ber, with subsequent shows airing on a monthly basis as well, on channels 26, 28 and 29. Commissioners discussed topics for future shows. Barcelo said she would like to see attention paid to the Human Rights Commission September 23, 1985 Page 2 rights of immigrants and the impact of the Simpson-Mazzoli bill on Latinos, bilingual education in the Iowa City schools, and Asian people in Iowa City. Weilbrenner said a show educating people about what is or is not housing discrimination would be important, and that tapes should be made available to schools and other groups for educa- tional purposes. Commissioners agreed that we should strive to present all sides to the issues dealt with on the show. B. Alexander reported that she has done three speaking engagements in the past month, two to Human Relations classes at the University and one for Kirkwood on age discrimination. Klein will attend a meeting of Project Freedom at the UI on October 30. C. Public reaction to the housing audit has generally been favorable and landlords seem to have been fairly quiet about their feelings. Many people have said they were shocked at the results, while others say they were not surprised. Felton asked if we had thought of giving the report in person to the Apartment Owners' Association. Klein will ask Robert Hibbs if there is interest. 7. Old Business: Winners of the Human Rights Awards are Pat Meyer, Domestic Violence Project; Duane Rohovit, local attorney; and Moore Business Forms. Klein updated Commissioners on the work Moore has done on sexual harassment, disability, and sexism in the workplace and on their remodeling to access disabled workers. Burnside will attempt to reach ex-conmissioner Sue Futrell to ask her to present the Isabel Turner Award to Rohovit. Barceto will open after the Mayor's welcome with a speech on the state of civil rights in 1985. Klein will call June Cargyle and invite her to come. 8. New Business: A. Alexander and Klein each reported on information they have about businesses in town that discriminate against women. One, a cab company, told two women that they don't hire women. The others, a number of insurance companies, require prospective employees to fill out a "profile" form asking their marital status, number of children, income of spouse, etc. Staff thought some employment testing may be in order. The Commission thought a more positive approach would be to get all the facts together and call these businesses, inform them of what we know and its illegality, and discuss what they need to do from now on. Staff agreed to do this. B. Felton moved and Doane seconded a motion to meet at 7 p.m. rather than 7:30 p.m. The motion passed unanimously. Commission meetings will now be at 7:00 p.m. C. Commissioners expressed disappointment in some aspects of the Af- firmative Action Report. Barcelo said she would like to know what races comprise the "minority" category and both she and Doane recom- mended the inclusion of action steps and a timetable for reaching I ........ ........................,- �4 Human Rights Commission September 23, 1985 Page 3 goals. Felton asked whether anyone else on the staff besides the Personnel Director was aware of our feelings about the report. It was decided to send a letter to the City MAnager expressing our appreciation for the report and outlining our specific criticisms and recommendations of the last five years. Alexander will write the letter. 8. Staff Report The staff report was discussed. 9. The meeting was adjourned at 8:55 p.m. i-. MINUTES IOWA CITY RIVERFRONT COMMISSION WEDNESDAY, DECEMBER 4, 1985 - 7:30 P.M. IOWA CITY RECREATION CENTER, ROOM B MEMBERS PRESENT: Boutelle, Gerleman, Horowitz, Leo, McGuire, O'Brien, Wielert, Willis I MEMBERS ABSENT: Daly, Helmer, Wachal STAFF PRESENT: Rockwell, Beagle, Manning RECOMMENDATIONS TO COUNCIL: None. REVIEW AND APPROVAL OF NOVEMBER 6, 1985 MINUTES: The minutes were accepted as mailed with the following corrections: Gerleman, not Leo, made the motions on page 3, paragraphs 2 and 3, and the motion on page.. 3, paragraph 3, should read: recommend to the UNIVERSITY OF IOWA...," instead of "...recommend to the University Facilities Planning Committee." DISCUSSION OF RIVER WARNING SIGNS: Rockwell presented a letter from the Commission to be forwarded to Dan Ellis requesting University consideration of placing warning signs on University riverfront property between the Iowa Avenue Bridge and the Burlington Street Bridger Boutelle stated that a balance needs to be achieved so that the amount of clutter is limited, yet legal needs are met. O'Brien noted that it is a dangerous spot, and the danger needs to be pointed out. Boutelle remarked to the Commission that there are no sidewalks on the west side of the river from the Iowa Avenue Bridge to the Burlington Street Bridge, and that property belongs to the Iowa Department of Transportation. O'Brien related that he had contacted Senator Grassley's office and had understood that the Corps of Engineers had primary authority over.the river. Boutelle responded that as far as the warning signs were concerned, the Corps would only tell you if you were doing it right or wrong; they wouldn't put up the signs or pay for them. Boutelle considers student education concerning the river dangers and regula- tions as a constructive possibility. She also encouraged placement of arti- cles about the river regulations in local newspapers, especially The Dail Iowan. CONSIDERATION OF FY87 BUDGET PLAN: Rockwell reviewed the budget process timeline and explained the submitted Expanded Service Level (ESL) request. She added that further investigation of soliciting in-kind and cash contributions was warranted in view of the municipal budget deficit. Boutelle questioned whom these gifts would be Riverfront Commission December 4, 1985 Page 2 given to and asked what the City policy was on fundraising by City commis- sions. Horowitz stated that the Commission might consider setting up a foundation to acquire open space along the river. O'Brien wondered whether federal funds were available for riverfront projects. Boutelle suggested that Rockwell look into the various funding possibilities. McGuire suggested that the streambank erosion control booklet could be pro- duced and then sold at cost. Willis advised that the Commission run the booklet through Project, GREEN for funding if the Council turns down the Commission's ESL request. Horowitz returned to the idea of setting up a foundation, but Willis cau- tioned her saying that just completing the IRS form for a foundation is an extraordinarily difficult and long process. There is a substantial set-up Com time cost. Horowitz wondered whether the mission itself could do this. Willis said that it is done in the City already. For example, the library has fund drives and phone campaigns. O'Brien said that Project GREEN's support .was particularly valuable due to its respected visibility in the community. Gerleman conceded that in the short-term, small projects could be accomplished through various organiza- tional support, such as Project GREEN's, but' formation of a foundation would be best in terms of achieving long-term goals. O'Brien stressed the importance of cleaning up the banks of the river. He stated that the Commission could add to the City's beauty by starting a cleanup project, which would serve to promote the Commission and its goals. Gerleman agreed and pointed out that a project such as the improvements done along Rocky Shore Drive were a source of community pride. Horowitz urged the importance of cross -communication among the Planning and Zoning Commission, the Urban Environment Ad Hoc Committee and the Riverfront Commission in preserving riverfront properties. Leo commented that the fluctuating flows from the Coralville Reservoir make it hard to maintain the beauty of the riverbanks. Boutelle concurred and added that University experience has shown that the reservoir flow fluctuations had caused river- bank retaining wails to fall in the river. BRIEF REVIEW OF CURRENT FLOODPLAIN OVERLAY ZONING AND REQUIREMENTS: Barry Beagle. Beagle dis- of floodways and floodway intent and purpose of the City Zoning Ordinance. Rockwell introduced City planning staff member, tributed handouts illustrating the parameters fringthe RivereCorridor Overlay Zone, Sectle continued iono36-44nof the UPDATE ON RIVER REGULATION ACTION: Rockwell reported that the Johnson County Board of Supervisors had indicated interest in meeting with the County representatives on the Riverfront Commis- sion to discuss Iowa Commerce Commission adoption of special river regula- tions. The Supervisors have invited the., Commissioners to meet with them on Tuesda. Leo will notifyyWachalmand Da1y19he, at other County representatives, about:30 a.m. in the Federal s he meeting. 11,q Riverfront Commission December 4, 1985 Page 3 Gerleman reported that the Mayor of Coralville, Michael Kattchee, had tele- phoned to request that GerTeman, Coralville's representative on the Commis- sion, meet with the Council at their mid-January meeting. Rockwell announced that the Iowa Cit Council had Y given final approval on December 3, 1985, to the Riverfront Commission's recommended river regulation amendments to the City Ordinance. i REPORT ON RIVER WATER QUALITY SAMPLING: In response to Daly's request at the November 6, 1985, Commission meeting, Rockwell had made inquiries with both Dr. Don McDonald at the University of Iowa and Monica Wnuk at the Iowa Department of Water, Air and Waste Manage- ment (IDWAWM). Dr. McDonald stated to Rockwell that he knew of no regular water quality sampling done on the Iowa River in Iowa City downstream from the University water plant. Wnuk confirmed McDonald's statement and added that the nearest regular monitoring done by IDWAWM on the Iowa River is in Lone Tree. She recommended that odor complaints and other concerns about river water quality be directed to the regional IDWAWM office in Washington, Iowa. ELECTION OF OFFICERS: Due to the ending of Chairperson Willis' term on the Commission (January 1, 1986), Horowitz moved and Gerleman seconded the motion that Vice -Chair Lori. Leo serve as Acting Chair until the March 1986 Commission meeting when an election of officers will take place.' The motion carried un COMMISSIONERS' REPORTS: Bouteile reported from the Urban Environment Ad Hoc Committee that an article was presented to the Committee reporting a case in Minnesota where people have successfully sued former landowners who had filled land which killed trees on the property. She added that photographs served as important evi- dence in the case. It was felt important by the Commission that a joint meeting involving the Historic Preservation Commission, the Urban Environment Ad Hoc Committee and the Riverfront Commission be set up to discuss creating a foundation. Willis agreed that it would be expeditious for one foundation to serve several interests. i ADJOURNMENT: i The next Riverfront Commissionmeeting will be held February 5, 1986. The ( meeting was adjourned by acclamation at 8:55 p.m. The minutes were taken by Linda Manning. Mayor's Youth Employment Program . Minutes Board of Directors Meetinu_ December 18, 1965 Board Members Present: Bob Miller, Joan Jehle, Mike Kennedy, Jan Liggett, Ted Halm, Denise Tiffany, and Renato de Leon. Staff Present: Peg McElroy, Teresa Win I. Call To Order: Mike Kennedy called the meeting to order at 4:08 p.m. I1. Approval of Minutes: Minutes from the November 20 meeting were reviewed by the board. Ted Halm/Jan Liggett moved to approve them. MSC III. Financial Report - November 1985: Peg reported that the Summer Iowa Youth Corps account has been closed out. The only current activity is In the In -School Component account. Joan Jehle/Ted Haim moved to approve the financial report. MSC IV. Additional Agenda Items A letter of Intent is due in January for the Mental Health/Mental Retardation Grant. GWAEA work experience instructors Bob Miller and Kathy Green will provide technical assistance in preparing the grant request. The request will be In association with Independent Living and the Association for Retarded Citizens. These funds would be used to provlde.,supported employment for high school graduates that are not yet ready for unsubsidized employment. The 6 month review of the director for FY 1986 will be due in January. Peg will submit goals and objectives. She asked interested board members to serve on the review committee. Denise Tiffany and Jan Liggett agreed to meet In January to do the review. V. New Business Winter Break/MYEP Party MYEP's annual Winter Break Party will be held December 19.at the Rec Center. Board members are welcome to stop by and meet the students. Case Report Peg is now doing evaluations of many enro111ees. They are showing very good results. Current supervisors are able to give the young people a broad range of work experience. Board Member Replacement Advertising has begun In December to fill the position on the board left open due to Doug Bogenrief's resignation. Council approval will take place In January. VI. Old Business Ford Foundation Grant Peg has reviewed a copy of the Ford Foundation grant. Because this grant is normally reserved for governmental units she does not feel that it is approriate for Mayor's Youth to apply. Peg has turned the information over to COIC Planning and Program Development for their review. FY 87 Budget Hearing MYEP's budget hearing is set for December 18, 1985. Peg and Mike Kennedy will attend. The new MYEP brochure will also be passed out at the hearing. The brochure was designed by a student public relations group from the University (PRRSA). They plan to be involved with Mayor's Youth in other areas of public relations in the future. United Way Campaign United Way's fund raising is going well. They are approaching 100% of i their goal. i j Ted Halm/Bob Miller moved to adjourn the meeting at 4:30 p.m. MSC The next board meeting will be held January 22, 1985. V Joan Jehle, Secretary/Treasurer Teresa Ulln, Secretary I i l'h..vaaaa�aa YA.iaa.. :':.ca\:aai�avlanawi♦iii:�':: l..a `. aaaa ��H�wn�.rrv:�i/l:.n Y. Y.v:.va..1Y.m `.Y.NYAYM�.�.a� +' MINUTES COMMITTEE ON COMMUNITY NEEDS TUESDAY, DECEMBER 17, 1985 - 3:30 P.M. IOWA CITY PUBLIC LIBRARY - ROOM B MEMBERS PRESENT: Kubby, Lauria, Williams, Watts, Parden, Patrick, Leshtz MEMBERS ABSENT: Kuhn, Strabala, Cooper, Becker STAFF PRESENT: Nugent, Moen, Hencin, Barnes, Dittmer GUESTS PRESENT: None RECOMMENDATIONS TO COUNCIL: 1. CCN recommends that the City Council extend the acquisition date for the Miller/Orchard Parkland to February 18, 1986. CALL TO ORDER: The meeting was called to order by Chairperson Lauria at 3:30 p.m. APPROVAL OF MINUTES• It was moved by Leshtz and seconded by Williams that the minutes of November 19, 1985 be approved as written. The motion passed unanimously. DISCUSSION OF PROJECTS NOT RECOMNENOED BY CCN FOR 1986 COBE FUNDING: 1. Benton Street Culvert Replacement Project: Lauria said that, unofficially, the Council may include this project in the Capital Improvements Projects for FY87. 2. Economic Development Revolving Loan Fund: Nugent referred to the CCN recommendation made at the November 19 meeting requesting Council to research the revolving loan concept further. She added that she would contact Patt Cain regarding CCN's recommendation. 3. Grant Court/Center Street Alley Repair: Lauria recommended that a letter be written stating that although this project is needed, projects which were funded were found to have a higher priority. 4. Senior Center Volunteer Specialist: General consensus was that a volunteer should be used for this position. Cooper stated there are qualified persons volunteering at the Senior Center, at present, who could fill this position on a voluntary level. G ............... .....,.__w...,,r:::.......,. M, w.,,.......,.,, .. .. . . Committee on Community Needs December 17, 1985 Page 2 5. Water Pollution Control Chlorination/Dechlorination Equipment Project: Lauria stated that correspondence should be forwarded to Melody Rockwell as the staff contact for the Riverfront Commission. I I General consensus was that this project was not of a high priority for the Committee given other project applications this year. QUARTERLY REPORTS FOR DECEMBER, 1985: 1. Miller/Orchard Parkland Acquisition: Moen stated the City is still negotiating with the property owner on the sale of this land. Recent discussion has included consideration of contract zoning or the exchange of a certain portion of parkland for a rezoning of other portions of the tract. Lauria asked for a motion regarding the deadline for this project. Williams moved that all funds for the Miller/Orchard Parkland Acquisition revert back to CCN as of December 1, 1985. The motion died for lack of a second. Watts moved that the expiration date for the Miller/Orchard Parkland Acquisition fund be extended to February 1, 1986. Williams seconded the motion. Lauria recommended the due date be extended to the next CCN meeting on February 18, 1986. Watts and Williams agreed to this recommendation from the Chairperson. The motion carried unanimously. 2. Handicare, Inc. Transportation Van: Leshtz stated that Handicare, Inc, has moved to its new location on South Linn Street but still does not have its own van. He said the delays are due to: 1) a reevaluation by the D.O.T. to see if any other existing systems could fulfill the needs of Handicare, Inc. for transportation and 2) development of specifications for a 15 -passenger van. Leshtz said bid openings are about to be posted. DISCUSSION OF THE CITY COUNCIL'S INVESTIGATION OF THE CITY'S PUBLIC TRANSIT Kubby stated that at the next formal Council meeting Item 31 would be devoted to discussion of the transit situation. She said the proposed options in- clude 1) keeping the same routes but increasing headways from 30 minutes to an hour, 2) the cutting of lower use routes, 3) increasing fares, and 4) an increase in tax levies. She commented it was good that no routes would be cut at this time by the Council because a.reduction in service would have a direct impact on low to moderate -income persons in the community. .5 Committee on Community Needs December 17, 1985 Page 3 Lauria discussed the idea of the City imposing library fees for the use of the Public Library, in light of its E1 million budget. He said this could then free up money for transit. Kubby commented that the City needs to explore ideas for increasing rider- ship. She said the City could follow a low cost promotional campaign easily. Hencin referred to the CDBG Contingency fund. He said staff has been asked to indicate to Council what, if anything, should be done with this fund. He said staff will be recommending that no action be taken until the City's grant is actually approved by HUD, as there may be some additional cuts next year due to the Gramm- Rudman Budget Reduction Act. Williams said the Willowcreek Neighborhood Center's van doesn't have the correct handicapped security equipment. He said it may be a good idea for the Center to contact Systems Unlimited or SEATS to see if they may have some extra equipment. Nugent said that those persons on the Committee whose terms are expiring need - to reapply immediately if they are interested in extending their terms as appointments will be made by the City Council on January 28, 1986. The meeting was adjourned at 4:20 p.m. Minutes were submitted by Kim Dittmer. 56