HomeMy WebLinkAbout1983-03-15 Bd Comm. minutesMINUTES
IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES
REGULAR MEETING
FEBRUARY 24, 1983 4:00 P.M.
ADMINISTRATIVE CONFERENCE ROOM
MEMBERS PRESENT: Bartley, Bovbjerg, Cavitt, Drum, Grimes, Gritsch, Lyman,
Wallace, Zastrow
MEMBERS ABSENT: None
STAFF PRESENT: Eggers, Jehle, Tiffany, Craig, Spaziani
OTHERS PRESENT: County Supervisors Don Sehr, Dennis Langenberg, Richard
Meyers; County Attorney J. Patrick White; Library
Foundation President Lynda Ostedgaard; Library Foundation
Coordinator Pat Forsythe; Library Practicum Student Jackie
Miller; FRIENDS Representative Ann Bagford; media
representatives
President Zastrow convened the meeting at 4.05 p.m. by introducing members of
the Library Board and many of those attending the meeting including County
Supervisors Sehr, Langenberg and Meyers and County Attorney White.
On a request by Zastrow, seconded by Grimes, the agenda as published was changed
so that Item VII.A, FY84 fee for library service to rural Johnson County, was
taken up first.
The Supervisors asked several contract -related questions: how was the Iowa City
per capita expenditure computed; why the new building costs and a chargeback for
City administrative costs should be included in the fee; how to explain the
difference between the $107,600 requested by the Library Board and the $97,000
estimated receipt in the City's proposed budget. They pointed out that the
Supervisors had never agreed in writing to the formula used to compute the fee.
They also emphasized that their proposal was a 10% increase and was more than
twice the amount of increase they were giving any department of the County.
Board members responded that they have presented their annual fee in terms of
some version of this formula since FY79. Each time full figures on how it was
computed were included.
Eggers explained how receipts were estimated. The City makes the final decision
about how much to budget for revenue sources after hearing library estimates.
The Library's budget would not directly be affected by more or less funds from
the county since these are paid directly into the City's General Fund and the
library can spend only the amount allocated to it by the Council through the
annual budget process.
The Iowa City per capita expenditure is the operating budget minus fees,
contracts and other miscellaneous income plus the library's share of city
administrative costs and the year's debt service costs for the new building
divided by the Iowa City population. The new building surcharge is a flat fee
spread over 40 years. It is the total building cost times the county's average
circulation for the past ten years divided by 40.
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February 24, 1983
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The Supervisors felt the increases in the fee - 400% since 1977, 33% this year -
were much too high, higher than fees paid by other counties in Iowa for library
services.
Zastrow replied that 1) more than dollars must be compared between counties
because of the different quality of library services offered, and 2) in 1981 the
Library Board accurately projected fees for four years and predicted that
because of new building costs and expected heavy increase in use, the county's
FY84 fee would be somewhere between $95,000 and $122,000. This data was given
in writing to the Supervisors in 1981.
The greater distance from the library for some rural residents was discussed.
The Supervisors felt it was unfair to levy the same tax for library service
against residents of River Heights, for example, and those living in the far
corners of the county. It was pointed out that this was the reason the fee was
computed on the basis of actual use (circulation) not on a per capita basis. The
library staff said, while those living close probably use the library more,
there was ample evidence that library card holders live in all parts of the
county.
President Zastrow said the issue was one of fairness to Iowa City taxpayers, not
what the city may have estimated as a receipt or how much the fee increased in
any one year. Use by rural residents has increased 71% since 1978, 20% in 1982
alone. Circulation to Iowa City residents increased only 25% in the same five
year period.
Zastrow expressed the Board's displeasure with the Supervisors for not
addressing the Board's December 1, 1982, budget proposal until the eleventh hour
and then limiting the opportunity for negotiation by publishing a budget figure
$17,600 below the Board's proposed fee.
County Attorney White suggested that the budget process should be insti-
tutionalized so that this kind of impasse does not happen again. Each body
should follow an agreed-upon budget schedule so that differences are resolved
before budget deadlines arrive.
Zastrow explained that because of the supervisor's action limiting the amount
available for the fee, there was no need to make a decision at this meeting, and
the Board would confer with the City Council before making a decision on whether
to accept or reject the supervisors' $90,000 figure.
The Board returned to its regular agenda. The minutes for the January 27, 1983,
meeting were approved. Bartley/Lyman. Minutes from the Planning Committee for
February 8 and February 22 were reviewed. Disbursements for February 1 and
February 15 were approved. Gritsch/Bartley.
The Director reported on the following:
1. The FRIENDS are considering a gift of approximately $10,000 for FY84. They
are presently considering a list of gift options prepared for their
February meeting.
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Library Board of Trustees
February 24, 1983
Page 3
2• The staff is beginning a project to address the issues of microcomputers
vis-a-vis the library: inventory and develop staff skills; plan additional
internal applications for micros already owned; begin to explore the issue
of providing public access to micros and to microcomputer software. All
matters related to micros will be coordinated by the Technical Services
Division. More detailed reports will be prepared as the project
progresses.
The President reported on his attendance at the Iowa Library Association (ILA)
legislative committee meeting in Des Moines, February 4
and his bortive
attempt (because of bad weather) to attend ILA's reception forIowa legislators
on Febraury 5. He announced that Charles Drum would be the Board's
representative to the American Library Association's annual conference in Los
Angeles, June 25-28.
ZastrOW recognized FRIENDS'S representative Ann Bagford. Bagford reported that
the first of two used book sales held February 19 netted $1,000. Over 500 people
attended the five hour sale held in the library's garage. The sale required a
minimum of preparation and clean-up time. The second sale is scheduled for
Febraury 26. The FRIENDS are investigating the sale of postcards of interior
andexterior shots of the library. Photographer John Zelinski has volunteered
his services.
Because Planning Chairman Cavitt was unable to attend the February 22 Planning
Committee meeting, Eggers made the report.
and most groups will holSubcommittee assignments were made
d their first meetings the week of February 28. In
addition to Planning Committee members, Board members Gritsch, Lyman, Grimes and
Bovbjerg and eight staff members have agreed to participate in the work of one
or more of the six subcommittees. A resource packet and instructions h
distributed to each person new to the Planning Committee, ave been
Lynda Ostedgaard, President of the Iowa City Public Library Foundation Board of
Directors, made a report for the Foundation. The Foundation's fiscal year will
end March 31, the same time as the terms for Board members. Margaret Lainson
will be replacing Ostedgaard who is resigning. Randy Bezanson and John Koza
have agreed to serve a second term. Other terms do not expire this year.
Ostedgaard reported that the Foundation Board will be working on their five year
goals at their March meeting. She said that the Foundation Board needs
direction from the Library Board about the relationship between the Foundation
io
and the library. Based on issues brought up at the last Foundation meeting
,
Ostedgaard, Zastrow and Eggers met recently and developed a resolution that she
asked the Board to consider:
I. The library will provide office space for the Foundation.
2• The Board approves library staff involvement in a limited number of
Foundation or Foundation/Library activities and programs as long as
these activities are planned as part of the Board and staff's annual
goal -setting process.
3• The Board and Foundation will develop a more detailed "operating
agreement" by
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February 24, 1983
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In response to questions by Library Board members, Eggers said that at this time
the apparent best space for the Foundation office would be the second floor
study room. However, a systematic analysis of other alternatives has not been
made. As for the impact on staff, she felt the Foundation already was requiring
some staff time, and that a joint planning process would enable the library to
control the degree of staff involvement and in addition allow the Foundation
staff to assist in meeting some of the goals of the library, especially in the
area of providing public information about library services.
In separate votes, the Library Board approved Item N1 (Lyman/Grimes), then Items
2 and 3. Lyman/Grimes. Item 3 was revised to read, "The Board and Foundation
will develop a more detailed operating agreement within one year."
Agenda Item VII.B, Impact of Gift Funds on Level of Service, was postponed until
the March meeting.
The Board considered and approved staff recommended changes to the meeting room
policy. The first change, to allow groups to sell publications, buttons, etc.
related to their programs, was approved first. Bartley/Cavitt. The Board
expressed some reluctance about the second change, to allow such sales in the
lobby if the general use or group meets library requirements for lobby use. It
was approved for a six months trial period. Wallace/Lyman.
The meeting was adjourned at 6:05 p.m.
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MINUTES
BROADBAND TELECOMMUNICATIONS COMMISSION
JANUARY 11, 1983 4:00 P.M.
CIVIC CENTER CONFERENCE ROOM
MEMBERS PRESENT: Madsen, Eskin, Terry, Ehninger, Johnson.
MEMBERS ABSENT: None.
MEMBERS EXCUSED: None.
OTHERS PRESENT: Susan Depringer of the Iowa City Public Library; Ann
Mittman of the Cedar Rapids Gazette; Jerry Franciscl
of the Daily Iowan; Anita Benda-Stech.
STAFF PRESENT: Shaffer, Brown, Helling.
RECOMMENDATIONS TO COUNCIL:
None.
MATTERS PENDING COUNCIL -COMMISSION DISPOSITION:
Government channel 29 cablecasting guidelines.
MEETING CALLED TO ORDER:
Meeting called to order at 4:10 p.m.
MINUTES:
None.
SUMMARY OF DISCUSSION ANO FORMAL ACTION TAKEN:
The BTC reaffirmed their policy recommendation drafted in July of 1982
concerning the required extension of the cable network to housing areas,
Section 14-78(to ex of Ordinance 78-2917. A letter from the BTC will be
sent by Terry to express this affirmation to Blough and ATC. This action
is in response to a letter from Blough on behalf of ATC received December
14, 1982, requesting this policy include a minimum density clause figure.
The BTC rejected this idea.
The BTC will also send ATC a letter intending to clarify what they propose
their extension policy should be (Section 14-78(8)(2)).
ANNOUNCEMENTS:
Terry announced that regional manager Jerry Yutkin has left ATC and that
Kathy Cance in Denver will be acting regional manager until a replacement
is selected.
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Broadband Telecommunications Commission
January 11, 1983
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EXTENSION POLICY OF CABLE TO NEW AREAS:
The topic of consideration is the required extension of the network,
Section 14-78(B)(1) of Ordinance 78-2917. This section reads as follows:
Section 14-78. Extension of Network.
(B) Extension of Network Within City Boundaries:
(1) Conditions of Required Extension: The grantee shall at
its expense within a reasonable amount of time extend its
broadband telecommunications network so as to provide full
network service to all residents of:
a. Newly annexed areas of the city not been served by a
broadband telecommunications network, or
b. new housing areas developed within the city limits,
or
C. any resident dwelling within the city limits and
within two hundred (200) feet of an existing network.
The BTC had developed a recommendation on the "reasonable time" portion of
this section in July of 1982. No action had been taken on this
recommendation due to ATC's awaited response to this recommendation,
which was received December 14, 1982.
Terry said that ATC appears to agree with all aspects of this recommenda-
tion with one exception. ATC's objection is that there is no minimum
density clause per mile figure included in the BTC's recommendation. (A
copy of the letter from Blough may be obtained from the City Clerk's
office. This letter is dated December 14, 1982.) ATC's concern involves
having to extend the cable network into very sparsely populated areas that
are non-contiguous to the network and possibly miles away from the
network. Terry said that there appears to be three alternatives the BTC
could select from at this time, including: recommending the Council
support the policy interpretation of the BTC in its current form;
including a minimum density clause figure in this recommendation as ATC
requests; or to include a waiver clause in the policy allowing Nawkeye to
appeal to the BTC in the case of an economically burdensome or
unreasonable situation.
Madsen clarified that what the BTC is concerned with here is the
conditions of required extension, not the extension policy. Brown
confirmed this.
Madsen indicated there seems to be an attempt by ATC to include a density
clause in the conditions of required extension section (14-78(8)(1)) and
that there is no substantiation for having to include a density figure
because of this section's language which reads: "The grantee shall at his
expense within a reasonable amount of time extend the BTN to... new
housing areas and newly annexed areas." Madsen noted in ATC's original
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Broadband Telecommunications Commission
January 11, 1983
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proposal they stated in their exceptions to the ordinance that they
assumed there would be a density factor figured into the final policy
regarding extension of the network. Brown interjected that this statement
has no legal impact, and that former City Attorney Mr. Hayek responded in
writing to the statement saying essentially that this matter would be
14,
dealt with at the appropriate time. Eskin inquired if the TCeseooriginal
1981, communication from Hawkeye, essentially stating
concerns expressed in their September, 1978 proposal, carries any legal
weight. It was cocludd that Madsenn also stated nititappearsmATCciision binds the iimplying that there arin e
legal way.
general industry standards regarding this matter, and that the City should
therefore include and follow such density clause standards. Madsen stated
and Brown confirmed that the City is not obligated by such industry
standards to include any density clause in this policy recommendation.
Terry stated in a phone survey he and Shaffer conducted of several cities
the size of Iowa City, it was found that those cities that had no density
clause also included in their ordinance that 100% of the city shall be
wired, whereas the Iowa City ordinance statestavailable. t100 oft e city
ted hand
be wired where legally and reasonably construction of
thenscablersystem atand � not clause
the extensionctoft the he coriginal
cable network. Brown
confirmed this.
Madsen and Johnson both indicated an interest in affirming the original
recommendation of the BTC which should not include a density figure.
Several Commissioners agreed there was not need to include a waiver
clause, because it is always
implied that ihardship
sses the cable
company may PPeal to the Several Commissioners expressed an
interest in writing a letter to ATC affirming their original recommenda-
tion and asking for their compliance on this matter. Brown indicated he
did not believe the BTC needs to ask ATC to accept this policy. Brown also
pointed out he thought when the BTC's recommendations were first discussed
that Blough did agree with them.
Madsen moved and Johnson seconded that the BTC send aletter ro ATC
stating that the Commission affirms its July 14, 1982, policy ecom
da -
tion in the matter of the required extension of the cable network within
city boundaries, Section 14-78(8)(1) of Section 78-2917. This letter is
toremind
e letter received thisfrom ATC recommendation
via m . inview of the December 14,
Discussion continued on Section 14-78(8)(2) the extension policy. The
extension policy is to be submitted by the cable company and approved by
lied to
the City. The extension policy itodirect 200 howet cablromthe will
ber stppoint of
potential subscribers dwellingbeyond
the network. It w decided
Terry
send a receivedttthe o the di policy
that the City has
recommendation from ATC, however, the letter dated March 18, 1982, from
Yutkin appears to be ATC's recommendation on his exteattetter will
nnnt cv
matter. The
they
request that if this letter is ATC's proposed
verify this by formally submitting two copies to th
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BROADBAND TELECOMMUNICATIONS COMMISSION
JANUARY 18, 1983 4:00 P.M.
CIVIC CENTER CONFERENCE ROOM
MEMBERS PRESENT: Ehninger, Eskin, Madsen, Terry
MEMBERS ABSENT: Johnson
MEMBERS EXCUSED: None
OTHERS PRESENT: Terry Francisco, Anita Benda-Stech, Susan DePringer
of the Iowa City Public Library, Blough and Kalergis
of Hawkeye CableVision
STAFF PRESENT: Shaffer
RECOMMENDATIONS TO COUNCIL:
i
None.
MATTERS PENDING COUNCIL -COMMISSION DISPOSITION:
Government channel 29 guidelines.
MEETING CALLED TO ORDER:
Meeting called to order at 4:07 p.m.
MINUTES:
Ehninger moved and Madsen seconded to approve BTC minutes of December 14,
1982. Unanimously approved.
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
There will be a Cable Programming Forum cablecast live from the Council
Chambers on March 8, at 6:30 p.m. This Forum, as last year's, will enable
citizens to have input into, and give comments and criticisms, to the BTC
and Hawkeye. Jay Satterfield is now division manager for ATC. Eskin's
term on the BTC will expire in March. The chairperson and vice -
chairperson of BTC elections will be held in April. A federal body, the
Copyright Royalty Tribunal, may be imposing approximately a 3.75 percent
tax on certain cable company programming. Shaffer is attempting to get
Hawkeye listed on the plat sign -offs which would allow them the notice and
time necessary to plan for construction of new housing areas. Shaffer
received nine complaints in the last month. Several Commissioners
expressed some concern over the state of the production equipment
available from Hawkeye to citizens. Several alternatives, including
Hawkeye obtaining loner equipment while the currently owned equipment is
being repaired, or purchasing new equipment, were discussed. Hawkeye is
planning on wiring city block 80 and the dwelling unit on Madison Street
in the spring. The only areas not now served by cable, that were noted as
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BROADBAND TELECOMMUNICATIONS COMMISSION
JANUARY 18, 1983
PAGE 2
exceptions in the Universal Service Clause Determination are Melrose
Extension West and Rohret Road (due to impending Highway 518
construction). The revised Community Programming Guidelines for channel
26 were unanimously approved by the BTC. Blough stated a list of planned
construction to new housing areas in 1983 in the Iowa City area will be
available to the BTC soon. Blough confirmed and agreed that the Required
Extension Policy recommendations of the STC do require Hawkeye to serve
all new housing areas in Iowa City within the recommended timeframes at
Hawkeye's expense. Blough reiterated ATC's main financial concern of
having to serve non-contiguous areas under this policy recommendation.
ANNOUNCEMENTS:
Terry stated that he and Shaffer met with Council and there were no
problems with the proposed budget of the BTS and BTC. He also reported
that the money not spent from the franchise fee of one year would carry
through to the next year. Part of these funds will be used to start the
replacement fund for the City's and library's access equipment. The
interest from this fund does go into the City's General Revenue Fund.
Terry also announced that there will be an Annual Programming Input Forum
on March 8, 1983, at 6:30 p.m. in the Council Chambers. Blough reported
that he would contact possible satellite programming sources not now
viewable in Iowa City. Such programming would be displayed on channel 5
prior to the Forum to give citizens a chance to see what is available but
not now carried on the Iowa City cable system. Blough also said that a
promotion about the Forum would be put in Hawkeye's March billing
statement. Shaffer stated that this Forum could also be promoted through
a press release and also by putting information about the Forum on the
character generator for channel 29. Madsen requested that Hawkeye report
on the status of the programming requests made in the past year and any
progress made on those requests. Blough announced that he was in favor of
obtaining Music TV in Iowa City and would recommend this to Kathy Cance,
the acting regional manager for ATC. Blough also announced that the new
division manager is Jay Satterfield.
PUBLIC DISCUSSION:
None.
BTS REPORT:
Shaffer said Eskin's term on the Commission will expire in March. The
City Council will be appointing someone to this position in the near
future. The chairperson and vice -chairperson elections will be in April.
Shaffer said the letter to Coralville and University Heights that was
previously discussed in a BTC meeting is ready to go out. This letter
essentially is informing each city of the current situation regarding
access in Iowa City and requests a response to the idea of sharing
franchise funds for the shared use of the equipment resources and of the
services. This letter will be sent as soon as Terry has added a few
comments to it. Shaffer distributed packets he had prepared on the
Copyright Royalty Tribunal (CRT) and the results of the CRT. This federal
body has decided to charge cable companies approximately 3.75 percent of
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JANUARY 18, 1983
PAGE 3
their gross annual revenues for certain programming they receive and
carry. The resulting pool of funds will be allocated to producers,
writers, actors and corporations involved in making that programming.
Shaffer said he is working on the possibility of getting Hawkeye on the
list of sign -offs on a developer's final plat, so that they would have
plenty of forewarning, and could plan for new developing areas in Iowa
City. Shaffer reported on one dwelling unit that was annexed to Iowa City
in 1980. This dwelling unit is east of Bon Aire Mobile Home Court, on
Highway 6 and is 1750 feet from the nearest cable. The land between Bon
Aire and this dwelling unit was not annexed (and is still county
property). The resident of this unit has requested service. A decision
regarding whether and how to serve this potential subscriber needs to be `y
made, as the ordinance is ambiguous on a situation such as this. A matter
of extension of the cable to annexed areas will be an agenda item for the
next BTC meeting. Shaffer had nine complaints in the last month. Several
of these complaints were about the method by which cable is brought to
homes on Rundell Street. The cable was brought out of the pedestal on the
ground, tacked to a tree and brought to the house from the tree. In some
cases, the cable has been lying on the sidewalk. Blough will work on
putting these cables underground or rerouting them properly.
SUBCOMMITTEE REPORT ON HAWKEYE'S EQUIPMENT REPAIR STATUS AND MINIMUM
STANDARDS:
Blough and Hindman have provided some written reports about the past and
present equipment situation and about future equipment purchases and
guidelines. Johnson, currently the subcommittee working on this area, was
not present for the meeting. Further communication seems necessary
between Blough and Johnson to proceed on this topic. Madsen and Eskin
inquired about the status of the portable production equipment available
to the public. Eskin mentioned that when she was in the Community
Programming Center last week several equipment items were down. Eskin
raised questions regarding the need for loner equipment to be made
available whenever the equipment is down. Or, preferably, because the
equipment is down so much of the time, purchasing new equipment may be
necessary. Kalergis said a loner contract is being worked out with Video
Midwest. Shaffer commended Hindman on the printout report of Hawkeye's
equipment repairs, making it a fairly easy task to trace downtime and
repair work done on Hawkeye's equipment. Shaffer suggested dates always
be included with entries to ensure downtown can be calculated properly.
Shaffer also suggested, from such documentation it would be simple to
calculate when a piece of equipment is in disrepair more than it is
functioning. Perhaps when a piece of equipment reaches a percentage of
downtime then that should be a signal that the replacement of the piece of
equipment is necessary. The equipment should then be replaced by
something of equal value or the state of the art equivalent. Blough said
that this sounded like a reasonable suggestion. Shaffer also suggested a
comment book be put in Hawkeye's lobby area so that anyone could make
whatever crictisms, compliments, complaints, etc., that they choose about
the equipment, staff, or cable TV. All community producers should be
informed that this book does exist. Hawkeye had no problem with this
suggestion. Shaffer will regularly monitor this book.
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HAWKEYE'S REPORT:
Blough said he will shortly be completing a construction list of areas
that Hawkeye is planning to wire in 1983. Blough will deliver this list
to Shaffer for the BTC. These areas include Benton Manor, Peterson Drive,
Spencer Drive, Walden Subdivision and Westwind Drive. Hawkeye is planning
for 3.54 miles of construction in 1983 for new housing areas. Madsen
inquired, and Blough confirmed, that the required extension policy as the
BTC and Hawkeye have agreed, says that Hawkeye will serve all new housing
areas within the specified timeframes and at their own cost. Blough said
that this is true, but added that ATC remains concerned about having to
build to non-contiguous areas in sparsely populated aeras of the Iowa City
incorporated limits.
Kalergis announced that Shaffer and Blough will be appearing on the cable
television show Media Roundtable. On this show each of them will be
discussing cable -related issues. This show will appear at 6:30 p.m.,
Wednesday, January 19, 1983.
ADJOURNMENT:
Moved by Eskin, seconded by Ehninger to adjourn. Unanimously approved.
Adjournment at 6:05 p.m.
Respectfully sub 'tted,
4rew Sha er
Broadband Telecommunications Specialist
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PLANNING & ZONING COMMISSION
JANUARY 6, 1983 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Scott, Jordan, Blank, Seward, Jakobsen, Baker
MEMBERS ABSENT: Horton
STAFF PRESENT: Franklin, Boyle, Behrman
RECOMMENDATIONS TO CITY COUNCIL:
1. Z-8222. That the application submitted by Dorothy M. Maher for the
rezoning of certain property located in the southeast quadrant of the
intersection of Gilbert and Burlington Streets from C2 to CBS be approved.
2. Z-8223. That the application submitted by the City of Iowa City for the
rezoning of certain property from C2 to CBS located north of Ralston Creek
Village and east of Gilbert Street and known as the City Pipeyard be
approved.
3. V-8204. That the City -initiated application for vacation of a portion of
an alley platteC in Lyman Cook's Subdivision of Outlot 25, Original Town be
approved.
SUMMARY OF DISCUSSIUN:
Seward called the meeting to order. There was no public discussion of any item
not included on the agenda.
ZONING ITEMS:
Z-8222. Public discussion of an application submitted by Dorothy M. Maher for
t e rezoning of certain property located in the southeast quadrant of the
intersection of Gilbert and Burlington Streets from C2 to CBS; 45 -day limitation
period: 01/12/83.
Franklin stated that there was no additional information on this item, which had
been addressed at the last formal hearing and deferred. Jakobsen clarified the
fact that this rezoning request was to allow more dense residential use.
Franklin confirmed that this was so. There was no public discussion.
Jakobsen moved that the Planning & Zoning Commission recommend approval of this
item. Blank seconded the motion. The motion carried unanimously.
Z-8223. Public discussion of an application submitted by the City of Iowa City
for the rezoning of certain property from C2 to CBS located north of Ralston
Creek Village and east of Gilbert Street and known as the City Pipeyard.
Seward commented that this item was adjacent to the property just discussed.
Franklin stated that there were no additional comments to be made on this item
since the last meeting. Seward pointed out that this rezoning would also allow
a greater density fcr residential uses. There was no public discussion.
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Jakobsen moved that the Commission recommend approval of this item. Jordan
seconded the motion. The motion carried unanimously.
VACATION ITEMS:
V-8204. Public discussion of a City -initiated application for vacation of a
portY n of an alley platted in Lyman Cook's Subdivision of Outlot 25, Original
Town.
Franklin stated that the vacation requested by the City pertained to an alley,
most of which had been previously vacated. Franklin stated that the property
could no longer be utilized as a public right-of-way.
There was no public discussion.
Scott moved that the Commission recommend approval of V-8204. Baker seconded
the motion. The motion carried unanimously.
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SUBDIVISION ITEMS:
5-8224. Public discussion of an application submitted by Beverly Enterprises
for approval of a preliminary Large Scale Residential Development Plan to permit
construction of a 16 -unit Congregate Care Facility at 605 Greenwood Drive; 45 -
day limitation period: Waived.
Franklin pointed out that the limitation period had been waived by the
applicant. The staff recommended deferral of this item until after the Board of
Adjustment rendered its decision. Franklin stated that the Board of Adjustment
would hear this item on January 26, 1983.
There was no public discussion.
Baker moved that this item be deferred subject to the Board of Adjustment
hearing. Jakobsen seconded the motion. The motion carried unanimously.
COMPREHENSIVE PLAN ITEMS:
Public hearing on the 1983 Update to the Iowa City Comprehensive Plan.
Seward stated that Franklin would give a brief overview prior to public
comments.
Franklin explained that the City had adopted a Comprehensive Plan in 1978 and
that an update was required every three to five years to reflect changes in the
community. This update had been completed in draft form; the first part
contained an introduction explaining the basis for the recommendations and the
second part contained a series of specific area studies.
Franklin stated that the Update reflected a projection for moderate population
growth (500 people per year); there would be no need for annexation within the
time period of the plan to accommodate population growth. Franklin explained
that annexation of land near the southwest area of the city was being considered
due to the construction of Highway 218 and its interchanges; the Comprehensive
Plan Update recommends annexation of the area north and east of the Highway 218
and Highway 1 interchange to control land use around the interchange. The only
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other area recommended for annexation is the proposed water pollution control "I
plant. This recommendation is dependent upon construction of the plant.
Franklin stated that another concern addressed was the ability of the City to
provide municipal services, specifically sewer service. The ability to provide
adequate sewer service controlled where and when residential development should
take place.
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Franklin distributed a map of the development sequence to the public and
reviewed the various phases of development recommended. Franklin explained that
the Update was recommending that no further development take place on either the
...............
east or northeast side of the city until such time as the sewer problems were
remedied. Franklin stated that everything listed in Phase 3 depends on a
solution to those sewer problems.
Franklin discussed the short-range density map which was based on the housing
market analysis, the development sequence, and population projections.
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Franklin explained the legend on the Comprehensive Plan map for the benefit of
the public. She stated that the 1978 plan was used as a basis for this map with
changes being made based on the various factors previously discussed. She
pointed out that the map, if adopted, would be used as a guide for zoning.
Franklin explained that the map was intended to be a general outline of land
uses and densities and did not show specific uses and densities for individual
lots. Franklin stated that when the Zoning Ordinance is adopted, specific zones
will be imposed on specific properties.
Franklin displayed the map depicting the long-range development plan. Specific
densities were not shown; it was assumed that the city would develop as outlined
in the short-range plan. The long-range development plan is intended to serve
as a guide to what can be expected to happen after short-range development is
completed.
Public Comment
J. Merill Trummel, 314 West Benton Street, asked how state properties would be
handled by the Comprehensive Plan. Franklin explained that state properties
would be indicated as public/semi-public property with a new zoning ordinance
designation of "P" for public.
Ron Schintler, 2310 Cae Orive, asked what the City planned to do with the
Hunter's Run Subdivision.
Franklin stated that, while she did not know the specific terms of the agreement
in the legal papers for that subdivision, the Comprehensive Plan Update assumes
that the development may not take place in its entirety. Franklin stated that
there had been several delays in this development. Franklin stated that no
short-range development west of Highway 218 was projected because extended
development and consequent extensions of service would not be needed within the
time frame of the short-range plan, based on projected population growth.
Schintler stated that Part 1 of the Hunter's Run Subdivision had been approved
and lots were currently for sale. The subdivision was moving forward and many
delays had been due to the interstate activity and the poor economy. Franklin
stated that, if everything agreed to within the legal papers was carried out,
the subdivision development would not be stopped. Schintler also pointed out
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that the Comprehensive Plan map showed that Part 1 of the subdivision was to be
"de-annexed." Franklin stated she would have to look into that further.
Jakobsen asked if the subdivision was north or south of Rohret Road. Schintler
stated it was located on both sides. Franklin stated that staff would check
into the matter and Jakobsen thanked Schintler for bringing it to the
Commission's attention.
i Norval Tucker, 1022 Hudson, read a statement signed by 44 people living along
Hudson Avenue. Tucker stated that these people wished to maintain the
residential character of Hudson Avenue and were concerned about the impacts of
commercial businesses on the neighborhood. Tucker cited potential increases in
traffic and access problems in the residential area. Tucker urged that this
area stay residential up through the property owned by the State. Tucker
emphasized the fact that his property, located at 1022 Hudson, should also be
zoned residential. Tucker explained that, if commercial development in that
I area continues, it would of necessity open onto Hudson Avenue, as there was no
access to Highway 1. The Comprehensive Plan map shows the intent to make the
area commercial beyond the property; Tucker stated that the City Council had
previously commented that it was not the purpose of commercial zoning to give
that area a "back door into a commercial zone. Tucker stated that those
ji persons living there did not feel that they should be forced to be surrounded by
commercial uses.
! Tucker read a letter signed by John and Cindy Johnston, 930 Hudson, which voiced
an objection to the proposed rezoning to commercial on the southern end of
Hudson Avenue. Johnston's letter cited problems with increased traffic, noise
and safety hazards to children. Johnston's letter urged that this area remain
residential.
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Jakobsen asked if Tucker would be amenable to rezoning his property. Tucker
stated that he is requesting that it be rezoned. Tucker further stated that
commercial zoning does not reflect the neighborhood's character.
Trummel again spoke and raised additional points against rezoning this area of
Hudson Avenue commercial. Trummel stated that, historically, the "red band
depicted on the map" stopped one block east of Hudson Avenue. Trummel further
pointed out that the State-owned highway maintenance garage near Hudson Avenue
would be immune to zoning considerations. Trummel stated that the highway
maintenance garage was not a commercial activity and did not generate either
noise or traffic. Trummel stated that the "red dot area" west of what is now a
commercial area does not reflect the present usage of the property.
Seward asked if the area south of the highway maintenance garage was zoned
commercial. Tucker stated that immediately to the west of Miller Street was a
commercial zone. Trummel pointed out that, if the State controlled that land,
then they controlled access as well. Trummel argued that the placement of
residential areas directly against commercial zones was unstable and there
should be a barrier of some kind. Jakobsen stated that there was no way to
buffer the two zones because of the way the area had developed; the problems
have been there since 1962. Trummel stated that it was not proper to convert an
established residential area to a commercial one. Trummel stated that one would
hope that this zoning could be done where it would fit in.
Franklin read into the record a comment received from Scheuerman-Richardson
Inc., 510 South Clinton Street, which asked that the west half of the block
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between Harrison and Prentiss on Clinton Street be shown as mixed use. Jakobsen
asked if it was shown as mixed use on the old map. Franklin stated that it
appeared to be shown as 25+ du/acre.
Seward stated that the Commission had received a letter from Lorna Mathes, 109
South Johnson Street, which stated objections to the rezoning to multi -family
residential of the property at 109 South Johnson. Mathes had written that the
area had been zoned for business and that the rezoning constituted a taking of
property rights and was not consistent with the use of adjacent properties.
Seward pointed out that the Commission was not recommending any rezonings at
this time, but the Commission's philosophy for that area was that there should
be a predominance of primarily residential uses surrounding the College Hill
area. Lorna Mathes, 109 South Johnson Street, stated that her property had not
been a single-family residence for many years and was used as a rooming house.
Mathes claimed that rezoning would create a hardship to her as a property owner.
Seward suggested that Mathes' specific concerns might be better addressed by the
Board of Adjustment. Franklin stated that would be very difficult. Franklin
further stated that the current use could be grandfathered in as a non-
conforming use but if the use were changed, the property must then conform to
the Zoning Ordinance. Seward stated that the comment that the proposed density
was inconsistent with other uses in that city block was not quite so. Mathes
urged that the area remain commercially zoned as at present.
Schintler asked if the Commission had a specific time span in which to review
and update the Comprehensive Plan. Seward explained that the Commission was
mandated to reevaluate the Comprehensive Plan on a three to five year basis.
Jakobsen commented that it took a year to review the Comprehensive Plan.
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Charles W. Ruppert, 1406 North Dubuque Road, stated that this Comprehensive Plan
Update was a great improvement compared to what the Commission started with.
Ruppert complimented both the staff and the Commission on the Comprehensive Plan
Update.
Seward pointed out that it was important to understand that the Comprehensive
Plan eliminated lot lines and was not site specific, rather it was a guide for
land use.
Baker questioned whether or not the map reflected the rezoning of the College
Hill/South Dodge Street neighborhood. Baker referred to the area north of Court
on Dodge and South Johnson and on both sides of Burlington from Johnson to
between Lucas and Dodge Streets. Baker stated that the map should be corrected
to reflect the rezoning change from +25 du/acres to 16-24 du/acres.
Jakobsen thanked the public for their comments. Seward also thanked the public
and asked the staff to further clarify the issue of highway access along Hudson
Avenue.
The public hearing was closed at 8:44 p.m. The next public hearing on the 1983
update to the Iowa City Comprehensive Plan was scheduled for January 20, 1983.
OTHER BUSINESS
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I. Planning & Zoning Commission Information.
Franklin asked if the Commission would consider the West Side Development
Company's annexation and rezoning request prior to the February 3, 1983
meeting at which applications pending amendment to the Comprehensive Plan
would be discussed. Franklin explained that a vacation was to be
considered on January 20th for the same applicant and it might be timely to
consider the annexation request on the same day.
Seward asked if those amendments to the Comprehensive Plan were going to be
handled separate from the Comprehensive Plan Update. Franklin stated that
they would be scheduled after the public hearing an the Comprehensive Plan
Update. Scott stated that, if the Update was approved an January 20th,
there would be no reason not to act on the West Side Development Company's
application. Seward stated that the Commission could make a recommendation
on rezoning requests subject to the adoption of the Comprehensive Plan
Update. Jakobsen stated that she had problems philosophically with that
I suggestion. Jakobsen stated that there was no reason to consider this
application any faster than any of the others pending. Scott suggested
that the application would best be handled after the approval of the
Comprehensive Plan Update and stated that the February 3rd hearing date
would be best.
It was announced that both Monday and Thursday of the following week would
be meetings to discuss the Zoning Ordinance. There will be no Zoning
Ordinance meeting on January 27, 1983.
Seward announced that the elections would be held at the first meeting in
February.
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Jakobsen asked about the action on Harrison Street. Franklin explained
that if construction of county offices took place, a request for a vacation
of Harrison Street would be made. Seward asked if the Planning and Zoning
Commission would review such a vacation request and Franklin answered
affirmatively.
Scott stated that he would probably not be able to attend the January 20,
1983, meeting.
The meeting adjourned at 8:52 p.m.
Taken by:
Approved b
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JANUARY 20, 1983 -- 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Scott, Jordan, Seward, Jakobsen, Baker
MEMBERS ABSENT: Horton, Blank
STAFF PRESENT: Boothroy, Franklin, Boyle, Behrman
RECOMMENDATIONS TO CITY COUNCIL:
1. 5-8227. That the application submitted by Braverman Development,
Inc. for approval of the final LSRD/PAD plans of Walden Ridge -Parts
1, 2, 3 and 4, located north of the proposed Walden Road, east of
Mormon Trek Boulevard, and south of Westwinds Drive be approved with '
a waiver of the frontage requirement and subject to final approval of
legal papers. E
2. V-8203. That the City -initiated application for the vacation of
t
portions of the rights-of-way of Sunset Street and the frontage road
north of Highway 1 abutting Bryn Mawr Heights, Part 13, be approved ;
and that the City retain easements over the property as follows:
1) a storm sewer easement over the entire 10 foot strip on the east
side of Sunset Street (Parcel 1) and 2) a 15 foot sanitary sewer
easement along the northeasterly portion of Lot 18, Bryn Mawr
Heights, Part 13, and a 10 foot utility easement along the southerly f
j boundary of Lot 18 as shown on the plat (Parcel 2).
i
3. The Planning and Zoning Commission recommends approval of the 1983
Comprehensive Plan Land Use Update map and documents as presented.
4. The Planning and Zoning commission recommends that the City Council
consider setting a public hearing to downzone the entire R3A area of
Manville Heights,
SUMMARY OF DISCUSSION:
Seward called the meeting to order. There was no public discussion of any
item not on the agenda. Jakobsen moved and Jordan seconded that the
minutes of January 6, 1983, be approved as circulated. The motion carried
unanimously.
SUBDIVISION ITEMS:
5-8226. Public discussion of an application submitted by Robert Lumpa for
approval of a preliminary and final plat of Lumpa's First Subdivision
located in the southwest quadrant of the intersection of Rochester Avenue
and Amhurst Street; 45 -day limitation
that this waived;
be0deferrlimitation
period: 2/11/83. Franklin suggested
red as the
question of vacation was still being negotiated. Seward asked if a waiver
of the 60 -day limitation period was necessary and Franklin indicated that
it was. Franklin suggested that this item be deferred until the next
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meeting by which time the waiver of the 60 -day limitation period should be
received. Scott moved that this item be deferred until the February 3,
1983, meeting. Baker seconded the motion. The motion carried
unanimously.
5-8227. Public discussion of an application submitted by Braverman
Development Inc. for approval of the final LSRD/PAD plan of 'Walden Ridge -
Parts 1, 2, 3 and 4, located north of the proposed Walden Road, east of
Mormon Trek Boulevard and south of Westwinds Drive; 45 -day limitation
period: 1/30/83.
Franklin stated that all the deficiencies and discrepancies had been
resolved except for legal papers. Franklin indicated that legal papers had
been reviewed but had been sent back for further revisions. Franklin
suggested that the Commission approve this item with a waiver of the
frontage requirements and subject to final approval of legal papers.
Boyle indicated that this would be satisfactory. Boothroy stated that the f
waiver for frontage requirements for lots to front on public streets will j
be written into the approved ordinance when it comes before Council.
Baker moved and Jordan seconded that this item be approved subject to
final approval of the legal papers and waiver of the frontage
requirements.
Ralph Stoffer, R.R. 3, engineer for the project, submitted photographs and
drawings of the property.
The motion carried unanimously.
VACATION ITEM:
V-8203. Public discussion of a City -initiated application for the
va�on of portions of the rights-of-way of Sunset Street and the
frontage road north of Highway 1 abutting Bryn Mawr Heights, Part 13.
Franklin stated that the Bryn Mawr Heights Development Company had
requested the vacation of parts of the right-of-way along Sunset Street
and along the frontage road north of Highway 1 as shown on the plat in the
staff report. Both parcels were acquired by the Iowa Department of
Transportation in the name of the city for the purpose of extending Sunset
Street and providing a frontage road along Highway 1. With the near
completion of road construction in this area, it has been determined by
the City's Engineer that the property in question need not be owned by the
City. IDOT has submitted a letter to the City stating that they had no
objection to a transfer of parcels at such time as the Iowa 1 project was
completed.
Jakobsen moved that the Commission recommend approval of the vacation and
that the City retain the easements over the property as stated in the
staff report. Scott seconded the motion. The motion carried unanimously.
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ZONING ITEM:
Public hearing on an amendment to Section 8.10.25 of the Zoning Ordinance
regarding off-street parking requirements.
Boothroy explained that the amendment to the off-street parking
requirements had been initiated by the Planning and Zoning Commission as a
result of a need to provide for a better private parking area design.
Boothroy pointed out that there was a need to be more specific in design
standards for private parking areas to provide spaces and aisles allowing
adequate egress and ingress. Boothroy presented a set of standards
containing diagrams of different configurations. Boothroy reviewed
standards for both compact and standard cars.
Boothroy mentioned that the minimum aisle width for providing two-way
traffic and a parking aisle would be 22 feet and was designed in such a way
as to allow no part of a parked vehicle to extend past the lot line. '
j Boothroy noted that the amendment would allow no backing from a parking
space into the street, parking no closer than 5 feet to a door or window,
and no parking spaces within the front or side yards. Boothroy pointed
out that at the present time there are no detailed design standards.
Seward declared the public hearing open at 7:46 P.M.
Margaret Nowysz, 1025 River, asked if the amendment would result in more
or fewer cars in the same amount of space when compared to the present
requirements. Nowysz also asked if there would be a change in the number
of required parking spaces per unit.
Boothroy stated that, when reviewing parking, the items most in need of
improvement were the inadequate aisle widths and the configuration of the
spaces so as to provide usable parking spaces. Boothroy explained that
this amendment was more restrictive as it would not allow parking in the
side yard. Nowysz asked if an aisle width of 20 feet was presently
required. Boothroy indicated that no aisle width was specifically
mentioned and stated that the staff was concerned that the spaces provided
were usable and safe.
Baker stated that, when dealing with established neighborhoods and
impending demolition, this amendment would have a great effect on the 11-
12 unit lots. Baker stated that the amendments would have the effect of
reducing the number of units from 11-12 to 8-9 units. Baker stated that
the Commission had looked at very bad parking designs which almost always
had involved big apartment units. Baker indicated that these standards
were a substantial improvement although the number of parking spaces per
unit was not addressed. Baker indicated that that would be addressed and
amended at a later time.
Nowysz asked if curb type parking would necessitate as wide an aisle.
Nowysz expressed the concern that this might prohibit an owner from
converting an older home into apartments. Boothroy stated that, with
parallel parking, a narrower aisle of 10 feet would be required.
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J. Merle Trummel, 314 West Benton Street, asked if the 9 foot spacing was
the car width. Boothroy explained that the 9 feet was the parking space
width. Trummel questioned whether this would be enough space between
parked cars. Boothroy explained that the present standards require a 9
foot space and that seemed to be more than adequate. Trummel indicated
that the proposed design standards were a great improvement over the
present requirement. Stoffer pointed out that these design standards were
consistent with national standards. The public hearing closed at 7:56
P.M.
Baker asked if there were plans to change the requirements of the tree
ordinance to effect required parking. Boothroy stated that any changes
had not yet been discussed by all staff reviewing the new zoning
ordinance. Among changes discussed was the possibility of requiring tree
islands to separate parking spaces from alleys.
Jordan, referring to the design standards, questioned whether or not the
I term "required" should be before the words "side yard" in Section C.2.
Boothroy indicated that he felt that was understood. Scott stated that he
felt there was room for misunderstanding and that the word "required"
should be included.
Jakobsen pointed out that these design standards would not affect any
building permits already issued. Jakobsen stated that she had no
objection to voting on this issue tonight. Scott questioned how wide a
circulation these standards had received. Boothroy stated it had been
circulated within the Commission only and there were two more
opportunities for input by the public. Scott indicated that he would be
more comfortable waiting until another public hearing. Baker stated that
he had no objection to holding another public hearing but expressed the
desire to send these standards to the City Council prior to any further
zoning request approvals. Franklin indicated that this item could be
placed first on the next agenda. Seward indicated that he also would
prefer another public hearing to receive input.
COMPREHENSIVE PLAN ITEM:
1. Public hearing on the 1983 Comprehensive Plan Land Use Update.
Franklin presented a brief overview of the 1983 Comprehensive Plan
Land Use Update. Franklin read into the record a letter received
from MMS Consultants which referred to a statement made at Monday
night's informal meeting referring to the flexibility of
interpretation of the boundaries on the Comprehensive Plan Land Use
Map. Franklin stated that the boundaries between varying densities
shown on the short-range map will be interpreted with flexibility.
The public hearing was opened at 8:16 P.M.
Charles Barker, 201 N. First Avenue, requested that the tract of land
of 10.5 acres almost square in dimension immediately north of the Hy -
Vee grocery store tract on the Old Dubuque Road, just off Dodge
Street in northeast Iowa City, be considered as a transition zone
between the commercial property owned by Hy -Vee and the other
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PAGE 5
residential property in the area. Barker requested that this be
changed on the zoning plan to permit a density of at least 15
dwelling units per acre. The density shown at present was 2-8
dwelling units per acre.
Franklin explained that the short-range map and the Comprehensive
Plan were a general design and the zoning map, to be adopted in the
future, will be very specific but should follow the intent of the
Comprehensive Plan.
sz
for
Margaret
the
Commission nPgLimadat ehborhoodeetngsontheComprehnsvelanandUse
Update. Nowysz asked how the City Council would be informed of the
changes. which had been made throughout the Commission's
deliberations. Seward pointed out that the City Council regularly
receives minutes and staff reports. Seward stated that the City
Council would also hold a public hearing. Franklin stated that the
staff would have an informal session with the City Council prior to
their public hearing and the issues would be outlined for the
Council.
Norval Tucker, 1022 Hudson, presented a .letter and followed up
comments made at an informal meeting. The letter requested that his
residence be rezoned from commercial to residential. Tucker
commented about the inclination to extend the commercial zone right
to Hudson Avenue. Tucker stated the Planning and Zoning Commission
had worked hard to provide orderly growth and flexibility but small
homeowners must fight every year to maintain their neighborhoods'
integrity. Tucker questioned precipating commercial development
through commercial designation on the map at this time when so many
people in the area did not want it. Tucker urged that the Commission
move that commercial designation away from Hudson Avenue.
Jim Schintler pointed out that the Hunter's Run Subdivision was not
shown on the map and the 300 feet south of Rohret Road was not shown
as developing. Franklin stated that the preliminary PAD approved on
February 1981, had been approved with the stipulation that the City
could review after four years. The final PAD on Hunter's Run
Subdivision has not yet been approved. A final subidivision on
Hunter's Run Part 1 has been approved. Franklin explained that no
color was shown on the map for the subdivision because the
recommendation was that no development take place west of
Highway 218 until development had taken place contiguous to existing
development within the city. Franklin explained that there were
sewer constraints in this area and that, if things changed radically,
if development occurred up to Highway 218 within five years, and if
other areas of the City scheduled for Phase I and II developed, then
development could go beyond Freeway 218. Franklin pointed out that
this does not mean that Hunter's Run Subdivision cannot proceed as
long as it follows the approved plan. Schintler indicated that they
are and will be proceeding with the subdivision.
Trummel requested that there be further consideration of that area
west of Miller which is shown as commercial and that the Highway
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Department area be designated as state property as well. Seward
indicated that that would be looked into. The public hearing closed
at 8:31 P.M. Franklin stated that she believed that the IDOT
property west of Miller was part of the right-of-way. Boothroy noted
that the map did not show the full right-of-way nor was it as
detailed as the zoning map. Franklin stated that the intent was to
show commercial zoning north of the right-of-way; the City obviously
cannot zone State property commercial.
Scott moved that the Planning and Zoning Commission recommend
approval of the Comprehensive Plan Land Use Update maps and documents
as presented. Jakobsen seconded the motion. Baker hoped that this
would still allow possible revisions. The motion carried
unanimously.
OTHER BUSINESS: j
1. Discussion of a recommendation to the City Council regarding the ;
downzoning to RNC -20 of property along and near McLean and Ellis
Streets.
i
Jakobsen stated that this item had generated much discussion and had
j resulted in calls to Planning and Zoning Commission members. Jakobsen
stated that a building permit had been issued for an apartment house with
a poorly laid out parking lot. This matter would be going to the Board of k
Adjustment in the near future. Jakobsen recalled that, when the Planning
and Zoning Commission had discussed the College Hill rezoning, they had
asked that the staff recommend other areas that might need the RNC -20
zone. Jakobsen explained that the RNC -20 zone allows dense housing to
remain and to be considered conforming but does not allow other
construction at the same high density. Jakobsen stated that the R3A area
in Manville Heights was basically due to the presence of fraternity
houses. If the City Council sets a public hearing, the result would be a
moratorium on construction. Jakobsen asked for input to allow the
Planning and Zoning Commission to make a proper recommendation for that
area.
Casey Mahon, 226 McLean Street, agreed with Jakobsen's comments. Mahon
stated that the RNC -20 zone would be an appropriate solution for the area.
Mahon stated that fraternities and apartment houses have been in the area
for a number of years and have resulted in severe parking problems. Mahon
supported the move by the Commission and stated that the neighbors were
prepared to submit a petition to the City Council to recommend RNC -20
zoning.
Mrs. Virgil Hancher, 127 Grove Street, expressed support for the RNC -20
zone, stating that the single houses in the neighborhood needed to be
protected against the influx of big apartment buildings.
George E. Thompson, 410 Beldon, asked if an inspection of the property
prior to granting building permits was done. Seward stated that the
building official has the opportunity to evaluate the application and its
I consistency with zoning before issuance of the permit. Thompson stated
I that the application for building permits had shown an alley and that
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JANUARY 20, 1983
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there was no such alley, only a big ravine. Jakobsen pointed out that the
Board of Adjustment would make a decision on that matter. Thompson
wondered if the RNC -20 zone, if implemented, would be retroactive.
Jakobsen stated that it would not be.
Seward pointed out that the question before the Commission was the RNC -20
concept. Thompson indicated he would support an RNC -20 zone in this area.
Boyle stated that, if the Board of Adjustment upholds the appeal and
revokes the building permit, and if rezoning of this area takes place, it
will apply to the new building permit. Baker stated that that was why it
was so important to get the process started now.
Robert Rollins, 103 Grove Street, stated that he had lived in his home for
the last 24 years. Rollins expressed concerns about the ravine and the
filling of the ravine to provide parking. Rollins stated that this ravine
was unique in the City and mentioned the wildlife that inhabits the ravine
and the unique flora there. Rollins stated that he was not saying that
the apartment house could not be built, but changing the drainage,
filling, and cutting down trees had to be considered seriously.
Seward stated that the Planning and Zoning Commission was attempting to
deal with the overall issue and noted that the neighbors would be taking
action before the Board of Adjustment. Seward stated that the RNC -20 zone
was established earlier in response to a need the Commission felt existed
in established parts of the City. Seward explained that the RNC -20 zone
decreases the allowable density to 20 DU/acre while conserving existing
high-density uses.
John Menninger, 130 Ferson Avenue, asked if there were any other R3A
pockets in Manville Heights that the public should be concerned about.
Franklin stated that there were no other R3A zones in Manville Heights.
Catherine Johnson, 242 Ferson, wondered whether or not an environmental
impact statement was required. Franklin replied negatively.
Bill Boyd, 109 Grove Street, asked if a building permit had been issued.
Boyle stated that a building permit had been issued for 204 McLean. Boyd
asked if that permit would allow them to use the ravine as a parking area.
Boyle stated that it would not but the parking area is shown to be on the
site and not in the ravine. Boyd wondered what could be done. Boyle
stated that an appeal had been filed to revoke the permit, which proposes
to build 11 units. Boyd asked if downzoning would prevent the building of
the 11 units. Boyle explained that, if rezoned and if the present permit
is revoked, 11 units could not be built. Boyd stated that his concern was
that the area remain as it is.
Franklin stated that the Board of Adjustment meeting had not as yet been
set. Boyle noted that a temporary restraining order on the building
permit for 204 McLean was in effect; however, a demolition permit was
still in effect.
Boyd stated that there were five feet an either side of the house and no
way to get to the back for parking. Boyle stated that access was shown
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JANUARY 20, 1983
PAGE 8
through an alley to the parking. The building inspector did review the
site which required 18 parking spaces. In response to a question
regarding the applicability of the proposed parking area design
standards, Boyle indicated that the design submitted for this project
would not comply with the proposed ordinance.
Thompson mentioned an article in a newspaper which had stated that the
City Engineer would supply a storm sewer culvert to this property and
questioned the appropriateness of this action. Members of the staff
indicated that they were not aware of this issue.
John Staley, 314 Beldon Avenue, spoke in favor of the proposed downzoning.
Staley stated that the parking in the area was very dense now and to add
more complexes in the area would only increase the problem. Staley
expressed support for downzoning the area to the RNC -20 zone.
Mahon questioned whether or not the public was permitted to submit a
petition to the Planning and Zoning Commission. Seward stated that that
would be acceptable.
Margaret Cox, 226 River Street, stated opposition to the proposed new
building.
Rollins questioned how parking would be accessed on this property. Baker
explained that that was not within the realm of the Planning and Zoning
Commission.
Seward thanked the public for expressing their concerns about their
neighborhood. Seward asked counsel about the next step in the process.
Boyle stated that the Commission could refer this item to the staff for
input. Boothroy stated that the Commission could recommend to the City
Council that they consider setting a public hearing to consider rezoning
that area. Boothroy stated that he was unsure whether or not the Planning
and Zoning Commission was in the position to recommend downzoning to RNC -
20 as yet.
Jordan moved that the Planning and Zoning Commission recommend that the
City Council consider setting a public hearing to consider downzoning the
entire R3A area of Manville Heights. Jakobsen seconded the motion.
Baker questioned whether or not a moratorium could be set on parking until
the design standards were adopted. Staff responded negatively. Boyle
stated that the City Manager had issued an interpretation requiring a 16
foot aisle under the present ordinance.
Mahon asked if the City Council could have a special formal meeting on the
following Tuesday. Franklin stated that the public could request a
special formal meeting. Seward noted for the record that the petition had
been received. Boyd asked if the public would be notified of the meeting
set before the Board of Adjustment. Boothroy stated that letters would be
sent by mail to property owners within 200 feet of the property in
question, signs would be posted on the property, and legal notices would
be published in the newspapers.
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The motion carried unanimously.
2. Planning and Zoning Commission Information.
Jakobsen mentioned that Don Schmeiser was working on a program that the
Commissioners could present to service clubs if they wanted a meeting
regarding the Comprehensive Plan and the new Zoning Ordinance.
Baker stated that he had received an invitation from the College Hill
neighbors to a wine and cheese party on January 26 to celebrate the
rezoning. Scott stated that he did not think it would be appropriate for
Planning and Zoning Commission members to attend a rezoning celebration,
as they are supposed to maintain objectivity. Jordan agreed. Baker
indicated that he would be attending. Scott commented that Baker's
attendance would be acceptable because he lived in the neighborhood.
Jakobsen stated that it would not be a bad idea to attend. Seward stated
that he felt it would be appropriate for anyone who wants to attend to do
so but not formally as a Planning and Zoning Commission member.
Seward announced that Horton had been reappointed as the Planning and
Zoning Commission's representative to the Riverfront Commission.
The meeting adjourned at 9:13 p.m.
Taken by:« -",u
Sara Behrman, Minut Taker
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IOWA CITY HOUSING COMMISSION
AND CONGREGATE HOUSING TASK FORCE
SPECIAL MEETING TO REVIEW NEW CONSTRUCTION PROPOSAL
MONDAY, JANUARY 3, 1983 3:00 P.M.
MEMBERS PRESENT: Karstens, Farran, Krause, Logan, Ringgenberg,
VanderZee
MEMBERS ABSENT: Haendel
STAFF PRESENT: Kucharzak, Seydel, Munson, Flinn
OTHERS PRESENT: Richard Barkalow, W.C. Ormond, Task Force
Roy Neumann, Architect
Meeting to order at 3:04 p.m. by Acting Chairperson Karstens.
i
Mike Kucharzak explained the reason for calling the special meeting and
introduced architects Ormond and Neumann, who described the procedures
and parameters utilized in developing the new construction proposal.
Neumann indicated that proposal being presented was simply a design
schematic of what could be done with the south half of the Central Junior
High site.
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Neumann reviewed the schematics indicating floor and unit layout, private
and public areas, and desired amenities. Question was raised as to
underground parking, but response indicated this would be cost
i
prohibitive.
An eight -floor high-rise apartment building housing approximately 100
one- and two-bedroom apartments with an estimated cost of $7-7.25 million
was proposed. Estimated costs were exclusive of land cost, movable
equipment, architect or legal fees or specific service charges.
Kucharzak advised that as a result of a recently completed needs study,
there is a multiple of 105 persons interested in this type of housing with
sufficient areas to pay anticipated costs indicating a market right now.
He further advised that proposed amenities are based on available national
research. He suggested that as a catalyst, the City is trying to see if
there is a market for this type of congregate housing, and if there is an
interested developer.
Target population was defined as persons not able to maintain themselves
without supportive services. Persons leaving own homes for rental units
are admitting some dependency. The importance of obtaining and
maintaining a good mix of ages and needs was stressed, so that as the
building ages, the mix will be maintained.
Adjourned 4:00 p.m. on motion by Ringgenberg, seconded by Logan, approved
6/0.
Approved by:
Carol A. Karstens
Acting Chair
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IOWA CITY HOUSING COMMISSION
FEBRUARY 9, 1983 -- 3:30 P.M.
IOWA CITY PUBLIC LIBRARY ROOM A
MEMBERS PRESENT: Haendel, Vander Zee, Logan, Ringgenberg
MEMBERS ABSENT: Karstens, Farran, Krause - - -
STAFF PRESENT: Seydel, Flinn, Munson, Hencin, Kucharzak, Keller, Milkman,
Barnes, Brown
OTHERS PRESENT: Ron Henderson, Youth Homes, Inc.
Mickey Lauria, Chairperson CCN
Jan Rutledge, Legal Services
Blue Young & Diane Crane, Appellants
1. Meeting to order - Meeting called to order at 3:35 P.M. by Chairperson
Haendel.
2. Minutes - Minutes of meeting of January 5, 1983 approved 4/0 on motion by
Logan, second by Ringgenberg. ;
I
3. Congregate Housing - Munson distributed the needs study of Congregate i
Housing and pointed out the areas of greatest concern to the Housing
I Commission. Munson indicated this completes Phase I and the workshop
commences Phase II of the Congregate Housing study. Munson reviewed the
itinerary for the workshop and advised 42 persons have confirmed attendance
to date. i
4. Housing Rehabilitation - Barnes presented forgivable loan proposed for
1112 5th Avenue and reviewed necessary repairs at an estimated cost of
$15,000 including a 7% contingency. Moved Vander Zee, second Ringgenberg,
that loan be approved as presented. Approved 4/0.
Discussion energy efficient furnace - Barnes referenced her memorandum
dated December 1982, expressed concerns about service problems, and
indicated her conclusion was that all replacement furnaces should at a
minimum have a flue damper and electronic ignition. She indicated the
difference in cost between a regular furnace and energy efficient furnace
varied from $1100/$1300 for regular and $2400/$3500 for energy efficient.
posed
n Housing
uestion
oforehab loans eto�c contract purchasers ais under tion - eadvi adncin visement bysed ilLegal. He
reviewed the proposed amendment to allow for increasing the loan amount for
emergency repairs. Moved Vander Zee, second Ringgenberg, that we approve
the amendment to provide for emergency repairs under Housing
Rehabilitation Forgivable Loan Program.
5. Youth Homes Inc. - Ron Henderson appeared on behalf of Youth Homes, Inc.
He presented a brief history of the corporation since inception and
indicated that it has gone from an all volunteer organization to a
professional organization with a volunteer board. He outlined their
present services as:
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FEBRUARY 9, 1983
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1. Group home care
2. Emergency shelter services
3. Family reintegration services
4. Outreach counseling
5. Preventive services
6. Refugee group care
Henderson indicated the critical area of concern is what to do with
runaways. He stated he would like to open dialogue with commission
relative to emergency shelter for youth, since those needing more than one
night's shelter are being transported to Cedar Rapids. He expressed an
interest in working with Housing Commission on meeting unmet needs. In
response to inquiry from Logan, he defined unmet need as transient housing,
and indicated such would involve changing the age only, since the problems
remain the same.
Haendel requested additional information and a list of needs and projects
for coming year. i
6. Housing Market Analysis - Milkman highlighted the study and indicated the
reason for the study was to provide a good data base on housing. She
explained that in the last 12 years we had an increase in total housing
units of 32%, whereas the population increased by 12%. However, the
vacancy rate is only 1.6%. There is still a problem since single -person
households have increased by 85%. She further pointed out that there has
been a change in the age distribution of the population and defined the age
group in greatest need of housing as those 25 to 34 years old.
Milkman advised the figures relative to cost of rental units are
inconsistent and in need of revision. Projections subject to variables
would indicate a need for 4000 additional rental units in the next 15
years. She defined the areas of greatest need as: 1) higher density in
the area south of Burlington and west of Gilbert; 2) meeting the needs of
the elderly, and 3) preservation of existing housing stock in need of
rental rehabilitation.
7. Grantee Performance Report - Keller distributed report and reviewed 3 year
synopsis of Housing Assistance Plan. He suggested the Housing Commission
review the housing opportunities portion of the plan.
8. CCN Report - VanderZee introduced Mickey Lauria as new chairperson of CCN.
Vander Zee explained that in light of the communication problems between
the agencies, they would like to try to discuss differences in perceptions,
responsibilities of different commissions, and ways to resolve the
communication gap. It was suggested that Housing Commission provide a
priority list along with types of projects or areas of need. It was also
suggested that one of the groups change their meeting date to allow for
distribution of minutes between meetings. Haendel suggested that the
Chairs should stay in touch.
CCN Appointment - Moved Logan, seconded Ringgenberg, that appointment be
tabled until the next meeting. Approved 4/0.
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PAGE 3
9. Coordinator's Report
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a. Appeal - Application Nos. 2802 & 2805 - Jan Rutledge of Legal Services
appeared with and on behalf of appellants Blue Young and Diane Crane.
She presented a history of events leading to the eviction of Crane and
Young from the Towncrest Mobile Home Court in December, 1982 and the
subsequent denial of their applications for housing assistance based
on failure to comply with the definition of family as defined in the
Iowa City Housing Authority statement of policies, and their proven -
record of undesirability as tenants.
Seydel gave particulars of residency leading to decision and
referenced policies and regulations upon which the denial was based.
Logan questioned the role of commission relative to appeal. David
Brown will take under advisement and explain the parameters under
which decision should be made. Commission deferred action until legal
opinion is obtained.
Reference tape #HC- 2983.
B. Section 8 Existing - Seydel reported rent paid on 386 units in
February and 33 applications submitted for approval.
C. 22-3 Public Housing - Have rented empty 4 bedroom unit. Semi-annual
report due January 20 is being compiled by Accounting. Project is
financially sound, but will have to go to HUD for budget revision to
reinstate items previously slashed.
D. 22-4 Public Housing - Contractor anticipates July 1 completion. Will
have to notify HUD soon to assure bond sale in sufficient time to
allow for purchase of property.
10. Discussion - Haendel set agenda items for next meeting to include
discussion of priorities and discuss replacement of commission members.
11. Adjournment - Moved Logan, seconded Vander Zee, that meeting be adjourned.
Approved 4/0. Adjourned 6:45 P.M.
Approved by:
Goldene B. Haendel
Chairperson
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SENIOR CENTER COMMISSION
JANUARY 13, 1983 3:00 PM
SENIOR CENTER CONFERENCE ROOM
MEMBERS PRESENT: M. Clover, B. Coen, J. Williams, A. Arneson, M. Kattchee
MEMBERS ABSENT: G. Scott, C. Browne
GUESTS: Ruth Wagner, Violet Madsen, Council of Elders; Roberta
Patrick, Chairperson, ESA
STAFF PRESENT: B. Meisel, L. Benz, B. Murray
CALL TO ORDER:
Vice -Chairperson M. Clover called the meeting to order at 3:00 PM.
MINUTES:
J. Williams moved the Minutes of the December 2 meeting be approved as mailed;
A. Arneson seconded the motion. Motion declared carried (5 yes -2 absent).
M. Clover introduced Chairperson of ESA Board, Roberta Patrick who wished to
address the Commission. Ms. Patrick distributed copies of 3 letters which she
had written to United Way, to Mayor Neuhauser and to Gladys Scott. She pointed
out that the questionnaire containing the statement was sent to United Way in
May; but the contents of it were not known until October. Neither the
Chairperson of ESA nor any of the Board members saw or approved the completed
questionnaire. No one seems to know who typed the questionnaire. Ms. Patrick
said that she was not very disturbed by the statement when she first read it, as
she interpreted it to be problems the staff was having and that they were
working on solutions. However, obviously other people interpreted the statement
differently. The ESA had two Board meetings that week before Christmas and felt
they could not manage to have another Board meeting before Christmas with the
Senior Center Commission as the Commission had requested. The ESA Board wanted
the Commission to understand it was not that they could never meet with the
Commission, but they could not meet during the time before Christmas. Ms.
Patrick wanted to clear up any negative feelings the Commission might have about
ESA. M. Kattchee asked if the ESA Board felt the statement was typed by someone
else. Ms. Patrick said Lucy Luxenberg was adamant that she did not type that
statement. It was typed back in May and it may be possible not to remember what
had happened that many months ago. J. Williams stated that the Commission was
very concerned about finding out if the statement "Another major problem is the
attitude of the Senior Center staff towards the -757r was
,ew at the E3A
e ve and �t at were true the Commission show d ,ut what was wrong and
do something about it. M. Clover remembered the Minutes as saying the
Commission was going to leave this problem in the hands of Mary Neuhauser who
would pursue this after the campaign for the United Way funds was ended. M.
Kattchee remarked that the statement which suggests that the Senior Center staff
attitude was bad towards the whole elderly community, was of such magnitude that
whoever made it must be brought to task. If there was an attitude problem this
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January 13, 1983
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should have been brought to the Senior Center Commission rather than stated
publicly for the first time. He also stated that it may be necessary for ESA to
publicly indicate that the statement in question was neither typed by them nor
do they have any such opinion about the Senior Center staff.
Ms. Patrick said the Board members did not read that statement before it went to
United Way. They feel remiss about not reviewing important statements before
they go out and have changed policy in that important statements will be
reviewed and dated before they are distributed. This kind of incident will
never happen again.
J. Williams recognized the value of the chairperson coming to the Commission and
expressing a policy of encouraging openness to avoid possible
misunderstandings. She stated that this is a big step forward. Ms. Patrick
apologized for not meeting with even a few of the ESA Board members and the
Commission members before Christmas. She agreed that the ESA Board does not
concur with the sentiments expressed in that statement. M. Clover appreciated
having Ms. Patrick come to talk to the Commission about this. It is a good step
forward for better communication. Not withstanding, the Commission will
continue to pursue their original resolution that the City Council should
follow-up on this statement problem.
SENIOR CENTER SURVEYS - B. MEISEL
The ARTS Survey was conducted by phone questioning of 75 randomly selected
people age 55 years and older; the AGES Survey was conducted in the Center. 2500
people have Senior Center cards; 150 of them are volunteers, approximately 6%.
B. Coen noticed there were only two adverse comments in the surveys: some
wanted a better pool table, regulation size, and others wanted a better place to
hang coats and place packages. Coat trees could be located in different areas
and/or lockers might be provided. Lockers, if purchased, would cost
approximately $500. B. Coen noted that many good comments were made about the
center. Lori pointed out that the reasons given for not attending the Center
were: didn't consider themselves old (regardless of their age), too busy, and
inadquate transportation. The consensus of the Commission was that inadequate
transportation hinged on so many factors that at this point, with this
information, the Commission could not address the problem. The other two
concerns would involve attitude change. B. Meisel noted the graph showing
monthly figures from September 1981 to December 1982 indicated a gradual
continual increase in attendance at the Center.
SENIOR CENTER UPDATE:
An application has been received from Mary Elizabeth of MECCA to work at an
information table for two days in February to ask and answer questions about
substance abuse,' J. Williams moved to approve the application;
motion seconded by A. Arneson. motion declared carried (5 yes -2 absent).
INFORMATION AND REFERRAL
The number of information and referral phone calls and walk-ins involving
information outside of the Center that the staff handles is being kept track of
as it is becoming evident that the Center is becoming a natural network for
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inquiry by and for older people. In December there were 165 calls and 74 walk-
ins.
The Commission members were confused by ESA monthly report figures and asked the
staff to confer with ESA to ascertain whether the figures represented all units
of service or just service at the Center.
ATTENDANCE FIGURES:
It was pointed out that the Sunday attendance this month was higher than usual
as about 100 people attended the free dance and tree trimming party held at the
Center on Sunday, December 12. Members of the Musicians Union played.
BUDGET:
Due to a clerical error $600 for books was not originally included in the total
cost of the operation of the Senior Center. Another $600 is in the budget to be
used for a volunteer appreciation recognition next year. The Department
proposal includes a request of funds for an additional full-time staff position,
a Volunteer Specialist. After a great deal of research into how other
organizations run their volunteer programs and much effort to maximize the use
of the Center's staff, B. Meisel concluded that a higher level of service which
is often requested by people coming to the Senior Center cannot be offered to
the elderly unless an additional staff person is hired. The Commissioners
agreed with the need for this request although they suspected there was not
enough money in the City budget to fund this position. M. Kattchee, J.
Williams, M. Clover and A. Arenson will try to attend the City Council budget
hearing for the Center to be held Saturday morning, January 15, from 8:35 to
8:50.
GIFT FUND:
More complete gift fund information will be available for the February meeting.
The Seratoma Club is presenting a character generator attachment for the
television which will allow deaf people to read what people are saying on
television. The Commission agreed to invite club members to join them for lunch
at Congregate Meals on January 27. The Seratoma Club will present the gift to
the Center at that time.
M. Clover read a letter from the Johnson County Care Facility expressing
appreciation to the Center for costume jewelry which was donated to the care
facility. The jewelry is being used for bingo prizes and is much appreciated.
This costume jewelry was given to the Center and the Commission members felt the
Care Facility might find a more appropriate use for the jewelry.
REPORT OF THE COUNCIL OF ELDERS:
Ruth Wagner told how pleased the CoE was with the dance but she realized that CoE
needed greater participation in the tree trimming portion of the party. She
asked if there were any comments regarding the daily making of coffee for people
at the Center by AARP. After discussion, the Commissioners agreed that the
coffee situation is working well as it is. At the next meeting CoE would like to
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report on the trip to the Witwer Center in Cedar Rapids that several CoE members
had just taken.
ANNUAL AGENCY REPORT:
M. Clover suggested the agency report discussion be postponed until another
meeting. The Commission is still awaiting a report from AARP. J. Williams
mentioned that a Committee of the Commission is going to work on developing a
simple reporting form in February.
ELECTION:
J. Williams nominated B. Coen for Chairperson. A. Arneson moved nominations be
closed and the Commission cast a unanimous ballot. Motion declared carried (5
yes -2 absent). J. Williams nominated M. Clover to be Vice -Chairperson. B. Coen
moved nominations be closed and the Commission cast a unanimous ballot. Motion
declared carried (5 yes -2 absent). J. Williams moved to nominate M. Kattchee
for Secretary. A. Arneson moved nominations be closed and the Commission cast a
unanimous ballot. Motion declared carried (5 yes -2 absent). The newly -elected
Chairperson B. Coen assumed the chairmanship of the meeting and asked the
Commissioners to set a meeting date for February. The February meeting will be
held February 9 at 4:00 PM in the Senior Center Conference Room.
Meeting adjourned at 5:30 PM.
is ae attc ee, ecretary
Minutes prepared by B. Bechtoldt.
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HOUSING APPEALS BOARD
FEBRUARY 8, 1983
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MEMBERS PRESENT: Al Logan, Goldene Haendel, Fred Krause, Beth Ringgenberg.
MEMBERS ABSENT: Carol Karstens, Mike Farran.
STAFF PRESENT: Judy Hoard, Kelley Vezina, David Malone, David Brown,
Michael Kucharzak
SUMMARY OF DISCUSSION AND ACTION TAKEN:
Chairperson Haendel called the meeting to order. Logan made a motion to approve
the minutes from the previous meeting. Krause seconded the motion. The motion
carried.
APPEAL OF EDWARD WILSON
I -
Others Present: Edward Wilson
Inspector Hoard reported that she conducted a licensing inspection at 1131
Fairchild on December 16, 1982. The violation being appealed was Chapter 17-
5.N.(4)(a) Lack of required ceiling height for room with sloping roof. Second
floor, east bedroom, 8.78% of floor area has ceiling height of 7' or more.
Mr. Wilson stated that the house was very old and the tenants did not seem to
mind the ceiling height.
Krause made a motion to grant a variance to Chapter 17-5.N.(4)(a) Lack of
required ceiling height for room with sloping roof. Ringgenberg seconded the
motion. The motion carried.
APPEAL OF PAULINE WRIGHT
Others Present: Pauline Wright
Inspector Malone reported that he conducted a licensing inspection at 501-Olk
Melrose Court on December 2, 1982. The violation being appealed was Chapter 17-
S.N.(4) Lack of required 7' minimum ceiling height. Basement unit ceiling
height is 6111".
Krause made a motion to grant a variance to Chapter 17-5.N.(4) Lack of required
7' minimum ceiling height. Ringgenberg seconded the motion. The motion
carried.
APPEAL OF DARYL GRANNER
Others Present: Mark Hamer
Inspector Malone reported that he conducted a licensing inspection at 1219-1911
Oakcrest on January 11, 1983. The violation being appealed was Chapter 17-
S.N.(4) Lack of required minimum ceiling height. The ceiling height in the
basement dwelling unit is approximately fi'll's" to 6111-3/4".
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Ringgenberg made a motion to grant a variance to Chapter 17-5.N.(4) Lack of
required minimum ceiling height for basement dwelling unit. Krause seconded the
motion. The motion carried.
APPEAL OF EMIL TROTT
Others present: Emil Trott, Jim McDaniel
Inspector Malone reported that he conducted a licensing inspection at 814 Dewey
Street on December 15, 1982. The violation being appealed was Chapter 17-
5.N.(4) Lack of required 7' minimum ceiling height. The livingroom ceiling
height is 618".
Krause made a motion to grant a variance to Chapter 17-5.N.(4) Lack of required
7 minimum ceiling height. Logan seconded the motion. The motion carried.
I
i APPEAL OF ERNEST M. NICHOLAS
Others present: Ernest Nicholas
Inspector Vezina reported that he conducted a licensing inspection at 115 South
i Governor on December 12, 1982. The violation being appealed was Chapter 17-
5.N.(4) Lack of required 7' minimum ceiling height. Room 81, west room lacks
minimum 7' ceiling height; 612"-6'7" observed.
Mr. Nicholas stated that he is trying to restore the house and the room in
question was intended to be used as a sun room and was remodeled for that
purpose.
Krause made a motion to grant a variance to Chapter 17-5.N.(4) Lack of required
71 minimum ceiling height. Logan seconded the motion. The motion carried.
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APPEAL OF THOMAS J. BLOWERS
Others present: None
Inspector Malone reported that he conducted a licensing inspection at 1915-151
Muscatine Avenue on December 9, 1982. The violation being appealed was Chapter
17-5.K.(3)(a) Lack of required/adequate mechanical ventilation. 1915,
bathroom in the basement has no vent fan or window.
Krause made a motion to uphold Chapter 17-S.K.(3)(a) Lack of required/adequate
mechanical ventilation. Ringgenberg seconded the motion. The motion carried.
APPEAL OF CLARA M. EYMAN
Others present: None
Inspector Vezina reported that he conducted a licensing inspection at 618-20
East Fairchild on November 29, 1982. The violation being appealed was Chapter
17-S.E. Lack of or impoper location of required lavatory basin. Room in
basement containing toilet lacks a lavatory, 618-20 Fairchild, both dwelling
units.
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Krause made a motion to uphold Chapter 17-5.E. Lack of or improper location of
required lavatory basin. Ringgenberg seconded the motion. The motion carried.
APPEAL OF ROGER MRAZ
Others present: None
Inspector Vezina reported that he conducted a licensing inspection at 700 Sunset
on August 23, 1982. This appeal was filed late. Krause made a motion to hear
the appeal. Ringgenberg seconded the motion. The motion carried.
The violation being appealed was Chapter 17-5.I.(2)(a) Lack of required
handrail. Steps, south side of house from first floor to exterior lack a
handrail.
Ringgenberg made a motion to uphold Chapter 17-5.I.(2)(a) Lack of required
handrail. Krause seconded the motion. The motion carried. There was a short
recess.
APPEAL OF RICHARD E. KERBER
Others present: Richard E. Kerber
Inspector Vezina reported that he conducted a licensing inspection at 714 -5th
Avenue on December 2, 1982. The violation being appealed was Chapter 17-6.A.
Lack of required access. Access to the bathroom can be had by only going through
i northeast bedroom to southeast bedroom. Access to southeast bedroom can only be
had by going through northeast bedroom.
Krause made a motion to grant a variance to Chapter 17-6.A. Lack of required
access. Logan seconded the motion. The motion carried.
APPEAL OF HENRY S. GHUBRIL
Others present: Henry Ghubril
Inspector Vezina reported that he conducted a licensing inspection at 1029h S.
Riverside on December 20, 1982. The violations being appealed were Chapter 17-
5.J.(1) Lack of required natural light and Chapter 17-5.K.(2)(b) Lack of
required natural ventilation. 129, Apt. 1, east bedroom, lacks minimum window
area for ventilation.
Because the violations involve the same room, the Board discussed them together.
Mr. Ghubril stated that because of the shape of the adjoining roof it would not
be possible to correct the violations.
Krause made a motion to grant a variance to Chapter 17-5.J.(1) Lack of required
natural light, and Chapter 17-5.K.(2)(b) Lack of required natural ventilation in
Apt. 1, east bedroom. Ringgenberg seconded the motion. The motion carried.
Inspector Vezina dismissed the violations in Apt. 2, kitchen, as he had
mistakenly cited these violations.
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PAGE 4
APPEAL OF JACK AND WILLIAM ROYSTON
Others present: William Royston
Inspector Vezina reported that he conducted a licensing inspection at 704
E. Jefferson/105 N. Dodge on May 26, 1982. The appeal regarding the violation
letter from this inspection was filed late. Krause made a motion to hear this
case. Ringgenberg seconded the motion. The motion carried.
Vezina reported that after the initial 90 days were given for correction of the
violations, he contacted the law firm which had handled the licensing
inspection. He was told they no longer represented the property. Vezina issued
a new notice to the owners and after the certified letter was returned unclaimed
he posted it on the property. A reinspection was conducted at the end of the
additional 30 days. No violations had been corrected. Vezina then stated that
he made the property eligible for rent escrow.
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An appeal was received from Mr. Royston's attorney, Tom McDonald, for the entire j
violation letter and the notice of rent escrow eligibility.
Mr. Royston stated that there had been problems with the previous tenants. He
requested an additional 60 days to make correction of the violations.
Krause made a motion to uphold all the violations, but to grant a 60 day 1
extension to correct the violations. Logan seconded the motion. The motion
carried.
Logan made a motion to uphold the notice of eligibility for rent escrow. Krause
seconded the motion. The motion carried.
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APPEAL OF WILLIAM ROYSTON
Others present: William Royston
Inspector Hoard reported that she conducted a licensing inspection at 912 Second
Avenue/2203 "F" Street on August 30, 1982 and October 29, 1982. The violation
being appealed was Chapter 17-4. Lack of valid Certificate of Structure
Compliance and Rental Permit. Inspection of all dwelling units not allowed.
Permits cannot be issued until all areas are inspected and violations corrected.
Inspector Hoard reports that Mr. Royston would not allow inspection of the unit
he owned and occupied.
Mr. Royston stated that he didn't believe that his part of the structure needed
to be inspected.
Logan made a motion to uphold Chapter 17-4. Lack of valid Certificate of
Structure Compliance and Rental Permit. Ringgenberg seconded the motion. The
motion carried.
HOUSING APPEALS BOARD
FEBRUARY 8, 1983
PAGE 5
APPEAL OF SCOTT BARKER
Others present: Scott Barker
Inspector Hoard reported that she conducted a licensing inspection at 15-151 S.
Johnson on December 7 and 13, 1982. The first violation being appealed was
Chapter 17-5.I.(2)(g) Lack of required minimum door/doorway. Upper dwelling
unit, southwest bedroom, doorway height of 5117;11. Chapter 17-5.N.(4) Lack of
required 7' minimum ceiling height. Upper dwelling unit, southwest bedroom has
ceiling height of 611h". These two violations were discussed together because
they pertain to the southwest bedroom.
Mr. Barker stated that this room was not a bedroom. It was a closet or storage
room. He said that the tenants decided to use that room as a bedroom.
Krause made a motion to uphold Chapter 17-5.I.(2)(g) Lack of required minimum
door/doorway and Chapter 17-5.N.(4) Lack of required 7' minimum ceiling height.
He would like the owner to notify the tenants by letter that this is a storage
room, not a bedroom and if this is used as a bedroom again, the tenant is then
liable. Ringgenberg seconded the motion. The motion carried.
The last violation being appealed was Chapter 17-5.N.(4) Lack of required 7'
minimum ceiling height. Upper dwelling unit, living room, kitchen and den have
ceiling heights of 6'8h,,. Upper dwelling unit, northwest bedroom, ceiling
height of 619h".
Krause made a motion to grant a variance to Chapter 17-5.N.(4) Lack of required
7 minimum ceiling height, upper dwelling unit, livingroom, kitchen and den.
Logan seconded the motion. The motion carried.
APPEAL OF BILL TERRY
Inspector Hoard reported that she conducted a licensing inspection at 218-220
Dubuque on June 23, 1982 and October 28, 1982. This appeal was received late.
Krause made a motion to hear the appeal. Ringgenberg seconded the motion. The
motion carried.
The first violation being appealed was Chapter 17-5.J.(2) Overcrowding. 218 and
220, each dwelling unit occupied by more than four unrelated people. Rooming
House permit not issued.
Mr. Terry stated that he did not think that there was overcrowding because each
unit had five bedrooms and one person was living in each bedroom.
Krause made a motion to grant a variance to Chapter 17-5.J.(2) Overcrowding, as
long as there are only five people allowed in each unit at one time. Logan
seconded the motion. The motion carried.
The next violation being appealed was Chapter 17-5.N.(4). Lack of required 7'
minimum ceiling height. 218, basement, south bedroom, ceiling height of 6110$",
and Chapter 17-5.N.(4)(b) Ceiling obstructions exceed allowances of Housing
Code. 218, basement, south bedroom, ceiling ductwork obstruction at 612"
400
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HOUSING APPEALS HOARD
FEBRUARY 8, 1983
PAGE 6
Krause made a motion to grant a variance to Chapter 17-5.N.(4). Lack of
required 7' minimum ceiling height and Chapter 17-5.N.(4)(b). Ceiling
obstructions exceed allowances of Housing Code. Ringgenberg seconded the
motion. The motion carried.
Mr. Terry stated that he forgot to include another violation on his appeal
request. Krause made a motion to hear this appeal. Ringgenberg seconded the
motion. The motion carried.
The last violation being appealed was Chapter 17-5.M.(1). Lack of required - ----
electrical outlet. 218, livingroom, convenience outlets are located 9'6"
distance apart, lacking the required minimum of 11'10".
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Logan made a motion to grant a variance to Chapter 17-5.M.(1). Lack of required
electrical outlet. Krause seconded the motion. The motion carried.
APPEAL OF MARSHALL HUNTER
Others present: Marshall Hunter
Inspector Hoard reported that she conducted a licensing inspection at 1105-0511
Rochester Avenue an December 15, 1982. The first violation being appealed was
Chapter 17-7.B. Accessory structure not maintained in good state of repair.
Garage, north side, two window panes have holes.
Ringgenberg made a motion to uphold Chapter 17-7.B. Accessory structure not
maintained in good state of repair. Haendel seconded the motion. The motion
carried.
The last violation being appealed was Chapter 17-7.I. Electrical system not
maintained in good and safe working condition. South side, 1105'1, electrical
service is located too close to entry and stairway.
Krause made a motion to continue this appeal for 60 days to allow for utility
company to inspect the installation. Ringgenberg seconded the motion. The
motion carried.
APPEAL OF JOHN ROFFMAN
Others present: None.
Inspector Hoard reported that she conducted a licensing inspection at 614 S.
Clinton on November 17, 1982. The appeal request was filed late. Krause made a
motion to hear the case. Ringgenberg seconded the motion. The motion carried.
The first violation appealed was Chapter 17-5.N.(3) Lack of required minimum
room size. N1, southeast room currently used as bedroom has 60.75 square feet.
Logan made a motion to grant a variance to Chapter 17-5.N.(3) Lack of required
minimum room size. Krause seconded the motion. The motion carried.
The last violation being appealed was Chapter 17-5.N.(4) Lack of required 7'
minimum ceiling height. M4, kitchen has ceiling height of 6'11". M4, bedroom
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PAGE 7
and livingroom have ceiling height of 6'10". Krause made a motion to grant a
variance to Chapter 17-5.N.(4) Lack of required 7' minimum ceiling height.
Ringgenberg seconded the motion. The motion carried.
APPEAL OF DONALD SHERINIAN
Others prsent: Mark Sherinian, Donald Sherinian
Inspector Hoard reported that she conducted a licensing inspection at 344 Beldon
Avenue on November 24, 1982. The first violation being appealed was Chapter 17-
5.J.(1) Lack of required natural light. Basement dwelling unit, living
room/bedroom has 11.18 square feet natural light, lacking the required minimum
of 45.11 square feet and Chapter 17-5.K.(2)(b) Lack of required natural
ventilation. Basement dwelling unit, living room/bedroom, has 5.03 square feet
of natural ventilation, lacking the required minimum fo 20.29 square feet.
Krause made a motion to grant a variance to Chapter 17-5.J.(1) Lack of required
natural light, and Chapter 17-5.K.(2)(b) Lack of required natural ventilation.
Ringgenberg seconded the motion. The motion carried.
The last violation being appealed was Chapter 17-5.N.(4) Lack of required 7'
minimum ceiling height. Third floor bedroom has ceiling height of VA".
Ringgenberg made a motion to grant a variance to Chapter 17-5.N.(4) Lack of
required 7' minimum ceiling height. Logan seconded the motion. The motion
carried. The Board took a short recess.
APPEAL OF INVESTORS UNLIMITED c/o KATHLEEN MCLAUGHLIN
Others present: William Sueppel and Kathleen McLaughlin
Inspector Hoard reported that she conducted a licensing inspection at 212 v S.
Clinton on November 30, 1982. The first violation being appealed was Chapter
17-5.8. Kitchen/kitchenette inadequately equipped. Apt. B-5, kitchenette has
30 square feet lacking required 40 square feet minimum.
Krause made a motion to grant a variance to Chapter 17-5. B. Kitchen/kitchenette
inadequately equipped. Ringgenberg seconded the motion. The motion carried.
The next violation being appealed was Chapter 17-5.J.(1) Lack of required
natural light. Apt. B-3. livingroom has no window, lacking the 8% natural light
requirement. Chapter 17-5.K.(2)(b) Lack of required natural ventilation; Apt.
B-3, livingroom has no window, lacking the natural ventilation requirement.
Krause made a motion to grant a variance to Chapter 17-5.J.(1) Lack of required
natural light, and Chapter 17-5.K.(2)(b) Lack of required natural ventilation,
Apt B-3, livingroom. Logan seconded the motion. The motion carried.
The next violation being appealed was Chapter 17-5.J.(1) Lack of required
natural light. Apt. A-1, livingroom has no window, lacking the 8% natural light
requirement, and Chapter 17-5.K.(2)(b) Lack of required natural ventilation.
Apt. Al, livingroom has no window, lacking the natural ventilation requirement.
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Ringgenberg made a motion to grant a variance to Chapter 17-5.J.(1) Lack of
required natural light and Chapter 17-5.K.(2)(b) Lack of required natural
ventilation, Apt. A-1, livingroom. Krause seconded the motion. The motion
carried.
The last violation being appealed was Chapter 17-5.M.(1) Lack of required
electrical outlet. Apt. A-2, kitchen, convenience outlets are 819" apart
lacking the required minimum distance of 9'611.
Ringgenberg made a motion to grant a variance to Chapter 17-5.M.(1) Lack of
required electrical outlet, Apt. A-2, kitchen. Logan seconded the motion. The
motion carried.
APPEAL OF ARIE KROEZE
Others present: none
Inspector Hoard reported that she conducted a licensing inspection at 502 North
Dodge on October 20, 1982 and November 8, 1982. This appeal request letter was j
received late. Ringgenberg made a motion to hear the case. Logan seconded the
motion. The motion carried. The first violation being appealed was Chapter 17-
5.I.(2)(e) Basement unit lacks adequate egress. Apartment 5, windows are 62"
off ground, exceeding the requirement of 44" for a secondary means of egress.
After some discussion as to whether or not the Housing Code specifically allowed
the use of a basement window as a means of egress, Logan made a motion to dismiss
this violation of Chapter 17-5.I.(2)(e). Basement unit lacks adequate egress
with a recommendation that the Housing Inspection Division send a letter to Mr.
Kroeze asking him to build some kind of stoop or staircase within 44" of a
basement bedroom window. Krause seconded the motion. The motion carried.
The next violation being appealed was Chapter 17-5.M.(1) Lack of required
electrical outlet. Apt. 5, north bedroom, convenience outlets are 9' apart,
lacking the required minimum distance of 11'9".
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Logan made a motion to grant a variance to Chapter 17-5.M.(1) Lack of required
electrical outlet. Krause seconded the motion. The motion carried.
The next violation being appealed was Chapter 17-5.N.(4) Lack of required 7'
minimum ceiling height. Apt. 5 has a ceiling height of 6'11".
Krause made a motion to grant a variance to Chapter 17-5.N.(4). Lack of
required minimum ceiling height. Ringgenberg seconded the motion. The motion
carried.
The next violation being appealed was Chapter 17-5.N.(4)(b). Ceiling
obstructions exceed allowances of Housing Code. Apt. 5, north bedroom, has
ceiling obstruction at 5111".
Inspector Hoard told the Board that Mr. Kroeze didn't want the room used as a
bedroom.
Logan made a motion to grant a variance to Chapter 17-5.N.(4)(b) Ceiling
obstructions exceed allowances of Housing Code as long as this room is not used
as a bedroom. Krause seconded the motion. The motion carried.
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The last violation being appealed was Chapter 17-6.A. Lack of required access.
Apt. 5, access to bathroom is through second bedroom.
Krause made a motion to uphold Chapter 17-6.A. Lack of required access to
bathroom in Apt. 5. Logan seconded the motion. The motion carried. He would
like owner to send certified letter to tenant stating use of room and wants
receipt of certified notice returned to Housing Inspection Division for property
file. Logan seconded the motion. The motion carried.
Goldene Haendel stated that she had trouble reading some of the floor plans and
would like them drawn more clearly.
Logan made a motion to adjourn the meeting. Ringgenberg seconded the motion.
The motion carried.
Go dene Haen el, Chairperson
Housing Appeals Board
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