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HomeMy WebLinkAbout1983-05-24 Bd Comm minutesL -,/ r City Conference Board March 28, 1983 City Conference Board: March 28, 1983, at 4:30 p.m. in the Conference Room at the Civic Center in Iowa City. Mayor Neuhauser presiding. Iowa City Councilmembers Present: Neuhauser, Dickson, Balmer, Lynch. Johnson County Supervisors Present: D. Langenberg, D. Sehr Iowa City Community School Board Members: T. Cilek, 0. Phelps Staffinembers Present: Berlin, Helling, Karr, Hudson Tape -Recorded: Reel 83-4, Side 2, #342-540 Procedures to Select Residential Reappraisal Firm Cilek suggested that a representative from each jurisdiction serve on the interviewing committee and recommend a firm to the Conference Board. He also suggested that Hudson, Berlin and Jansen recommend a firm to the Board. School Board moved to direct the Iowa City assessor to interview two firms for the purpose of. doing a reappraisal of Iowa City residential properties and then to file his written recommendations with the Conference Board by May 1, 1983; seconded by the County. Neuhauser declared motion carried unanimously. Hudson stated that most other cities hired outside appraisers. Hudson explained the minimum entry rate of 80% in the criteria for selection and the informal hearing process. The Board directed Hudson to also get a price based on 90% entry rate. Hudson indicated that an appraisal shouldn't need to include photos and the Board agreed to delete that criteria. A meeting to consider Hudson's recommendation was set for April 18, 1983 at 4:30 p.m. Moved by the City, seconded by the County, to adjourn, 4:45 p.m. The Mayor declared the motion carried, 3/0. 141CROFILMED BY r 1" --- ORM-MICR6L:AM -� CEDAR RAPIDS DES I4019ES i 1 9117 �l CITY CONFERENCE BOARD MAY 2, 1983 City Conference Board: May 2, 1983, 4:30 PM in the Conference Room at the Civic Center in Iowa City. Mayor Mary Neuhauser presiding. Iowa City Councilmembers present: Neuhauser, Balmer, Perret Dickson. Johnson County Board of Supervisors Present: Donnelly, Myers Iowa City Community School Board Members: Wooldrick Staff Present: Berlin, Helling, Karr, Hudson (and deputies) Tape Recorded: Reel 83-11, Side 2, X20-45 Mayor Mary Neuhauser stated that a quorum was present. Moved by the City, seconded by the County, to appoint Charles McComas to the Board of Review. Neuhauser declared the motion passed unanimously. Moved by the County, seconded by the City, to have the chair sign a contract with Vanguard to do the reappraisals. Neuhauser declared the motion passed unanimously. Moved by the City, seconded by the County to adjourn. Neuhauser declared the meeting adjourned at 4:35 PM i MICROFILMED BY 11" - JORM---MICR6tCA9- -� CEDAR RAPIDS DES MOINES I W (r � JJ 5110) MINUTES HOUSING APPEALS BOARD APRIL 12. 1983 MEMBERS PRESENT: Goldene Haendel, Beth Ringgenberg, Fred Krause, Carol Karstens, Mike Farran MEMBERS ABSENT: Al Logan STAFF PRESENT: Judy Hoard, Kelley Vezina, David Malone, David Brown, Michael Kucharzak, Larry Kinney SUMMARY OF DISCUSSION AND ACTION TAKEN: Haendel called the meeting to order. Ringgenberg made a motion to approve the minutes from the March 23, 1983, meeting. Karstens seconded the motion. The motion carried. APPEAL OF MARILYN CERMAK, 1218 GINTER: Present: None. Inspector Vezina reported that he conducted a licensing inspection at 1218 Ginter on February 10, 1983. The appeal request for this violation was not filed within the ten day filing period. Krause made a motion to hear the appeal. Karstens seconded the motion. The motion carried. The violation appealed was Chapter 17-5.K.(3)(a) lack of mechanical system of ventilation, the basement bathroom lacks a mechanical vent fan or openable window. Inspector Vezina read the appeal request from Ms. Cermak to the Board in which she stated that she did not consider the water closet and lavatory as a second bathroom. She added that no one used this room. Krause made a motion to grant a variance to Chapter 17- 5.K.(3)(a) lack of required mechanical ventilation. There was no second to the motion. Ringgenberg then made a motion to uphold Chapter 17-5.K.(3)(a) lack of mechanical system ventilation in the basement bathroom. Karstens seconded the motion. The motion carried. APPEAL OF MARLIN VEATCH, 606 N, GILBERT: Present: Marlin Veatch. Inspector Vezina reported that he conducted a licensing inspection at 606 N. Gilbert on February 14, 1983. The first violation appealed was Chapter 17- 5.J.(1) lack of required natural light and Chapter 17-5.K.(2)(b) lack of required natural ventilation. The south bedroom in the basement has 4.26 square feet of natural light and needs 9.25 square feet. Inspector Vezina reported that the dwelling unit consisted of the first floor and the basement with the sleeping rooms in the basement. Mr. Veatch stated that he had purchased the property in 1976 and had not made any alterations in it since that time. 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 the south bedroom in the basement. Ringgenberg seconded the motion. The motion carried. 9s1P MICROFILMED OY 1" --- JORM-`MICR#LAB 1 CEDAR RAPIDS • DES MOINES I /� MINUTES HOUSING APPEALS BOARD APRIL 12, 1983 PAGE 2 The second violation appealed was Chapter 17-5.J.(1) lack of required natural light and 17-5.K.(2)(b) lack of required natural ventilation. The north bedroom in the basement has 6.45 square feet of natural light and needs 10.45 square feet. Ringgenberg made a motion to grant a variance to Chapter 17-5.J.(1) lack of required natural light and 17-5.K.(2)(b) lack of required natural ventilation in the north bedroom in the basement. Krause seconded the motion. The motion carried. The next violation appealed was Chapter 17-5.N.(4) lack of required 7' minimum ceiling height. The south basement bedroom has a ceiling height of 6'10" and the north basement bedroom has a ceiling height of 6'4's". Krause made a motion to grant a variance to Chapter 17-5.N.(4) lack of required 7' minimum ceiling height in both the south bedroom and the north bedroom of the basement. Karstens seconded the motion. The motion carried. APPEAL OF DELTA CHI FRATERNITY, 309 N. RIVERSIDE DRIVE: Present: Mark Lorenz. Inspector Vezina reported that he conducted a licensing inspection at 309 N. Riverside Drive on February 8, 1983. The violation appealed was Chapter 17- 5.N.(3) lack of required room size. The second floor cold air dorm is occupied by 24 people, the Housing Code allows for 11 people. Inspector Vezina reported that there was 446 square feet in the second floor cold air dorm. Based on his computations that square footage would allow for 11 people to occupy the room. Mr. Lorenz stated that the structure was built in 1929 and at that time members were required to sleep in the cold air dorms. That policy has since changed to allow for members to live in individual rooms. He stated that bunk beds had been permanently constructed with electricity wired to the bunks that was automatically shut off during the late evening hours thus preventing any fire problems. He stated that this was a voluntary sleeping area now and that members chose to sleep there so that they could have more living type furniture in their respective rooms. He stated that 47 people lived in the house of which 24 people were occupying the cold air room. Fire Marshal Kinney was asked by the Appeals Board if he foresaw any fire problems with this living arrangement. He stated that he did not. Kucharzak added that in order to solve the over - occupancy problem that the house members may have to rearrange their sleeping accommodations. Krause made a motion to uphold Chapter 17-5.N.(3) lack of required room size in the second floor cold air dorm. Karstens seconded the motion. The motion carried. APPEAL OF EDWARD PIZZINI, 1607 E. COURT: Present: Edward Pizzini. Inspector Malone reported that he conducted a licensing inspection at 1607 E. Court on March 16, 1983. The violation appealed was Chapter 17-5. N. (4)(a) lack of required 7' minimum ceiling in room with sloping ceiling. The second floor unit has a ceiling height of 6'11" sloping down to 51. Inspector Malone reported that there was a flat part of the ceiling that was 6' in width for the entire length of the second floor unit that had a ceiling height of 6'11", Mr. Pizzini stated that it would be difficult to raise the ceiling due to the roof truss structure. He added that the carpeting could be removed to gain one-half 9sX/ r_ i 141CROFILMED BY ' I ' "'"DORM"MIC R(a�ILAB_ CEDAR RAPIDS DES MOINES i I/ I MINUTES 1 HOUSING APPEALS BOARD APRIL 12, 1983 PAGE 3 inch but he did not feel this would be of benefit to the tenants. Rinygenberg made a motiun to grant a variance to Chapter 17-5.'l.(4)(a) lack of required 7' minimum ceiling height in room with sloping ceiling, second flour unit. Krause seconded the motion. The motion carried. APPEAL OF BEN RITTGERS, 115E FAIRCHILD: Present: None. Inspector Malone reported that he conducted a licensing inspection at 115 E. Fairchild on March 25, 1983. The violation appealed was Chapter 17-5.N.(4) lack of required 7' minimum ceiling height. The west basement dwelling unit had a ceiling height of 6'10"-7'. Karstens made a motion to grant a variance to Chapter 17-5.N.(4) lack of required 7' minimum ceiling height west basement dwelling unit. Ringgenberg seconded the motion. The motion carried. APPEAL OF MR. AND MRS. DOUG YANSKY 319 N. VAN BUREN. Present: None. Inspector Malone reported that he conducted a request inspection at 319 N. Van Buren on March 22, 1983. The violation appealed was Chapter 17-5.N. (4)(a) lack of required 7' minimum ceiling height in room with sloping ceiling. The kitchen ceiling height is 6'9" sloping down to 5'3§". Malone reported that this property was currently owner -occupied and the inspection had been requested due to the sale of the property. Farran made a motion to grant a variance to Chapter 17-S.N.(4)(a) lack of required 7' minimum ceiling height in room with sloping ceiling, in the kitchen. Ringgenberg seconded the motion. The motion carried. The next violation appealed was Chapter 17-5.N.(4)(a) lack of required 7' minimum ceiling height in room with sloping ceiling. The second floor north roomhas a ceiling height of 6'%" to 5'. Farran made a motion to uphold Chapter 17-5.N.(4)(a) lack of required minimum ceiling height in room with sloping ceiling in second floor north room, Karstens seconded the motion. The motion carried. APPEAL OF GARY FITZPATRICK 921 E. BURLINGTON: Present: Gary Fitzpatrick. Inspector Hoard reported that Mr. Fitzpatrick had filed two appeals. One appeal had not been filed within the proper filing time. Karstens made a motion to hear the appeal that had been filed late. Ringgenberg seconded the motion. The motion carried. Inspector Hoard reported that a licensing inspection had been conducted by Inspector Vezina on the second floor unit on August 19, 1982. The violation appealed was Chapter 17-5.N.(4) lack of required 7' minimum ceiling height. The third floor has a ceiling height of 6'71'. Krause made a motion to grant a variance to Chapter 17-5.N.(4) lack of required 7' minimum ceiling height in third floor room. Karstens seconded the motion. The motion carried. Inspector Hoard reported that she conducted a licensing inspection of the basement unit on January 26, 1983. This appeal had been filed within the proper time period. The violation appealed was Chapter 17-4 lack of valid certificate 91W 1 i MICROFILMED BY 1 1_ --- JORM-MIC RdLAB 1 r CEDAR RAPIDS • DES M01NES .J r MINUTES HOUSING APPEALS BOARD APRIL 12, 1983 PAGE 4 of structure compliance and/or rental permit. A duplex structure was being used as a multiple (three unit structure). Permission must be obtained from zoning official before corrections are made or unit vacated. Inspector Hoard reported that when she conducted the inspection the basement was being used as a complete dwelling unit. She stated that Mr. Fitzpatrick had told her that he rented it out strictly as a rooming unit. Mr. Fitzpatrick stated that he had been advised some years earlier that he could maintain the usage of this property as a duplex with a rooming unit in the basement. At this time Kucharzak explained in detail to the Board that there could be a dwelling unit on the first floor with a room in the basement as long as the rooms were adjoining. In this case there was no connection between the first floor unit and the basement unit. Inspector Hoard stated that property was in a duplex zone. Kucharzak stated that it appeared that the new zoning code would allow for a multiple or rooming house use at this property location. He told the Board that if they chose they could defer the decision until the new zoning code was implemented, which was targeted for August 2, 1983. Krause made a motion to defer a decision on this violation, Chapter 17-4 lack of valid certificate of structure compliance and/or rental permit, until August 2, 1983. Karstens seconded the motion. The motion carried. The next violation appealed was Chapter 17-5.N.(4) lack of required 7' minimum ceiling height. The basement bedroom has a ceiling height of 6'10" and the livingroom has a ceiling height of 6'11". Karstens made a motion to grant a variance to Chapter 17-5.N.(4) lack of required 7' minimum ceiling height in both the basement bedroom and livingroom. Ringgenberg seconded the motion. The motion carried. APPEAL OF CLIFFORD WALTERS, 1024 N. GOVERNOR: Present: None. Inspector Malone reported that he conducted a licensing inspection at 1024 N. Governor on March 7, 1983. The violation appealed was Chapter 17-5.N.(4)(a) lack of required 7' minimum ceiling height in room with sloping ceiling. The second floor, habitable area, has a ceiling height of 6'10'5". Ringgenberg made a motion to grant a variance to Chapter 17-5.N.(4)(a) lack of required 7' minimum ceiling height in room with sloping ceiling second floor habitable area. Karstens seconded the motion. The motion carried. APPEAL OF GERALDINE SHEPARD, 420 N. GILBERT: Present: None. Inspector Malone reported that he conducted a licensing inspection at 420 N. Gilbert on March 4, 1983. The violation being appealed was Chapter 17-5.N.(4) lack of required 7' minimum ceiling height. The third floor dwelling unit has a ceiling height of 6'11". Karstens made a motion to grant a variance to Chapter 17-5.N.(4) lack of required 7' minimum ceiling height third floor dwelling unit. Ringgenberg seconded the motion. The motion carried. 1 i MICROFILMED BY 1. -DORM MICROLAB -� CEDAR RAPIDS • DES MOVIES i 9�P f J MINUTES HOUSING APPEALS BOARD APRIL 12, 1983 PAGE 5 APPEAL OF HAL WEBSTER. 920 HUDSON: Present: None. Inspector Malone reported that he conducted a licensing inspection at 920 Hudson on January 28, 1983. The violation appealed was Chapter 17-5.N.(4) lack of required 7' minimum ceiling height. The basement apartment has a ceiling height of 616i11. Krause made a motion to grant a variance to Chapter 17-5.N.(4)selack of required 7' minimum ceiling height, basement apartment. Ringg 9 conded the motion. The motion carried. Krause made a motion to adjourn the meeting. Karstens seconded the motion. The motion.carried. Goldene Haendel, Chairperson Housing Appeals Board f' 1 MICROFILMED BY - J0RM-'MIC RIJLA9 CEDAR RAPIDS DES'MOINES of MINUTES CIVIL SERVICE COMMISSION MARCH 26, 1983 10:00 A.M. IOWA CITY RECREATION CENTER MEMBERS PRESENT: Orelup, Walker, Maxwell MEMBERS ABSENT: None STAFF PRESENT: Carroll OTHERS PRESENT: Firefighter Dick Craig, Sergeant Ron Fort, Sergeant Pat Harney, Sergeant Dave Harris, Sergeant James Hazlett, Sergeant Craig Lihs, Sergeant William Cook SUMMARY OF RELEVANT DISCUSSION: Firefigthter Craig presented some questions concerning the application of certain sections of the Civil Service Code: 400.10 veterans preference (whether it should apply to promotions), 400.11 appointment within 30 days, and 400.12 posting of a seniority list. A seniority list will be prepared and posted by the Human Relations staff for Fire Department employees. The Commission reviewed the resumes of candidates for the position of Police Captain with regard to educational efforts, community involvement and past performance. The candidates were present individually to answer questions in these areas. Commissioners will forward scores to Carroll who will total them with assessment center scores. The Police Captain list will be certified the following week. The Commission discussed the selection process for the position of Police Sergeant. Carroll will be working on an assessment center for this position. The Commission discussed the failure rate on the Fire Lieutenant list and decided that a memo should be sent to the City Manager commenting that the test scores may indicate that department training efforts may need to be improved and continued efforts are to be encouraged. The Commission wanted to assure applicants who participated in the testing process that Ames has verified that the test scoring was proper and was carefully checked several times. The Commission hopes to see better exam scores in the future. The Commission discussed Police Sergeant written test scores. Information provided by the test company, McCannon Associates, indicates our Police Officers scored considerably above the national average for this test. The Commission requested that compliments be sent to those scoring well on the test. qy9 l IdICROFILMED BY JORM--MICR6LAB CEDAR RAPIDS DES MOINES , J i I i MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION MARCH 10, 1983 CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT: Madsen, Eskin, Terry, Ehninger, Johnson MEMBERS ABSENT: None MEMBERS EXCUSED: None OTHERS PRESENT: Anita Benda-Stech, Bill Blough, Karen Kalergis STAFF PRESENT: Shaffer RECOMMENDATIONS TO COUNCIL: i i None. f RECOMMENDATIONS TO CITY MANAGER: 1 The BTC recommended a policy to the City Manager that would attempt to effectively handle the access video equipment problems now experienced by community producers. The policy involves the City Manager making use of his powers to remedy terms of the franchise not being met by the cable company, by drawing upon the Security Fund as stipulated in Section 14-75(D)(3) of Ordinance 78-2917. 1 MATTERS PENDING COUNCIL -COMMISSION DISPOSITION: Government channel 29 cablecasting guidelines. MEETING CALLED TO ORDER: Meeting called to order at 4:10 p.m. MINUTES: Terry noted a correction on page three of the minutes of February 15, all equipment in the report from Hawkeye dated 1/27/83 was down an average of 50% of time. Ehninger moved, Madsen seconded, minutes of the last meeting be approved. Minutes approved unanimously. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: Following discussion of Hawkeye's equipment report, a resolution was adopted requiring Hawkeye have available in working condition at all times as a minimum the equipment promised in the franchise (or equivalent substitutes) 100% of the time. Also approved was a resolution stating the Commission's intention to enforce Section 14-75(0)(3), by recommending the City Manager use the security fund named in that section as necessary, in the event of failure by the company to comply with minimal equipment standards. A memo to this effect will be sent to the City Manager. Blough will look into the possibility of setting up a local 9sv \ MICROFILMED BY "" 1. - -"1•,_„i/ JORM;-MIC R(�ClfO- _l CEDAR RAPIDS DES M01NES BROADBAND TELECOMMUNICATIONS COMMISSION MARCH 10, 1983 PAGE 2 interest-bearing account for deposit of subscribers' security deposits. The interest would be used as support funds for access. This comes from a suggestion by a complainant to Shaffer. Lights will be installed soon in Council Chambers by Shay Electric. The City sent a letter regarding SR66 to Washington. A new compromise between the NLC and NATOA may affect this legislation. Completion of construction for Spencer Drive is expected by June 15th. Dead spots on MTV -FM will be used for commercials. Hawkeye may pick up SNCII, a free service from ABC and Group W. ANNOUNCEMENTS: Election of Chair and Vice -Chair for 1983-84 will be April 26, 1983, fourth , Tuesday of the month. PUBLIC DISCUSSION: None. HAWKEYE'S EQUIPMENT REPORT AND STATE OF PRODUCTION EQUIPMENT: Terry noted Hawkeye's report did not arrive one week prior to BTC meeting as requested. Terry reiterated this request for future reports. Terry observed problems were apparent with the camera focus and color in the recent show "Pass the Popcorn." Kalergis stated the camera in question is the studio camera in need of a new vidicon tube. Since a portable substitute camera was in use that night elsewhere, this show and another had used the malfunctioning studio camera as was referred to in the report, resulting in the poor picture quality. Eskin suggested using this report to analyze and make a determination as per the last minutes. Terry asked that the Commission be supplied with a copy of the Video Midwest/Hawkeye contract as called for in the minutes. Kalergis said she would send the document to the Commission. Eskin remarked that it is time to say the equipment has been down too often and even one day is too much. Johnson moved that the Commission's policy with regard to the condition of the equipment be: that the Commission require Hawkeye to have available in working condition at all times as a minimum the equipment promised in the franchise (or its equivalent substitutes) 100% of the time. Administration of this goal shall be left to Hawkeye. Eskin seconded the motion with an arlendment to impose a $100 per day fine per equipment item not available. Ellninger stated she would support the motion following a clarification as to the penalty called for by the franchise. Terry referred to Section 14-75(D) of the franchise and the City Manager's use of a security fund to cover expenditures for repair of equipment. Madsen read the section called for the previous question and the motion was approved unanimously. Eskin moved and Johnson seconded that the Commission recommend to City Manager that a fine be imposed on the company of $100 per day per piece of equipment not available for use under the terms of the franchise. Johnson offered an amendment that the Commission put the company on notice that it is the Commission's intention to enforce Section 14-75(0)(3) by recommending to the City Manager, in the event of a failure by the company to comply with the minimal equipment standards, that the security fund be used as necessary. Motion as amended, approved unanimously. They City Manager will be sent a memo from the BTC to this effect as soon as possible. y so r 141CRUILMED BY 1 JORM MIC ROLA B� � ' ICEDAR RAPIDS - DES '101NES � I BROADBAND TELECOMMUNICATIONS COMMISSION MARCH 10, 1983 PAGE 3 CHANNEL 29 GUIDELINES: Madsen moved, Ehninger seconded to table the item. Motion approved unanimously. PRIORITIES FOR BTC FOR 1983-84: Moved by Madsen, seconded by Johnson, to table item. Motion approved by unanimous vote. BTS REPORT: BTS received seven complaints during previous month; two dealt with equipment. City Forester called Shaffer with complaint of tree cutting activity. Slough responded Hawkeye has not been engaged recently in tree cutting. Shaffer and Slough will meet to determine who is responsible for this. Shaffer asked that the Commission be supplied with copies of a letter from Hawkeye to John Morrisey. Morrisey's complaint stated he had made a deposit on a convertabox, which money had not been repaid for a period of approximately two to three months. Morrisey's letter had noted this money had been sent to ATC in Denver where it was placed in a non-interest-bearing account. Shaffer repeated Morrisey's suggestion that this money instead be placed in a local, interest- bearing account with the interest to be channeled back into local access. support. Slough observed that the idea of using such interest for access is a good one, but that setting up and managing such an account posed a great deal of difficulty at this time. However, Slough will look into the possibility of doing this: Shaffer stated Hawkeye did respond to a letter from Dean Levin. Shaffer said the Council lights will be installed by Shay Electric at a cost of approximately $3,000. This should be completed within a few weeks. The City has sent a letter in regard to SR66 to Washington. Shaffer gave a brief notation on the recent compromise between the National League of Cities (NLC) and the National Association of Telecommunications Officers and Administrators (NATOA). The compromise deals with rate regulation and franchise renewal. Shaffer has not yet received a written copy of the exact wording of the compromise. Shaffer said he also has not received a copy of financial information expected from Hawkeye. Slough said that as soon as some revisions in the report are completed, copies will be sent to the Commissioners at their local mailing addresses. This Slough will accomplish prior to the April BTC meeting. HAWKEYE'S REPORT: Construction plans are moving forward. Good weather should precipitate an early start. Spencer Drive is due for completion by June 15. MTV is going well with 6-10 FM hook-ups per day and is projected to improve. Slough noted "dead spots" on FM with MTV. This spot will be used in the future for commercials. Hawkeye is seriously looking forward to Satellite News Channel II from ABC and Group W of Westar V. This is a free service with equipment cost in the $6,000 to $7,000 range. Currently CNN runs .154 per subscriber. Some other programming services have recently gone out of business. Hawkeye has provided a listing of programming services available and their cost. Johnson brought up the question of inaccurate time displayed on channel 6. Slough said the company resets its clock frequently but problems do persist. Discussion ensued preparatory to the Annual Input Form. 1 r 141CROFILMED By 1 -"JORM MICR41LAS CEDAR RAPIDS • DES MINES yso r J rr°^v BROADBAND TELECOMMUNICATIONS COMMISSION MARCH 10, 1983 PAGE 4 NEW BUSINESS: In order to facilitate smoother functioning of the Commission, Terry and Shaffer will meet once a week on Wednesday mornings. Ehninger will be the new minutes reader. ADJOURNMENT: Moved by Ehninger, seocnded by Madsen, to adjourn. Approved unanimously. Meeting adjourned at 5:30 p.m. Respectfully submit ed, G William Drew Shaff Broadband Telecommunications Specialist JMICROFILMED BY JORM"--MIC CEDAR RAPIDS • DFS td011VE5 III gSD 0 MINUTES HUMAN RIGHTS COMMISSION APRIL 25, 1983 7:30 P.M. CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Barcelo, Felton, Futrell, Gill, Johnson, Jordison, Scupham, Watson STAFF PRESENT: Helling, Williams GUESTS PRESENT: Andy Hug, Urban Administration student RECOMMENDATION TO CITY COUNCIL: 1. The Human Rights Commission recommends the City Council have the City Attorney review the ordinance revisions suggested by Scott Nichols an Assistant Attorney General. The Commission further recommends the City Council take appropriate action as advised by the City Attorney as soon as possible. RECOMMENDATIONS TO CITY MANAGER OR STAFF: 1. The Human Rights Commission recommends the Human Relations Director add an addendum to the Affirmative Action Program quarterly reports indicating the number of people involved in reported employee movement as opposed to just percentages of people. SUMMARY OF RELEVANT DISCUSSION: 1. The meeting was called to order by Chairperson Barcelo at 7:40 p.m. 2. The Human Relations Director - Anne Carroll - was present to answer questions any Commissioners had regarding the second quarter affirmative action report. -At least three of the Commissioners present indicated a desire to have numbers as well as percentages because they did not feel the percentages gave them a clear picture of what employment movement was actually occurring. -Some of the goals that were stated within the report were clarified and discussed. -Temporary employees were defined and the benefits of an increase in minority temporary employees were discussed. -Affirmative action goals other than those concerning hiring were briefly discussed. -A discussion ensued pertaining to the perceived attitude of waiting for something to happen (e.g. a job opening) and then reacting as opposed to 1' � I ' RI CROF ILnED a1' f 1 'JORM "MICZLAB -� CEDAR RAPIDS • DES MOINES I j I 9s/ J Human Rights Commission April 25, 1983 Page 2 doing something now particularly within the departments which have highly visible community jobs - such as the police and fire departments. -The adherence to a "statistically correct" affirmative action program as opposed to having a humane approach and commitment to a multi-cultural workforce was also discussed. 3. Moved by Johnson and seconded by Watson to approve the minutes of March 28, 1983, as circulated. The motion carried unanimously. 4. The member of the public introduced himself. Watson informed the Commission of Turner being in the hospital. 5. Complaints pending: A. E/S, 5-13-8002 and 5-19-8003. Barcelo reported the team is writing a letter to the Respondent with the conciliation agreement attached. Barcelo hoped to have the case concluded shortly. 6. Cases closed: Barcelo requested the agenda indicate whether the case was closed with a no probable cause decision or a probably cause decision. 7. Case assignment: A. E/R, 8-28-8103 - Johnson (Chair); Watson, Scupham. 8. Cases in legal: Two cases are in legal. 9. Community outreach A. Brochures. There was one comment regarding question N5 on the employer's brochure - left hand column - this will now read: Person to notify in case of emergency. No other changes were recommended and staff will now handle the printing and distribution of these brochures. B. Future projects. Several future projects were suggested and given the community outreach committee (Felton, Johnson, Turner) for prioritization. Suggestions included: -A document listing questions most frequently asked of us. -A document discussing the crediting of unpaid work experience (housewives, volunteer workers, etc.). -A referrals brochure advising the public on who to contact with their various wage and hour questions, etc. gs/ i141CROFILMED BY "JOF7M--MIC ROLA B` CEDAR RAPIDS • DGS MOINES I � f / Human Rights Commission April 25, 1983 Page 3 -A printed document listing the do's and don'ts of employment. -A model employment application. -A mailer educating landlords and property owners on the do's and don'ts of housing transactions. -Some way to advertise city commission openings to minorities and other community protected classes to encourage their participation in city government. -Become more involved with the school system and develop a format describing how we can be utilized as a resource as opposed to just giving our names and areas of expertise. Johnson further suggested we teach children how to vent their frustrations with each other in a more humane manner. -Watson asked the staff to call the editor of the Press -Citizen and push for the printing of the Commission's quarterly reports. Scupham suggested the committee pick out groups within the community the Commissinn wanted to reach and then develop the educational activity accordingly. -Johnson requested staff survey other local Commissions within the state as well as those Commissions in adjoining states and request information on their community outreach efforts and successes. The standing community outreach committee will prioritize the above suggestions and report back to the Commission by no later than the June meeting. I 10. Old Business: A. Letter from Senior Center Commission Chairperson. Scupham, Barcelo, Jordison and Watson will attend the May 19 Senior Center Commission meeting. B. Letter from Scott Nichols. Mr. Nichols, Assistant Attorney General with the Iowa Civil Rights Commission, reviewed the City's non- discrimination ordinance per the Commission's request. Mr. Nichols had two major suggestions: 1. Add a judicial review provision to the ordinance, and, 2. Consider providing "right to sue" letters to Complainants. Futrell moved that the Commission recommend to the City Council that they have legal review Scott Nichols' recommendations regarding our ordinance and that the City Council take appropriate action based on legal's review and advice. Gill seconded. The motion carried unanimously. Barcelo will send a cover letter to the City Council further explaining the Commission's request. The Commission would prefer the City Council look into the latest proposed revisions now as opposed to reviewing these possible revisions when the proposals they have already received are reviewed. C. Human Rights Conference. The possibility of coordinating a human rights conference will be one of the items looked into by the community outreach committee. The discussion which ensued concerning this project leaned towards this project being a low priority item. 9s/ i 141CROMMED BY -.,,,_•`-' -JORM-MICR46LAB_ - 1 CEDAR RAPIDS DES'MOVIES / I Human Rights Commission April 25, 1983 Page 4 D. Letters to complainants. The letter from David Brown regarding what Commissioners could say to complainants when advising them of a no probable cause determination was discussed. Commissioners had been concerned about telling complainants what advice had been given to a Respondent. After discussing the legal opinion Commissioners decided to refrain from being so "wordy" with complainants and furthermore rather than give respondents advice, Commissioners will tell respondents advice can be given if requested. 11. New Business: A. Letter to other commissions. Barcelo described how a Dubuque, Iowa minority group requested a letter of support from our Commission. It was decided a letter of that nature would be inappropriate. B. Civil Rights Assistant Selection Committee. Applicants for the Civil Rights Assistant position will be interviewed by Helling, Williams j and Barcelo. C. Second annual human rights conference. Commissioners decided to participate by preparing a 1-2 hour presentation on ordinance i revisions - a case study. Johnson, Scupham and Watson indicated their availability for a panel discussion regarding the ordinance revision process. A graphic presentation of the ordinance revision process was also suggested. Watson will coordinate the presentation. 12. Staff Report. It was suggested the employer referred to in #11 of the staff report be sent a letter affirming the Commission's commendation of the action taken to resolve an alleged discriminatory act committed by one of their employees. 13. The next Commission meeting: May 23, 1983. 14. The meeting adjourned at 9:20 p.m. Taken by: Phyllis A. Williams Approved by: J� \ 9s/ i 141CROFILMED BY 11- 'JORM MICR6LAB- .i CEDAR RAPIDS DES MOINES I I I I III NUl ES HISTORIC PRESERVATION COMMISSION APRIL 27, 1983 -- 7:30 P.M. IOWA CITY CIVIC CENTER LAW LIBRARY MEMBERS PRESENT: Howard Jones, Greg Duffey, Margaret Nowysz, Steven Vander Woude, Larry Baker, James Hayes, Chuck Skaugstad STAFF PRESENT RESIDENTS PRESENT: Pat Keller George McCormick The meeting began with members of the Historic Preservation Commission and staff introducing themselves. Pat Keller then went over the functional operation, educational operation, and tasks needed to be completed by the Historic Preservation Commission. The Commission then reviewed the Historic Preservation Ordinance passed by City Council. I Larry Baker opened the general discussion by asking if there was a size limit for historic district designation? George McCormick responded that at a minimum districts have to be at least two contiguous properties and cannot consist of individual buildings. Jim Hayes asked about how the Commission would go about the process of establishing historic districts. George McCormick talked about the Summit Street and Woodlawn areas that were already on the National Register of Historic Places and how these areas could be designated by the Commission. The options for pursuing district designation were then outlined as generating from Commission surveys, National Register of Historic Places, or concerned citizens. The question was raised by Howard Jones as to what the advantages of being in an historic district would be to individuals, including those interested as well as those not interested in participation. Pat Keller then explained some of the economic incentives that have been used in other cities. Larry Baker asked what constituted a majority for inclusion in a district. Concern was raised over what requirements were necessary to include an area in an historic district. Pat Keller explained that the requirements on inclusion, i.e. what majority of voters favoring inclusion versus those wishing to not participate in order to be part of an historic district is something that the Commission will have to establish. George McCormick stressed the long length of time required to create historic districts and that the task of establishing districts should be started as soon as possible. Margaret Nowysz suggested that, much like George, she would like to see districts nominated as soon as possible. She suggested that Woodlawn, Summit Street and College Hill were areas that could be established as historic districts without too much difficulty. George McCormick wanted to stress two points that the task force encountered While writing the Historic Preservation Ordinance. The first point was that a building can be completely gutted before a demolition permit is required, 1- i MICROFILMED BY --JORM MICRC/LAB CEDAR RAPIDS DES MOINES , ysz J H1S1OIi1C PRESERVATI0N COMMISSION APRIL 27, 1983 PAG[ 2 therefore, the building has been effectively destroyed without officially being demolished. Since a certificate of appropriateness is required for a demolition permit, the building needing a demolition permit would already have been effectively destroyed. A certificate of appropriateness is also required for building permits, however, individuals do not need building permits to pour foundations, or install siding. Margaret Nowysz expressed concerns about the building season starting and the Commission just getting underway and not having effective controls in potential historic areas. George added that it would be beneficial to educate the building inspectors as well as contractors on the nature of historic rehabilitation. It was stated that the present taxing policies of including exterior features of buildings for taxing, mitigated against the prospect of historic preservation, because contractors and owners have no incentive to maintain or improve the exterior of structures. People, therefore, are less concerned about exterior maintenance. Jim Hayes asked that in light of the issues and concerns of the Historic Preservation Commission, and their unfamiliarity regarding education and operation of the Commission, could an individual be invited from another city involved in historic preservation to talk about the operation of their commission. Hayes stated that education should begin with the Commission. Pat Keller responded that this would be investigated and a series of speakers would be invited to talk to the Commission as soon as possible. Larry Baker asked if there was any problem including churches, State or University property in historic districts. George McCormick explained that only the University had problems with being included in districts because they did not want to be tied down to any agreements with the City. But they were in favor of historic preservation, in fact, many of the buildings they owned had already been rehabilitated to historic standards. Chuck Skaugstad asked what was meant by "change in appearance of a building" as written in the historic preservation ordinance. Does this clause unduly restrict the Commission from being able to make an impact in historic districts. George iterated that a regulated permit was required for involvement by the Historic Preservation Commission and certain items had been removed from the requirement of obtaining a building permit. Margaret stressed that in light of the constraints imposed by the ordinance, a widespread educational effort should be undertaken. Symposiums, seminars, and mailings should be investigated as viable approaches to education. Chuck agreed that widespread education would be beneficial and suggested a mailing to historic districts. George suggested the inclusion of an historic preservation fair featuring craftsman, suppliers and contractors involved in historic preservation similar to that conducted in Ohio. Margaret stressed that local contractors are the ones which really need to be informed. George asked that a central point of collection be established so that people would know where to get information regarding historic renovation or rehabilitation. Larry Baker brought up the point that the north side commercial area will be subject to higher density development under the proposed zoning ordinance. The proposed rezoning could be potentially harmful to the efforts of historic Preservation. Chuck wanted to know if this area could be targeted for information. ysz I i MICROFILMID BY JORM-MICR6LAB- CEDAR RAPIDS DES !10MES � I HISTORIC 1'RESLRVA110N COMMISSION APRIL 27, 1983 PALL 3 Howard Jones asked that if economic incentives were used, what would they be? Factors that encourage people to participate are often of economic origin. He felt that it would be helpful to know what other commissions are doing in this area. Keller responded that this information could be obtained and presented at a later meeting. Margaret Nowysz suggested that rather than economic incentives, frequently small changes such as street signage often make a difference in an historic neighborhood. This idea was suggested at an earlier task force meeting. George McCormick added that people interested in historic preservation were really interested in protection. Housing and restoration are considered investments and people wanted to protect these investments. Generally speaking, these people will not need incentives. Margaret stressed the point that the residents of College Hill, Summit, Woodlawn and Benton Street areas do have a sense of community spirit and are organized to protect their neighborhoods. Howard Jones reviewed the potential list of items to be placed on the agenda. Margaret added that the idea of holding a restoration fair should be investigated and members of the Commission should bring a list of topics to the next meeting. Greg discussed the idea of restoration from the contractor's point of view in regard to the cost and types of materials involved. Howard Jones suggested the use of local contractors in the renovation fair to show residents about the possibility of rehabilitation. George McCormick stated that he had been contacted by individuals involved in the restoration of Plum Grove Acres. This group was soliciting the support of the Historic Preservation Commission for its work on the grounds and exterior of the building. Margaret Nowysz proposed a resolution to read: "The Iowa City Historic Preservation Commission supports the efforts of Plum Grove Acres in its restoration and rehabilitation efforts on the grounds and building known as Plum Grove Acres." The resolution was seconded by Chuck Skaugstad and passed unanimously. Pat Keller read the memorandum regarding CCN and the Jobs Bill to the Historic Preservation Commission. The memo was passed around the table and discussed. Margaret Nowysz suggested that the Historic Preservation Commission submit a proposal to CCN for the use of these funds and a demonstration project could be used as an example to residents of Iowa City about historic preservation. Greg Duffey suggested the creation of a salvage bank to collect historic pieces of demolished buildings that could be reused at a later date. Larry Baker added that perhaps the Commssion could get first rights on salvage by making a formal request to all Iowa City developers. Steven Vander Woude brought up the point that in salvage work, contractors retain very high liability. The unskilled laborer working on an open site might cause contractors insurance problems. Howard Jones wanted to know what the timetables were for submission of a proposal to CCN. Keller explained the input process and the May 4 and 11 deadlines. Margaret Nowysz suggested meeting with CCN or sending an historic preservation commission representative to meet with CCN. It was agreed that she would work with Pat Keller on meeting these deadlines. MICROFILMED BY l ""JORM -M ICROLAB1 CEDAR RAPIDS DES MOINES i 9Sa 1 J i J HISTORIC PRESERVATION COMMISSION APRIL 27, 1983 PAGE 4 Howard Junes presented a motion to accept Margaret Nowysz as temporary chairperson for the Historic Preservation Commission. This motion was seconded by Jim Hayes. There was no discussion and the vote was passed unanimously. Howard Jones presented a motion to elect Margaret Nowysz as the Historic Preservation Commission member to meet with CCN on May 4th and 11th regarding a request for project funding. Jim Hayes seconded this motion. There was no discussion and the vote passed unanimously. Howard jones presented a motion for the Commission to empower the Temporary Chairperson to call for a Special Meeting of the Historic Preservation Commission to discuss potential requests for CCN funding if it were deemed desirable. Jim Hayes seconded this motion and it was passed unanimously. Chuck Skaugstad introduced a motion to elect Howard Jones as the temporary Vice - Chairperson for the Historic Preservation Commission. Jim Hayes seconded this motion and it was passed unanimously. The meeting was adjourned at 9:23 P.M. I• 1 ' i MICROFILMED BY I -JORM --MICR46L-AE1- 1 - CEDAR RAPIDS DES MOINES f 1 9.52 0 JI MINUTES COMMITTEE ON COMMUNITY NEEDS MAY 4, 1983 12:00 NOON IOWA CITY PUBLIC LIBRARY - ROOM A MEMBERS PRESENT: Williams, Krause, McGee, Becker, Jackson, Lauria, Leshtz, Stimmel, Whitlow, Bonney, Hirt MEMBERS ABSENT: None. STAFF PRESENT: Milkman, Hencin, Barnes, Keller, Mintle, Parmeter (intern), Behrman GUESTS PRESENT: Lucy Luxenburg, Elderly Services Agency; Diane Pepetone, Willow Creek Neighborhood Center; Gary Hobbs and Hank Orenstein, Project Hard Times; Howard Jones, Historic Preservation Commission; and members of the media. RECOMMENDATIONS TO CITY COUNCIL: None. REQUEST TO THE MAYOR: CCN would like to invite Mayor Neuhauser to its next regular meeting on Tuesday, June 21, 1983, at 3:30 p.m. (or at another convenient time) to discuss CCN's expanded role. RECOMMENDATIONS To THE PLANNING AND ZONING COMMISSION: 1. CCN recommends that the Planning and Zoning Commission consider commuter lots or alternative off-street parking lots for high density areas in the center of the city in order to make construction of high density multi- family units (RM80 zones) feasible. SUMMARY OF DISCUSSION: Lauria called the meeting to order and introduced the new members. Moved by Bonney to approve the minutes of April 6, 1983, as amended: Page 6, line 7, second paragraph: "one bedroom units" not "single-family units". Seconded by Leshtz. The motion carried unanimously. Public Discussion/Members/Council Discussion: The guests introduced themselves. Lauria requested clarification of the benefits of revising the floodplain maps. Hencin complied. Public Hearin on Pro osals for Use of CDBG Jobs Bill Funds: Lauria referred to his memo dated April 25, 1983, and further clarified the criteria for the program. Milkman reviewed the upcoming meeting schedule and the anticipated results of each meeting. 953 1' f I F i MICROFILMED BY 1 -JOR M -"MIC RbLAB" -i L1 I CEDAR RAPIDS • DES t4014ES r I � J Committee on Community Needs May 4, 1983 Page 2 Lucy Luxenburg, Elderly Services Agency, presented a proposal for $1,000 to finance home repair projects for low income elderly. She explained that the funds would be limited to small repairs, such as plumbing leaks, repairing ceilings and fixing steps. Luxenburg emphasized that the requested funds would be used for labor and materials, and that preference would be given to hiring those currently unemployed, as with their regular chore service. Diane Pepetone, Willow Creek Neighborhood Center at Mark IV Apartments, presented a proposal for $15,000 to purchase a lift equipped van to transport low- and moderate -income adults and children to the services and agencies distant from the Mark IV complex. She indicated that the van would be used for afterschool activities at the Recreation Center, Public Library and for senior citizen outings. Pepetone stated that the proposal would not create jobs but rather fulfilled the other objectives of the Jobs Bill and CDBG program. Milkman reviewed several requests received by mail 1. Mrs. Kantor, 6 Kirkwood Circle, requested funds to repair the drainage problem at Kirkwood Circle. Milkman was directed to obtain estimated costs of the project, as well as estimates of how many persons would be employed and for how long. 2. Stimmel's request to use a youth corps to clear Ralston Creek. Stimmel suggested focusing this project on the public portions of the creek in the Creekside Park and Court Hill Park areas. The members discussed the problems of supervising the crew. Williams suggested that the bids for these jobs stipulate that the contractor must act in a supervisory way over the hard core unemployed. Milkman was directed to obtain costs and labor estimates, as well as the level of training needed for this proposal. Whitlow questioned the cost of workmen's compensation with unskilled labor. 3. House painting project in the Neighborhood Strategy Areas: Barnes explained that someone must train and supervise a crew in this labor intensive project. She indicated that numerous requests had been received for this type of work. Barnes suggested that the success of this project would depend on the trainer/supervisor's ability; one very qualified person and a crew of about 10 persons would be needed. Hencin reminded the members that the City would not receive funds until August 1, 1983; there is no time limit in which these funds should be spent. However, Hencin stated that the intent of these funds was to start up the projects quickly and create jobs immediately. 4. William Dennis' request to consider a "land care corps" for a river bank conservation program, and a request for seed money for elderly, handicapped and non -mainstream persons to develop a demonstration model of some device or concept to market commercially. Stimmel stated that Councilperson Perret had suggested a tree planting project. Sidewalk repair in the area bounded by Mercy Hospital and Brown Street was also suggested as a project creating jobs. 953 MICROFILMED BY 1 JORM -MICROLAB % CEDAR RAPIDS DES MOINES .J 1 Ir 1 Committee on Community Needs May 4, 1983 Page 3 Hank Orenstein, Project Hard Times, outlined the goals of his group, stating that they were a nucleus of 15 to 20 active unemployed and underemployed persons, working with the business community, social services and urban and regional planning (U.I.) to develop and create jobs. Gary Hobbs, Project Hard Times, mentioned a possible proposal to fund a nutritional program to assist in assessing the health and training levels of unemployed low to moderate income youths. Discussion of CDBG Fund Allocation Process: Milkman corrected an error in the meeting schedule; the next regular meeting of CCN is June 21, 1983. Milkman verified that CCN members wish to use the priority rating system used in the past to assess proposals. Bonney expressed the concern that many of the proposed projects will create supervisors and asked for more information on how these supervisory roles will be filled. Report of Subcommittee on Central City Housing: Bonney referred to the written report submitted by herself and McGee dated April 25, 1983. Item C was corrected to read "create" rather than"permit." Bonney clarified the recommendation to reduce parking requirements only if alternative parking, such as commuter lots or satellite parking, is provided. Keller mentioned that the Planning and Zoning Commission is very concerned about parking requirements. Whitlow questioned if the University's holding lots might be used to solve parking problems. Stimmel explained that most of the holding lots were used by dormitory residents. Moved by Stimmel to recommend the creation of commuter lots or the consideration of alternative off-street parking lots. Seconded by McGee. Parmeter pointed out parking problems in the proposed RM -80 zones and higher density zones. Whitlow suggested that satellite parking be considered for housing within walking distance of the downtown area. Lauria suggested that the Planning and Zoning Commission address these problems in the higher density areas of the central city. The motion carried unanimously. Quarterly Reports on: 1. North Dodae Sidewalks. Becker announced that this project was two months behind schedule. The sidewalks have not yet been inspected. 2. Creekside Nei hborhood Improvements. McGee reported that eight rehabs station loans and two weatherization loans have been granted. The storm water sewer project is "on hold" and the contract ownership problem regarding housing rehabilitation loans has not yet been resolved. 3. Ralston Creek North Branch Detention Basin. Whitlow reported that dam completion was targeted for June 1, 1983. He referred to a map and submitted photos of the dam in different stages of construction. Whitlow qs3 1 i MICROFILMED BY i ,,.•,,.. i 1_ -"JORM-'MICROLAB -� CEDAR RAPIDS DES %10INE S � I I ■ Committee on Community Needs May 4, 7983 Page 4 explained that the reforestation for the area below the dam may be delayed until the fall due to weather difficulties. He stated that all of the funds allocated would be required to complete construction. 4. Lower Ralston Creek Property Disposition. Stimmel reported that, while I three bids received had been acceptable, sale will be delayed until completion of the floodplain map revisions. Hencin stated that the revisions should be completed within six to nine months. Laurie reported on the meeting with Mayor Neuhauser in which the expansion of CCN's role was discussed. CCN members suggested that the Mayor be invited to discuss CCN's expanded role at the June 21 meeting. jThe meeting adjourned at 1:30 p.m. + Submitted by: Sara Behrman, Minute Tak r 1 i I -I i j j i 1I l I II I gs3 i MICROFIL14ED BY —JORM'-MIC R(�LA9��� �I % I CEDAR RAPIDS •DES MOINES ! MINUTES IOWA CITY HOUSING COMMISSION WEDNESDAY, MAY 4, 1983, 3:00 P.M. IOWA CITY RECREATION CENTER, ROOM B MEMBERS PRESENT: Logan, Krause, Ringgenberg, Schlechte MEMBERS ABSENT: Haendel, Farran STAFF PRESENT: Seydel, Flinn, Hencin, Barnes 1. Seydel conducted a tour of Shamrock Place for Commission members. 2. In the absence of the Chairperson, with no current Vice -Chairperson, Seydel convened the meeting for the purpose of electing a temporary Vice - Chairperson. Moved Ringgenberg, second Schlechte, that Fred Krause be elected temporary Vice -Chairperson. Approved 4/0. Meeting called to order by Krause at 4:00 p.m. 3. Minutes of meeting of April 6, 1983, were approved. 4/0 on motion by Ringgenberg, seconded by Schlechte. 4. Coordinator's Report. Section 8 Existing - Seydel reporting Housing Assistance Payments in the amount of $68,589 paid May 1, 1983, on 398 units. Twenty-one new applications approved. Public Housing 22-3 - Anticipated turnover of two tenants June 1. Tenant selection in process. Public Housing 22-4 - Scheduled for completion July 15, 1983. Open enrollment application period will continue until May 16. All applications received up to that date will be considered as having been received May 16, 1983. Housing Authority will be interviewing for temporary part-time summer maintenance person soon. Section 8 Moderate Rehabilitation - HUD is pushing for letter turning back units allocated to Iowa City. 5. Housing Rehabilitation Low-interest loan, 1002 Highland, partial self-help: Barnes presented relative data. Moved Logan, second Ringgenberg, that loan be approved as presented. Approved 4/0. Forgivable Loan, 1116 E. Burlington. Case presented by 1^ Barnes Moved MINUTES IOWA CITY HOUSING COMMISSION MAY 4, 1983 ' PAGE 2 Forgivable loan, 1131 East Burlington. Moved Ringgenberg, second Logan, that loan be approved as submitted. Approved 4/0. 6. Housing Inspection - Update information not yet available. 7. CCN Report/Discussion of CDBG Jobs Bill: Hencin reported Council considering projects that would create jobs for low-income people. Are looking at capital improvements. Hearing May 10, 1983. Krause reported on the following needs presented to CCN: 1) Elderly Services Agency, $1,000 for senior citizens. Would provide jobs for retired persons and minor repairs for senior citizens. 2) Drainage problems - Rundell area $60,000. 3) Funds to paint houses. 4) .Clean up Ralston Creek. 5) Project Hard Times. 6) Emergency Housing - Task Force consisting of United Way, Mayor Neuhauser, and Board of Supervisors Chairperson Sehr. 7) Plant trees. Krause advised Commission members to make their desires known. Commission reaffirmed its commitment to emergency housing. Also recommended notice be sent to Youth Homes, Inc. 8. Election of Officers - Moved Logan, second Ringgenberg, that election of officers be postponed until all Housing Commissioners have been appointed. Approved 4/0. 9. General Discussion Seydel advised 50 #202 program units were allocated for the SMSA's of the state. He sees a good application from a non-profit sponsor for 50 units congregate housing having a chance for acceptance. Deadline for applications June 20, 1983. Seydel announced North Central Regional Council of NAHRO meeting in Des Moines June 3/10, 1983, and advised interested Commissioners to advise the Housing Authority. Seydel reported that Iowa City would be visited May 5, 1983, by Roger Massey, new Director of Omaha HUD office. 10. Adjournment - Moved Ringgenberg, seconded by Schlechte, that meeting be adjourned. Adjourned 5:00 p.m. Approved: Fred C. Krause, Vice -Chairperson f I i MICROFILMED BY -� 1_ -DORM-MICR<6LA9 � CEDAR RAPIDS DES MOINES I i ISM i MINUTES PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING THURSDAY, APRIL 28, 1983 4:00 P.M. ADMINISTRATIVE CONFERENCE ROOM I MEMBERS PRESENT: Bovbjerg, Cavitt, Grimes, Gritsch, Wallace, Zastrow MEMBERS ABSENT: Bartley, Drum, Lyman I STAFF PRESENT: Eggers, Tiffany, Jehle, Craig, Spaziani OTHERS PRESENT: Pat Forsythe, Library Foundation Coordinator; Pat Foley, Business Librarian, University of Iowa President Zastrow called the meeting to order at 4:12 p.m. Minutes of the regular board meeting of March 24, 1983, were approved. Wallace/Cavitt. Disbursements for April 1 and April 15, 1983, were approved. Grimes/Wallace. The third quarter Gifts and Bequests report and the project budget report were reviewed and accepted as presented. The Director reported on the following: 1. Project budget will be closed out June 30. Money from this fund or dollars saved from utilities in the FY83 operating budget will be used to purchase an energy management system. Additional terminals for the on-line catalog are on order. The estimate to re-cover parts of the lobby walls with a museum -type cloth for easier mounting of displays seems too high at $5,200 and will probably not be done. 2. The target date is July 1, 1983, for opening the Foundation office and switching the accounting to the City's Finance Department. Rosemary Vitosh will attend the May 5th meeting of the Foundation Board of Directors. 3. ICPL is one of three libraries reviewing the proposed software for Authority Control, the last major component of the on-line catalog. It is scheduled to be installed in the spring of 1984 and it will take at least another year to convert files and to develop "see" and "see also" references. These enhancements are all part of the original purchase price plus annual maintenance cost. 4. After warning the public about continuing problems of food and damage, we closed the two first floor group study rooms about ten days ago. They will remain closed until we develop a method of control which doesn't overburden the paging staff and annoy users by too frequent use of the public address system. 5. There have been several excellent staff training opportunities recently. -Five members of the administrative staff attended a workshop on discipline presented by Tim Shields, Institute of Public Affairs, and arranged by the City's Human Relations Department. f57.5- MICROFILMED ss MICROFILMED BY "DORM--MICR(SLAB- 1 CEDAR HANDS • DES MOINES 1� i PUBLIC LIBRARY BOARD OF TRUSTEES APRIL 28, 1983 PAGE 2 -Shields will present a training workshop for public service staff in early May, provided by East Central Regional Library System for the larger public libraries in this region. -Mike Noth, Assistant Director of the University of Iowa Computer Center, is currently providing training on micro computers to several staff members as well as consulting with us on micro computer applications. -Joan Beam attended the National On -Line Meeting in New York in April. This meeting covered on-line data bases and micro computer applications for libraries. -The University of Iowa Library School recently provided us with two free spots in a 15 hour micro computer workshop they were offering to their graduate students. 6. On Thursday, May 5, during Access Week, Channel 20 will present a special evening of live and taped programming which will feature the resources, services and facilities provided by the Library. A motion to authorize the Library Board President and Secretary to sign the FY84 and FY85 contract with AFSCME, Local 183, as negotiated was approved. Wallace/Grimes. The Director asked the Board to give informal re -confirmation to one of the Library's general operating principles: while all services of the Library are free, the Library will have tight procedures and high fines for people who do not follow the rules and policies developed to allow fair and equal access to Library resources. There are two new fines currently under consideration: a fine plus costs for groups who fail to clean up meeting rooms following their use; a fine for people who book AV equipment but fail to pick it up, thus leaving equipment unused which is in high demand by others. The first of these will be presented for formal consideration soon; the other is still being considered by staff. The Board was in full agreement regarding this general concept. They felt the meeting room fine, if enforced after one warning, should be high enough to discourage its use as a cheap substitute for the group's own clean-up efforts, and that we should consider collecting the "clean-up" fine as an advance deposit from those who book a room after receiving a warning. President Zastrow reported on the FRIENDS Annual Meeting and on two district meetings of the Iowa Library Association which he attended to present information from the ILA Legislative Committee. Pat Forsythe reported on the resignation of Treasurer Lynn Rowat from the Foundation Board. Randy Bezanson has been appointed treasurer and a nominating committee will be recommending a new member. John Koza is the new Foundation president. Cavitt made the report for the Planning Committee which is requesting all Library Board members to read the position papers developed by the six ' I i MICROFILMED BY 1 ""'JORM -MIC R6LAEV_ " CEDAR RAPIDS • DES MOVIES 9.55' r' J PUBLIC LIBRARY BOARD OF TRUSTEES APRIL 28, 1983 PAGE 3 subcommittees and then rank in priority order the six roles or functions identified by the planning committee: People's University, Information Agency, Children's Door to Learning, Students Auxiliary, Popular Bookstore and Community Center. Board members should return their rankings by May 15. Planning Committee members will also rank the roles - but the Board's priorities are important for helping to shape the final report and recommendations. Zastrow reported that at a meeting with the City Manager and the Mayor it was decided that the Manager would work on drafting a contract for Library service to rural Johnson County residents similar to the contract recently developed by the Library Board, and that the Council would go ahead with negotiations with the Board of Supervisors. He recommended that to ensure that the Council and the Library Board were in agreement on this change, a joint agreement similar to the draft presented at today's meeting be adopted by both bodies. The Library Board reviewed the draft and moved to adopt and send to Council as presented. Wallace/Grimes. Zastrow noted that because of increasing professional commitments, Board member Peter Wallace has sent the Board official notice that with regret he will not seek re -appointment to the Library Board for a full term following the expiration of his partial term on June 30th. The Board reviewed the third quarter Goals and Objectives and Statistical Report. Eggers noted that increases during the past quarter were almost as high as those experienced the first summer the Library was open. Circulation in March was 52,500, higher than July 1981, the first full month in the new building. Despite substantial increases in funds for Library materials during the last two years, use of the collection continues to grow faster than an appropriate number of new or gift items can be added. The staff continues to absorb ever-increasing workloads. The Board approved the Institutional/Business Card Policy as presented. Gritsch/Grimes. There was a full discussion of the reasons the Library provides audio- visual playback equipment. Although there was general agreement that the primary purpose was to support use of library collections, Board members recognized the need for some access to playback equipment, especially video, for viewing materials not owned by the Library. They accepted the recommended policy to let groups view non -library tapes only at the player in the AV Lab, but added the time limit of one hour for each group. Wallace/Grimes. This time limit would tend to allow enough time to view most privately produced tapes, but would tend to eliminate rented films or tapes of long events recorded from television and would lessen the impact on those waiting to view Library -owned materials. The FY84 materials budget and the current balance in the Gifts and Bequests Fund were reviewed to decide how much the Board should earmark for spending for Library materials in FY84. To meet the goal of increasing the materials budget by eight percent, approximately $14,500 9ss r i 141CROFILMED BY _io RM MICR6LAB CEDAR RAPIDS DES R019ES i j r � PUBLIC LIBRARY BOARD OF TRUSTEES APRIL 28, 1983 PAGE 4 would be needed. To match last year's budget at least $10,000 must be earmarked. Eggers reported that about $8,000 is the estimated income to Gifts and Bequests for FY84 not counting known or potential gifts from FRIENDS or the Foundation. The Board decided to take a conservative approach and only appropriate $10,000 at this time. They can increase the amount any time during the year if income is up or need is severe. Wallace/Grimes. The Board reviewed the formula for computing the non-resident fee card using FY84 figures. Based on these figures and the fact that the fee has not been increased since FY79 during a period when the Library's operating budget has increased more than 100 percent, the fee was raised from $60 to $65 effective July 1, 1983. It was noted that only about 60 cards are sold annually and that increasing it more would probably just reduce the number sold. Wallace/Bovbjerg. The meeting was adjourned at 5:53 p.m. Joan Jehl I Recorder I J 141CROFILMED BY - JORM -"MIC R6C4F! - CEDAR RAPIDS • DES MOINES I 955 J MINUTES PLANNING & ZONING COMMISSION MARCH 17, 1983 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Blank, Jordan, Scott, Jakobsen, Baker MEMBERS ABSENT: Seward, Horton STAFF PRESENT: Franklin, Knight, Boyle, Behrman RECOMMENDATIONS TO CITY COUNCIL: 1. Z-8203. That the revised application submitted by Edward Jones for the rezoning of property at 1425 N. Dodge Street from RIA to C2 be approved to an area 20 feet past the applicant's building to Dodge Street, pending submission of a legal description. 2. The Planning & Zoning Commission set a public hearing for April 7, 1983, for consideration of the new Zoning Ordinance and Zoning Map for the City of Iowa City. 3. The Planning & Zoning Commission recommends that a proposed amend- ment to the Zoning Ordinance, Section 8.10.32, regarding the suspension of building permits during consecutive rezonings within a 12 month period be approved. 4. S-8228. That the application submitted by Earl Yoder for approval of an amended PAD and a preliminary and final subdivision of Lot 62 MacBride Addition, Part 2, be approved. 5. S-8302. That the application submitted by Ken Ranshaw for approval of a preliminary and final LSNRD for R -Plaza, a 3.15 acre development located south of Highway 1 and west of Slager Appliances be approved. 6. S-8303. That the application submitted by John R. Sladek for approval of a final plat for the subdivision of Lot 31 Streb's Second Addition, located north of Benton Street between Streb and George streets be approved. 7. The Planning & Zoning Commission recommends that the City Council consider the problems and set a policy regarding the problems of rezoning applications prior to the adoption of a new zoning ordinance. SUMMARY OF DISCUSSION: Scott called the meeting to order. Moved by Jakobsen and seconded by Jordan to approve the minutes of February 3 and February 28, 1983, as circulated. The motion carried unanimously. There was no public discussion of any item not included on the agenda. gsd 1 141CROFILMED BY 1_ -DORM MICROLAB .. �,•,... I I CEDAR RAPIDS DES M019E5 r I � i PLANNING & ZONING COMMISSION MARCH 17, 1983 PAGE 2 ZONING ITEMS: Z-8203. Public discussion of an application submitted by Edward Jones for the rezoning of property at 1425 N. Dodge Street from R1A to C2. Scott asked if anyone would ilke to speak on this item. No one responded. Jakobsen pointed out that this application had been amended so as not to include the entire lot. Knight verified this fact, stating that this amendment had been contained in a letter submitted to the Commission at the last meeting. Jakobsen asked if a legal description had yet been received. Knight stated that no legal description had been received and would be required prior to action by the City Council. Blank asked how many feet would be included in the property to be rezoned. Jakobsen commented that she was not comfortable with the 40 feet requested and suggested that 20 feet from the building would be preferable. Knight stated that the rest of the Commission had indicated that they also preferred 20 feet. Edward Jones, applicant, stated that 20 feet would be less desirable as this would make access difficult. Baker moved that the Planning & Zoning Commission approve the revised request for rezoning to C2 an area 20 feet south of the applicant's building and north to Dodge Street, pending submission of a legal description. Jordan seconded the motion. The motion carried 4-1; Jakobsen voted no. Jakobsen stated that she could not vote for this application because it might set a precedent for people who buy non- conforming land and expect it to be zoned conforming. Jakobsen stated that she expected property to be developed in a conforming manner. Z-8304. Public discussion of an application submitted by Scheuerman- Richardson Partners for the rezoning of property on South Clinton Street from R3B to CBS. 45 -day limitation period: 4/11/83. Knight reviewed the staff report, stating that the applicants are requesting the rezoning of a 19,500 square foot tract from R3B to CBS to permit development of a commercial office building with residential uses. The Comprehensive Plan designation for this area is commercial/residential mixed use. The requested rezoning would conform to this recommendation. This type of use would also be permitted in the existing R3B zoning. Knight stated that, although the proposed use for this property would be permitted under the existing zoning, there is a significant difference in the amount of parking required. Because the CBS zone is intended, by definition, to serve and be near the Central Business District (CBD), all office or commercial uses in a CBS zone are exempted from providing parking. However, parking would be required at a rate of one and a half spaces per unit for the residential portion of the use. As a result, much less parking would be required with CBS zoning if part of the development is to be at "office use." Because the property in question is located approximately three blocks away from the CBD, this reduction in the amount of parking required may be a problem. This is true because the only additional parking which is available for this development would be on the street. None of the accessory public parking gs6 1r I.11CRor ILMED BY f 1_ _JORM "MICR6LA13 CEDAR RAPIDS • DES 110111ES ! I PLANNING & ZONING COMMISSION MARCH 17, 1983 PAGE 3 provided in and around the downtown area is close enough to service any development proposed at this location. Therefore, Knight commented that CBS zoning may not be the most appropriate choice for this property. Knight stated that another concern regarding the requested rezoning is the legal issue of "spot zoning." Because such spot zoning has been found to be illegal in the past, the City's Legal Department should research the legal implications of the requested rezoning prior to the action being taken. The staff recommends that the requested rezoning be denied. Knight referred to the legal memo regarding the spot zoning issue. John Hayek, representing Scheuerman-Richardson Partners, stated that this application was to rezone a property immediately west of the Henry Sabin School and south of the Post Office and a parking lot. Hayek agreed that the use proposed was consistent with the R38 zone, but the applicants would be required to provide in addition to one and a half parking spaces per unit, one parking space per 100 square feet of office. Hayek argued that it was almost impossible to put the development together. Hayek commented that approximately 72 parking spaces would be required should the zoning remain R3B. Hayek stated that the applicant was a long- established real estate firm and an attractive building would be provided. The applicant had a great interest in providing adequate parking for the office use and their own offices would be in the building as an incentive to do so. Hayek stated that the applicant could not meet the required parking of the R3B zone. With regard to the issue of spot zoning, Hayek suggested that one way to alleviate that problem would be to rezone the Post office, the courthouse and the Henry Sabin School to the CBS zone as well. Jack Miller, 510 S. Clinton Street, presented a revised map of the area. This map demonstrated that to the north the R3A area was the post office, and north of that was the CBS zone. To the east of the property in question was Henry Sabin School and to the west of the R3B area is a parking lot. Next to that parking lot is an'YR zone. Miller commented�� that the homes existing between Capitol and Cli down if the county builds nton Street might be torn its office complex. Miller argued that the property in question was an "island" zoned R3B but not matching its existing use. Miller stated that the property in question was "spot zoned" currently. Miller presented pictures of the property and the proposed plot plan. Baker asked what the difference would be in the parking requirements for the R3B and the CBS zone. Miller commented that it would take almost 90 spaces to put in an office building and apartments at that location. Blank asked how large the proposed apartments would be. Miller stated that he ws unsure, yet suggested that they would be large two-bedroom apartments. Blank asked how many offices would be in the building. Miller stated that there would be one large office on the main floor; the firm currently employs 14-15 people. Blank commented that if every realtor,had a client there would be 30 cars that would require parking spaces. 9-6-4 I MICROFILMED BY I --JORM"MICR<6LA® _ J CEDAR RAPIDS DES MOVIES r I PLANNING & ZONING COMMISSION MARCH 17, 1983 PAGE 4 Jordan asked if certain parking spaces would be set aside for the apart- ments. Baker commented that, if the new design standards are in effect, the applicant would be unable to back into the alley. Jakobsen asked how many spaces would be required under the CBS zoning. Hayek stated that there was no specific parking requirements for office use in a CBS zone but spaces would be required for the apartments. Boyle stated that that was correct. Blank stated that if the property was zoned CBS, 18 parking spaces would be all that would be required. Hayek commented that this would be the case. Hayek stated that 37 parking spaces were currently anticipated to provide spaces for clients. Blank commented that future uses could change yet the parking spaces would remain. Hayek stated that the applicant was willing to volunteer restrictions or covenants to address that concern. Hayek stated that the applicant wished to provide adequate parking but cannot provide 89 spaces and still have an economically feasible building in this area. Hayek stated that he disagreed with the staff comments that this area was not consistent with the CBS zone. Scott asked the zoning of the property to the north of the school and was told it was zoned R38. Jakobsen commented that she agreed all this R3B zoning was not the proper zone for those buildings (courthouse, school, post office), and the new zoning ordinance would indicate that property as being "public." However, Jakobsen commented that the new comprehensive plan does not indicate CBS zoning as far down as this property and shows a mixed use. Jakobsen stated that she hoped the new zones will better meet the needs of the applicant. Hayek stated that he recognized the dilemma but stated there was universal agreement that the R38 parking restrictions were too restrictive. Hayek stated that the new zoning ordinance would require one space per 200 square feet; the applicant's plan would not be able to meet that criteria either. Hayek stated that the zoning for the school, post office and courthouse would have to be changed. Hayek commented that he was aware of the concern of the Commissioners to have adequate off-street parking. The applicant's concerns were a) to have a number of parking spaces that would work in this high interest environment, and b) to provide a building that was an attractive addition to downtown Iowa City and consistent with prevailing trend in urban renewal. Knight pointed out that there was a potential problem. Even if the Planning & Zoning Commission acted upon this application favorably, as of May 24th with the setting by Council of a public hearing on the new Zoning Ordinance, unless the applicant met the one space per 200 square feet, they could not get a building permit. Moved by Jakobsen to defer this item until the next regularly scheduled meeting on April 7th. Seconded by Baker. Jakobsen stated that it was a matter of policy to have two hearings to discuss a rezoning item. Baker stated that it was his initial response to deny this application but after discussion, he was more sympathetic to the problems. Baker stated that he had two concerns: 1) the future use of the building, and 2) the number of bedrooms which would be in the apartments. Baker commented that 18 parking spaces for 12 three-bedroom units would not be sufficient. .___...... I 141CROFILMED BY l _DORM-MICROLA13 CEDAR RAPIDS • DES MOINES 9se J L.. PLANNING & ZONING COMMISSION MARCH 17, 1983 PAGE 5 Miller asked if the Commission would prefer to have a detailed set of plans on April 7th. Jakobsen stated that the Commission could not suggest that as they could not use the number of apartments in the building as part of its criteria. Miller stated that the firm had been in this location since 1968. Scott commented that the rezoning request had to stand on its own merits and could not be based on the number of bedrooms in apartments. Scott further commented that he would prefer to defer this item to allow more discussion and have more members present. The motion carried unanimously. Z-8305. Public discussion of an application submitted by Bruce Glasgow for the rezoning of approximately 40 acres north of Rochester Avenue along First Avenue extended from RIA to RIB and R3; 45 -day limitation period: 4/18/83. Louis Landweber, 323 Post Road, objected to this application for rezoning. Landweber commented that the neighbors have been informed of a different plan. Landweber stated that if the apartment development was in the same character as Lyle Miller's, then there would be no need for a transition zone from R3A to R1. Landweber stated that such a huge proposed development could have an adverse impact on the neighborhood. Landweber further stated that more access would be needed than one street and urged that the plan be modified to the more modest one proposed by staff. Landweber stated that the RIB zoning would be unnecessary if this was to be a garden type of apartment. Knight reviewed the staff report, stating that the applicant was requesting the rezoning of a 4.9 acre tract which is proposed to be platted as First and Rochester Addition, Part 1. A preliminary plat was filed at the same time as the rezoning application and a staff report would be prepared regarding the plat for the next regular meeting. Knight stated that the 1983 Comprehensive Plan Land Use Update shows the residential land use with a density of 16-24 dwelling units per acre for the area from the intersection of First Avenue Extended and Rochester Avenue north approximately half -way to Ralston Creek. The Comprehensive Plan Update does not attempt to show an exact configuration of where the 16-24 dwelling units per acre density residential area should be located. The intent of designating land uses in the vicinity of the intersection of Rochester Avenue as multi -family development was to create a transitional area between the commercial and multi -family uses south of Rochester Avenue and the single-family land uses proposed to the north. The applicants are proposing to rezone a tract of land 700 feet north of Ralston Creek to R3. This would permit multi -family development far north of the general area shown on the Comprehensive Plan. Knight stated that another issue regarding the requested rezoning is sewer capacity. Although the 21 inch sewer line installed to serve this development has ample capacity, that line empties into the northeast trunk sewer which subsequently drains into the Jefferson Street branch of the "horseshoe" sewer which currently has surcharge problems. Increasing the density of development permitted to occur in this area is not, therefore, desirable at this time because of the present sewer constraints. The 956 7 I ' MICROFILMED BY i 11aORM-MIC ROLA B - - i CEDAR RAPIDS • DES IA0IAES ! I PLANNING & ZONING COMMISSION MARCH 17, 1983 PAGE 6 easement agreement for the North Branch Detention Structure, made between the City and the applicant contains certain language regarding the platting of the area.in question, however, there is no discussion of any potential zoning change. Because there currently is a sewer capacity problem for this development, the staff recommends that the requested rezoning be denied. Upon resolution of that issue, staff would recommend approval of R3 zoning only in the immediate proximity of the intersection of First Avenue Extended and Rochester Avenue. Knight stated that Glasgow had raised a question regarding the relative flowage from a single family or multi -family development. Knight stated that he had discussed the matter with the Engineering Division and that they indicated there would be a flow of 350 gallons per capita per day for single family and 287 per capita per day for multi -family. Baker asked if this would result in an increase. Knight stated that it was difficult to say and explained that Glasgow had mentioned that he cannot develop to the maximum density allowed due to the terrain. Bruce Glasgow, president of Plum Grove Acres, Inc., presented a brief history of the area. Glasgow stated that he had owned the property for more than 20 years and it had been zoned RIA. Glasgow stated that he had paid for paving, sewer and the future development of Rochester Road. Glasgow stated that this can be the nicest apartment site in town and stated he would come in with a PAD. If zoned R3, Glasgow indicated his intent to build single-family attached homes. The R3 zone is the only zone outside the duplex zone that allows single-family attached homes. Glasgow commented that 60 percent of the housing market in the U.S. was attached single-family housing. Every lot would have two, three or four units. Mature trees in the valley, which would be filled six to seven feet, will remain. Glasgow presented a map stating that the yellow in the map represented the area underwater when the Hickory Hill dam functions. Glasgow explained why the request was for R3 zoning. Glasgow stated that the request for RIB had been made because that zone allows a setback of 25 feet from the property line while R1A requires 30 feet. Glasgow urged the Commission not to approve any rezoning until they approve the subdivision. Glasgow commented that Plum Grove Acres, Inc. and the City had provided a sewer line and urged that people be allowed to use it. Glasgow stated that he would maintain the beauty of the land and that the development was intended for the "diesel cadillac set" for persons age 60+ years. Scott questioned the significance of the yellow area on the map. Glasgow stated that he could not build on that land and indicated that he wished to pond that area. Blank asked if the apartments were intended for "empty -nesters" or would merely be more expensive apartments. Glasgow stated that he was looking for an older group of renters and had done marketing surveys to discover the needs of the city residents. Knight pointed out that RS8 zoning would permit attached single-family dwellings and would conform to the Comprehensive Plan. Knight further stated that RM20 zoning would also conform in that area. Glasgow stated that the first lot on Rochester Avenue would most likely be a dense one. Blank asked if the RS8 was presently in effect whether or not it would be responsive to Glasgow's needs. Glasgow stated that it 1 MICROFILMED BY JORM MICR6LA9 CEDAR RAPIDS DES id0I9ES. l.. _ 9s&O J PLANNING & ZONING COMMISSION MARCH 17, 1983 PAGE 7 probably would. Glasgow further commented that the Comprehensive Plan would change the zoning no matter what and Knight indicated that this was the case since the area was included in the phased areas of development. The property in question is listed under Phase 3 in which development is to take place after the sewer problems have been resolved. Moved by Jakobsen to defer this item until the next meeting for the same reasons as the previous item. Blank seconded the motion. Baker stated that he did not have a problem with the RIB zoning request but had problems justifying the immediate rezoning of the other areas. Baker stated that he had problems acting on any item which would encourage development that adds to the sewer problem. The motion carried unanimously. 7, 1983, for consi Jakobsen commented that this action would not set a moratorium and Knight agreed. Moved by Jordan and seconded by Jakobsen to set a public hearing for April 7, 1983, for consideration of the new zoning ordinance and zoning map for the City of Iowa City. The motion carried unanimously. Moved by Jakobsen and seconded by Jordan to recommend that the City Council adopt the proposed amendments to the zoning ordinance, Section 8.10.32, reads currently, if a property was rezoned two times within 72 months, a moratorium could not apply. Boyle felt this amendment would be satisfactory. Boyle indicated that this amendment clarified the zoning ordinance. Boyle stated that as the ordinance reads currently, if a property was rezoned two times within 12 months, a moratorium could not apply. The motion carried unanimously. SUBDIVISION 5-8228. Public discussion of an application submitted by Earl Yoder for approval of an amended PAD and a preliminary and final subdivision of Lot 62, MacBride Addition, Part 2; 45 -day limitation period: waived. Franklin reminded the members that Yoder had attended the informal meeting and had discussed his plans for development. Baker commented that he was satisfied with this plan, commenting on the design possibilities and stating that the Commission should approve this application. Baker stated that he was glad that the Commission was becoming more interested in design. Jakobsen commented that mansard roofs were not all bad and should i MED BY JORtIVC1R-MICR46LA9 ' CEDAR RAPIDS • DES MOINES 1 � I 9s6 J 1 I ' PLANNING & ZONING COMMISSION MARCH 17, 1983 PAGE 8 not all be condemned. Blank commented that she was glad the applicant had been willing to listen to the Commissioners' comments. Jakobsen asked if there were any deficiencies or discrepancies in the application. Franklin stated there were not. Moved by Jakobsen and seconded by Jordan to approve Item S-8228. The motion carried unanimously. S-8302. Public discussion of an application submitted by Ken Ranshaw for approval of a preliminary and final LSNRD for R -Plaza, a 3.15 acre development located south of Highway 1 and west of Slager Appliances; 45- i day limitation period: 4/1/83. Knight stated that revised plans had been received today correcting all the deficiencies. Knight stated the application was now in compliance 1 with the zoning ordinance. Scott stated that Seward had asked for clarification of the airport overlay zone. Knight clarified the meaning of an airport overlay zone. Fred Zehr, the Iowa City Airport Manager, informed the Commission that he had spoken yesterday with FAA officials about the notice of proposed j construction. Zehr stated that the FAA had a bit of a problem with the development as the second story lay directly in the centerline of a runway. In addition, this development would be residential. Zehr stated that ideally, there should be no buildings there but if there were any buildings they should be zoned commercial. Zehr stated that a letter from the FAA to the City will be received shortly. Knight stated that when with the general idea but Zehr had notified him of the problem, he agreed that while this area was not the best area for residential property, there was nothing the City could really do under its current ordinance to prevent the applicant from developing this property as residential. Zehr agreed, but stated that the FAA was asking for extra limitations in the "clear zone." Zehr stated that an ordinance should be adopted to prevent residential areas in the clear zones of the airport. Chris Stephan, MMS Consultants, Inc., pointed out that there were other apartments next door to the proposed development. Slager Appliances has apartments on the second floor and also apartments under construction farther south than the R -Plaza building line. While their proposed development may be closer to the centerline of the runway, it is no more "nonconforming" than other apartments in the area. Stephan stated that the applicant has complied with the height restrictions and that this had been confirmed by the engineering staff. Stephan stated that while the applicant recognized the desire to have the area clear, it has met all the zoning ordinance requirements. Stephan urged that the Commission act in a timely manner. Moved by Baker to approve Item S-8302. Seconded by Jordan. Baker stated that the Commission members had intended to expedite this matter but he was now bothered by this problem. Baker stated he was unsure whether the Commission could do anything about it and wished that the Commission could defer this item pending more information from the 9s6 i 141CROFILMED BY DORM -MIC R41L 4B' - % CEDAR HANDS • UES MOINES " � PLANNING & ZONING COMMISSION MARCH 17, 1983 PAGE 9 FAA. Knight suggested that the Commission perhaps look for future provisions in the ordinance disallowing residential uses in clear zones. Jakobsen commented that the Commission had asked the Airport Commission what they wished to do about the airport overlay zone over the last five years and had received no comment from them. Jakobsen stated she was disturbed at Zehr's comments and concerned from the citizens point of view. Jakobsen commented that it was a late date for these comments. Baker asked if the FAA had raised these objections previously. Zehr stated that they had not and it had taken him by surprise. Schnittjer, MMS Consultants, asked what the effect of changing the primary runways would have on this development. Zehr commented there would be no change. Jakobsen stated that another concern would be noise. Knight stated that the airport overlay zone had been prepared by the state agencies and no attempt had been made to restrict the type of uses allowed. This airport overlay zone had been adopted last year. Scott asked when the initial planning stage had taken place and Knight commented that it had occurred two to three years ago. Scott commented that the FAA may have changed its criteria. Knight again pointed out that there was nothing in the ordinance to stop the applicant from building this development. Scott stated that if apartments were built in the flight pattern, citizens will later complain and there will be public pressure. Knight agreed that this was not a good location for apartments. However, Jakobsen stated that this was a proper plan for that zone. Scott asked if the applicant would agree to a deferral and Knight indicated that they had asked that it not be deferred. Jordan stated that, until today, he had felt the subdivision was a good idea. Jordan expressed concern at the FAA comments, stating that future renters may be at the next City Council meeting complaining about the noise. Knight stated that any future restrictions should be amendments to the airport overlay zone. Scott stated that he had mixed feelings about this item, preferring to wait for the letter from the FAA but the only way to do that was to vote against the motion. Scott stated that there was a problem with allowing these apartments to be built due to the question of safety, but was not sure that voting "no" would be the solution. The motion carried 3 to 2; Jordan and Scott voted no. Both Jordan and Scott asked to see copies of the FAA letter when received. S-8303. Public discussion of an application submitted by John R. Sladek for approval of a final plat for the subdivision of Lot 31, Streb's Second Addition, located north of Benton Street between Streb and George Streets; 45 -day limitation period: 4/11/83. Franklin stated that the three lots off Spring Street were never legally subdivided and the current property owners wished to make them legal. A question had arisen concerning the provision of a fire hydrant but the Fire Chief had indicated that the fire hydrant on Benton Street would service this area. i 141CROFILI-ED BY 1. _�JORM "MICROLA13 CEDAR RN'IDS DES t401:VES 9s6 J I PLANNING & ZONING COMMISSION MARCH 17, 1983 PAGE 10 Moved by Jordan and seconded by Baker that this item be approved. Jakobsen indicated that it was a good idea to clean up the title of the property. The motion carried unanimously. OTHER BUSINESS: Commission procedures regarding individual rezoning requests during the process of rezoning the entire City. Franklin explained the problems concerning the timing of individual rezoning requests during the process of rezoning the entire City. Scott asked if the Commission could refuse to consider rezoning requests. Franklin indicated there was a problem with that since once the applicant paid the fee as provided by ordinance, the Commission was required to act. The Commission could defer - applications until the adoption of the zoning ordinance but the applicants would have to waive the 45 -day limitation period. Franklin stated that, should the applicant not wish to waive this period, the Commission could deny the application. Franklin noted that Seward had expressed reservations about delaying rezoning requests in this manner since many people wished to construct this construction season and did not wish to wait until August. Scott suggested that if the rezoning request did not consider a more dense zoning, then it could be considered. Jakobsen stated that this was more a Council problem than the Planning and Zoning Commission's problem. The City Council will have to decide what to do with those applications which the Planning and Zoning Commission has approved. Jakobsen stated that the Council needs to set a policy and the Planning and Zoning Commission would follow that. Franklin asked if the Commission wished to accept applications as they were submitted and let the City Council decide whether or not to proceed. Scott agreed with Jakobsen's comments. Jakobsen suggested that the City Council be forewarned that they should take this issue into consideration. Moved by Baker and seconded by Blank that the Planning and Zoning Commission recommend that the City Council consider these problems and set some sort of policy regarding the problems of rezoning applications prior to the adoption of the new zoning ordinance. The motion carried unanimously. PLANNING AND ZONING COMMISSION INFORMATION: Jordan stated that he had received telephone calls from people living near First Avenue and Rochester Avenue, who expressed no problems with the R1B zone proposed under Z-8305 but problems with the R3B zone. Baker reported on the last City Council meeting, stating that Hillcrest Family Services, Inc. were having difficulty finding homes in zones where group homes are allowed. Baker stated that the parking design standards have been tabled following comments from Joe Holland. Baker stated that the City Council was concerned with the section of the standards which 956 i MICROFILMED BY ` -CORM-MICR6LA9 ' CEDAR RAPIDS DES MOINES � PLANNING & ZONING COMMISSION MARCH 17, 1983 PAGE 11 stated "those are the only allowable configurations". Baker indicated that it may be unreasonable to expect that. Baker stated that he was upset that Holland had bypassed the Planning and Zoning Commission hearings during which the design standards were discussed and thought it was unfair for the City Council to get these suggested revisions without first having public input at the Commission hearings. Baker stated that he wished the City Council would make it obvious to people who come in at a later date, to come in earlier during the Planning and Zoning Commission hearings. Knight stated that he had met with Holland that day. Scott suggested that this discussion be deferred until the next informal meeting. Knight indicated that the Council wished a response to Holland's comments by March 28. Knight reviewed Holland's letter which contained proposed revisions to the parking design standards item by item. Baker stated that the Commissioner's wanted, at a minimum, to provide for proper ingress and egress and to mandate open space in the parking design standards. Scott stated that it was the intent of the commission to prevent parking from five feet of either side of the building. Knight pointed out that the restriction in the ordinance would be measured from the lot line. Scott stated that he would eliminate the words "front" and "back" of the house, suggesting that parking be disallowed five feet parallel to the side of the building.. Baker suggested that the standards say that no parking, drives or aisles be allowed within five feet of the building and to change the required side yards to perhaps 50%. Knight stated that one of Holland's comments was that excess water and adequate drainage was not defined and that the provision controlling those might best be left out. Jakobsen disagreed, stating that she saw no objection to making provisions for drainage. Schnittjer asked how these standards would be enforced. Knight stated that the Planning Department and the Engineering Division would review permits in the future. Jakobsen argued that Holland's storm sewer argument was,not a concern. Scott asked if the Commission should allow the City Council to make changes or request that the standards be sent back to the Planning and Zoning Commission. Baker suggested that the Commission wait and see what changes the City Council makes instead of automatically asking that the standards be sent back to the Planning and Zoning Commission. Jakobsen stated that the biggest problem was the side yard issue, and expressed the preference to have the City Council resolve this issue. Jakobsen stated that the intent was not to have the entire side yard become concrete. Scott pointed out that there is a problem when the side yard reaches into the rear yard area. Knight asked how the Commissioners would feel about prohibiting parking in 50% of the side yard and to have no parking, drives or aisles within five feet of doors or windows. Baker stated that he liked the suggestion of no parking, drives or aisles within five feet of the building. Knight questioned whether disallowing parking within five feet of the building was justifiable under police powers and Scott indicated that provisions regarding windows should be left in. lr 1 nICRUILMED BY "JORM -MICROLAB. 1 L% CEDAR RAPIDS • DES MOINES i ' I MINUTES RIVERFRONT COMMISSION APRIL 4, 1983 - 7:30 PM CIVIC CENTER LAW LIBRARY MEMBERS PRESENT: Fountain, Cleland, Willis, Oehmke, Lewis, Knarr, Rausch, Boutelle, Gerleman MEMBERS ABSENT: Sokol, Horton STAFF PRESENT: Moen, Behrman RECOMMENDATIONS TO CITY COUNCIL: None. SUMMARY OF DISCUSSION: Lewis called the meeting to order at 7:30 P.M. The members introduced themselves to new member Gerleman. The minutes of March 7, 1983 were reviewed. Cleland suggested amendments as follows: Page 4, paragraph 3 - "Inquiring if" not "suggesting that density would be increased". Page 4, paragraph 5 - Delete sentence beginning "Cleland suggested" and insert "Cleland requested an opinion on density from Boothroy." Moved by Oehmke and seconded by Cleland that the minutes of March 7, 1983, be approved as amended. The motion carried unanimously. DISCUSSION OF QUESTIONS AND ANSWERS REGARDING CONSERVATION EASEMENTS: Moen distributed a listing of riverfront property owners and their mailing and property addresses, as well as "Questions and Anwers Regarding Conservation Easements". These were discussed and reviewed by the Commission members. Willis suggested that some reference to the Stanley Plan be included. Lewis suggested this would be appropriate in a preface, along with a statement commenting on the advantages of a vegetative buffer. Moen stated that the two objectives of these questions and answers were to equip the members of the Riverfront Commission with information with which to approach riverfront property owners, as well as to answer questions in a brochure format. Willis asked if the Stanley Plan was available for public review. Moen replied that it was available at the Public Library. Boutelle commented that, since the entire plan had been modified and was not being wholly implemented, it might not be beneficial to have the plan displayed for review. Boutelle stated that it would be more useful for the public to consult the buffer and trail plan. /�17 1 i MICROFIL14ED BY -; `JORM IDS RI LAEi ..I L CEDAR RAPIDS DRE !d0I, S RIVERFRONT COMMISSION APRIL 4, 1983 PAGE 2 Fountain expressed concern at the term "donated" in question #3. Lewis recommended that the term "dedication" would be more appropriate. The members debated alternative wording for this question and resolved the problem to read: "How is the amount of land I put under conservation to be determined?" Answer: Since the topography and natural characteristics vary, each easement is designed in light of the particular situation. The sizes of the easement may vary". Boutelle' asked who would negotiate the conservation easements. Moen replied that the Planning and Program Development staff would negotiate the easements. Cleland remarked that a typical dimension could be inserted. Boutelle commented that she was unsure whether a small easement would be better than none, if it was not performing a useful service. The members asked Moen to look into clarification of whether or not a minimum size easement was desired by the City. Cleland suggested that a minimum of 10 feet should be kept in mind rather than in print, especially as these easements might cost the City money. Moen stated that conservation easements should not cost the City anything; the City Assessor has indicated that most of the property along the river does not generate much in the way of taxes and there would be no great revenue loss to the City. Oehmke pointed out the cost of entering into the agreement in terms of staff time and legal review. With regard to question #4, Moen stated that it could be modified to address Fountain's concerns expressed at a previous meeting. Question #4 was modified to read: "Is the public or the City permitted access to my property?" With regard to Question #5, Cleland asked the positive effects of a conservation easement on the land. Moen explained that in some instances, conservation easement have improved property values and raised taxes in areas where a large easement is obtained. Oehmke suggested that "insured" be used in place of "assures". Boutelle questioned whether the conservation easement could be modified by a future landowner. Willis expressed the opinion that the easement could be modified. Boutelle suggested that this possibility be included in the answer to Question #5. Boutelle suggested that the last sentence in Question #7 be deleted. Regarding Question #8, Gerleman asked how the conservation easement would restrict the placement of riprap on the river bank. Moen stated that the conservation easement would not restrict those requirements of the Iowa Natural Resources Council. The members discussed whether or not the property owner would be restricted from mowing the conservation easement land or from controlling erosion. Willis reminded the members that these questions refer to a "generic" easement; each conservation easement would be modified to suit the landowner. The answer to #8 was amended to read: "Entering into a conservation easement agreement does not alter the normal responsibilities the property owner has to maintain his land. A I i MICROFILMED BY 1_ �JORM-MIC ROLAB CEDAR RAPIDS • DES HOMES I f RIVERFRONT COMMISSION APRIL 4, 1983 PAGE 3 conservation easement does encourage the landowner to be sensitive to the valuable natural resources of the property." Regarding Question #9, Boutelle asked the difference between "freely given" and "establishing a conservation easement". Moen explained. Boutelle suggested that "will" be changed to "may" in the second sentence of the answer. Fountain remarked that a ruling from the Internal Revenue Service would be beneficial when discussing tax advantages of participating in a conservation easement. Boutelle asked the result if a conservation easement affects and raises the assessment of a particular property. Moen indicated that she would check with the City Assessor regarding the possibility of an increase. Knarr urged that the great detail in #9 be reduced to read that "There may or may not be tax advantages, which would depend on whether there was an increase or decrease in the property's value". Boutelle suggested that the landowner be urged to check with the City Assessor and a tax advisor. Oehmke suggested that the answer clarify that "The conservation easement will affect the aesthetic value and that may or may not affect the fair market value by an increase or decrease. Any change in the fair market value may affect the taxes". Fountain questioned the cost to the landowner of appraising the land, surveying the land, and consulting tax advisors. Willis suggested that a legal description without a survey might suffice. Regarding #10, Moen indicated that the answer would reflect if survey costs were applicable. Lewis expressed a concern that the information was too specific. Willis remarked that survey costs should be the grantee's expense. Moen stated that the question would be pursued. Boutelle commented that these costs would not be incurred unless the landowner wished to obtain a tax break. Regarding #11, Oehmke suggested it be broken into two questions. Fountain asked that the word "zone" be replaced with "zoning ordinance" and "regulations". Cleland complimented Moen on the preparation of these "questions and answersle. Cleland asked if funds were available for a brochure and Moen stated that she would find out. Boutelle suggested that the Johnson County Board of Supervisors and the City of Coralville be contacted prior to printing a brochure. Moen stated that the best channels for communicating with those two bodies would be investigated. Fountain questioned whether there would be an effect of the conservation easement on property owners who wished to place their land in forest reserves. Moen stated that the differences between conservation easements and forest reserves would be explored and addressed in an additional question. CANOE TRIP: The canoe trip was tentatively set for June 25, 1983 further discussed at the May meeting. MICROFILRED BY 1 -DORM -MICR46L:AB CEDAR RAPIDS - DES MOVIES This item will be 9577 f. 9 I I r RIVERFRONT COMMISSION APRIL 4, 1983 PAGE 4 RIVER CORRIDOR OVERLAY ZONE UPDATE: Moen announced the schedule of public hearings for the proposed zoning ordinance, stating that final action by the City Council was planned for August 2, 1983. Moen mentioned that the Flood Plain Ordinance does refer to a 10 meter or 32.8 feet setback from the floodway zone; possibly the 30 foot horizontal I setback was generated from that standard. Moen reported on findings gleaned from the Army Corps of Engineers regarding flow rate and its relation to elevation, and distributed a chart of "floodway elevations". j The effect of those elevations on the definition of "river bank" was \ discussed. NAPOLEON PARK RIVER BANK TRAIL: Moen stated that she had notified both the Parks and Recreation Department and Public Works as to the availability of student workers. Showalter had indicated that, should the Riverfront Commission decide in July what to do about a trail, he would then utilize student help. The May walk on the trail will be scheduled at the May 9 meeting of the Commission. Moen stated that Public Works did not require assistance on the Rocky Shore project as that department is working on a contract basis and must further meet insurance requirments. r Knarr asked if any plans existed for a trail in City Park along the river for walking, jogging or bicycling. The meeting adjourned at 9:35 P.M. i jMinutes submitted by Sara Behrman, Minute Taker. I 9s1 r i 141CROFIL14ED RY 1" -JORM--MICR6LAB'- I CEDAR RAPIDS DES MOINES h ! I MINUTES BOARD OF ADJUSTMENT APRIL 20, 1983 5:00 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Fisher, Barker, Slager, VanderVelde (arrived at 6:30) MEMBERS ABSENT: None STAFF PRESENT: Franklin, Knight, Moen, Boyle, Keller, Siders, Behrman FINAL ACTION TAKEN: 1. A request submitted by Jahn Nolan for the reconsideration of V-8303 regarding the revocation of a building permit for the property located at 204 McLean Street was withdrawn by the applicant. 2. V-8307. The application submitted by Kevin Gleaves for a variance to i the yard and area requirements of the Zoning Ordinance to permit one lot, located in the northwest quadrant of the intersection of Riverside Drive and Riverside Court, to be subdivided in such a manner that each of four existing non -conforming buildings is located on an individual lot was dismissed. 3. V-8306. The application submitted by Sheep's Head Limited for a variance to Section 8.10.35, Sign Regulations of the Zoning Ordinance to permit erection of a free-standing sign below the minimum height required at 209 North Linn Street was denied. 4. V-8309. The request for a variance to the sign regulations for Towncrest Inn Limited at 1011 Arthur Street was denied. 5. V-8310. The request for a variance to the sign regulations for The Ordinary Bike Shop at 215' North Linn Street was granted subject to the conditions that a) the variance applies to the existing sign in its present configuration and appearance, b) that the sign cannot be removed and reinstalled, c) if any other signage is erected for any business conducted in this space, the sign varied shall be removed and d) if the applicant occupies any other portion of the building that gives them frontage, then the sign must be removed. 6. V-8311. The request for a variance to the sign regulations for the First Presbyterian Church at 2701 Rochester Avenue was granted to permit construction of a sign with three faces as shown on the design submitted by the applicant. 7. The Board set a regular meeting schedule on an experimental basis as follows: the second Wednesday of each month at 4:30 p.m. and the fourth Wednesday of each month at 4:30, as needed. SUMMARY OF DISCUSSION: Barker called the meeting to order at 5:05 p.m. Consideration of the request submitted by John Nolan for the reconsidera- tion of V-8303 regarding the revocation of a building permit for the property located at 204 McLean Street. 9� 14ICROFILI•IED BY 1 L DORM MIC ROLAB CEDAR RAPIDS DES 14014[5 I � ..l BOARD OF ADJUSTMENT APRIL 20, 1983 PAGE 2 Barker explained that the Board had received a motion from Marc B. Moen, attorney for John Nolan, to withdraw the motion for reconsideration. There was no public discussion. VARIANCE ITEMS: V-8307. Public hearing on an application submitted by Kevin Gleaves for a variance to the yard and area requirements of the Zoning Ordinance to permit one lot, located in the northwest quadrant of the intersection of Riverside Drive and Riverside Court to be subdivided in such a manner that each of the four existing non -conforming buildings is located on one individual lot. Barker stated that the applicant no longer required a variance as he had disposed of his property. Barker suggested that the Board act to dismiss rather than deny the variance. Moved by Fisher to dismis V-8307. Seconded by Slager. The motion carried unanimously (3-0). V-8312. Public hearing on a request for a variance to the Flood Hazard Overlay Zone regulations requested by James Croker for property at 204 E. Benton Street. Barker stated that a deferral had been requested on this item. Knight explained that the City Council had not yet taken action on the conveyance of the property. Moved by Slager to defer this item until the next meeting on May 11, 1983. Seconded by Fisher, carried unanimously (3-0). Barker asked for an opinion from the staff and legal counsel as to a fair and reasonable policy for continuances. V-8306. Public hearing on an application submitted by Sheep's Head Limi`—ted for a variance to Section 8.10.35, sign regulations of the Zoning Ordinance to permit erection of a free-standing sign below the minimum height required at 209 N. Linn Street. Barker explained the problem of obtaining a quorum since he had abstained from previous discussions of this item. Barker asked whether the applicant's preference was to defer until May 11th, hear the item when VanderVelde arrived, or rehear the entire matter. The applicant expressed a preference to rehear the entire matter. Knight reviewed the staff report, stating that a permit was denied due to the sign's proposed height. Staff recommended denial due to no showing of hardship nor any unique circumstances. Wayne Glover, 1107 E. Burlington Street, spoke in support of the variance. Glover argued the importance of having a sign at eye level to attract pedestrian traffic. Slager asked if the purpose of not allowing signs at eye level was to prevent obstruction. Knight explained that, while this was true, it was not a factor in this case. Fisher remarked that the intent of the sign ordinance is not violated in this instance. Additionally, the impact on the neighborhood is not negative. Fisher stated that uniqueness could be found given the existence of the front porch. Fisher asked staff to 1 i IIICROFIL14ED BY 1. 'DORM . MIC R6LAB CEDAR RAPIDS DES >1D I'JES I !r I J ,I BOARD OF ADJUSTMENT APRIL 20, 1983 PAGE 3 explain how they had arrived at two varying recommendations in two similar cases: V-8306 and V-8310. Franklin explained the distinction in regard to the frontage available to each establishment and warned the Board against comparing cases since .neither could be precedential. Siders remarked the Sheep's Head Limited did have the ground space to provide alternative signage and could erect a monument sign. Slayer asked for a review of allowable height for monument signs. Siders complied. Knight commented that it was difficult to find hardship in a difference of elevations of one to one and a half feet between the allowed monument sign and the currently prohibited sign. Siders verified that the sign on the fence could not be considered a monument sign. Karen Kubby, 914 S. Dubuque, spoke in favor of the variance for aesthetic purposes. Kubby argued that the one and a half feet caused no hardship to the City either. Barker explained the function of the Board and agreed that the points of this application were well taken. Kubby pointed out that a free-standing sign might block the fire exit from the porch. Judy Felder, 335 Beldon Avenue, spoke in support of the variance, stating that this is one of the most aesthetically pleasing signs in Iowa City. Fisher asked if the same sign could be installed on two poles and Siders indicated that was a possibility. Moved by Fisher to grant a variance to V-8306. Seconded by Slager. The j motion failed 0-3. Barker explained the appeal procedure. i j V-8309. Public hearing on a request for a variance to the sign regulations for Towncrest Inn Limited at 1011 Arthur Street. Keller presented a staff report. The staff recommended denial of the variance. Keller described the signs in question. No one spoke in favor or in opposition to the variance. Siders explained that the applicant would be allowed to erect one free- standing or monument sign in addition to one facia sign. Slager commented that neither hardship nor uniqueness could be found if either option were available to the applicant. Fisher concurred. Moved by Fisher to grant a variance to V-8309. Seconded by Slager. The motion failed unanimously (0-3). V-8310. Public hearing on a request for a variance to the sign regulations for The Ordinary Bike Shop at 215h N. Linn Street. Franklin reviewed the staff report and submitted photographs taken by the applicant. Staff recommended in favor of granting a variance due to the uniqueness of the location of the shop, which had no frontage. Siders commented that the building and the sign encroached over the right-of-way. Nicholas Hoeffer, 520 Rundell Street, spoke in favor of the variance. Hoeffer argued that the business had no street frontage and the sign had to be as "eye catching" as possible. Hoeffer pointed out that alternative signs would either be invisible to pedestrians or at the mercy of the business in the front of the building. 9� ' i - IIICROFILMED BY 1 1 _-JORM MICR6L49 1 ' CEDAR RAPIDS - DES MOVIES ( i 1 I BOARD OF ADJUSTMENT APRIL 20, 1983 PAGE 4 Siders commented on a letter from Hoeffer, which argued that no ordinance violation had occurred. Siders stated that the staff disagreed; the sign is in violation of the ordinance and does extend over the public right-of- way. Mary Hoeffer, 520 Rundell Street, spoke in support of the variance and disagreed that, based on her understanding of public right-of-way, the sign did extend over the right-of-way. Barker asked Hoeffer his position regarding the sign ordinance, permits and liability insurance. Hoeffer apologized for not applying for a sign permit, stating that although he had been aware of the need to do so, he had not. Hoeffer stated that he had constructed the sign. Siders suggested that the Board include size and location limitations on the sign, should they choose to grant the variance. Fisher concurred. Siders asked that height and projected overhangs be considered as well. Barker stipulated that, if the bike shop should move, the sign should come down. The Board reviewed its findings of fact and conclusion of law as follows: a) testimony received from the Board indicates the possibility of installing fascia signs; b) the sign is in violation of the ordinance; c) the business has no frontage on the main street; and d) hardship is inherent in the potential loss of business should the sign be installed in another location. .Boyle reminded the Board that uniqueness is an element of hardship and that the applicants plan to acquire frontage next year. The Board discussed the various limitations which should be imposed on the variance. Barker expressed the concern that the hardship was self-imposed. Stager and Fisher disagreed. Franklin stated that, while the applicant may have been made aware that his business had no frontage, it is accepted that commercial properties be allowed adequate signage. Moved by Fisher that the variance to V-8310 be granted subject to the conditions that a) it applies to the existing sign in its present configuration and appearance; b) that the sign cannot be removed and reinstalled; c) if any other signage is erected for any business conducted in this space, the sign varied shall be removed; and d) if the applicant occupies any other portion of the building that gives them frontage, then the sign must be removed. Seconded by Slager. The motion carried unanimously (3-0). VanderVelde arrived at this point. The meeting recessed at 6:35 and reconvened at 6:40 p.m. V-8311. Public hearing on a request for a variance to the sign regula- te ns for the First Presbyterian Church at 2701 Rochester Avenue. Moen presented the staff report, stating the sign as designed and in the context of the surrounding circumstances met the uniqueness test and upheld the intent of the ordinance. The staff recommended that the variance be granted. 1 i 141CRoEIL14ED By —"JORM"- MIC RISLAB - 1 CEDAR RAPIDS DES MOVIES I J i BOARD OF ADJUSTMENT APRIL 20, 1983 PAGE 5 Barker expressed his support. Slager asked if any objections had been received. Moen reported that neither verbal or written objections have been received by staff. No one spoke in opposition to the variance. Fisher asked Siders the intent of the ordinance in prohibiting three -sided signs. Siders stated that he was unsure. Moen mentioned that the proposed zoning ordinance would not restrict three -sided signs. Fisher expressed his support for the variance. Slager asked that the Board's findings of facts and conclusions of law be derived from the staff report. Moved by VanderVelde that the variance to permit construction of a sign i with three faces as shown on the design submitted with the application be granted. Seconded by Fisher. Motion carried unanimously (4-0). The minutes of February 2, March 30 and April 5, 1983, will be reviewed by the Board with comments submitted to staff by 5:00 p.m., April 22, 1983. Boyle mentioned that an experiment with a more summary form of minutes will be tried. + OTHER BUSINESS: i 1. A regular schedule for Board meetings: The Board reached a consensus to set, on .a trial basis, regular meetings the second Wednesday of each month at 4:30 p.m. The fourth I Wednesday of each month will also be set aside for meetings, should the need arise. The meeting adjourned at 7:05 p.m. i Taken by: prj•w_ Sara Behrman, Minute -Taker c�, Submitted by Approved by: W MICROFILMED BY ..� 1. -.,.,•,`.' I-"JORM-MIC ROLG:B- 1 CEDAR RAPIDS BES MOINES ,� I