HomeMy WebLinkAbout1983-08-30 Bd Comm minutesMINUTES
IOWA CITY HOUSING COMMISSION
AUGUST 3, 1983
MEMBERS PRESENT: Haendel, Krause, Logan, Ringgenberg, Trevor
MEMBERS ABSENT: Schlechte, Farran
STAFF PRESENT: Kucharzak, Flinn, Barnes, Hencin, Brown
I. Meeting to Order - Meeting called to order at 3:00 p.m. at Iowa City
Public Library Room A by Chairperson Haendel.
2. Minutes of Meeting June 1, 1983 - Moved by Ringgenberg, seconded
Logan, that minutes be approved. Approved 4/0.
3. Housing Rehabilitation— Barnes requested withdrawal of application
for 119 Evans Street and approval of application for 627 Third
Avenue. Following discussion moved by Krause, seconded by
Ringgenberg that forgivable loan for 627 Third Avenue be approved.
Approved 4/0.
Krause- raised questions about housing rehabilitation program and
rationale for age requirements. He raised a particular concern about
helping younger families. Concensus that Barnes should attend next
CCN meeting to answer questions concerning the program.
Exterior Painting Program - Following discussion of parameters of
program, moved Ringgenberg, seconded Logan, that guidelines be
approved. Approved 4/0.
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4. Congregate Housing - Kucharzak distributed Moffit report on
Congregate Housing and indicated that by next meeting booklet
summarizing building's services for elderly and handicapped persons
should be completed.
Kucharzak distributed article on "sharing" for the elderly. He
indicated he will be asking that some Congregate Housing money be set
aside, so that this fall someone can be hired to work on finding
people who want to share their home. He indicated there are three
types of "sharing":
1. Homesharing with well -elderly.
2. Elderly persons with some dependency who could get reciprocal
benefit from other person.
3. Mutual benefit each party - living -in arrangement.
5. Discussion of General Variance - Mobile homes relative to minimum
room size. Brown explained the criteria for general variance and
procedures to be followed. He indicated that this can be done by
appeal or petition, but that no action may be taken until someone
Lrequests it.
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Housing Commission
August 3, 1983
Page 2
6. Housing Appeals Board - Kucharzak advised there will be no meetings
in August, but two are scheduled for September (i.e. September 8 and
September 20).
7. CCN - Committee did not meet in July. Krause questioned Neuhauser's
comments wanting to expand role of CCN to review human services
requests. Krause commented that the Committee is a broad-based,
active body.
Logan left early for out-of-town meeting.
8. Coordinator's Report - Flinn reported housing assistance paymentson
378 units for a total of $66,460.25 August 1, 1983, and 38 new
applications recommended for approval. She advised that annual
report of Housing Commission had been completed and copies would be
mailed. Commission was advised that the Section 8 management review
has been completed, that no discrepancies in Housing Quality
Standards were noted, and that a letter of commendation had been
received from HUD.
Public Housing 22-3 and 22-4 - Flinn reported all units leased up
for both programs.
9. General Discussion - Krause raised question from CCN (re minutes
dated June 21, 1983) requesting a report from the Housing Commission
f and Housing Coordinator on the status of funds allocated for public
housing site acquisition. Kucharzak advised response is premature,
j but promised a preliminary report by September 1, 1983, with
something substantial by September 15, 1983.
f 10. Election - Haendel nominated by Ringgenberg. Declined nomination.
Nomination withdrawn. Haendel nominated Krause, seconded by Trevor,
` approved 4/0.
Vice Chairperson - Krause nominated Logan, seconded Ringgenberg,
approved 4/0.
Approved:
Fred C. Krause
Chairperson
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MINUTES OF THE
IOWA CITY MUNICIPAL AIRPORT COMMISSION
August 11, 1983
Iowa City Civic Center
Members Present: George, Saeugling, Schmeiser, Tiffany, Lewis
Staff Present: Zehr, Brown, Wright
Guests Present: Wayne Overman, Charles Neuzil, Charles Rupert, Dick Pactschell,
Elliott Full, Ann Mittman, Helen Jones, E. K: Jones, Dick
Hansen, Nelson Logan, Dr. Howe
Chairm
July 21 George
called tmeeting order
and28meetingswereconsideredand approved.
m The mutes of the
Manager Zehr presented the bills for the month and explained them briefly.
They were approved for payment as presented.
Addressing the subject of the proposed construction of a tall TV transmitting
tower southwest of Iowa City, Zehr asked the members to sign letters to the FAA
which had been prepared, citing objections because the tower would be too close
to the VFR route, and would interfere with vectoring for both the Iowa City and
Cedar Rapids airports. It was suggested that one letter be prepared for the
ers, and
tog obtainsof inputlfromethe�entirencommunitythat a concerningitheearing should desireabilityborcalled
undesireability of the '
proposed tower.
Zehr reported the Tall Structure Overlay Zoning Ordinance was
Passed
Iowa City Council on August 8, 1983. Commissioner Schmeiser reviewedythee
changes that were made from the proposed ordinance, which included a change in
the approach slope on Runway 30 and re -writing of some clear zone definitions.
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Manager Zehr asked Wayne Overman, from Howard R. Green Co, to explain a grant
pre -application which has been prepared by that firm for submission to the FAA.
The Projects included in the application were (1) Easements, (2) Reconstruct
Failed Pavement, (3) Land Acquisition - Phase I, (4) Runway Extension, (5)
Land Acquisition - Phase II,
)
atic
Station. Mr. Overman explainedthat titlwould be important toather have thisfing re
application in place in order to be eligible for funds whenever the airport's
state of non-compliance with the FAA is rescinded. Tiffany moved and Lewis
seconded a motion to file the pre -application; the motion was passed unanimously.
Zehr introduced Mr. Dick Pattschell, who represented a group of eight pilots
who are interested in constructing T -hangars at the airport. The proposition
was discussed at length and the proponents agreed to prepare a plan for presentation
at the next regularly scheduled meeting of the Commission.
Commissioner Lewis submitted a labor bid for the installation of a chicken wire
ceiling in the Old United Hangar. After discussion it was decided that plastic
on top of the wire might be desireable, and Mr. Lewis will obtain a bid for the
plastic and labor for consideration at the next meeting.
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Minutes of the
Iowa City Municipal Airport Commission
August 11, 1983
Page 2
Zehr displayed the tophies which will be awarded at the Annual Airport
Breakfast to be held August 28.
The Chairman had no report, but hoped to be able to report at the next meeting
on negotiations with the FAA concerning the problems which have resulted in a
state of non:compliance. Some of the guests present asked for information
about what is being done to resolve those difficulties. Mr. Hansen, of
Hansen Lind Meyer, expressed concern that a displaced threshold would result
in a shortened runway, making that runway inaccessible to his aircraft.
Dr. Howe suggested that the Airport Commission is an autonomous body and should
take any actions necessary to resolve the difficulties promptly. Mr. E. K. Jones
expressed concern that the entire commission had apparently not been informed
of the negotiations made by the committee that is working on the problem. The
matter will be placed on the agenda for the next meeting.
The meeting was adjourned at 9:30 p.m.
Recorder: Priscilla Wright
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MINUTES
PARKS AND RECREATION COMMISSION
AUGUST 10, 1983
MEMBERS PRESENT: Riddle, Mitchell, Willis, Dean
MEMBERS ABSENT: Crum, Jennings, Martin
STAFF PRESENT: Showalter, Cassady, Howell, J. Carroll, Harvey
GUESTS PRESENT: Anne Glenister, Diana Lewis
RECOMMENDATIONS TO THE CITY COUNCIL
None
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN
i
Moved by Willis; seconded by Mitchell, that the July 13 minutes be approved as
written. Unanimous.
There was no one present in the audience wishing to address the Commission.
Joyce Carroll, Cultural Arts Supervisor, presented a slide presentation on
i cultural arts programs, children's playground activities, children's museum
and special events. She gave an overview of summer activities and outlined
fall programs and activities.
Anne Glenister, Project Green
that Project Green would like�toaseeve aarcomprehensiveort on 9landscapePPla She said
park. Their goals are to achieve an attractive entrance to thepCity,for the
preserve good views and vistas. Anticipated problems are settling ndfl l
terrain and the possibility of the vistas and views being blocked by the new
transportation bus barn building. Landscaping may be needed to screen the
park from unsightly views. The area is also in the airport clear zone.
Anne said that the Stanley Report on the redesign of Sturgis -Ferry Park is
impractical and outdated. Project Green suggests using a profess'onal land-
scape Plan, but there are limitations of time a
the problems and limitations and has the abilit to implement theplan. of
She
is suggesting that Don Sindk, University Landsgaping, and Jim Maynard, landscape
architect, be involved.
Mr. Showalter referred to the map of the area. He said that FAA will have a
say in this, however, it is not known what they will bu
to build berms over landfill. A single berm is most practicalitonbe putiups
around the transportation building, and drainage to the river will be required.
He has no idea at this time where funding will come from.
Willis asked for a rough estimate of cost and Showalter said there is none at
this time, but the major cost will be the machinery hours to build the berm.
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Parks and Recreation Commission Minutes - August 10, 1983 (page two)
Moved by Dean, seconded by Mitchell, that the City attempt to maintain a single
functional berm with low evergreen planting on top to screen the unsightly view
of Public Works equipment and supplies storage areas. Unanimous.
DIRECTOR'S REPORT
Showalter asked that the September meeting be scheduled for September 28 to
discuss budget, as well as regular items. Approved.
CHAIR REPORT
None
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Al Cassady reported that the fall brochure is at the printer's, and that 20,000
brochures will be going out in the Press Citizen. There are added programs for
pre-schoolers and special events for children. There will also be adult flag
7 football and fourth thru sixth grade basketball and volleyball.
PF He also reported that the new Robert A. Lee Recreation Center sign will be up
within two weeks and a Recreation Center sign will be put up in back of the
building. The gym will be repainted and the pool cleaned during maintenance
week which will be the week of September 15th.
E He reported that 200 applications had been received for the Recreation Supervisor
Position and that applications would be taken through August 22nd. The position
was advertised in the Press Citizen, Des Moines Register, quad -City Times, Cedar
Rapids Gazette, and NRPA Newsletter.
j. The•Conmission and staff discussed the new umpire training clinic which will
involve the Recreation Center, Coralville and the University.
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Cassady reported on the golf tournament and said that 32 golfers participated.
There were no female or senior citizen participants, but it
is hoped that they
will participate next year.
Riddle reported that Cassady has been designated as City representative for
the 1985 Jr. Olympics.
Moved by Dean, seconded by Willis, to adjourn at 8:30 p.m.
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Dee Harvey
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MINUTES
PLANNING AND ZONING COMMISSION
JULY 7, 1983 7:30 PM
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Scott, Jordan, Seward, Jakobsen, Blank, Baker
MEMBERS ABSENT: None
STAFF PRESENT: Franklin, Knight, Boyle, Behrman
RECOMMENDATIONS 70 CITY COUNCIL
1• 2-8312. That the e
Aapplication submitted b
s—ociation for the rezoningof Y the Kirkwood Neighborhood
pproved.
Avenue from M1 to R2 be a certain the
located 521 Kirkwood
2• V-8303. That the application submitted b
Of an alley abutting 522 S. Dubuque Streetberapproved n for the vacation
retention of an easement over the entire area of rigof-wy ubject to the
3• The Planning and Zoning Commission recommends the adoption of an amendment
to Section 8.10.28.0 of the zoning ordinance.
SUMMARY OF DISCUSSION
Seward called the meeting to order. In response to a request for an
discussion of any item not included on the agenda, the followingspoke:
Y Public
David Whiting, 922 Wthe alnut Street, asked if the proposed zoning ordinance deleted
that the Commission wouldchecki to the utility
Poles and if so
Why. Seward stated
Baker suggested that vacation items be handled after zoning items on the agenda.
SUBDIVISION ITEMS
1• 5-8318. Public discussion of an application submitted by Dean Oakes for
approval of a preliminary subdivision plat of 12.3 acres, between Prairie
du Chien Road and Old Dubuque Road, known as Oakes Third Addition; 45 day•
limitation period: 7/25/83.
Franklin reviewed the staff report. She explained that a
attached to the plat stating that four lots would not be developed until
the new sewer s note would be
staff's recommendation in place.
This note was added in response to the
capacity in the downstream sewer system.the Franklin also outlinedvision based on astaffts
concern over the Foster Road issue.
Mike Kammerer, representing Dean Oakes, stated that the developer plans to
comply with City Council's resolution regarding east side development by
delaying development of four lots which will eventually hook into the
sanitary sewer system. Regarding secondary access being provided by Foster
Road, Kammerer stated that it was the developers understanding that Foster
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Planning & Zoning Commission
July 7, 1983
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Road would take a northerly alignment when it was built. Kammerer pointed
out that secondary access for Oakes' lots was not required; if the Foster
Road alignment is agreed upon, a proper right of way and appropriate city
streets will be paid for by the developer at the time of further -
development. Franklin agreed that secondary access was not an issue with
this development; however, she pointed out that the Foster Road question
was a broader issue and it was not clear that the City Council intended to
have Foster Road built along that northerly alignment or even whether they
planned to construct the road at all. She alluded to a resolution in which
the Council suggested the possibility of removing the road from the
Comprehensive Plan at some future date, depending upon the progress of
development in the area. Franklin stated that the proposed development
would cut off alternative means of access to future development north of
the Oakes Additions and south of I-80.
The following persons spoke in opposition to the request:
Anthony Frey, 15 Caroline Court, requested a provision for the continuity
of the sewer and some means of a pedestrian crossing. Frey expressed
disappointment at more septic tank development, expressing the hope that
the development would go off the septic tank and onto the sewer system at
the appropriate time.
Franklin stated that any approval should be subject to the approval of the
Johnson County Health Department regulations at the time of installation of
septic tanks.
Marian Neely, 1127 Wylde Green Road, representing Oakes, stated that all
city regulations had been complied with. Neely asked if there were any
objections as long as the developer agrees to the delay of the development
of four lots until sewer installation. Neely stated that the developer
preferred 10 large lots as opposed to a larger number of small lots;
Franklin agreed that 10 lots were more attractive than the 36 lots
previously proposed, given ,the topography and the sewer questions.
Franklin stated that there was one O-ral revision necessary; sanitary
sewer provisions must be shown on the plat.
Moved by Baker and seconded by Scott to defer this item until
July 21, 1983. Scott stated that he was willing to support the deferral to
allow further discussion of the Foster Road issue at an informal meeting.
The motion to defer carried unanimously.
2. S-8319. Public discussion of 'an application submitted by Gary Harding for
approval of a preliminary and final subdivision plat of 19.2 acres in
JohnsLocaloRoad�;n45 daymile east limitationf the Iowa period: 8/l/83;r60rday orate limits
limitationlsouth
one perof
od:
8/16/83.
Franklin reviewed the staff report, stating that the staff recommended that
the preliminary platting requirements not be waived because this
development was in an area which may be annexed in the future. Franklin
stated that the City Engineer had recommended deferral as deficiencies
regarding storm water management had not yet been met. There was no public
discussion of this item.
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Moved by Jakobsen and seconded by Jordan to defer item S-8319 until
July 21, 1983. The motion carried unanimously,
ZONING
ZZ838. Public discussion of an application submitted b
Services for an amendment to the zoning ordinance to make group care f cilitiFmiI
a permitted use in R3, RNC -20, and R3A zones; 45 day limitation period: waived.es
Franklin stated that the Board of Adjustment had upheld the Zoning Code
mayInterpretation panel's definition of an institution; Hillcrest Family Services
on. However, i
other gronow ups - -and future tgrouplhomesrcHaiti
llcrest Family Se vicesnhathe interest of
s asked that an
amendment to the ordinance still be considered.
Jakobsen stated that she would like to defer this item for further discussion.
Moved by Jakobsen and seconded by Scott to defer item Z-8308 until the next
informal meeting for further discussion on July 18, 1983. The motion carried
unanimously.
2-8309. Public discussion of an application submitted by Larry Rigler for the
re�ng of property at 521 Kirkwood Avenue from M1 to R3.
Seward stated that a request to defer had been received from the applicant, who
asked that this item be deferred to August 4, 1983. Moved by Baker and seconded
by Scott to defer to the August 4 meeting for discussion purposes only. Baker
stated that he intended to vote against this deferral as he preferred to discuss
this application at the same time as Item Z-8312. Scott agreed that a deferral
would serve little purpose stating that this item had been deferred previously
at the applicant's request. Scott pointed out that there was a large turnout
for both applications (S-8309 and S-8312) and the Commission had indicated at
the last formal meeting that both issues would be voted on tonight. The motion
to defer failed unanimously..
Seward asked if there was any new information from the staff on this item. Boyle
stated that he had reviewed the legalities of both requests and had concluded
that either classification (R3 or R2) would be appropriate and neither would
represent a "taking of property'
Larry Schnittjer, 465 Highway 1 West, representing the applicant, stated that
the applicant wished to withdraw the application.. Moved by Blank and seconded
by Jordan to withdraw the application at the request of the developer for the
rezoning from M1 to R3. The motion carried unanimously.
Z-8312. Public discussion of an application submitted b
Neighborhood Association for the rezoning of certain propertyylothe cated atwood
Kirkwood Avenue from M1 to R2; 45 day limitation period: 7/8/83.
The following persons spoke in favor of this rezoning:
Susan Horowitz, 1129 Kirkwood, asked how the withdrawal of Item Z-8309 would
affect item Z-8312, expressing concern that the owner could begin the
construction of a warehouse immediately. Seward explained that the property
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owner could proceed with the development of the property under the present M1
zoning until the City Council acts upon the planning and Zoning Commission's
recommendation. Seward pointed out that first abuilding permit must be
obtained. Seward reviewed the history of the rezoning request. Boyle stated
that the Commission's action on a change in zoning would not affect the
applicant's alternatives prior to the rezoning being approved by the City
Council; if Rigler obtained a building permit before the effective date, the
rezoning would not stop the action allowed under that permit.
Harold Stager, 1221 Kirkwood Avenue, spoke in favor of the rezoning, stating
traffic concerns as the reason for his support.
John Bennett, 909 Webster, spoke in favor of the rezoning, stating that he felt
strongly that the development of this property should be residential. Bennett
stated that the key issue is transition; he noted that it would be best if the
characteristics of both the R3 and R2 zones could somehow be reflected at t
property. Bennett stated that the R2 characteristics whis
ere needed to protect the
R1 properties and the R3 characteristics were desirable to protect the
commercial properties. Bennett suggested that a downzoning to R2 would create
an economic incentive for the submission of a PAD to allow R3 characteristics
along the commercialside of the property.
Patrick Gilpin, asked when the City Council would take action on the
Commission's recommendation. Knight reviewed the procedure, stating that final
action would possibly be taken by September 27.*
Jinx Davidson, 924 Walnut Street, stated that the development of duplexes would
be a good compromise between the two needs of the community, and would serve as.a
good investment as well. Davidson spoke in favor of rezoning to R2.
Horowitz asked if there were any legal means to prevent the developmentof this
Property under the current M1 zoning. Boyle explained that only if a building
Permit were issued illegally, could an injunction be issued. Boyle explained
that according to the Code, the same property could not be subjected to two
moratoriums in one year. He noted that the Council had previously set a public
hearing on the property owners original application for a rezoning to RNC -20.
This had established the one permitted moratorium.
David Doerring, 1016 Diana Street, spoke in support of the R2 rezoning and
referred
19551 land use maps had listedb521dasobeingthe Cresidential allowing stated
d pl xesaand
townhouses. Doerring stated that nowhere in his research in the history of the
zoning of the property did he find out why the property had been rezoned to M1.
Doerring suggested that the rezoning to Ml was a mistake and mentioned that
nearby owners had also been zoned commercial without their knowledge and against
their wishes. Doerring questioned whether there was something legally suspect
inherent to the 1962 zoning ordinance and Boyle replied no. Doerring spoke in
favor of the submission of a PAD to allow a mix between the qualitites of the R3
and R2 zones. Doerring stated that a duplex development in Iowa City was a good
investment as substantiated by Frantz construction. Doerring questioned the
possiblity of a one lot subdivision. Knight explained that it would be a
Possibility.
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John Dyson, 837 Kirkwood, commented on the zoning process, stating that the
intent of the citizens seemed clear and urged the approval of the R2 request.
Blank asked if the neighborhood had negotiated privately with the developer.
Gilpin stated that there had been no contact been the Kirkwood Neighborhood
Association and the developer for several months.
Eugene Rave, 711 Kirkwood Avenue spoke in favor of the rezoning request,
Pointing out that the property was currently neglected and the area saturated
with multi -family developments. Rave commented that there were no parks in the
area.
David Whiting, 921 Walnut Street, urged approval of the R2 rezoning, stating he
was opposed to high density and the resulting increase in traffic. Whiting
stated that the high density problem was further exacerbated by the City's
inability to enforce permitted housing occupancy. Whiting also expressed the
need for green space in the area.
Claude Williams, 626 Dianna Court, spoke in favor of the R2 rezoning, expressing
i concern over large developments and the resulting increase in traffic.
Moved by Blank and seconded by Jordan to recommend the request for rezoning from
M1 to R2.
Jakobsen thanked the members of the neighborhood for continuing to attend the
hearings, stating that she had come to the conclusion that the R2 zoning was
appropriate. Baker stated that he was also in favor of the motion, pointing out 1
that similar problems had arisen elsewhere in the City in the past. Baker
stated he would vote for the R2 zoning and would encourage the developer to
submit a PAD. Scott commented that, in reference to the developer, he could
have developed under the current M1 zoning after the expiration of the 60 day
moratorium. Scott stated that to hope for parkland or undeveloped property was
unrealistic. He observed that the suggestion of a zone to incorporate the
characteristics of both the R3 and R2 zones captured the attention of the
Commission. Scott stated that he intended to support the R2 rezoning because
of the potential development of the property under a PAD. Blank commented that
supporting the motion would provide a chance for everyone to "be a winner",
stating that it was also a victory to have developed friendships through the
neighborhood association. Jordan stated that he would support the motion and
would further support the submission of a PAD. Seward stated that he felt the R3
zoning would have allowed the appropriate transition but had decided to support
the R2 zoning request.
The motion carried unanimously.
The meeting recessed at 9:00 PM and reconvened at 9:lo PM.
Z-8310 Public discussion of an application submitted by Frank Boyd for the
e_zo ng of 2.2 acres in the southwest quadrant of the intersection of Gilbert
and Prentiss Streets from C2 to CBS; 45 day limitation period: waived.
Franklin stated that she had spoken to the applicant about the possibilities of
L amending the application to request R38 zoning and that the applicant perferred
to stay with the CBS request.
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John Cruise, representing Boyd, stated that CBS rezoning was desirable as other
properties along Gilbert Street had been rezoned to CBS and the applicant was
entitled to the same action. Cruise noted that the request was consistent with
the proposed zoning map. Larry Schnittier, MMS Consultants, stated that the
proposed zoning of C82 was one of the reasons the CBS zoning was being
requested. Seward pointed out that there were some differences between the two
zones. Cruise stated that the property would probably be developed for
apartments and the R3B requirements of a 20 foot setback would make it difficult
to develop. Some plans for underground parking were being considered.
Franklin referred to Section 8.10.23.8.7, stating that a 20 foot setback would
still be required even under CBS zoning. Moved by Scott and seconded by
Jakobsen to defer item V-8310 until July 21 with discussion on July 18. The
motion carried unanimously.
Z-8311. Public discussion of an application submitted by Richard McKeen for the
rezoning of 522 S. Dubuque Street from C2 to R38; 45 day limitation period:
7/7/83.
Franklin stated that the applicant was amenable to considering the CBS zone if
the Commission were more favorably disposed to it rather than the R38 zone.
Seward suggested that this item be discussed further at the informal meeting.
Dick McKeen, 522 S. Dubuque, stated that the R3B request was compatible with the
future zoning map. Seward requested a waiver to allow further discussion of
this area. McKeen granted a waiver of the 45 day limitation period.
Moved by Jordan and seconded by Jakobsen to defer item Z-8311 until July
214 1983. The motion carried unanimously.
Z-8313. Public discussion of an application submitted by Marian Angersola for
the rezoning of lots 28 and 47-56 of Westgate Addition on Wheaton Road from R3 to
RIB; 45 day limitation period: 7/31/83.
Knight reviewed the staff report, stating that the staff recommended in favor of
this rezoning. Seward asked if the application could be amended to include
additional lots and Boyle replied affirmatively.
Baker asked if there were any objections to the proposed rezoning. Knight
stated that one objection to the rezoning had been received based on that
person's plans to convert his existing single family home to a duplex.
The following person spoke in favor of the rezoning:
Marian Angersola, 727 Wheaton Road, urged that the Commission vote in favor of
the rezoning.
Robert Bowers, 748 Wheaton, spoke in support of the rezoning, stating that a
covenant dated November 20, 1978, had designated all the property as single
family. Boyle commented that the covenant was enforceable only by the neighbors
and developer and not by the City. Knight commented that the covenants could
restrict the property to a single family development even if it was zoned R3.
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Leon Schrage, 618 Keswick Drive, stated that it was the intent of the original
owner to have this property single family on the east side and developed as
duplexes on the west side of Benton Street.
Moved by Scott and seconded by Baker to amend the application to include Lots
22-24 on Keswick and 63-71 on Westgate Circle inclusively of Westgate Addition.
Scott asked if this would cause the City to notify the affected property owners.
Knight stated that it would. The motion carried unanimously.
Moved by Baker and seconded by Scott to defer this item until July 21, 1983. The
motion carried unanimously.
Z-8314. Public discussion of an application submitted by Sengate Rental to the
rezoning of a lot at 805 First Avenue from CH to C2; 45 -day limitation period:
8/4/83.
Knight reviewed the staff report, questioning the size of the proposed rezoning.
Knight stated that the applicant had contacted at least three of the surrounding
property owners and they were amenable to the rezoning of their property.
Knight stated that there was still a question of spot zoning and the staff would
not recommend approval of the rezoning of a single lot.
Gene Kroeger, 320 Willis, stated that he had contacted three of the six property
owners and the rezoning request was consistent with the comprehensive plan.
Seward expressed concern over the spot zoning issue. Knight suggested the
applicant amend his application to include the entire area. Baker asked if
there was a potential conflict with rezoning to C2 now and then adopting a new
zoning ordinance. Knight stated that there was no potential conflict as similar
uses would be permitted under both the present and proposed zones.
Moved by Blank and seconded by Scott to amend the application to include the
entire CH district as ,discussed in the staff report. The motion carried
unanimously.
Moved by Scott and seconded by Jordan to defer this item until the July 21, 1983,
meeting. The motion carried unanimously.
VACATION ITEMS:
V-8303. Public discussion of an application submitted by Richard McKeen for the
vacat on of an alley abutting 522 South Dubuque Street.
Knight stated that the staff recommended in favor of this application with the
provision that an easement be maintained over the area. Seward asked if this
application was relevant to the rezoning application. Knight stated that in the
opinion of the staff it was not.
Richard Montrose, 124 Penfro Drive, asked if it was standard procedure to allow
the adjacent property owner an opportunity to purchase half of the alley.
Knight stated that it was. Montrose stated that on those grounds he supported
the application and intended to file an additional application for further
vacation of this alley.
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Planning & Zoning Commission
July 7, 1983
Page 8
McKeen explained that if vacated, he could obtain access to Prentiss Street.
Moved by Baker and seconded by Scott to recommend approval of V-8303 subject to
retention of an easement over the entire area of right-of-way. The motion
carried unanimously.
V-8304. Public discussion of an application submitted by Frank Boyd for
vacation of a portion of the Des Moines Street right-of-way.
Knight stated that staff had no objection and wished to retain an easement over
the entire area. Cruise asked if the entire property needed to be subject to the
easement. Knight stated that perhaps it could be reduced to a 15 foot strip
along the side of the property and suggested discussing the easement question
With the Engineering Division. Cruise stated that he would like the opportunity
to talk to the engineering staff and give only the easement needed. Cruise
asked that this item be deferred until July 21.
Moved by Scott and seconded by Jakobsen to defer this item until July 21, 1983.
The motion carried unanimously.
Public Discussion of an Amendment to Section 8.10.28D of the Zoning
Ordnance
Boyle explained the amendment, stating it would clarify the City's right to stop
construction if an appeal is filed until a decision is rendered by the Board of
Adjustment. Baker asked if there was any provision in the new zoning ordinance
to prevent demolition as well. Boyle explained that demolition was a different
issue from construction. Baker suggested that it might be an improvement to
include demolitions as well. Boyle observed that demolitions were a different
type of issue.
i.
Moved by Baker and seconded by Jordan, to recommend adoption of amendment to
Section 8.10.28D of the Zoning Ordinance. The motion carried unanimously.
OTMER�S1NES5:
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Planning and Zoning Commission information:
H
Scott commended the City Council and thanked them for passing a resolution
setting a moratorium on east side construction until the resolution of the sewer
question.
Scott asked the status of his request for a definition of family. Boyle
indicated that it would appear on the agenda in the near future. Boyle stated
s' that changes to the sign ordinance would also be'discussed.
The minutes.of June 2 and June 16, 1983, could not be considered as they were yet
unsigned.
The meeting adjourned at 10:06 p.m.
HICROFILMED BY I
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i CEDAR RAPIDS•DES'MOINES r
Planning & Zoning Commission
July 7, 1983
Page 9
Taken by:
Approved
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PREL1 11NARY
MINUTES Subject to Approval
PLANNING & ZONING COMMISSION
JULY 21, 1983 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Scott, Jordan, Seward, Jakobsen, Baker
MEMBERS ABSENT: Blank
STAFF PRESENT: Franklin, Knight, Behrman
RECOMMENDATIONS TO CITY COUNCIL:
I. Z-8308. That the application submitted by Hillcrest Family Services for an
amendment to the zoning ordinance to permit group care facilities in R3,
RNC -20, and R3A zones be denied.
2. Z-8313. That the application submitted Marian Angersola for the rezoning
of Lots 28 and 47 through 56 of Westgate Addition on Wheaton Road from R3 to
RIB be approved.
3. V�8. That the application submitted by Frank Boyd for vacation of a
portion of the Des Moines Street right-of-way be approved subject to a 15
foot easement for utility access.
4. S-8318. That the application submitted by Dean Oakes for approval of a
prel urinary subdivision plat of 12.3 acres between Prairie du Chien Road
and Old Dubuque Road, known as Oakes' Third Addition, be approved.
5. S-8320. That the application submitted by MacBride Addition, Inc. for
approval of the final subdivision plat of MacBride Part 4 located south of
MacBride Drive, west of Keswick, and north of MacBride Part 3 be approved
subject to street dimensions being shown on the plat and final approval of
legal papers.
REQUEST To CITY MANAGER FOR STAFF ASSISTANCE:
1. The Planning & Zoning Commission requests staff assistance in drafting an
amendment to the zoning ordinance to meet the wishes of the Commission in
regard to the number of roomers allowed per dwelling unit in various zones.
SUMMARY OF DISCUSSION:
Seward called the meeting to order. There was no public discussion of any item
not included on the agenda. The minutes of June 2, 1983, were amended as
follows: Page 1 vote should read "5-0-1; Jakobsen abstained." The last page
should read: "Loren Norton's resignation" not just Horton. The minutes of June
2, 1983, were approved as amended. The minutes of June 16, 1983, were amended as
follows: application Z-8312 should read R2 zoning at this location; and Horton
should not be marked absent. The minutes of June 16, 1983, were approved
unanimously as amended. The minutes of June 20, 1983, were approved unanimously
as circulated.
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PAGE 2
ZONING ITEMS:
1• Zrervlces -8308. Public discussion of an application submitted by Hillcrest Family
facilities 1n R3, RNr an C 20, and R3Adment to hzones; 45 -day limitationce to n period group
There was no one present to discuss this item.
ved
by Baker to
ibaJakobsen cdrerthis lothis
tme. Jkosexplainedthat the particular Hilcrestfacedhad
been solved through the Board of Adjustment and was also considered in the
new zoning ordinance; it would be more appropriate to resolve this issue at
the time the new zoning ordinance is considered. The motion carried
unanimously.
2• Z-8310. Public discussion of an application submitted by Frank Boyd for
the rezoning of 2.2 acres in the southwest quadrant of the intersection of
Gilbert and Prentiss streets from C2 to CBS; 45 -day limitation period:
waived.
Seward stated that correspondence from the applicant's attorney had been
received dated July 19, 1983 requesting an amendment to the application
from CBS to R3A and reducing the size of the affected area. This would
result in a new legal description. Franklin stated that the new legal
description would also include the vacated portion of Des Moines Street and
stated that the staff was supportive of the amendment to the application.
There was no one present to discuss this item. `
Moved by Baker and seconded by Jakobsen to defer 'this item until the next
ec
formal meeting since there was an amendment to the application.
suggested that this motion be tabled until the expected late arrival It was
of the
applicant's attorney.
3. 2-8311. Public discussion of an application submitted by Richard McKeen
o rthe rezoning 522 South Dubuque Street from C2 to R36; 45 day limitation
period: waived.
Peter Hayek, 110 E. Washington Street, attorney for the applicant,
acknowledged that, while the comprehensive plan calls for a mixed
commercial and residential use in this area, it was not economically
feasible e mixed insidential on ltrttHayekasked that Commission consdera use that was consistent
the surrounding properties, explaining that the demand for commercial
property in that area was not great.
had an 80 foot froHayek pointed out that the property
ntage which contributed to the difficulty of developing
this property as a mix of commercial and residential uses.
Baker suggested that this item be further discussed rather than voting at
this time. Hayek expressed agreement with the intention to defer this
item. Moved by Jakobsen and seconded by Baker to defer item Z-8311 until
August 4, 1983. The motion carried unanimously.
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JULY 21, 1983
PAGE 3
Jakobsen stated that the Commission's concern was that the area was
essentially a residential use now but the future use of the area had to be
considered. Hayek reiterated the difficulty in developing this property
commercially.
4• 2-8313. Public discussion of an application submitted by Marian Angersola
for the rezoning of Lots 28 and 47-56 of Westgate Addition on Wheaton Road
from R3 to RIB; 45 -day limitation period: 7/31/83.
Knight stated that no written objections to
received; however, a written objection from George Farkusowner of Lot 24,
which is considered in item Z-8315 rezoning had been
two telephone inquiries regarding thisaitem had been made received Knight stated that
The following persons spoke in favor of this item:
Valda Gebhart8 Westgate Circle, expressed strong support for the
rezoning, stating that the main concern was the need to maintain a balance
in the community between single family and multi -family uses so as not to
be overwhelmed by multi -family housing.
Scott arrived at this point.
Gebhart presented the Commission with a signed petition expressing support
for the rezoning. It was decided to discuss item Z-8315 at this time as
well. 9 pport
5• 2-8315. Public discussion of a City -initiated application for the rezoning
° 22-24, 64-71 of Westgate Addition from R3 to R18; 45 -day limitation
Period: 8/22/83.
The following persons spoke in opposition to this item: Steve Courtney,
617 Keswick Drive, owner of Lot 23, expressed concern that he would not be
able to convert his home to a duplex should the rezoning be approved.
Baker asked Courtney if he had signed a covenant regarding the conversion
of his property to a duplex. Courtney stated that he could not recall such
a covenant, and was under the impression
at anime. that he could convert to a duplex
y t
The following persons spoke in favor of this rezoning:
Valda Gebhart, 8 Westgate Circle, stated that it was both her neighbors'
and her request to protect the needs of the entire community as opposed to
one individual's needs with this rezoning.
.
Moved by Scott and seconded by Jordan to recommend approval of item Z-8313.
The motion carried uanimously.
Moved by Jakobsen and seconded by Baker to defer item Z-8315 until August
4, 1983. The motion carried unanimously.
5-O83discussion
of an
the rezoning oftheplot t 8051FiFirst oAvenue �from Ctted H Btn C2e 45nday
limitation period: 8/4/83.
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PLANNING & ZONING COMMISSION
JULY 21, 1983
PAGE 4
Knight noted that the Commission had initially received the three letters from
adjoining property owners willing to be rezoned. He explained that one property
owner had not yet been notified by the City due to an incorrect address. This
was being corrected. Of those notified, no objections have been raised.
Moved by Scott and seconded by Jakobsen to defer item Z-8314 until August 4,
1983. Scott asked that the agenda indicate the amended area for rezoning. The
motion carried unanimously.
Z-8310. The motion to defer this item had been tabled until this time.
John Cruise, 19 Forest Glen, attorney for the applicant, stated that he had no
objections to a deferral. Baker asked if the amended area was still larger than
two acres. Franklin replied no. Baker stated that he had hoped that a PAD could
be submittted for this development. Cruise replied that an LSRD plan would be
submitted due to the number of units which would be proposed.
The motion to defer until August 4, 1983, carried unanimously.
VACATION ITEMS:
I. V-8304. Public discussion of an application submitted by Frank Boyd for
is
vacation of a portion of the Des Moines Street right-of-way.
Jakobsen pointed out that since this item was part of V-8310 it should be
considered together. Moved by Jakobsen and seconded by Baker to defer item
V-8304 until August 4, 1983. Cruise disagreed, asking that this item not
be deferred. The motion and second were withdrawn. Jakobsen asked what
easements were being requested. Knight suggested that the Commission take
action subject to the resolution of the easement matter, stating that a 15
foot easement would probably be adequate.
Moved by Jakobsen and seconded by Scott to recommend the vacation of a
portion of the Des Moines Street right-of-way subject to retention of a 15
foot easement for access purposes. The motion carried unanimously.
SUBDIVISION ITEMS:
S-8318. Public discussion of an application submitted by Dean Oakes for
approval of a preliminary subdivision plat of 12.3 acres, between Prairie du
Chien Road and Old Dubuque Road, known as Oakes Third Addition; 45 -day
limitation period: 7/25/83.
The following person spoke in favor of the application:
Marion Neely, 1127 Wylde Green Road, attorney for the applicant, stated that the
applicant had complied with all the requirements and the only concern was Foster
Road. Neely indicated that Oakes would be ready to take any action the City
wished when the Foster Road discussion comes up.
/6 l9
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CEDAR RAPIDS -DES MOINES
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PLANNING & ZONING COMMISSION
JULY 21, 1983
PAGE 5
The following person spoke in opposition to this item:
Anthony Frey, 15 Caroline Court, stated that he was one of two property owners
to the south and expressed concern in three areas: 1) Frey asked that a sewer
easement be provided to allow a force main to be extended to his property, 2)
Frey asked that a pedestrian access to the west be granted as a school
children's crossing, and 3) Frey submitted a report from the Johnson County
Department of Health regarding septic tank concerns in the area. Frey stated
that he was concerned about having septic tank development in between two
sewered developments and in an area experiencing problems with septic systems
already i -n place. Jakobsen asked why Frey needed an easement to the force main
and Frey explained. Franklin stated that the City would not support requiring
an easement to provide for a private force main, stating that public right-of-
way is available as an alternative route. With regard to the pedestrian walk,
Franklin stated that this could be required if the block was over 800 feet in
length.
Neely expressed concern about the location of a crosswalk, stating that
topographically this area was not suited to a crosswalk. Neely agreed that an
easement requirement should not be made, and stated that the Johnson County
Health Department had approved all of the proposed lots for septic tanks.
Baker asked for further clarification of the City's liability with regard to
Foster Road, should this. development be approved. Franklin commented that the
Commission's approval would not put the City in a legal bind to construct any
part of Foster Road but that approval may create a political bind for the City
Council.
Moved by Jordan and seconded by Jakobsen to approve item 5-8318.
Jordan stated that he considered Foster Road to be a secondary issue and Scott
agreed. Scott stated that the issue of Foster Road was unrelated to the
approval of this preliminary plat and indicated that he would vote in favor of
the subdivision. With regard to the pedestrian crosswalk, Scott wondered who
would maintain the crosswalk if no one was legally bound to do so. Baker stated
that Foster Road was an issue, stating that one development should not be
isolated from another when there are potential future problems; however, Baker
indicated that he would vote in favor of this item. Jakobsen agreed with Baker
up to a point, but stated that the planning of Foster Road was completed and
until the City Council tells the Commission otherwise, the Commission should
assume that Foster Road will eventually be built. Jakobsen stated that Foster
Road was a secondary issue and that she would vote in favor of the subdivision.
The motion carried unanimously.
S-8319. Public discusison of an application submitted by Gary Harding for
approval of a preliminary and final subdivision plat of 19.2 acres in Johnson
County one mile east of the Iowa City corporate limits and south of local road;
45 -day limitation period: 8/1/83; 60 -day limitation period: 8/16/83.
Franklin stated that a revised plat, auxilliary stormwater management plat and
legal papers had been submitted the previous day and were still under review and
requested a waiver of the 45 -day limitation period. Larry Schnittjer, MMS
Consultants, submitted a waiver of the 45 -day limitation period. Franklin
stated that the staff anticipates recommending approval.
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PLANNING & ZONING COMMISSION
JULY 21, 1983
PAGE 6
Moved by Scott and seconded by Jakobsen to defer item 5-8319 to August 4, 1983.
The motion carried unanimously.
S-8320. 'Public discussion of an application submitted by MacBride Addition,
Inc., for approval of the final subdivision plat of MacBride Part 4, located
south of MacBride Drive, west of Keswick, and north of MacBride Part 3; 45 -day
limitation period: 8/11/83; 60 -day limitation period: 8/26/83.
Knight stated that the preliminary plat requirements did not need to be waived,
the legal papers had been reviewed and comments forwarded to the applicant, and
the staff recommended approval subject to submission of revised legal papers.
Jakobsen.questioned the width of the street and Knight stated that the staff had
not yet received revised plat. Schnittjer indicated that there was no real
concern as it had been corrected.
Moved by Scott and seconded by Jordan to recommend approval of the final
subdivision plat subject to final approval of legal papers. Jakobsen stated
that she would prefer that this item be approved subject to the street width
being shown. Moved by Jakobsen to amend the motion subject to the street right-
of-way shown on the plat. Baker seconded the motion. The motion to amend the
previous motion carried 4-1, Scott voted no. The amended motion to approve item
S-8320 subject to the street width being shown on the plat and final approval of
legal papers carried unanimously.
PUBLIC DISCUSSION OF A ZERO LOT LINE ORDINANCE:
Seward urged that copies of the zero lot line ordinance be made widely
available. Scott proposed that copies be sent to the Iowa City Chamber of
Commerce and Home Builders Association. Moved by Scott and seconded by Jakobsen
to defer this item until August 41 1983. The motion carried unanimously.
Rachel Dinus, 320 East Washington, Apt. 9D, the Towers, questioned the impact of
the amendment on the elderly. Dinus stated that she was a member of the Johnson
County Task Force Heritage on Aging. Dinus stated that the task force was
concerned about the financial impact on a family who could no longer keep their
home private and questioned the differences between the present and the proposed
ordinance in the area of roamers. Seward explained the impact of the proposed
amendment and asked that the staff provide a copy of the accessory apartment
discussion as well as a copy of the proposed 0dinance to the Task Force.
The Commission discussed the fact that they wished to have the amendment revised
by staff to reflect the consensus they had reached during discussion of the new
Zoning Ordinance regarding the number of roomers allowed in all zones, not just
in single family zones.
Moved by Scott to request staff assistance in drafting an amendment to meet the
wishes of the Commission regarding the allowable number of roomers in various
zones. Seconded by Jordan. The motion carried unanimously.
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PLANNING & ZONING COMMISSION
JULY 21, 1983
PAGE 7
OTHER BUSINESS:
Discussion of appointments to the Riverfront Commission. Seward appointed Tom
Scott as the Planning and Zoning Commission representative to the Riverfront
Commission.
Planning and Zoning Commission information:
Jakobsen reported as the Planning and Zoning Commission's member of the Ralston
Creek Coordinating Committee, that the Committee had met at the North Branch dam
structure and while recognizing the work the City had done for flood prevention,
reminded the City that the job was not complete and other things could be done to
improve Ralston Creek and prevent flooding.
Scott questioned why the Commission had not reviewed the rezoning of the
property located in the County recently purchased by Kirkwood Community College.
Franklin explained that there was no formal system of referrals from the County
to the City Commission, but that all future rezonings which the staff was aware
of would be mentioned to the Commission. Jakobsen expressed concern about that
property with regard to its position near the airport. Franklin reported that
the City/County Fringe Committee had considered that issue and found that the
property was not within the overlay zones.
Scott stated that he had received a telephone call from Gus Kennedy, concerning
the potential location of a farm implement business immediately west of the P
zone, in the AG zone north of Melrose and west of the University property.
Franklin pointed out that this area was currently zoned R1A and was not shown
for urban development in the Comprehensive Plan.
i
Baker reported as P&Z's representative to the Historic Preservation Commission
that the first public hearing on nominating the Woodlawn and Summit Street areas
as historic districts would be held on July 27 at 7:30 p.m.
The meeting adjourned at 9:27 p.m.
Taken by:
Approved
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CEDAR RAPIDS -DES MOINES
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PRE1161MINARY
Subject to Approval
MINUTES
PLANNING AND ZONING COMMISSION
AUGUST 4, 1983 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Scott, Jordan, Perry, Seward, Jakobsen, Blank, Baker
MEMBERS ABSENT: None
STAFF PRESENT: Franklin, Knight, Boyle, Boothroy, Behrman
RECOMMENDATIONS TO CITY COUNCIL:
1. The Planning and Zoning Commission recommended the zero lot line
ordinance to the City Council for its adoption.
2. Z-8310. That the application submitted by Frank Boyd for the
rezoning of 1.6 acres in the southwest quadrant of the intersection
of Gilbert and Prentiss Streets from C2 to R3A be approved.
3. Z-8311. That the application submitted by Richard McKeen for the
rezoning of 522 South Dubuque Street from C2 to R3B be approved.
4. 2-8314. That the application submitted by Bengate Rental for the
rezoning of the entire Highway Commercial (CH) Zoning District,
located north of the intersection of First Avenue and Muscatine
Avenue, to C2 be approved.
5.
Z-8315. That the amended City -initiated application for the
rezoning of Lots 22-23, 64-71 of Westgate Addition from R3 to R1B be
approved.
6.
The Planning and Zoning Commission recommends that the City Council
adopt the proposed ordinance amending Section 8.10.35.6 of the sign
ordinance 43, R3A and R3B zone Regulations" by inserting RNC -20 into
that list.
7.
The Planning and Zoning Commission recommends approval of paragraph
4.f of the Miller/Orchard Street Neighborhood Improvement Plan,
finding that it is consistent with the Comprehensive Plan as adopted
in 1978 and updated in 1983.
8.
S-8319. That the application submitted by Gary Harding for approval
of a preliminary and final subdivision plat of 19.2 acres in Johnson
County one mile east of the Iowa City corporate limits and south of
Local Road be approved subject to the receipt of revised legal
papers.
9.
S-8321. The Planning and Zoning Commission recommends that the City
Council forward a recommendation of support to the City of Coralville
regarding an application submitted by the City of Coralville, in
accordance with their interjurisdictional agreement with the City of
Iowa City, for the preliminary plat of Woodland Valley Estates,
located northwest of the Iowa River and east of Stewart Road.
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Planning & Zoning Commission
August 4, 1983
Page 2
10. 5-8322. That the application submitted by Plum Grove Acres, Inc.,
for approval of the final plat of First and Rochester Addition, Part
One, located north and east of the intersection of Rochester Avenue
and First Avenue be approved subject to the final approval of the
legal papers and construction plans.
11. The Planning and Zoning Commission recommends that the City Council
forward a recommendation to the County for denial of the application
submitted to the County Zoning Commission for the rezoning of .73
acres south and west of the Iowa City limits on old Highway 218, just
north of the fairgrounds.
SUMMARY OF DISCUSSION:
Seward called the meeting to order. There was no public discussion of any
item not included on the agenda. The minutes of May 26, 1983, were
amended to show that Baker was absent. Moved by Jakobsen and'seconded by
Baker to approved the minutes of May 26, 1983, as amended. The motion
carried unanimously. The minutes of June 9, 1983, were amended as
follows: Page 6, "Baker proposed... five feet for the first 24 feet of
height and one foot if it exceeds 24 feet in height." Moved by Jakobsen
and seconded by Scott to approve the minutes of June 9, 1983, as amended.
The motion carried unanimously.
Public.discussion of the zero lot line ordinance:
Boothroy explained the changes in the zero lot line ordinance, stating
that these changes cleared up apparent contradictions in the ordinance.
Boothroy stated that this ordinance would not change the required minimum
square footage for single family structures located in the middle of a lot
but would only apply to zero lot line structures when located in R1, R2 or
R3 zones. Boothroy stated that this ordinance created a specific zone
l (RIC) and also allowed the construction of zero lot line structures in R1,
R2 and R3 zones. Baker expressed concern for potential problems in
developed areas with older houses. Seward asked if duplexes would still
be permitted the same type of utility hookups. Boothroy stated that would
be up to the utility company. Seward stated that standards should be set
forth for the zero lot line. Boothroy explained that control would be
imposed with the subdivision review process.
Bruce Glasgow, 834 North Johnson Street, requested that a copy of the
Urban Land Institute Rules and Regulations regarding the required actions
of the building official be made available to the members of the Planning
and Zoning Commission. Glasgow spoke in opposition to the zero lot line
ordinance, stating that the requirements were too stringent. Blank
questioned why the City should adopt the zero lot line ordinance if the
requirements were so stringent as to prevent anyone from building a zero
lot line structure. Boothroy explained that this item had been referred
to the Planning and Zoning Commission after City Council discussion; the
City Council does not wish the Building Code to be changed at this time.
Moved by Jakobsen and seconded by Scott to recommend the zero lot line
ordinance to the City Council for adoption. Scott stated that he
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Planning & Zoning Commission
August 4, 1983
Page 3
empathized with the complaint about the fire wall requirements, agreeing
that it added cost. Scott asked what the requirements were regarding fire
walls in commercial zones. Boothroy explained that those requirements
were dependent upon location. Blank asked if the builders'
recommendations regarding this ordinance had been received in writing;
Boothroy responded that they had not.
The motion carried 5-0-2; Baker and Perry abstained, as they were not
comfortable voting at this time.
Public discussion of an amendment to the Zoning Ordinance regulating the
number of roomers in single family zones:
Boothroy explained the changes in this ordinance. Baker requested that
the ordinance be expanded to include all residential zones. Boothroy
asked whether the Planning and Zoning Commission members wished to allow
two or three roomers in the RNC -20 zone. The Commission indicated a
desire to conform to the new zoning ordinance and stated a preference for
j three roomers in the RNC -20 zone. The members decided to discuss an
expanded ordinance at a later date.
Moved by Jakobsen and seconded by Scott to defer this item until the next
1 meeting. The motion carried unanimously. Seward asked that this
ordinance be ready in final form by the next meeting.
s
2-8310. Public discussion of an application submitted by Frank Boyd for
the rezoning of 1.6 acres in the southwest quadrant of the intersection of
Gilbert and Prentiss Streets from C2 to R3A; 45 -day limitation period:
waived.
There was no public.discussion.
Moved by Jordan and seconded by Scott to recommend approval of item Z-
8310. Scott referred to a previous discussion regarding design changes,
stating that he would vote in favor of the motion but urged that the i
developers heed the uniqueness of this location across from the Close
Mansion. Baker stated that R3A was an appropriate zone, but expressed
concern about how the property was developed; Baker stated that the
developers has a "public obligation" to take into account the surrounding
historic area. Jakobsen stated that if industrial revenue bonds are
applied for, the design of the structure on this property would be
reviewed by the Design Review Committee. Scott read a letter dated July
22, 1983, from the -Chairperson of the Historic Preservation Commission ,
Margaret Nowysz.
The motion carreid 6-0-1; Perry abstained on this and all further action
by the Commission as it was his first meeting.
Z-8311. Public discussion of an application submitted by Richard McKeen
for the rezoning of 522 South Dubuque Street from C2 to R38; 45 -day
limitation peroid: waived.
/6 93
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CEDAR RAPIDS•DES MOINES, r
Planning & Zoning Commission
August 4, 1983
Page 4
Richard McKeen, 4 Lakeview, thanked the Commission for their assistance,
stating that the rezoning would be the beginning of the improvements
needed in this area.
Moved by Blank and seconded by Jordan to recommend approval of Z-8311.
Jakobsen stated that she would vote in favor of this item because the
applicant has convinced her that there was not enough demand for
commercial development in this area to insist upon that designation.
Blank concurred, stating she was pleased that there was no objection from
the area's residents. Scott expressed a preference for the consideration
of a commercial development on the first floor of the proposed structure.
Scott stated that he would probably vote against this motion on the
grounds that it does not comply with the proposed zoning ordinance. Baker
agreed with Scott's comments, stating he would prefer a rezoning to CB2.
The motion carried 4-2-1; Scott and Baker voted no; Perry abstained.
Z-8314. Public discussion of an application submitted by Bengate Rental
Tor rezoning of the entire highway commercial (CH) zoning district,
located north of the intersection of Firat Avenue and Muscatine Avenue, to
C2; 45 -day limitation period: 8/4/83.
Knight stated that the staff recommended in favor of this rezoning
request. There was no public discussion.
Moved by Scott and seconded by Baker to approve item Z-8314. The motion
carried 6-0-1; Perry abstained.
f
Z-8315. Public discussion of the City -initiated application for the
rezoning of Lots 22-24, 54-71 of Westgate Addition from R3 to R1B; 45 -day
limitation period: 8/22/83.
Knight stated that restrictive covenants had not been filed with the City
and staff could not tell whether or not Lot 23 was included in the
restrictive covenant. There was no public discussion. Moved by Scott and
seconded by Blank to recommend approval of item Z-8315. Moved by Scott
and seconded by Jordan to amend the motion to delete Lot 24. The motion to
amend the motion carried 6-0-1 (Perry abstained). The amended motion to
approve the rezoning carried 6-0-1; Perry abstained.
Knight explained that this amendment was necessary to provide for signage
in the RNC -20 zone. There was no public discussion.
Moved by Scott and seconded by Jordan to recommend that the City Council
adopt the proposed ordinance. The motion 6-0-1; Perry abstained.
I
r I y
/6 93
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Gj I MICROFILMED BY
t±i '.JORM MICROLAB I
'CEDAR RAP I DS- DES -MD I NES- r
Planning & Zoning Commission
August 4, 1983
Page 5
COMPREHENSIVE PLAN ITEM:
Consider the Miller/Orchard Street Neighborhood Improvement plan for
conformance with the Comprehensive Plan:
Seward asked if the Commission could propose amendments to the plan.
Knight stated that they could if the amendments pertained to conformance
with the Comprehensive Plan. Seward stated that he would prefer that only
the RIB zone be designated the Neighborhood Strategy Area (NSA). Knight
stated that may not then qualify the area for an NSA. Jakobsen stated she
had no objection to including the C2 zone if it would correct the ditch
problem. Scott and Jordan expressed opposition to the plan, stating, that
they explaiere ned ed thaterned th thoseecause houses the
whicharea
werewas
ren renter rental
occupioeduwould otgbe
permitted to receive funds for rehabilitation by the rules of the program.
Scott stated that he still objected to the plan, as the federal money is
to be used for public improvements and the plan is written in a manner
which gives another impression.
Moved by Blank and seconded by Jakobsen to approve paragraph 4.f of the
Miller/Orchard Neighborhood Improvement Plan dated August, 1983, finding
that it is consistent with the Comprehensive Plan as adopted in 1978 and
updated in 1983. The motion carried 4-2-1; Scott and Jordan voted no;
Perry abstained.
SUBDIVISION ITEM:
5-8319. Public discussion of an application submitted by Gary Harding for
approval of a preliminary and final subdivision plat of 19.2 acres in
Johnson County one mile east of the Iowa City corporate limits and south
of local road; 45 -day limitation period: waived; 60 -day limitation
Period: waived.
Franklin referred to the memo dated August 4, 1983.
Moved by Jordan and seconded by Baker to recommend approval of this item
subject to the receipt of revised legal papers. The motion carried 6-0-1;
Perry abstained.
5-8321. Public discussion of an application submitted by the City of
Coralville, in accordance with their interjurisdictional agreement with
the City of Iowa City, for the review of a preliminary plat of Woodland
Valley Estates, located northwest of the Iowa River and east of Stewart
Road; requested response deadline: 8/23/83; 45 -day limitation period:
8/28/83.
Knight referred to the memo from Pat Keller updating the staff report,
stating that this item was still not in compliance with the design
standards. The Commission reviewed the plot plan.
Moved by Scott and seconded by Jakobsen to recommend to the City Council
that they forward a recommendation of support to the City of Coralville.
/693
MICROFILMED DY
�:JORM MICROLAB
L -CEDAR RAPIDs•DES•1401NE5-`
Planning & Zoning Commission
August 4, 1983
Page 6
Seward stated that the application should address the issue of secondary
access. Seward further stated that the provision of an easement on the
plat for right-of-way for secondary access was sufficient for now. The
motion carried 6-0-1; Perry abstained.
S-8322. Public discussion of an application submitted Plum Grove Acres,
Inc., for approval of the final plat of First and Rochester Addition, Part
One, located north and east of the intersection of Rochester Avenue and
First Avenue; 45 -day limitation period: 9/1/83; 60 -day limitation
period: 9/16/83.
Knight reviewed the staff report, stating that staff recommended approval
subject to the final approval of legal papers. There was no public
discussion.
Scott stated that he had no objection to the use of City land for the
right-of-way.
Moved by Scott and seconded by Blank to approve item S-8322 subject to
final approval of legal papers and construction plans. The motion carried
6-0-1; Perry abstained. Jakobsen stated that while this application was
in compliance, she was still not in favor of more buildings being
constructed on that sewer line.
Knight explained that this was being reviewed by the Commission due to the
staff's concern of possible circumvention of the building code with the
adoption of the zero lot line ordinance. Franklin presented an example iri
the Court Hill Addition as illustrative of the need for this amendment for
general compliance with the Zoning Ordinance. Glasgow objected to this,
stating that it was not a'good example, and further stated that he was
opposed to the one lot subdivision ordinance. Glasgow suggested that if
the staff was concerned, this ordinance should only apply to existing
structures.
Al Leff, an attorney, stated that there would be a problem if this
amendment was adopted between adjacent property owners needing to shift
boundary lines. Knight stated that if no new lots were created, the
property owners could move the lines around. Seward read the proposed
ordinance amendment for clarification.
Moved by Baker and seconded by Scott to defer this item until the next
meeting. The motion carried unanimously.
OTHER BUSINESS:
Discussion of a request submitted to the County Zoning Commission for the
rezoning of .73 acres south and west of the Iowa City limits on old
Highway 218, just north of the fairgrounds.
MICROFILMED BY
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i CEDAR RAPIDS DES MOINES
J -
t
Planning & Zoning Commission
August 4, 1983
Page 7
Franklin explained that the requested zoning change was from RS 'to Cl; the
rezoning was being requested to allow the use of a beauty shop.
Moved by Scott and seconded by Baker to recommend that the City Council
forward a recommendation to the County Zoning Commission for denial of
this application. Scott stated that the reasons for his concern were: 1)
the property's proximity to the airport, 2) that this was a matter of
"spot zoning," 3) that it would be more appropriate to allow this use as a
home occupation and not to rezone to commercial.
The motion carried 6-0-1; Perry abstained.
Discussion on meeting scheduled for week of 8/8 to 8/12:
A formal meeting was scheduled for August 8, 1983, to schedule a public
hearing on the new Zoning Ordinance.
The meeting adjourned at 9:50 p.m.
Taken by:
Approved
�CMICROFILMED BY
' IJORM MICROLAB I
;CEDAR RAPIDS•DES MOINES .�
MINUTES
PLANNING & ZONING COMMISSION
AUGUST 18, 1983 7:30 P.M.
MEMBERS PRESENT: Baker, Blank, Jakobsen, Jordan, Scott
MEMBERS ABSENT: Perry, Seward
PRELIMINARY
Subject to Approval
STAFF PRESENT: Franklin, Burkett
RECOMMENDATIONS TO CITY COUNCIL:
1. S-8324• The application submitted by Kathleen Bright for approval
preliminary and final rural subdivision of .73 acres south of Rapid Creek
Road in Johnson County was approved subject to the approval of piof a
by legal staff; preliminary platting requirements were waived.
9 papers
2. S-8325. The application submitted by Marcie Roggow for a
amended final PAO plan of Lots 122, 123 and 124 of Court Hill -Scott
Boulevard Addition approval of an
intersection with ' Part 7, located on Oberlin Street north of the
requirements and Amhurst was approved with a variation of the
legal papers. Parking design standards and subject to final approval Paof
SUMMARY OF DISCUSSION:
At 7:p.m.
order.. Scott called the meeting of the Planning & Zoning Commission to
The minutes of July 7, 1983, were circulated and read. No changes were made.
Jordan moved to approve the minutes. Blank seconded. The minutes were approved
ITEMS NOT ON AGENDA:
Kate Head, 906 E. College
at the ad,906of student senator for the fraternities and sororities
at th el University Iowa. expressed concern that the new zoning ordinance would
Y effect fraternities and sororities. She stated that the fraternities
and sororities should be treated differently as they are "alternative University
housing." She had collected data to present to the Planning & Zoning Commission
at the public hearing on August 24, 1983.
Jakobs
n stated
s had
been
ZoningeCommi Commission worth they niversityeof Iowa and there
by the Planning &
interest. She also commented that the new zoning ordinance will°not malack of
ke the
fraternities and sororities more restricted than they already are at the present
time.
There was no more discussion of items not listed on the agenda.
MICROFILMED V
4? :,JORM MICRO_ LAB
CEDAR RAPIDS -DES MOINES
A 9IJ
PLANNING & ZONING COMMISSION
AUGUST 18, 1983 7:30 P.M.
PAGE 2
SUBDIVISION ITEMS:
1. S-8323. Public discussion of an application submitted by McConnell
Construction Company for approval of an amended preliminary and final PAD
and LSRD plan of Lots 94 and 95 of Ty'n Cae Subdivision, Part 2, located at
the end of Cambria Court; 45-day limitation period: 9/2/83.
Franklin stated the requested action was the approval of the amended
preliminary and final PAD and LSRD plan of Lots 94 and 95 of Ty'n Cae
Subdivision, Part 2. These changes pertain only to Lots 94 'and 95 on the
northernmost end of Cambria Court. The new proposal is to permit the
development of 20 townhouse units. The original parking plans have been
changed. Parking design standards must be varied as part of the PAD
approval to allow a drive in the side yard of Lot 95 and to permit parking
spaces in the drives behind the unit garages. The amended plan proposes to
relocate the existing public walkway easement running through Lot 95 to
Willow-Creek Park. McConnell Construction is proposing to run the walkway
along the southern boundary of Lot 95.
Staff recommended approval of the PAD/LSRD plan subject to submission of
construction plans and final approval of legal papers.
The following persons spoke against the revision to the original parking
plans. Judith Shocton, 1162 Cambria Court, questioned whether the plan
addressed the needs of the people who want to use the parks. There have
been parking difficulities with Willow Creek Park, especially during
soccer season. There is no extra parking available when the park is in use
during this time or any other time it is busy. The people using the park
end up taking parking spaces along Cambria Court. Shocton questioned
whether the density was appropriate given the parking problem and suggested
that the original PAD be revised to exclude this density.
Jakobsen advised Shocton to address this particular parking problem to the
Parks and Recreation Department.
Franklin pointed out that the developer had already received approval to
develop this area at the density shown andcould do so without further City,
approval. Again it was advised to take the parking difficulities to the
City Council or Parks and Recreation Department.
David Shocton, 1162 Cambria Court, spoke against the amendment, again
stating that parking is a problem in that persons presently.living in the
complex already park one car in the driveway and one car in the street. In
the winter, he added, the amount of cars already parked in the street make
snow plowing difficult. He requested a parking lot be added to the
developer's plans.
l Gary Conrad, 1160 Cambria Court, expressed concern with the parking
k situation as far as the adequate ingress and egress of cars owned by unit
dwellers. He stressed that adequate parking has to be provided. Conrad
requested clarification of the location of the walkway to Willow Creek
Park. He agreed with the fact that it should be contained within Lot 95 as
shown on the plan.
16,915.
tj MICROFILMED BY
;2 'JORM MiCROLAB `
CEDAR RAPIDS -DES MOINES
J
I
PLANNING & ZONING COMMISSION
AUGUST 18, 1983 7:30 P.M.
PAGE 3
Ed Wasserman, 1156 Cambria, stated that people who currently live on the
cul-de-sac can't even park in this area as there is not enough room. There
are eight dwelling units with 131 parking spaces available for each unit.
street in front of his unit alread
There are four cars parked on the �s
Again, concern was expressed for winter driving since Cambria Court located
on a hill.
Baker asked if any parking signs were posted in that area. Wasserman
stated there were none.
John Roskam, 231 Cae Drive, questioned how a driveway can be called a
4
parking space. If residents were to have visitors
d spaces eca s for
tthe
dwelling unit were already making use of'the 1§ parking
where would the visitors park? No extra space was provided. Also, the
hill is a problem as there are cars parked on both sides and the street is
only 28' wide. Cars can't pass one another coming and going on this
street. Roskam asked about the possibility of a stop sign.
ces per residential dwelling was intended
Scott stated that 1.5 parking spa
to cover residents and guests. He reiterated the fact that the Commission
could not deal with the parking problems of Willow Creek Park but stated
PAD, a parking lot versus parking spaces
that prior to the approval of the j
was germain. His opinion was that it was more aesthetically pleasing to
have a parking space than a lot.
Jakobsen stated that a plea should be made to the Department of Engineering
for a stop sign.
James Back, 2353 Cae Drive, stated he appreciated toss blecomm�s But ,heaesirtooe
to keep the site as aesthetically appealing as p
expressed concern about ingress and egress in parking spaces.
Judith Shocton stated that the developer has to respect certain personal
ts of e
ark
and ethical ri h gl cted.Sp
She appealed to thle who residee here; that there is a p
developer to reevaluate the
the
plans.
Jakobsen moved to defer action so the developer can take another look at
plans regarding parking on Lot 95. She felt the neighbors had a legitimate
complaint. Blank seconded the motion.
Scott requested that this be deferred to discussion at the informal August
out that
29th meeting with plans to take action September u estedithedneighbors
public discussion was reserved for 9/1/83. He Sugg
petition the City Council to put parking on one side of street and a stop
sign at the end of the street.
Motion carried unanimously.
II At this time Scott called for a three minute recess.
2. 5-8324. Public discussion of an application submitted by Kathleen Bright
for approval of a preliminary and final rural subdivision of .73 acres
j /6 93
CMICROFILMED BY I�
.JORM MICROLAB f
CEDAR RA PIDS•OES•MOINES r
PLANNING & ZONING COMMISSION
AUGUST 18, 1983 7:30 P.M.
PAGE 4
south of Rapid Creek Road in Johnson County; 45 -day limitation period:
9/2/83, 60 -day limitation period: 9/19/83.
Franklin stated that all discrepancies had been resolved. She recommended
approval with a waiver of preliminary platting requirements and subject to
approval of legal papers.
There was no public discussion or Commission discussion.
Jakobsen - motion approval. Jordan seconded. The motion carried
unanimously.
3. 5-8325. Public discussion of an application submitted by Marcie Roggow for
approval of an amended final PAD plan of Lots 122, 123 and 124 of Court
Hill -Scott Boulevard Addition, Part 7, located on Oberlin Street north of
the intersection with Amhurst; 45 -day limitation period: 9/19/83.
Franklin recommended approval of the amended final PAD of Lots 122, 123 and
124 to, permit construction of two four-plex structures. A variation to the
parking design standards and the yard requirements to permit the location
of the building on the lot line and parking in the side yard was necessary.
A draft common driveway agreement and common space maintenance agreement
had been submitted. She recommended approval subject to final approval of
legal papers. All discrepancies and deficiencies have been corrected and
revised plans submitted.
Scott requested that a written memo from staff accompany reports after the
applicant had met the discrepancies listed. He called for a motion to
approve the amended PAD with a variation of the parking design standards
and the yard requirements and subject to final approval of legal papers.
Jordan moved. Baker seconded. Approved 5-0.
4. Public discussion 'of an amendment to Chapter 32, the subdivision code of
the Iowa City Municipal Code, to require compliance with Chapter 32 upon
the division of a separate tract into two or more parcels.
Jordan moved that this item be deferred to the 9/15 meeting. Blank
seconded. Approved 5-0.
5. Public discussion of a request submitted by Richard Ziock for the
designation of South Riverside Court as an officially approved place.
/ Chair suggested this item be deferred to the 9/1/83 meeting if there was no
public discussion. Max Yocum stateVd that he approved of the action
requested. Baker moved. Blank seconded. Approved 5-0.
ZONING ITEMS:
1. Z-8317. Public discussion of an application submitted by Plaza Suite
Investors for the rezoning of property at 404-406 South Dubuque Street from
R38 to CBS; 45 -day limitation period: 9/2/83.
1(0,9-3
—
MiCROs
FILMEO BY
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I CEDAR RAPIDS -DES MOINES r
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P
PLANNING & ZONING COMMISSION
AUGUST 18, 1983 7:30 P.M.
PAGE 5
Jakobsen moved to defer this item to the first September meeting. Scott
moved. Jordan seconded.
Scott stated that the Catholic Grade School would express concern regarding
this item at the September meeting.
Approval to defer 4-0-1. Blank abstained.
2. Public discussion of an amendment to the Zoning Ordinance regulating the
number of roomers permitted in various zones.
Franklin stated that the Commission's requests to delete the "aged"
definition and amend sections D and E were made.
She then explained the difference between the ordinance proposed and the
current ordinance.
Max Yocum, RFD 6, stated his concerns with the roomer ordinance and the new
Zoning ordinance. He stated that the Planning & Zoning Commission was
taking away part of his livelihood ash knows it today. He also stated
that there needed to be more public awareness as to the changes this
i ordinance would be imposing.
Scott stated that there would be a public hearing on the proposed Zoning
Ordinance on August 25, 1983.
Baker stated that there needs to be more public notice on the roomer
ordinance. He suggested notifying the apartment owners association.
Jakobsen pointed out that multi -family dwellings were not really affected
by the changes proposed.
Blank motioned to approve the draft of the ordinance to regulate the number
of roomers. Jakobsen seconded.
Baker stated again the need for more public input. Approved unanimously.
OTHER BUSINESS:
1. Planning & Zoning Commission Information. I
Scott referred to the Friends of Old Brick letter. He stated that it was
the intention of the Chair at the next Monday night meeting to reaffirm
their position on the parking regulations and on sororities and
fraternities and requested members to reread the appropriate sections.
Scott requested that the staff prepare a typewritten form to incorporate
changes made at the August 22nd session for distribution at the public
hearing.
The informal meeting scheduled after the formal meeting of August 18, 1983,
was deferred.
j MICROFILMED BY i
.DORM WROLAB !i
,CEDAR RAPIos-bES-MOiIIES f -
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I
PLANNING & ZONING COMMISSION
AUGUST 18, 1983 7:30 P.M.
PAGE 6
Baker moved to adjourn and Blank seconded.
Formal meeting of Planning Zoning Commission adjourned at 9:50 p.m.
t
Minutes submitted by Lois Burkett.
Approved by:
Horst oran, Secretary
MICROFILMED BY
!JORM MICROLAB
,.CEDAR Wios•DES'MOIRES��,� r
_J
MINUTES
BOARD OF ADJUSTMENT
JUNE 22, 1983
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Randall, Barker, VanderVelde, Slager
MEMBERS ABSENT: Fisher
STAFF PRESENT: Knight, Franklin, Boyle, Siders, Behrman
FINAL ACTION TAKEN:
1, V-8326. The request submitted by Allan and Janenne Wicks for a
variance to the off-street parking requirements of the Zoning
Ordinance for property located at 702 Iowa Avenue was denied.
2. V-8327. The request submitted by Richard E. Keith for a variance to
the yard requirements of the Zoning Ordinance to permit construction
of a garage on property located at 430 North Van Buren Street was
denied.
SUMMARY OF DISCUSSION:
j Barker called the meeting to order. Barker outlined the procedures to be
followed by the Board of Adjustment. Franklin called the roll. The
consideration of the minutes of June 8, 1983, was deferred pending
1 preparation of the minutes.
x VARIAN ITEMSo
1. V -831n7 Public hearing on a request submitted by Andrew Isserman and
ii Anthony Frey appealing the issuance of a building permit to Home Town i
Dairy at 1109 North Dodge Street.
Roger Colton, P.O. Box 1232, Ames, attorney for Isserman and Frey,
presented written statements regarding two procedural issues: a)
the appellants requested the right to cross examine all adverse
witnesses and b) a request to disqualify R. Scott Barker as a person
entitled to consider and decide this appeal d
interest. ue to a conflict of
With regard to the motion requesting the right to cross examination,
the consensus of the Board was to allow cross examination of adverse
witnesses by the appellant.
With regard to the proposed conflict of interest due to a financial
interest, Barker expressed surprise and suggested that the item be
continued to allow the opportunity to review those cases cited in the
motion. For the record, Barker stated that there is no financial
connection between his parents and himself. Barker commented that he
considered the fact that he had grown up near the dairy to be an
advantage in hearing this item; Barker indicated he would abstain
from any vote to continue this item to a later hate.
/6.W
;4e
R i MICROFILMED V
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' CEDAR RAPIDS-DES •MOINES
Board of Adjustment
June 22, 1983
Page 2
Slager expressed displeasure at Colton's presentation of this motion
at such a late date.
Boyle questioned whether Colton's position was that other
undeveloped land would increase in value if the permit were allowed
to stand. Colton stated that that was the expert opinion of J. Sa-
Aadu, faculty of the University of Iowa College of Business
Administration.
Andrew Isserman, 9 Caroline Court, stated that, if the dairy is
allowed 'to develop, it would be less likely that surrounding
undeveloped land would develop as single family.
Moved by VanderVelde to defer item V-8317 until the Board has an
opportunity to examine the nature of any potential conflict of
interest and to consider any ramifications that that may have.
Seconded by Randall. The motion carried 3-0-1; Barker abstained.
Colton suggested that the enjoining order preventing the City or the
building official to issue a stop work order to the dairy did not
apply to the Board of Adjustment's power to issue a stop work order.
Colton urged that a stop work order be issued by the Board to Home
Town Dairy, halting construction pending the resolution of these
administrative matters.
Slager pointed out that the Board had not requested a continuance to
this date; the appellants' attorney had not been able to be present
at the previously -scheduled hearing. Slager commented that the
present decision to defer was largely due to the late presentation of
the motion regarding conflict of interest.
Barker asked Boyle if the Board had the authority to issue a stop
work order. Boyle stated that he was unsure but pointed out that any
stop work order would directly contravene the judge's order not to
stop work. Boyle advised the Board to deny Colton's request.
The consensus was to deny the request to issue a stop work order.
Isserman asked if it would be possible to withdraw the "conflict of
interest" motion and have the Board reconsider its motion to defer
this item. Barker stated that a viable issue had been raised in
regard to the conflict of interest question and he was not interested
in doing anything that might "pollute" the proceedings.
Isserman informed the Board that he would be unable to attend the
hearing if scheduled for July 13.
V-8318. Public hearing on a request submitted by Harry Hinckley
appealing an interpretation regarding non -conforming lots and
rooming house density requirements for certain property located at
520 Ernest Street.
MICROFILMED BY
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II CEDAR RAPIDS -DES MOINES
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Board of Adjustment
June 22, 1983
Page 3
Knight informed the Board that no further information had been
received from the applicant to date. Knight suggested that the Board
could either defer or dismiss this item.
Barker stated that he had a conflict of interest with this item.
Barker left the meeting at 5:09 p.m. VanderVelde assumed the
position of acting Chairperson.
Moved by Randall and seconded by Slager to defer V-8318 until the
next available time on the Board's agenda. The motion carried
unanimously.
V-8326. Public hearing on a request submitted by Allan and Janenne
Wicks for a variance to the off-street parking requirements of the
Zoning Ordinance for property located at 702 Iowa Avenue.
I
Knight reviewed the staff report. The staff recommended denial of
i the variance request.
VanderVelde verified that, although she resided on Iowa Avenue, she
was not acquainted with the applicant.
Janenne Wicks, 1211 Skyline Drive,• Decorah, spoke in favor of the
request. Wicks stated that hardship existed in that the costs of the
house could not be met without the rental of the basement apartment.
Wicks stated that the surrounding rental houses did not provide off-
street parking nor did her tenants own cars.
Phil Phillips, 714 Iowa Avenue, spoke in favor of the variance,
commenting that granting the variance would make little impact on the
parking problem. Phillips stated that parking was allowed on both
sides of Iowa Avenue and commented that the off-street parking he
provided was not used. Phillips stated that there would be no
visible effect on density should this unit be allowed. Phillips
offered the verbal support of K.K. Merker, 726 Iowa Avenue.
No one spoke in opposition to this item.
Moved by Slager to grant a variance to Section 8.10.24, and Section
8.10.25. Seconded by Randall.
VanderVelde commented that there was little space for additional
parking on Iowa Avenue; additionally, visitors with cars tended to
aggravate parking problems even if tenants were not car owners.
VanderVelde 'stated that it was in the public's interest to contain
the number of cars in the area, a concern also expressed in the
recent downzoning of this neighborhood. She noted that this action
gave them some legislative guidance.
Randall empathized with the applicant, but stated that the hardship
was self-imposed. Randall concurred with VanderVelde's assessment
of the parking problem on Iowa Avenue.
MICROFILMED BY
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CEDAR RAPIDS -DES MOIRES
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Board of Adjustment
June 22, 1983
Page 4
Slager agreed with the comments made by the other Board members,
stating that granting the variance would be contrary to the spirit
and intent of the ordinance. Slager commented that the recent
downzoning of the area supported her intention not to vote in favor
of the variance.
Wicks stated that the variance would have no effect on the neighbor-
hood as the apartment has been rented for many years. Slager pointed
out the potential for future car owners as tenants, as well as the
possibility for increased density. Randall stated that the Board
could not increase the non -conformity of the structure. Knight
stated that the City's files contained a record of citations to
prevent the rental of the basement apartment issued over
approximately a five year period.
The motion failed 0-3; the variance was denied.
V-8327. Public hearing on a request submitted by Richard E. Keith
for a variance to the yard requirements of the Zoning Ordinance to
permit construction of a garage for property located at 430 North Van
Buren Street.
Knight reviewed the staff report. The staff recommended denial of
the variance.
Colleen Keith, 430 North Van Buren Street, spoke in favor of the
variance, citing severe parking problems in the neighborhood as the
basis for the request. Knight indicated that a smaller garage could
possibly be built which complied with code requirements if the two
accessory metal sheds were removed.
Keith stated that she had contacted persons within 200 feet of her
property and had not received negative comments regarding the
request.
No one spoke in opposition of the variance.
Moved by Randall to grant the variance to Section 8.10.268 to permit
construction of an unattached garage in the rear yard area. Seconded
by Slager.
Randall stated concern about the lack of rear yard which this would
create. VanderVelde commented that it was difficult to find hardship
in the fact that one was not allowed to build a double car garage.
Knight reiterated that a smaller garage could be built.
Siders indicated that a 1424 foot garage would be permitted without
granting a variance and one of the metal sheds could remain as long
as it did not exceed 100 square feet.
The motion failed 0-3; the variance was denied. Knight advised the
applicant to apply for a building permit for the smaller garage.
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Board of Adjustment
June 22, 1983
Page 5
V-8328. Public hearing on a request submitted by the Iowa City
Planning and Zoning Commission appealing the decision of the Zoning
Code Interpretation Panel regarding the applicability of the defini-
tion of institution to group homes.
VanderVelde .stated that she resided next door to a group home.
VanderVelde stated that she was prepared to recuse herself if
necessary due to a potential conflict of interest. Slager suggested
that the item be heard before a full Board.
Angela Ryan, attorney for Hillcrest Family Services, one of those
affected by the request, stated that it was her opinion that
VanderVelde did not have a conflict of interest. VanderVelde asked
that she be given time to consider the potential for a conflict,
particularly since only three members of the Board were present.
Ryan outlined the timetable Hillcrest was facing, and urged that the
Board not delay the hearing for too long.
Don Osborne, Executive Director, Hillcrest Family
mentioned that the purchase oServices,
option on a suitable property will expire
August 1.
t
Randall questioned the status of the proposed group home amendment.
Franklin stated that discussion of the proposed amendment had been
deferred by the Planning and Zoning Commission to July 7 to await
action by the Board.
I
The meeting recessed at 6:03 and reconvened at 6:10 to allow staff to
try and contact absent members to discuss a possible meeting time.
Moved by Slager to defer item V-8328 until Monday, June 27, for an
afternoon meeting. Seconded
unanimously. by Randall. The motion carried
The meeting adjourned at 6:10 p.m.
Taken by: ';XL_
Sara Behrman, Minute Taker. -
Submitted by:
0 ugias Boothroy, Secretary
Approved by:
Lea VanderVelde, Acting Chairperson
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BOARD OF ADJUSTMENT
JUNE 27, 1983 -- 3:00 PM
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT
FINAL ACTION TAKEN:
Randall, Fisher, VanderVelde, Slager
Barker
Franklin, Siders, Boyle, Behrman
1. V-8328. The request submitted by the Iowa City Planning and Zoning
Commission appealing the decision of the Zoning Code Interpretation Panel
regarding the applicability of the definition of institution to group homes
was not sustained.
SUMMARY OF DISCUSSION:
VanderVelde called the meeting to order at 3:11 P.M. Franklin called the roll.
VARIANCE APPEAL:
V-8328. Public hearing on a request submitted by the Iowa City Planning and
Zoning*Commission appealing the decision of the Zoning Code Interpretaiton Panel
regarding the applicability of the definition of institution to group homes.
Franklin reviewed the staff report. VanderVelde questioned other sections of
the code where the term "institution" is used. Franklin reviewed the various
sections of the code in which this term is used. VanderVelde questioned the
consequences of defining a group home as an institution. Franklin explained
that group homes would then be a permitted use in R3 zones and those zones more
dense. Slager questioned how group homes were defined before this ruling.
Franklin explained that that has depended on the size of the group home; family
care facilities permit six or fewer individuals. Siders explained that there
had been very few people with similar types of projects; no one has ever applied
to the city to set up a building designed for this purpose. Slager questioned if
there was a definition of custodial care and Siders replied negatively.
VanderVelde referred to the definition of the rooming house. Franklin explained
the restrictions on density and parking for rooming houses. Slager asked if the
proposed zoning ordinance would again change the definition of group homes.
Franklin explained that there will be a definition of group care facilities in
the new zoning ordinance. Franklin explained that pre-existing uses would be
grandfathered in as a non -conforming use if they were not allowed by right in
the proposed zoning ordinance.
The following persons spoke in favor of the appeal:
Tom Scott, 419 E. Fairchild Street, vice -chairperson of the Iowa City Planning
and Zoning Commission, exp ained that objections to the definition stemmed from
the Zoning Code Interpretation Panel's decision that group homes were more
appropriately classified as institutions rather than rooming houses. Scott
agreed that when a new zoning ordinance is passed, group homes will be
specifically dealt with but that they are not mentioned in the current 14 9#
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JUNE 27, 1983
PAGE 2
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ordinance. Scott stated that the Commission would prefer that group homes be
subject to the more stringent requirements of rooming houses. Scott stated that
the objection to the Panel's decision is that the interpretation is too broad
and inclusive. He pointed out that the discussion of the Commission had
centered on the special exception process to allow public hearing and input by
the neighbors. Scott stated that he had not anticipated when recommending
creation of the Panel that the Zoning Code Interpretation Panel would make other
than administrative decisions. He contended that their interpretation changed a
use allowed in the zone.
The members discussed the ability of the Zoning Code Interpretation Panel to
legislate as opposed to administer. Slager questioned if the new zoning
ordinance would provide the safeguards for group homes desired by the Planning
and Zoning Commission. Scott replied affirmatively.
Slager stated that group homes do not fit the criteria of rooming houses, but
agreed that there should be a public input process.
Scott questioned if the Zoning Code Interpretation Panel had been directed to
define group homes as either a rooming house or an institution. Siders stated
that the Zoning Code Interpretation Panel had not been forced to choose either
{ one term or another. VanderVelde asked how the Planning and Zoning Commission
viewed nursing homes. The members discussed in which zones nursing homes would
be allowed. Franklin explained that group care facilities needed to be in
residential areas to fulfill their function; this differed from the function of
nursing homes. Siders stated that nursing homes would be allowed in an R3 zone
but not an R1 or R2.
The following persons spoke in opposition to the appeal:
Angela Ryan, 122 S. Linn Street, representing Hillcrest Family Services, spoke
on behalf of the Zoning Code Interpretation Panel's decision. Ryan reviewed a
memo brief dated May 23, 1983. Ryan suggested that Scott's arguments would be
better addressed to the City Council regarding the legislative powers of the
Zoning Code Interpretation Panel. Ryan submitted the following documents to
support the position that the Hillcrest group home is an institution as defined
by Section 8.10.3(43) of the City Code: 1) certified copy of -articles of
incorporation; 2) bylaws; 3) IRS letter establishing 503C3 (non-profit
corporation); 4) cited sections of the Code of Iowa (217.1, 135C6 - to the
matter of providing a public purpose); 5) a certificate of license from the
Department of Health; 6) Section 135C1,the definition of a residential care
facility; 7) a budget; 8) the forms used as a guide for referrals and intake of
new residents; 9) a booklet of rules to establish that this is a structured
setting and a treatment facility; and 10) the annual report. Ryan addressed the
question of statutory construction, stating that Hillcrest meets the two
criteria set out for an insitution in the Code and should be allowed in the zone
as a right. VanderVelde questioned the use of the term "public use" vs. a
"public purpose", stating that public use differs in definition from public
purpose. VanderVelde questioned how Ryan could argue that Hillcrest was an
institution for public use. Ryan explained that the legislature had made the
Department of Social Services responsible for providing care by either providing
the service themselves or contracting with a licensed nonprofit corporation.
Hillcrest Family Services serves a public use because it provides a public
purpose. Siders stated that, an "institution" could either include two
elements: be a nonprofit corporation or serve a public use.
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JUNE 27, 1983
PAGE 3
Franklin asked if Hillcrest could discriminate in accepting people if the person
complied with all the requirements set out by Hillcrest. Don Osborne, executive
director of Hillcrest Family Services, stated that Hillcrest could preclude from
admission any person found to have a predisposition to violence or drug use
(clandestine). Randall asked if there were any restrictions regarding age, sex
or race. Osborne explained that there was an age restriction: the residents
must be older than 18 years of age. There were no other restrictions for the new
facility as it would be cohabitational.
Barbara Elliott, 1127 Dill, stated that she was a trustee for Hillcrest Family
Services and testified as to the reputation of Hillcrest.
James Harris stated that he lived near the proposed facility and agreed with
Ryan's discussion. Harris stated that group homes were entitled to the
privilege of residing in residential areas.
Siders spoke as one who had participated in the discussion of the Zoning Code
Intepretation Panel, stating that group homes in general had been considered and
had been viewed to be the same type of use as a hospital or rehabilitative center
rather than a rooming house. Siders commented that in the past, the only
interpretation of an institution was the University of Iowa's credit union.
Moved by Randall and seconded by Slager to affirm the Zoning Code Interpretation
Panel's decision.
VanderVelde stated that she was troubled by the use of the term "public use"
stating that term is limited to land use available to the public. VanderVelde
stated that she resided next door to Project HOPE and while she had a high regard
for the way that group home was run, the facility did not have enough land and
the residents tended to intrude on the privacy of the neighbors by congregating
on the porches and driveways. VanderVelde suggested that group homes be
required to have density and space requirements similar to rooming houses.
Slager disagreed, stating that within the definition of a rooming house there
was the implication of rent being paid. VanderVelde stated that to "let" does
not necessarily mean for money.
Randall suggested that other permitted uses in R3, such as fraternities and
sororities, are at least as noisy and as crowded as any group care facility
could be. Slager stated that although she would like to see public input on lot
requirements for group homes, that would constitute legislative action and was
not within the jurisdiction of the Board. Slager stated that group homes fit
the definition of an institution more than that of a rooming house. VanderVelde
disagreed with Slager's comment regarding legislative action stating that
another nonlegislative body (ZCIP) had made a judgment. Siders disagreed,
stating that the Zoning Code Interpretation Panel had merely interpreted what
the Zoning Ordinance said. Slager stated that within the definitions available
to the Board of Adjustment, group homes fit the present definition of an
institution. The members reviewed other similar definitions such as nursing
homes and family care facilities. Slager stated that the institution definition
was better than the family care facility definition for group homes because they
were nonprofit and established for a public use. Fisher agreed that the
definition of the institution fit the group home better than the definition of
rooming house.
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JUNE 27, 1983
PAGE 4
The motion carried unanimously; the appeal was denied and the decision of the
Zoning Code Interpretation Panel was affirmed.
The meeting adjourned at 4:29 P.M.
Taken by:
Sara Behrman, Minute Taker
Submitted by:
Do glas Boothro`y`, Secretary/
Approved by: Lo. �.
Lea VanderVelde, Vice -Chairperson
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MINUTES
SENIOR CENTER COMMISSION
JULY 21, 1983 1:30 P.M.
SENIOR CENTER CONFERENCE ROOM
MEMBERS PRESENT: B. Coen, M. Clover, G. Scott, A. Arneson
MEMBERS ABSENT: M. Kattchee, J. Williams, C. Browne
GUESTS: R. Wagner, A. Shannon, Council of Elders; Drew
Shaffer, Cable TV Specialist
STAFF: B. Meisel, L. Benz, P. Ducey, B. BechtoIdt
RECOMMENDATIONS TO THE CITY COUNCIL:
M. Clover recommended that the coordinator investigate the cost of a
Public address system for the Senior Center and report her findings to the
City Council so that appropriate funding can be acquired.
INTRODUCTION:
B. Coen introduced Pat Ducey, who will replace L. Benz as Program
Specialist for one year. M. Ducey helped the City of Madison, Wisconsin,
open their first city-wide Senior Center.
MINUTES:
I
B. Meisel reported the May 19 Minutes should be corrected to read "the
Lila Board discourages the use of the City library for the City
meetings.'r(Underline indicates new language.) M. Clover moved to amend
the May 19, 1983, minutes in which the words "the City Council" be
corrected to read "the Library Board." G. Scott seconded the motion;
motion declared carried (4 yes, 3 absent).
Minutes of the June Commission meeting will stand approved as mailed.
PUBLIC DISCUSSION:
i B. Meisel introduced Drew Shaffer, cable TV specialist, who, with Karen
Kalergis of Hawkeye Cable TV, has suggested developing two-way communica-
tions between the City Library and the Senior Center. A wire is proposed
to be placed between the Center and the Library with a touch tone
apparatus and a TV terminal in the Center. Cable staff would conduct
training sessions and provide written instructions to operate this
apparatus. Several possible programs were mentioned as possibilities
such as information from the Home Sweet Home Series and housing
information. Mr. Shaffer, who has taught TV workshops for older people,
has found that people learn to use the equipment easily and come to enjoy
it. The equipment will be oriented to the users. One program of broad
interest will be used at first. All costs would be paid for through cable
TV budget and Hawkeye Cable TV. The cable TV staff will do a survey to
determine the kind of information older people would like to have put on
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Senior Center '.,mission
July 21, 1983 '
Page 2
the program, explain the Library -Senior Center N connection and announce
workshop schedules for learning how to 0
M. Clover moved to a Perate the system.
the Senior Center andthe Cit he two-way communication experiment between
A. Arneson seconded the motion Library for a trial
motion declared carriedod of three months.
Application from AARP forct a (4 Yes, 3 absent).
Operational Handbook limits Permission
the Centerto stamps, the the Eldercraft
Shop, and a snack bar. G. The
the terms of the OperationaloHandbook.moved to deny the application based upon'
4 A. Arneson seconded the motion;
motion declared carried
i ( yes, 3 absent).
the Ecumenical Towers application to use exercise bicycles in the Game Room on
The Operationalfloor
HandbookSenior
l m is use of thea Senior Center in the even'
ongoing basis every evening.
groups requesting a room for a specific date and time. M. Clover moved to
deny the application and refer all �n9 to
decision to B. Meisel's memo of July
that may be raised b
motion declared carried (4 Y 15. G. Scott seconded the motion;
minutes.) Yes, 3 absent). (Memo is attached to
these
Council of Elders. Ruth Wagner introduced Anna Shannon, this month's
representative from the COE. The new Section 21, regardin
participants in the Operational Handbook, was explained to the COE members
at their recent meeting.9 non -elderly
Club in Kalona. The Otimists wereemoresinterestmet ed7in�learningpwayssto
establish their own Senior Center in part ,
bett
than in hearing about the low of a school building in Kalona
a of County CenterFor future
outreach meetings, better communications will be establisheto encourage
the meeting to be mutually profitable, d.
New COE members have been appointed to one of three standing committees
(outreach, volunteer, publicity). COE is cooperating with the AARP in
establishing a Widowed Persons Group where all recently bereaved
are contacted, not just elderly persons. L. Benz had presented to Per ons
the CoE
members the background of the volunteer groups of the Center and had made
a Plea for more definitive and more secure volunteer services.
considering what they might do to establish a
volunteers. CoE is
Process to recruit
COORDINATOR'S REPORT:
B• Meisel reported that the Center is indebted to Bill and Bert Crawford
for the 60 hours of volunteer work they put in each month to total the
duplicated and unduplicated counts of attendance at the Center - 781
unduplicated; 4882 duplicated in June. Although the Congregate Meal
Program has never turned in an unduplicated count of individuals eating at
the site, they have, in the past, gathered the Senior Center numbers of
those participating. The director of the Nutrition Advisory Board has
ordered the staff to move the sign-up sheet from the traditional location
to another table. Sign-ups have dropped dramatically. G. Scott asked
that Bill Coen, at the next Nutrition Advisory Committee meeting, convey
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Senior Center ' .mission
July 21, 1983
Page 3
the concern of the Commission that this move interferes with the gathering
of complete information and request the sign-up sheet be returned to the
hostess desk.
Congregate Meals Letter of agreement: Two changes are proposed by the
Executive Committee of the Commission and the Senior Center staff. If an
article is submitted, the staff will include it in the Post. The
definition of participant is eliminated as participants in the Congregate
Meals program are defined by Congregate Meals standards, not Senior Center
standards. The agreement, with its changes, will be submitted to the
Nutrition Advisory Board.
SEATS contract: A draft of changes in the present contract as suggested
at the June Commission meeting relevant to the SEATS proposed occupancy of
an office on the second floor, has been sent to the Johnson County Board
of Supervisors for review. It will be submitted to the City Council as
soon as it is returned.
Negotiations are proceeding to secure a bid to place phone wires up to the
second floor.
There is a new impetus for a Public Address system to be placed in the
Center. When the tornado alarm sounded last month, the fire alarm had to
be sounded to notify people on all four floors that an emergency situation
existed. The fire siren means people should get out of the building
whereas in tornados people should move to the inner walls within the
building. After this experience with the tornado warning and the confused
signal given by the only warning the Center had available which was the
fire warning, it is obvious that a Public Address system would be more
than just a convenience but rather could greatly aid in emergencies as
specific instructions could be broadcast. M. Clover recommended that the
Corodinator investigate the cost of a public address system for the Senior
Center and report her findings to the City Council so that appropriate
funding can be acquired.
Regarding the Senior Standards Review: G. Scott moved to order sufficient
copies of the Senior Center Standard Workbook for the Standards Committee;
M. Clover seconded the motion; motion declared carried (4 yes, 3 absent).
B. Meisel distributed the draft copies of the Senior Center accomplish-
ments in FY83. The report will be submitted as corrected.
Plans for FY84 are the same as plans for FY83 with two exceptions:
development of a snack bar is eliminated as unrealistic at this point; and
participation in an indepth evaluation of the Senior Center has been
added.
OPEN DISCUSSION:
The Commission will consider discussing a possible "Speak Out" at the
August Commission meeting.
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Senior Centermission
July 21, 1983
Page 4
Meeting adjourned at 3:50 p.m.
B. Coen, Chairperson
Minutes prepared by B. Bechtoldt.
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COMMITTEE ON COMMUNITY NEEDS
AUGUST 16, 1983 3:30 P.M.
IOWA CITY PUBLIC LIBRARY, ROOM A
MEMBERS PRESENT: Krause, Williams, Laurie, Becker, Leshtz, Whitlow
MEMBERS ABSENT: Jackson, Stimmel, Whitlow, Hirt
STAFF PRESENT: Hencin, Barnes, Suttles (intern), Behrman
COUNCILPERSONS PRESENT: None
GUESTS PRESENT: Jim Rhodes, Fair Rent Coalition; Gina McGee
i
RECOMMENDATIONS TO CITY COUNCIL:
1. CCN recommends that the City Council approve the neighborhood
exterior painting program as presented.
REQUESTS TO CITY MANAGER FOR STAFF ASSISTANCE:
1. CCN members request that the City Manager expedite the Creekside
Storm Drainage project to meet its October completion date.
SUMMARY OF DISCUSSION:
Lauria called the meeting to order at 3:35 p.m.
Review and Approval of Minutes for June 21 1983
Moved by Becker and seconded by Leshtz, to approve the minutes of June 21,
1983, as circulated. The motion carried unanimously.
Public Discussion/Members Discussion
Jim Rhodes, representing the Fair Rent Coalition, presented the proposal
by the Iowa City Fair Rent Coalition to have the City Council pass the
"Fair Rent Ordinance." He distributed materials outlining this proposal.
Rhodes argued for the need of such an ordinance, stating that the low
vacancy rates in Iowa City resulted in higher rent. He stated that the
ordinance, if passed, would help stabilize the community as people would
not be forced to move from one apartment to another due to high rent
increases. Rhodes stated that the ordinance would also assist those on
fixed incomes. He asked that CCN consider the ordinance and make a
recommendation to the.City Council at its next meeting. Lauria replied
that members would review the information distributed on their own.
Hencin suggested that the September 20th meeting of CCN be combined with
the community -wide meeting to obtain input on the 1984 funding
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AUGUST 16, 1983
PAGE 2
application. He stated that all proposals would be due by October 18, with
October 28 being the date CCN must make its final recommendations to City
Council. The members present concurred with this schedule.
Election of new Vice -Chairperson
This item was deferred until the next meeting for want of greater
attendance.
- Resnonse to Mavor Neuhauser's S
CCN members reviewed the discussion with Mayor Neuhauser. Lauria
questioned whether CCN had the time or the energy to assess human needs in
addition to its regular duties. This item was deferred for further
discussion until the completion of the 1984 CDBG funding cycle. It was
suggested that CCN members consider volunteering as a liaison from CCN to
the United Way and the Johnson County Council of Governments. Leshtz
suggested that this responsibility be shared among several CCN members.
Report from Housing Commission
Krause stated that a definitive report on the use of funds for housing
would be presented at the September meeting. Lauria requested a list of
priorities of housing related activities from the Housing Commission
prior to the September meeting, to assist CCN members in determining
allocations of CDBG funds. Krause stated that emergency housing and
congregate housing were still top priorities of the Housing Commission.
Report on Miller/Orchard Neighborhood Improvement Area Designation
Suttles referred to the memo dated August 9 and the report entitled
Miller/Orchard Neighborhood Improvement Plan. She reported that the
annining Commission had
g onreviewedthe plan and had found it in
compliance with the Comprehensive Plan. Suttles stated that the majority
of housing in this area would require exterior work. She stated that this
area will be considered by the City Council for designation as a
Neighborhood Strategy Area in a public hearing on August 30.
Review of Neighborhood Exterior Painting Program
Barnes reviewed the program manual for the neighborhood exterior painting
program. Among the criteria mentioned, were income guidelines; all
residents of Iowa City would be eligible to participate in this program if
they met these guidelines. Barnes explained that funds from the Jobs Bill
did not have the stringent requirements applicable to other CDBG funds.
She stated that this item would appear on the City Council's agenda at
tonight's meeting. Lauria questioned whether coordination with the
Historic Preservation Commission had been explored. Barnes explained
that she would meet with the Historic Preservation Commission this month.
The members discussed whether it would be necessary to draft "needy
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AUGUST 16, 1983
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guidelines" as had been done for other CDBG programs.• It was determined
that the program could operate as currently established.
Moved by Krause and seconded by Williams to recommend that the City
Council approve this program as presented. The motion carried
unanimously.
Williams questioned how the program would contract for employment on the
various painting projects. He suggested that the program contract with
Manpower. Barnes explained how employment for the program would be
handled.
Report on Rental Rehabilitation
Hencin referred to the report prepared by Pat Keller, stating that it had
been prepared in response to a prior request by CCN. Hencin suggested
that CCN designate a subcommittee to review this and other information on
rental rehabilitation and report back to CCN. Lauria expressed interest
i in serving on such a subcommittee and asked that other CCN members
consider the same. He questioned whether a mechanism other than just
interest reduction had been considered in such a program. Hencin replied
affirmatively. Krause suggested that this item be placed on the Housing
Commission's agenda as well.
• Quarterly Reports
A. Congregate Housing: Krause reported that a study had been done
compiling feedback from a sampling of the elderly. He stated that a
private congregate housing project of 16 units was being developed.
He stated that the Housing Commission would like to see a combination
of private developers and public money in any congregate housing
projects. Krause stated that the Central Jr. High School site would
have been ideal due to its proximity to the hospital.
B. Hillcrest Iowa City Residence: Leshtz reported that the purchase of
the residence was almost completed, and it has met all zoning and
parking requirements. He stated that Hillcrest Family Services will
be closing on the property, located at 214 E. Church Street, on
August 26. Leshtz stated that seven new residents will move in the
first week of September with the remaining seven residents moving in
during October. He stated that the facility had a conditional
license from the Health Department due to some minor problems.
C. Systems Unlimited Group Homes for Children: Becker reported that
Systems Unlimited was ready to build their homes, and their loan had
been approved. She reported that approval had been granted from the
State to include the interest on the loan in their per diem rate. A
90 day completion date was projected.
D. CIP Projects - Rocky Shore Drive Bikeway: Whitlow had arranged to
have a set of plans and specifications available for CCN review.
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AUGUST 16, 1983
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Hencin reported that the cost estimate for this project was $57,000.
The City Council will set a public hearing for August 30; the bids
are due September 20; the project will be under construction October
1 with a November 4 completion date.
E. North Branch Dam: Hencin reported that this project was completed at
the end of. June.
F. North Side Sidewalks and Creekside Storm Drainage: With regard to
the North Side sidewalks, Becker reported that an environmental
review had been completed and the sidewalks had been inspected. A
public hearing will be scheduled on August 30 with the construction
to be completed late September/October.
Regarding Creekside storm drainage, Becker stated that HUD had
released its funds on June 17. The project was currently in the
design stage for the lift station with a completion date targeted for
October. Hencin reported that the project was moving slowly because
of the lift station design and that there would be at least one month
delay.
Following a brief discussion about the project's delays, it was moved
by Becker and seconded by Krause to request the City Manager to
expedite the Creekside Storm Drainage project to meet its October
i
completion date. The motion carried unanimously.
Williams questioned whether or not there had been a resolution of the
Kirkwood Circle problems. Hencin stated he would look into the matter.
The members discussed whether or not a CCN liaison should be appointed to
the Miller/Orchard neighborhood improvement area. Williams suggested
that Mrs. James May, Orchard Street, may be interested in applying for a
CCN vacancy. Hencin agreed to contact Mrs. May.
Krause reported on the eligibility guidelines for low-income housing
rehabilitation, explaining why younger persons had not applied for this
program.
Lauria thanked McGee for her service on the Committee and presented her
with a certificate of appreciation.
The meeting adjourned at 4:47 p.m.
Taken by:�
Sara Behrman, Minute- aker
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CEDAR RAPIDS•DES'MOIIIES
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MINUTES
HUMAN RIGHTS COMMISSION
JULY 25, 1983 7:30 P.M.
CIVIC CENTER LAW LIBRARY
MEMBERS PRESENT:. Gill, Watson, Scupham, Futrell, Felton, Turner
MEMBERS ABSENT: Jordison, Johnson, Barcelo
STAFF PRESENT: Williams, Klein
RECOMMENDATIONS 10 CITY COUNCIL:
None.
RECOMMENDATIONS TO CITY MANAGER OR STAFF:
i
The Human Rights Commissioners would like the City Attorney or his staff to
review their proposed ordinance revisions concerning judicial review as soon as
possible.
SUMMARY OF RELEVANT DISCUSSION:
1. The meeting was called to order by Vice -Chairperson Futrell at 7:30 p.m.
2. Commissioners asked staff why the meeting was not being held in the Senior
Center and staff explained all the details regarding our use of the Senior
Center as a meeting place had not been worked out as yet.
3. Moved by Turner, seconded by Gill, to approve the minutes of June 27, 1983,
as circulated. The motion carried unanimously.
4. Complaints Pending:
A. E/S, 5-13-8002 and 5-19-8003. A letter was mailed to the Respondent's
attorney which described the reasons for the probable cause
determination.
B. E/R, 8-28-8103. The Conciliation Team had nothing to report.
C. E/C, 9-24-8301. The Conciliation Team met and agreed on a no probable
cause determination. Letters will be sent advising the parties of
this determination.
5. Cases in Legal:
A. There is one case in Legal.
6. Cases Opened:
Y.
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HUMAN RIGHTS COMMISSION
JULY 25, 1983
PAGE 2
A• Two cases have been opened.
7• Cases to Assign:
A• One case was assigned - EIS,
11-29-8203.
8. Cases Closed:
A. One case had been closed - E/R, 12-1-8204.
9. Community Education:
Felton (Chair), Turner,
Klein distributed the housing flyer she had designed. The content was
reviewed and changes were suggested.
This w sin idiscussed nd changessuggested. 'were suet application she had designed.
ggested.
ein
uted the new
written andrdistriib ted to areae radio stat onsaublic service nnouncements which she had
Felton moved and Scupham seconded that all Commission brochures and flyers
that were distributed to the community have in bold lettering: IOWA CITY
HUMAN RIGHTS COMMISSION, which would be on a line by itself.
The motion carried unanimously.
Klein asked Commissioners to give her heir logo ideas by August 8
Felton suggested a picture of the Civic Center. 1983.
t
10. Old Business:
Scupham reported the City Council had referred our request for a review of
the proposed revisions of our ordinance's judicial review section to the
City Attorney for his review and input. Because our ordinance as it is
might not stand up in a court of law and could be ruled invalid,
Commissioners wanted to make sure the necessary revisions were made in the
very near future. Gill moved that Legal review all of the proposals as
soon as possible, Turner secondedThe motion carried unanimously. Staff
was asked to find out when the City Council anticipated working with the
other proposed ordinance revisions.
Watson and Scupham discussed the content of the workshop they were doing
for the second annual Human Rights Conference. It did not appear as if
Johnson would be able to participate as planned. Watson asked the
Commissioners for their comments regarding what had been done correctly as
well as what had been done incorrrectly regarding the public hearing they
had held in December.
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JULY 25, 1983
PAGE 3
Correctly:
-Having a public hearing prior to giving the proposals to the City Council
for their action.
-The whole ordinance was reviewed not just the parts the Commissioners had a
hunch they would want to change.
i
Incorrectly:
-Applause was allowed during the public hearing.
-The hearing was scheduled during a time that was inconvenient for students.
Be Aware Of:
-The process takes a long time and this should be taken into consideration
when planning the revision process.
11. Staff Report:
The staff report was discussed.
12. The next Commission meeting:
August 22, 1983.
13. The meeting adjourned at 8:55 p.m,
Submitted by Phyllis A. Williams, Commission Secretary.
Reviewed by: 1i r� �� /�
onmission Vice Chairperson
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MINUTES
CITY/COUNTY URBAN FRINGE COMMITTEE
WEDNESDAY, JULY 6, 1983 - 8:30 AM
IOWA CITY PUBLIC LIBRARY, ROOM C
MEMBERS PRESENT:
STAFF PRESENT:
Ockenfels, Donnelly, Erdahl, McDonald
Schmeiser, Jansen, Te Paske, Franklin
The meeting was called to
seconded a motion to approve
motion carried unanimously.
order at 8:30 AM. Donnelly moved and Ockenfels
the minutes of June 22, 1983, as submitted; the
AIRPORT OVERLAY ZONE:
Schmeiser presented the latest map showing the revised slopes and the limits of
the various zones. The use restrictions in the clear zone and the height limits
in the other zones were explained.
Erdahl stated that the Committee had been concerned with the possibility of
industrial uses and other
ersonnel zones. Franklin and TePaske presentedtheuse einventory whichuses in theahad sb ebeween the
n done for
I the clear, transitional, and approach overlay zones. It was pointed out that
.the only uses which conflicted with the provisions of the clear overlay zone
were the Terrace Park Mobile Home Park and a residential use next to it and that
the only other uses which might potentially be a problem were the bowling alley
on 218 South and the Johnson County Fairgrounds. It was made clear that the
bowling alley and the fairgrounds were not in the clear overlay zone. The
question was raised of the possibility of a change in the slope for the height
limitation of the approach zone. Schmeiser pointed out that the 1:20 slope was
a minimum and that the 1:34 slope was the optimum for landing. He stated that
the FAA might be willing to decrease the slope down to 1:25.
Ockenfels questioned whether the City would again be penalized at some future
date if the slope did not meet the 1:34 designation. Erdahl concurred with this
concern. Schmeiser stated that the FAA expected the City to do everthing
Possible to regulate at the 1:34 slope but the question was, what was
practically possible. He pointed out that two options open to the City and the
County were to purchase property and easements, or to enforce the regulations to
restrict the permitted use of a piece of property. Donnelly questioned whether
the City or the County had the power to condemn property for these purposes;
Schmeiser responded affirmatively. Erdahl suggested that a recommendation be
made for a particular slope and sent to the FAA.to get their response.
Commission woul
recommendation ptoded the City C uncil.that therpo rt Erdbe makinbe such a
sure to
inform the Board of Supervisors ahl encouraged the of what this recommendation finally was.
Erdahl then gave a synopsis of what the concerns of the committee had been
regarding this issue to date:
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City/County Urban Fringe Committee
July 6, 1983
Page 2
A. The necessity of a separate city/county airport commission,
B. That the use limits be known and that no uses which would conflict with the
airport be allowed to develop in those areas between the overlay zones, and
C. That the uses which were allowed in all of the other zones besides the
clear zone, and in the areas between the zones, be not only acceptable to
FAA but also be acceptable in terms of public safety.
Schmeiser stated that the Airport Commission and Fred Zehr, the manager of the
airport, had not expressed a concern for uses in the area between the clear
zones. Schmeiser stated that there may be enough tolerance in the definition of
the clear zone to allow for any hazards. TePaske suggested that it might be
appropriate to look at height restrictions in the areas between the zones to
avoid corridors of buildings which extend above the height restrictions within
the overlay zones. Erdahl felt that this was a reasonable compromise and that
height restrictions in those areas between the overlay zones should be
evaluated. Donnelly suggested that warehousing would be an appropriate use in
these areas; the rest of the committee agreed.
CITY/COUNTY AIRPORT COMMISSION:
Jansen stated that after conversations with the County Attorney, it had been
concluded that the most appropriate course to take was to follow the state
statute strictly and to not use a 28E agreement to address the airport issues.
He suggested that the City and the County form a joint City/County Airpot Zoning
Commission and a joint Board of Adjustment.
It was pointed out that the City Airport Overlay Zone Ordinance which was
currently under consideration would be applicable only to the City at this
point. Erdahl questioned whether the joint Commission would deal with all
aspects of the airport overlay area rather than just those instances which arose
in the county, Jansen responded that the commission would deal with all airport
zoning whether it be in the city or in the county.
Ockenfels expressed a concern that a Board of Adjustment could potentially
undercut the intent of an overlay ordinance and work against the Zoning
Commission. Jansen reassured her that the ordinance establishing the Board and
their powers could be drafted in such a manner as to make it difficult to get a
variance. He pointed out that in the ordinance currently under review by the
City any variance approved by the Board would need to be approved also by FAA and
state and local agencies. TePaske pointed out that if the Zoning adopted was
reasonable and practical, then variances would not be encouraged.
Erdahl outlined the timing on the adoption of a comprehensive ordinance and the
establishment of a joint commission. He pointed out that the City would be
passing an airport overlay zone ordinance soon and that the next step would be
to establish the joint commission to develop the City/County ordinance.
Donnelly questioned how many people would be on the Commission. Jansen pointed
out that in the Johnson County/Cedar Rapids agreement for the the Cedar Rapids
Airport, there were two respresentatives from each jurisdiction. He suggested
that on the Iowa City/Johnson County Zoning Commission there be two
representatives from the City, two from the County, and a fifth member to be
appointed by the other four.
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City/County Urban
July 6, 1983
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Fringe Committee
Donnelly asked what the differences would be between the Johnson County/Iowa
City ordinance and the Johnson County/Cedar Rapids ordinance. Jansen responded
that there had been some statute changes since the Johnson County/Cedar Rapids
ordinance had been developed. He went on to state that as soon as the Council
expressed their willingness to support a joint airport zoning commission that he
and the County Attorney would draft a joint ordinance.
AREAS 7 and 8:
Erdahl explained that in terms of a policy regarding Area 8 the Committee
members from the City agreed with the Committee consensus but that the City
Council had reservations regarding commercial development in the County., He
stated that he felt at this time it was the responsibility of the City
representatives to convince the Council that planned commercial development
with standards in the County was a practicable solution especially when taken in
the context of the entire fringe area agreement. McDonald stated that the
discussion of Areas 7 and 8 with the Council were brief and that he felt the rest
of the Council could be convinced to agree with the Committee consensus.
Schmeiser stated that it was his impression that some Council members had
reservations only about certain uses in commercial development in the county.
Erdahl ased Te Paske concluons the
ittee
regardingkcommercialedevelopment synopsize n this areas Te P ske stated dreached
to ed thatwhathad
been proposed previously was that any commercial development to the west and
southwest of the Freeway 218/Highway 1 interchange be established only with
commercial site regulations and possibly with a planned commercial development
district within which preferred commercial uses could be designated. He stated
that cial
standardshany reoning w would be imposedtsuch lasnstanda dsed rrelating toolilent, specific aghting, signage on-
site sewerage, and paving.
Dckenfels questioned whether the committee should be much more specific in terms
of the uses it wished to see at this location. TePaske stated that this was the
purpose of'a planned commercial district and that in rezoning any of this area
for t the Zoning commission and Board of
Supervisorsdshou d be very conscicommercial ous usof how the development affected neighboring
properties and that the review of a site plan coincidentially with the zoning
would be a possibility.
Erdahl stated that the Council needed to eshown at certain uses such as
convenience stores were not being planned for this areah
Te Paske suggested a boundary change for areas 7 and 8 such that those areas in
which industrial or commercial development was proposed would be included in
Area 8 and Area 7 would encompass the remaining area in the two mile limit. He
suggested extending Area 7 north along the east side of Dane Road and deleting
that rea from Ara 8. He out
at
d be retained to the
Southa
aand west ofe
ethe airportiand dthat ahpolicy zregaroning l
dinghe RS zoned property
would need to be reached.
Schmeiser pointed out that the aiport master plan showed commercial uses along
Highway 1. Erdahl suggested that the Airport Commission and the City/County
pFringe Committee lan, the airport gettogether
plan and the fringe a 8 and insure tcomprehensive
plan,
proposals wereconsistent
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City/County Urban Fringe Committee
July 6, 1983
Page 4
Discussion turned to the means of controlling development in areas of county
zoned RS. Te Paske pointed out that there were two alternatives open: 1)
downzoning and 2) the imposition of full city standards.
Erdahl questioned whether it was really necessary to discourage development in
Area 7. Te Paske responded that there were two reasons to control the amount of
residential development which took place here: 1) much of the area was
comprised of good farmland and 2) this area was very close to the 'City and
demands might be made upon the City to provide city services. Erdahl responded
that he was not sure that he wanted to either discourage or encourage
development. He stated that he felt good agricultural land should be zoned Al
I that development should occur along Highway 1 where the agricultural land was
not as good, that standards which were sufficiently stringent be imposed upon
any development so that residents would not demand annexation and city services,
and that those areas which were farther out and which could be expected to
I remain in agricultural use for some time to come be downzoned to Al. Te Paske
stated that in those areas where the City was not anticipating annexation, the
county standards as revised should be imposed.
AREAS 5 AND 6;
It was decided based on much of the discussion that took place concerning Areas
7 and 8 that full city standards should be imposed up to one mile from the
eastern corporate limits of the City and that beyond one mile agricultural
Zoning was appropriate. Erdahl stated that limits should be set on development
in areas 5 and 6 based on the quality of the agricultural land there.
It was agreed that policy statements regarding Areas 5, 6, 7, and 8 should be
drawn up for the next meeting on August l0, 1983.
Meeting adjourned at 10:10 AM.
Minutes submitted by Karin Franklin.
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CITY COUNCIL RULES COMMITTEE MEETING
August 16, 1983
RULES COMMITTEE: Meeting of August 16, 1983, 7:20 P.M., in the City
Manager's Conference Room.
COMMITTEE MEMBERS PRESENT: Erdahl and Lynch
STAFFMEMBERS PRESENT: Karr
HISTORIC PRESERVATION BY-LAWS
The Rules Committee noted Article IV, CONDUCT OF COMMISSION AFFAIRS,
Section 1, re agenda being sent to Commission members, Council, and media
three days prior to a regular meeting. They felt it was a good procedure
and urged other Boards and Commissions to include such wording in future
by-law revisions. Members raised concerns re special meetings that would
not enable three day notice.
Rules Committee
6, ATTENDANCE AT COUNCIL LMEETINGS$ last ers suggested asentence,Igbefamended etoVreadc"The
Commission Chairperson is the person authorized to receive Council agenda
prior to each Council meeting and is also the individual to be notified of
meetings involving Commission business."
The Rules'Committee recommends adoption of the by-laws, with or without
the suggested change in Article IV.
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