HomeMy WebLinkAbout1981-06-30 Bd Comm minutesJ;-
MINUTES
BOARD OF ADJUSTMENT
MAY 26, 1981 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Vanderhoef, Harris, Hall, Barker
MEMBERS ABSENT: Bartles
STAFF PRESENT: Boothroy, Woito, Knight, Tyler
FORMAL ACTION TAKEN:
V-8104. That an application submitted by Micki Soldofsky for a variance
to 8.10.21E to permit construction of an addition to an existing residence
located at 229 Lowell be approved.
V-8105. That an application submitted by Brad McQuillen for a variance to
Section 8.10.23B.2 to permit the addition of a garage to an existing
residence located at 101 Glenn Drive be approved.
SUMMARY OF DISCUSSION:
Chairperson Harris called the meeting to order.
Woito called the roll.
Barker moved and Hall seconded that the Minutes of March 24, April 7, and
May 7, 1981, be approved as corrected. Motion carried unanimously.
VARIANCE ITEMS:
V-8104. Public hearing on an application submitted by Micki Soldofsky for
a variance to Section 8.10.21E.1b of the Zoning Ordinance to permit
construction of an addition to an existing residence located at 229 Lowell
Street.
This item was a continuation from the previous meeting. Knight
recapitulated and clarified the order of discussion. There were visual
aids. The applicant's property is on a corner lot. Wilson Street is the
official front yard. A major nonconformity is the existing garage. The
best alternative for the addition would be to add to the house, but this
would be expensive. The studio addition would be on the back of the
existing nonconforming garage. The request is to extend this non-
conformity. The staff recommended denial.
Those present looked at the photos of the site. Vanderhoef said that as
far as vision goes, the tree already cuts off the view and the garage
wouldn't make much difference. Vanderhoef asked about the size of the
tree and the foliage coverage close to the existing garage.
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ou
neend
defsko stated that she is an use he. least expensive alternatst and ilve. There were v problems owith
j the addition of a studio to the back of the house
cutsintouch athehuselofbthe
across the back, kitchen windows, and havingo
breezeway.
oofline Her
producitect e the necessary 400 squarested it would cost e0feetuof space the
one else who would wish to speak in favor of the
There was a request for any
variance.
Tom Gelt, the attorney for the applicant, mentioned that the delay oeye
variance to this meeting was to give the Board time to view the property.
He spoke in support of the change which wasn't a large one, onl5 feet.
y 1
be
I Thcornr neighboretoo the
l the west unusual.
has his change nts,d He lsa d that eittwould
i
preserve the condition of the neighborhood to approve the variance. he
T
neighbor to the north has concerns that the view would be blocked but in
Gelt's judgment, it doesn't seem so.
There le
the
expense softhe
any otherhardship
methodlack
the roofline,
expense
alteration sexpenseY for alook
the
kitchen elsewhere and and
wo id fittwellconsthe back of ct. The building
eYgaragwould Glet
awkward
proposed allowance of the variance under the present law due to hardship.
Strom ren, the neighbor to the north, opposes the variance. The zoning
exists to protect the property owner from encroachment and
sheacan
existing property she stated. She does have her own property
(2)
build on. The reasons for Stromgren's opposition are (1)
because of
hose on
ofthe proposed tion,h
sand saddiS 3) privacy d mished market value t
value ofthe property,
and (4) the offensive encY oachment on the rights which she now
tion to and protest to the variance. holds. She
stated her continued opp
ip stated
at
�arrissupportnow
�thexvariance and hastreassessedathe rieria for hsiitu tion as to he the ould concerns
of the neighbors.
Hall stated that he believed the tree cuts the yard anyway and now that he
has seen the property, he doesn't feel as bad about granting it as before.
nded it.
Vanderhoef moved that the variance be granted and Barker seco
y g was more
SoIdofsk stated that the northern light referred to by the neighbor above
was
t a concern in this countr and that the ever efficiency
her concern. She stated that she would not put windows on the north side.
indows
be no
uld
Barker
rkerth sade would makeeit�moreeacceptable or be anfact that thereoacceptablewcomprom�sethe
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Stromgren reiterated her opposition to the variance.
Gelt said that the windows planned for the northside were small and high.
Soldofsky stated that there already are windows on the garage which exists
there. The property rights were not being encroached upon; the view could
be obstructed with no hinderance to the right to air and light; but there
was no encroachment of actual space.
Boothroy stated that under the ordinance a fence could be added up to
eight feet high, which would effectively block the neighbor's view to a
comparable degree as the proposed addition.
Woito noted that if there was concern about an applicant with conditions
it could be noted what was required in the order and filed with the
Johnson County Recorder's Office. It is possible to note that there be no
north windows on the building site plan.
Mr. Soldofsky stated that there were windows in the garage now.
Mrs. Soldofsky added that the garage could be converted right now as long
as the size wasn't extended and therefore the privacy contention was not
valid. She has researched, she stated, other ways of attaining studio
space - renting and buying, and was unable to find anything feasible.
Mr. Soldofsky mentioned that if she worked at night in another structure
away from the home, he would worry about her safety in commuting.
The motion to grant the variance was approved unanimously.
V-8105. Public hearing on an application submitted by Brad McQuillen for
a variance to Section 8.10.238.2 to permit the addition of a garage to an
existing residence located at 101 Glenn Drive.
Photographs were presented and entered into the record. The location of
the proposed construction is Washington and Glenn Drive on the east side
of town. The applicant is located on a corner lot which has some
terracing to rear and side. To the rear of the property is a church at the
top of a hill. Across the street is Arbor Hills which is unique because it
is a Planned Area Development which doesn't line up to a row of houses.
There are some constraints to deal with. The terrain for the construction
might have drainage problems if the applicant were to.locate the garage
improperly. There are no neighbors who objected to the plan so it is
assumed not contrary to public interest. This is the only house without a
garage on the street, so the construction is reasonable and in the spirit
of the ordinance. The uniqueness of the property and terrain and the
essential character of the neighborhood will be maintained or improved.
To use a garage for storage will look better than the present method.
The spirit of the ordinance which requires the corner lot be larger is
still maintained in that adequate vision lines are still available and the
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BOARD OF ADJUSTMENT
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addition creates no hindrance because it sets back. Also, the addition
will create a straight line with other houses as much as the other houses
are already in line. It was recommended that the variance to Section
8.10.23.82 be granted.
The property line is 19 feet, not the 20 feet as shown on the map because
! the applicant measured right to the sidewalk and the property line starts
one foot behind the sidewalk. There was informal discussion.
! Mc uillen stated that people think it is a good idea. There is no
hardship for people in the area.
Harris stated that the drainage issue was a problem. He didn't see the
I pitch problem from the neighboring yard.
Mc uillen suggested that when the drainage pipe is put in and goes to the
{{street it still doesn't totally carry the water off from the terracing.
I There was a lot of water in the basement of the house during the spring
Ej melt before he moved in. It was his belief that a garage in back would
hold water.
I
no alternative to building the garage in
Harris questioned that there was
back without creating a drainage problem. I
�_ Mc uillen said that the water drains both ways, down the steep terrain
toward Washington.
� Harris suggested that he could put the garage behind the Swale. McQull en
i
'said he would prefer having the garage attached to the house.
Hall said that it would help heat bills to have it attached.
Kni ht said that if the garage was built in back, it would cut off most of
the open space in back.
1 Mc uillen said that the price was about the same for attached or free-
standing.
Barker said that there could be additional paint and additional parking
,I
fora drive to the back.
Mc uillen said that concrete was a big expense.
Barker said that the drainage problem in that area had satisfied him that
t ere was a hardship.
Mc uillen said that an attached garage was the most usable, that
electricity would be easier to place. He wanted to build for storage and
weather; the house would look better with the
keep his car out of the
garage attached and appear more like houses in the neighborhood.
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Vanderhoef asked if the additional length of the house would replace the
storage shed. McQuillen said it would.
McQuillen said he would not extend the garage quite as far as creating a
j problem with the roofline.
Barker moved and Hall seconded that the garage variance be granted not to
reduce the front yard to less than 18 feet and otherwise to conform in
general to the details of the application. An individual roll call vote
was taken. The motion passed unanimously.
The procedures regarding deadlines and extenuating circumstances of
construction regarding building permits were clarified.
March 24, 1981 Page 2, strike first 'non-' before conforming. Add
'h' to demolis in second to last paragraph.
Page, 3, 5th line, strike 'd' from issued, add s.
Paragraph 7, change position of 'separable' to
follow 'zoning ordinance'.
Paragraph 8, delete entire paragraph.'
Page 4, paragraph 6, change spelling of council to
counsel.
The minutes as corrected were unanimously approved.
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April 7, 1981 Page 3, paragraph 6, change limber to lumber.
Page 4, paragraph 7, change '3 front year' to '3 front
yard'.
+j The corrected minutes were approved unanimously.
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I May 7, 1981 Page 2, insert to change meaning of paragraph 8,
'staff report maintains that'.
The corrected minutes were unanimously approved.
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Meeting adjourned.
Prepared by:r�
Approved by:
as Bbpthroy,
ATTACHMENT - Letter from Stromgren
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May 26, 1981
Mr. Douglas Boothroy
Planning and Zoning Commission
Civic Center
Iowa City, Iowa 52240
Dear Mr. Boothroy:
As I understand it, the Zoning Code exists, in part, to protect homeowners
from encroaching upon each other's property rights. In this instance, my
neighbor is requesting to encroach upon me in asking permission of you to
take away some of what has been mine, publicly, without my consent, and with-
out compensat ion, in order to enhance her property interests, to the detri-
ment of mine. This she asks even though she has property to which her rights
are exclusive upon which she could build in conformity with the existing code,
and to no -one's detriment.
With regard to building with no windows on the north side of the proposed non-
conforming extension, the windows of themselves are irrelevant. It's the
building framework that will hold the windows where they will then destroy
privacy that is the offending construction. Furthermore, it is well known
among those who work with color (including me --I am considered an alumna by the
School of the Art Institute of Chicago) that the north light is the truest
light in which to work. An artist's studio without northern light would be
deprived of one of its most valuable natural assets. I do not believe that the
non -conforming extension as applied for would remain without such light for
very long, so that I could not take any offer to build without north windows
seriously.
Besides the crowding, aesthetic lopsidedness and diminution of market value
therefore, as well as loss of privacy and invasion of life -space that would
occur should such variance be allowed, it would disturb the status quo between
myself and my neighbor for as long as we continue to be neighbors. The feelings
tied up with property rights are deeply embedded in a person's (or a nation's)
make-up, and altering them inadvisedly leads to ill -will and bitterness tha#
sometimes lasts for generations.
The appeal of my house and property means as much to me as hers means to my
neighbor. I too hold a recent Master's Degree from the University of Iowa.
At present, I am working on a theory of social justice. I also work at home.
Any encroachment upon what is mine is offensive to me, as it would be to any
one who is encroached upon.
The dedision the Commission is to make may not be easy --in all probability it
will be difficult, but, whatever it is, let it be just.
I press my continued protest to the variance under consideration as an encroach-
ment upon those rights which I now hold and the maintenance of which I value
highly, as to the fact of my presence and testimony here bears witness.
221 Lowell Street
Iowa City, Iowa 52240
(319) 338-8115
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Resp sub tted,
Sylvia Stromgren
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MINUTES
BOARD OF ADJUSTMENT
JUNE 9, 1981
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Barker, Harris, Vanderhoef, Hall.
MEMBERS ABSENT: Bartles.
STAFF PRESENT: Siders, Woito, Boothroy, Franklin, Shima.
FORMAL ACTION TAKEN:
V-8106. That an application submitted by Richard Haman for a variance to
Se ticon 8.10.23A of the Zoning Ordinance to allow the construction of a
wooden deck in the required rear yard at 315 Third Avenue be deferred
until June 25, 1981.
SUMMARY OF DISCUSSION:
Chairperson Harris called the meeting to order. Woito called the roll.
Minutes of May 26, 1981, were not yet completed. Harris reviewed the
meeting structure.
VARIANCE ITEM
V-8106. Public hearing on an application submitted by Richard Haman for a
variance to Section 8.10.23A of the Zoning Ordinance to allow the
construction of a wooden deck in the required rear yard.
Boothroy introduced staff member Franklin who continued with a visual
presentation and explanation of the item in question. The applicant
wishes to build, out of treated wood, a new deck which according to the
applicant would be the same dimensions as the old deck. The deck in
question intrudes into the 30' required rear yard.
Staff recommended that the variance be denied since no undue hardship
could be shown. Franklin presented photographs of the structure, taken
May 28, 1981, to the Commission.
Staff indicated that legal counsel had advised them that the proper public
hearing notification had been given for consideration of the request for a
variance and the request for an interpretation of the code.
There was discussion by the Board of the variance which included the
dimensions of the yard and the history of yard regulations. Siders
explained that at the time the house was built, in 1967, the required rear
yard may have been calculated in such a way as to allow for variations in
actual depth or irregular lots. The support structure of the old deck and
the new one was discussed. Repair of the deck and the technical aspects
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of the ordinance were also discussed. There was a question as to
procedure and whether the item was going to be viewed as a variance
request or an examination of the ordinance.
It was stated, in response to a question from Barker, that the Planning
Department became aware of the problem when the applicant first applied
for a variance.
The staff went to the site and took photographs a week or two after the
application for the variance.
There was a momentary recess.
The section of the code 8.10.21 concerning nonconforming buildings and
uses was strictly interpreted by the building inspector. Siders felt that
destruction of the deck by the applicant constituted a decrease in the
degree of nonconformity and that denial of a permit to rebuild the deck
followed the intent of the statute to decrease nonconformi ties. The new
deck is approximately 2/3 or 3/4 complete now.
The deck was apparently built at the same time the house was built. The
rear yard setback at the time of building was not known by Mr. Haman as
nothing was said about it at the time. Earl Yoder sold the lot and
contracted to build Mr. Haman's house, according to Mr. Haman.
The question of the validity of the nonconforming structure analysis was
brought up. Woito suggested that the original deck may have been illegal,
making any discussion of nonconformity a moot point.
Some discussion occurred regarding tract depth and lot depth. Interpreta-
tions of the facts were not clearly resolved. It was postulated that the
tract depth could have computed incorrectly by the original building
inspector.. More discussion of the position of the deck followed including
a statement by the applicant that a parking lot exists behind the yard.
It was mentioned that the house itself projected into the required rear
yard. It was speculated that the house was built with the deck added on
later since it was not included on the building permit or the original
blueprints.
It was stated by the applicant that the houses were all on lots of
peculiar shape in this area. It was asked if it were possible to find out
if decks were allowed in 1967 and suggested that the deck would be seen
during the final inspection so the nonconformance would hvae been
observed. The ordinance wording was questioned again as well as the 1967
building inspector guidelines. Some inspectors may have neglected strict
building guidelines at that time. The difficulty of dealing with this
benign neglect of the rules was mentioned by Siders.
A motion was made by Barker to request the Legal Council and the staff to
look into the matter. The following statement was made by Barker to the
applicant in order to clarify the Board's position for the applicant: The
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Board of Adjustment
June 9, 1981
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Board understands that the applicant assumed that he was replacing a
replaceable deck and the Board did not have a problem understanding how
the applicant thought it was replaceable. The applicant was questioned as
to whether he understood that the request to rebuild must be fitted into
the powers and abilities of the Board. The staff report shows a fair
number of the complicated aspects of the problem from the City's point of
view and everybody must be directed in accordance with the rules.
The question of whether consideration should be given to the variance or
to the interpretation of the ordinance was deferred until the next
meeting. •The legal counsel took responsibility for the question of
assuming it was merely a nonconforming building in a variance issue rather
than looking into all aspects and possibilities. It was asked if the deck
was to be considered an infringement upon the setback and secondly whether
the tract depth consideration in 1967 was under different rules.
The concern that it was a nonconforming structure was to be looked into.
There was no question that the original deck had been destroyed, but the
abandonment of a nonconforming structure came into question. There was no
evidence it was stated, which clearly showed abandonment or
nonconformity.
Vanderhoef stated, "We would like to say 'Yes, go ahead'; but we can't
figure out a way to do that yet and conform to the rules."
The applicant brought forth a bill and statement of the deck changes which
were submitted into the record. The deck was with other changes made at
the time of building. Clarification was still sought as to what the staff
and legal counsel should look for before the next meeting. Could it be
shown that the deck was nonconforming? If the deck was created with the
consent of the City of Iowa City, it would be nonconforming.
A nonconforming use, restoration, and abandonment are all descriptions
which must be considered. To show abandonment under the law, it must be
proved that there is an intent to abandon. It is a separate act to
recreate the new deck. As a policy matter, there is no prior evidence as
to what the first deck looked like. There is no way at present to tell
whether the nonconforming deck has been increased since the Board did not
see it before. Pictures of the previous deck were requested.
A zoning ordinance doesn't have any building definitions for decks nor
prohibitions of decks from the rear yard. The building permit seems to
indicate that the deck was extra and added on afterwards as it was not on
the plan. The possibility that the deck was added without the knowledge
of the building inspector was postulated.
The bills brought by the applicant were requested, subject to return after
proceedings. The applicant acquiesed and mentioned they were xerox
copies. The dimensions of the original deck are on the bill. The
likelihood of clarification after looking into the matter was questioned.
The legal staff was confident that it would be a good idea.
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Board of Adjustment
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The motion to defer carried by voice vote. The staff was encouraged to
get relevant information and the building inspector was delegated to
contact the previous inspector. The building code and the zoning
ordinance were examined and it was stated that the two rules were
separate; zoning does not describe buildings so that is when the building
code is invoked.
A change in the date of the next meeting was noted which came to light
after the agenda had been mailed. Additional information which seemed of
interest was how the building inspector countenanced the building of the
deck at the time. He may have permitted it, knowing its dimensions and
structure.
Some concern with the definition of a balcony arose. The matter will be
resumed two weeks from this meeting on the 25th of June. The date of the
mailing of information for that meeting is the 19th of June.
The meeting was adjourned.
Prepared by o=� G�u•c
an Crowe
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Approved by
oug o roy
Secretary
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MINUTES
COMMITTEE ON COMMUNITY NEEDS
JUNE 3, 1981 - 12:50 PM
IOWA CITY RECREATION CENTER
MEMBERS PRESENT: Bonney, Cook, Daly, Lockett, Pecina, VanderZee,
Whitlow.
MEMBERS ABSENT: Barker, Haldeman, McCormick, McGee.
STAFF PRESENT: Hencin, Keller, Nugent.
RECOMMENDATIONS TO CITY COUNCIL:
Pecina moved and Cook seconded that any funds remaining in the Senior
Center project contingency be used to finish the third floor of the Senior
Center to the extent that those funds will allow.
SUMMARY OF DISCUSSION:
Prior to the meeting, members of the Committee toured the new Senior
Center with Lori Benz, Senior Center Program Specialist.
Chairperson Bonney called the meeting to order at 12:50 PM.
Minutes of the May 6, 1981 meeting were approved as read.
Report on Neighborhood Meetings:
Bonney stated that minutes of two of the neighborhood meetings (Creekside
NSA on May 18, 1981, and North Dodge Street NSA on May 20, 1981) were
included in each member's agenda packet and asked if anyone had questions
or comments about the meetings. Daly, who had attended the May 27, 1981,
Iowa Avenue meeting, reported that residents mainly discussed creek
problems and the lack of maintenance, but that there were other areas of
interest (housing conditions and code enforcement) as well.
VanderZee asked how it would be decided which sidewalks on the creekside
area would be built. Pecina inquired whether they would be new or
replacement sidewalks. Hencin responded that staff would survey
residents about priority locations and these would be new sidewalks.
Plans would be developed by the City Engineering staff. Bonney suggested
holding another neighborhood meeting once sidewalk plans were prepared.
She also asked Committee members to think of ways to get better turnouts
at neighborhood meetings.
Pending Items:
a. Curb ramps. Bonney reported that the sidewalk curb ramps in the
downtown area, which were requested by a group of handicapped
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persons, were being built by the City's Public Works Department. No
further action by the Committee needed to be taken.
b. Third floor of Senior Center. Bonney called attention to the
memorandum from Hencin. Members discussed that a decision on the
contingencies monies had to be made, whether they would be used for
the Senior Center or another project. It was recognized that even
though there were no plans to use the entire third floor now, it
would eventually be needed for programs in the Center.
Pecina moved and Cook seconded that the Committee recommends to the
City Council the completion of the third floor of the Senior Center
using the project contingency. Members expressed concern that this
motion implied other funds might have to be sought in order to finish
the third floor. Pecina and Cook agreed to Daly's suggestion to
amend their motion and second to recommend to the City Council that
any funds remaining in the Senior Center project contingency be used
to finish the third floor of the Senior Center to the extent that
those funds will allow. The amendment carried unanimously.
C. 4 -C's brochure. Hencin reported that this request could not be
funded through the CDBG program. Members agreed to send a letter to
Vicky Grube, representative of the Community Coordinated Child Care
(4 -C's) program, listing alternatives as discussed by the Committee.
Pecina excused himself to leave at 1:30 PM. Bonney stated that this
was his last meeting and expressed the Committee's appreciation for
his service. She presented a certificate of appreciation from the
Committee and City Council.
CDBG Entitlement Application:
Hencin explained that three parts of the Community Development Summary
were sent to members in a folder, the Community Profile, Community
Development and Housing Needs statement, and Comprehensive Strategy. He
requested the Committee to review them prior to the July meeting at which
time staff could answer any questions. The remainder of the application
will be sent out prior to the July meeting.
Keller explained that another important section of the application, the
Housing Assistance Plan (HAP), was included in each member's folder. He
briefly reviewed each table of the HAP and stated that the Committee would
discuss the plan during their July meeting.
The meeting adjourned at 1:40 PM.
Prepared b "—'"a` "
511 Hencin
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BROADBAND TELECOMMUNICATIONS COMMISSION
TUESDAY, 4:00 P.M., MAY 19, 1981
CIVIC CENTER CONFERENCE ROOM
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MEMBERS PRESENT: Pepper, Eskin, Terry, Madsen, Johnson.
MEMBERS ABSENT: None.
ohn
OTHERS PRESENT: Kane
Blou9hNewban
urn from Synthesis Young Arts Workshop,JMr.
and Mrs. Bill Norton.
RECOMMENDATIONS TO COUNCIL:
None.
MATTERS PENDING COUNCIL -COMMISSION DISPOSITION:
Acceptance of Extension Policy to be filed with and approved by the City.
The extension policy affects those areas of Iowa City that are A) newly
annexed areas of the City not then served by aBTNdent dwel new
housithining areas
developed within the City limits, or C) any r
the
City limits and 200 feet of existing network.
MATTERS PENDING COMMISSION DISPOSITION:
The BTC must also determine the appropriate cable channel designation for
cfuture hannel 26 (thens. public accesslchannel)her telethons should be allowed on
shall be addressed.
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
Three citizens appeared to complain that they did not receive cable TV.
One case was resolved, the other will be affected by the full service
policy to be determined by the City's Legal staff.
Hawi
policy be
revised and ieresubmitted t at
inthennext�BTC mmeeting. requested this p Y
It was determined a "Full Service Policy" was also needed and legal
counsel was requested to assist in this development. The BTC requested
Hawkeye provide statements and records pertinent to this policy.
Shaffer reported NTIA (National TeleccommunicationacedInformation
Administration) grant equipment arriving
and is being plin the new
Shaffer reported othe status ofv16 complaints riorites receivmonth.urinthe next
ed during the last
month.
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Broadbandf�
Telecommunications Commission
May 19, 1981
Page 2
Hawkeye reported areas of Iowa City newly completed and those yet to be
finished (which affect about 100 households). Also that there are now
6500 subscribers in Iowa City.
MEETING CALLED TO ORDER:
Meeting called to order at 4:13 P.M.
MINUTES:
Moved by Terry, seconded by Eskin, to approve minutes of April 21 meeting.
Unanimously approved. Moved by Terry, seconded by Eskin, to approve
minutes of April 28 meeting. Unanimously approved.
ANNOUNCEMENTS:
Terry had one telephone call from a woman supporting the telethons being
placed on channel 26.
The next BTC meeting will be June 23, 1981 at 4:00 PM in the Civic Center
Conference Room.
PUBLIC DISCUSSION:
Mr. and Mrs. Norton, of Sand Road, complained they have not yet been able
to get hooked up for cable television by Hawkeye Cablevision. Mr. and
Mrs. Norton also complained an ATC representative, at franchising time,
had promised they would be served by cable TV. Also, Mr. Norton produced
Hawkeye ads saying everybody who wants cable TV can get it. Mr. and Mrs.
Norton will be affected by whatever full service policy is finally
determined by the City.
Blough said there were two ways to hook-up Mr. and Mrs. Norton. One way
could cost $40,000-$50,000, the other way could cost $6,000-$7,000. There
are about 20 homes per mile density on Sand Road.
The BTC requests the assistance from the Legal staff in determining the
relevancy and possible resolutions of several sections of the ordinance
pertaining to both the Norton case and what used to be called a "Full
Service Policy". The extension policy (Section 14-78(b)(2)) and
Ordinance 78-2917 applies only to what conditions Hawkeye Cablevision
will service new housing areas 200 feet or more beyond the existing cable
TV network and for the period after April 18, 1982. The full service
policy would apply under what conditions Hawkeye Cablevision will service
existing houses in Iowa City that have yet to be wired (due to what
Hawkeye might consider to be unreasonable inaccessibility of the
households). Sections of the ordinance that are pertinent include Section
14-61 (the service area of Hawkeye is all of Iowa City), Section 14-79(e)
(100% of Iowa City must be wired by April 18, 1982), Section 14-88(2)(b)
(cable service shall not be refused to any person or organization) and (c)
(fairness and accessibility rules are in effect and where such rules are
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not effective to resolve disputes they will be submitted for resolution to
the BTC ), Section 14-78 (grantee will, within a reasonable amount of
time, extend the BTN to include new housing areas, newly annexed areas or
any resident with 200 feet of the BTN) and Section 14-76(a)(3) wherein it
states the grantee may make a charge to subscribers for installation
connection where unusual circumstances exist, such as remote or relative
inaccessibility.
i John Kane of 522 Rundell appeared to complain he has not been able to
receive cable TV. Blough explained the problem in that area and promised
Mr. Kane would have service sometime this summer. Pepper suggested a
letter explaining the situation to everyone on that street requesting
service might be appropriate.
Two Commissioners reported complaints they received regarding difficulty
in customers or potential customers getting different answers each time
they called Hawkeye, or not having calls returned.
Pepper asked for a response or statement from Hawkeye (separate from the
extension policy) about service to households that were existing in Iowa
City on April 18, 1979 that Hawkeye has until April 18, 1982 to serve
(according to Section 14-88 where 100% of the households must be wired)
unless under Section 14-88 some of these households will be considered to
be inaccessible by Hawkeye. The BTC requested from Hawkeye what they
would constitute as being reasonable inaccessibility and/or a policy for
extended service to these households that are affected and at what costs.
The BTC also asked for a statement as to how many dwelling units in Iowa
City were not included in the original design of the cable TV system and,
of those that have requested service.
The BTC will ultimately decided whether it reasonable or unreasonable
to service certain households in Iowa City.
SPECIALIST'S REPORT:
Shaffer reported the Chicago NFLCP (National Federation of Local Cable
Programmers) midwest regional conference he and a dozen Iowa Citians
attended was a deemed a success. Chicago is going through franchising at
the present time. Support and advice offered by Iowa Citians was
considered valuable many conference participants.
Shaffer gave Hawkeye's subscriber agreements, apartment owner agreements
and annual reports checklist (all reports that must be filed by Hakweye on
an annual basis) to BTC members for perusal and comment.
Shaffer stated equipment obtained from NTIA grant funds have arrived.
This includes several video portapacks and a video editing system.
Shaffer reported City Council live cablecasts were continuing and most of
our problems have been resolved. Further plans to be worked out with
Hawkeye include moving the City video playback deck to the new library
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May 19, 1981
Page 4
(for solving the logistics difficulty of playback problems) and placing a
remote character generator keyboard capability in the Civic Center
basement for continued input from City departments.
Shaffer said budget amendments were being submitted to allow for continued
support of part-time assistants to the BTS, for one-half inch videotape
and to replace cords and adaptors in the City's use that are Shaffer's
property.
Shaffer said two interns from the Broadcasting and Film Department have
been selected. These interns will operate the video editing facility and
oversee and assist public and City trained users while using this
facility.
Priorities during the next move to the new library include: 1) physically
transferring all video/cable related equipment to the newt library, 2)
designing new policies and procedures for the operations of checkout and
return of video equipment, the editing facility, training workshops, i
etc., 3) completing the City introductory/promo tape, 4) facilitating the {
start of a public interest access cable users group in Iowa City, 5) the
design and completion of a program about the cable access system and
programming in Iowa City.
Shaffer reported 16 complaints over the last month. The majority of these
complaints dealt with cases that will be affected by the extension policy
I to be discussed today. Some complaints involved underground cables that
i were buried 4-8 inches (some citizens report cutting through these cables
while gardening, etc.).
HAWKEYE'S REPORT:
Blough reported there are now several new areas in Iowa City that did not
exist when the system was originally designed. These include the east
side of Friendship Street (the 200 block), Hanover Court, Sterling Court,
the south side of McBride. Blough said Hawkeye will continue to
concentrate on completing those areas of Iowa City that were here two
years ago before working on any newly developed areas of Iowa City. Areas
yet to be completed include portions of McBride, Westgate Avenue, Westwind
Condominums, Samoa Drive. North Seventh Avenue, Esther and Dover Street,
Westwind Drive, Burlington and Van Buren, Lower West Branch Road, Oberlin,
Tulane, and Mark IV Apartments are all recently activated and completed
portions of Iowa City.
The remaining portions to be completed in Iowa City affects approximately
100 households.
Hawkeye is now moving their studio into the public library.
Hawkeye is continuing to move aerial plant to underground in the downtown
urban renewal area.
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May 19, 1981
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Hawkeye now has 6500 subscribers, 7000 by June are projected, 8000 by
July, 8500 by August, 9000 by September, 10,000 by the end of 1981 (8500
of which will be from Iowa City).
Blough requested that the circumstances leading to the grantee's ability
to move into other towns, such as Coralville, be made clear to everyone.
The ordinance provides the grantee can move into other communities once it
has "substantially completed" (which means 90% completion) Iowa City.
Hawkeye achieved over 90% completion in Iowa City in early 1981.
HAWKEYE'S EXTENSION POLICY:
Hawkeye Cablevision submitted an extension policy of their own design for
BTC approval (which is required in Section 14-78(b) of Ordinance No. 78-
2917). This extension policy would apply to new or newly annexed areas
that did not exist at the time of franchising. The extension policy
statement reads as follows: "For any potential subscriber dwelling beyond
two hundred (200) feet from the nearest point of the existing network but
within the City limits, the following extension formula will apply:
franchisee shall, at its expense, extend its system to provide service to
all residents of newly annexed areas or new housing areas within the City
limits not then served by the system where the average density is eighty
(80) dwelling units per lineal mile of new plant including new necessary
interconnecting truck. When in the opinion of the franchisee it is not
economically feasible to extend service to a new area of the City, the
franchisee may petition the Broadband Telecommunications Commission for
relief. The Commission shall make determinations on the requests based
upon the merits of the presentation made by the franchisee. The decision
of the Commission is final."
This policy was based on a 40 household per mile break-even point,
figuring one-half of the 80 homes per mile would subscribe. Iowa City has
a density of 135 households per mile on the average. University Heights
as 80, Coralville has 128. The return of investment for Hawkeye is
figured at 13-17% per year. The industry currently operates on a 48 month
payback.
The BTC requested documentation and statistics backing up the proposed
extension policy for deliberation at the next BTC meeting. It was
suggested the policy may 1) build in options for consideration of this
policy to be changed or reviewed at a two or four year period, 2) it should
include the assertion that the BTC wants every home in Iowa City to have
access to cable TV unless the provision of access to them is unreasonable
because of financial burdens upon the company. The burden of proof to
show unreasonable financial burdens falls on the company, and/or 3)
justification for any density figure that is used.
It was decided the following agenda items (including Citizens' Informa-
tion, Records Report and Telethon Report) would be continued at the next
BTC meeting because the City Council meeting was about to start.
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f
NEW BUSINESS:
None.
ADJOURN:
Eskin moved to adjourn. Seconded by Terry. Unanimously approved,
Ad-) Went a •M
Respect ully subm ted,
William Drew Shaffer
Broadband Telecommunications Specialist.
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RESOURCES CONSERVATION COMMISSION
JUNE 2, 1981 4:30 P.M.
CIVIC CENTER LAW LIBRARY
MEMBERS PRESENT: Fett, Gartland, Hotka, Sanders, Schwab, Sheehan.
MEMBERS ABSENT: Hamilton.
STAFF PRESENT: Helling, Tinklenberg.
RECOMMENDATIONS TO THE CITY COUNCIL
None.
REQUESTS TO THE CITY MANAGER
None.
SUMNARY OF DISCUSSION AND FORMAL ACTIONS TAKEN
Sanders called the meeting to order and the minutes of May 18 were approved
as read.
Agenda for Joint Meeting with City Council
The Commission is interested in exploring its relationship to the City
i Council in general terms illustrated with concrete examples from various
issue areas.
1. The relationship of energy to the local economy.
Gartland presented some preliminary information and will have a full
report ready by the end of this week.
2. The City Council's general view of how the RCC can best serve them and
communicate with them.
3. City -sponsored financial incentives for energy conservation ideas.
Should the RCC explore award system options?
4. How active does the Council want the RCC to be in public awareness?
I
This is not listed as one of the Commission's duties in the
establishing ordinance, but the RCC has been active in this area in
the past.
5. Local energy code.
Topics to be covered:
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-Lighting
-Building envelope (floor, roof, & wall
windows, etc.) insulation, doors &
-Heating, ventilation, and air conditioning systems
-Zoning and subdivision provisions
Why these provisions are needed.
Enact these provisions through a single code or through existing
codes?
6. Iowa -Illinois Gas & Electric franchise renewal.
The Commission offers itself as a resource in the Iowa -Illinois
franchise negotiations.
7. Transportation.
a. Transit system.
-The RCC feels it is important to keep a moderate bus fare to
encourage energy conservation.
-Is the Council interested in concrete suggestions from the RCC
such as: the use of shuttle buses for football games, and tying
bus fares and parking fees together so that both rise in equal
proportion.
b. Traffic controls.
The RCC is interested in
gasoline
changes in traffic control- such as he use of flashing nredsoand
Yellows during certain hours at night.
C. Bicycle use.
Existing traffic laws should be rigorously enforced year -around.
Other_ Business
Sheehand, SAhwab seconded, to send a letter to the City Council and Manager
volunteering the RCC's services as a resource in the Iowa_ Illinois
franchise renewal. Approved five ayes, Hotka abstaining.
The next meeting was scheduled for June 16.
The meeting adjourned at 6:30 P.M.
Respectfully submitted, Roger Tinklenberg.
Pat Fett, Secretary.
9oL
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MINUTES
IOWA CITY PUBLIC LIBRARY
BOARD OF TRUSTEES
REGULAR MEETING
May 21, 1981
Storyhour Room 4:00 PM
MEMBERS PRESENT: Cavitt, Gritsch, Immermann, Ostedgaard, Richerson,
Zastrow
MEMBERS ABSENT: Bartley, Bezanson, Hyman
STAFF PRESENT: Eggers, McGuire, Tiffany
OTHERS PRESENT: Charles Drum, FRIENDS of ICPL Liaison
SUMMARY OF DISCUSSION
The meeting was convened at 4:05 p.m. by President Ostedgaard. Minutes of
the Owner/Contractor (Building Committee M1) meeting of April 29 were
distributed and reviewed. These minutes and the ones of the regular
meeting of the full Board were approved, with the following corrections to
the regular meeting of. 4-23-81: 1) Page 2, paragraph 1 - ". .expenditure
of funds not to exceed $1,700 from Gifts and Bequests..."; 2) Page 3, last
sentence in top paragraph - $6,000 in pledges outstanding."; 3) Page 3,
paragraph 2 - "...music which they will provide on Saturday evening, June
13. 2,500 programs will be printed, with the cost not to exceed $100.
Hyman/Richerson." Richerson/Zastrow.
Disbursements from May 1 and 15 were unanimously approved.
Zastrow/Gritsch. The New Building Gift Fund through May 16, 1981, was
reviewed. The Board informally authorized the Director to shift funds
remaining at the end of the fiscal year to the materials budget. In
another informal action, the Board authorized expenditure from the Gifts
and Bequests Fund for a full-page ad in the Iowa City Press -Citizen's new
building supplement to acknowledge and thank a t e contri utors,
including the four Board members who served during the year of the
referendum campaign (FY1979), and those who have made special "in-kind"
donations to the new building.
Director's Report
5-21-81
The Director reported on the following:
1. The FY81 budget will provide adequate funds for the extra staff hours
needed during the move.
2. The major hurdles to get over before the June 13 opening: Picture
hook shelving, telephone system, City inspection, finishing of
College Street paving. The appearance before the Appeals Board is
set for Thursday, May 28.
3. There are many other minor items yet to be completed, but few will
hinder opening day service.
`-_1_
(over)
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IOWA CITY PUBLIC LIBRARY
MAY 21, 1981
PAGE 2
4. The security system is completed and has been in partial use since
Tuesday, May 19.
5. The Press -Citizen supplemented is reported to be well underway. The
Board should discuss their preferences regarding an ad recognizing
contributors.
6. It is recommended that we make a special effort to recognize former
Library Board members Kirkman, Farber, Moore and Newsome during
all opening activities.
7. City Attorney Hayek has confirmed the opinion of the legal staff that
there can be no alcoholic beverages at the pre -opening party on June
13.
President Ostedgaard reminded those Board members who have not already
done so to fill out their pink cards as move volunteers.
Richerson reported for Building Committee N2 that local artist, Byron
Burford, will place one of his works in the new building for consideration
for purchase as recommended by the Art Placement Committee. I �.
Cavitt reported for the Pre -Opening Events Committee that plans are ready.
i
Immermann reported for the Nomination Committee that the following names
had been submitted for the FY9182 offices of the Library Board of
Trustees: President - Ed Zastrow, Vice -President - Carolyn Cavitt,
Secretary - Linda Gritsch. This slate of officers was unanimously
approved, and congratulations were extended by the current President.
Richerson/Ostedgaard. These officers will serve beginning July 1, 1981.
During its review of the new building's budget, the Board approved the
allocations as proposed and told the Director to move ahead generally with
the plan.
Furnishings of the old building were discussed. The consensus of the
Board was that the Director should establish a date after which the
building and all its furnishings become the responsibility of the City, to
dispose of according to their policy. A suggestion was made that items
which are of particular benefit to libraries be designated for sale or
distribution to libraries.
Suzanne Richerson has submitted to the City Council her resignation from
the Library Board as of July 1.
The Board's next regular meeting has been scheduled for the Large Meeting
Room of the new building (123 S. Linn). The date has been changed for this
meeting from the fourth Thursday, to Tum, June 23 at 4:00 p.m. Newly
appointed members for FY82 will also be invited to attend this meeting.
New and old members will dine together following the meeting.
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MAY 21, 1981
PAGE 3
Since Board members need to be well acquainted with the new building and
its service capabilities before the opening events, an informal
orientation meeting tour was scheduled for Wednesday, June 10, at 8:00 AM
in the new building.
I Acting upon staff recommendation and with approval of the City's legal
staff, the Board unanimously approved a contract with Servicemaster for
cleaning services in the building starting June 1, 1981. One correction
was noted in the language - Section V.b: "All materials, supplies and
jequipment not used by the Contractor shall be suitable, environmentally
safe and not harmful to the surfaces to which they are applied." Two
f Yr endly amendments were proposed - 1) Section VI.b. "Worker.
compensation..." and 2) Section VII.a. "The Contractor's on-site
supervisor...".
The Board enthusiastically approved the logo for the new library which was
designed by Dick Blazek, graphic specialist for the University of Iowa
Foundation, as a volunteer project for the FRIENDS of ICPL. A letter of
appreciation will be written to Blazek. Zastrow/Richerson.
The Board unanimously approved a written proposal prepared by Blums'
Blooms Ltd. for interior landscaping and its maintenance in the new
building. All areas except the Window Greenhouses for the second floor
were approved. Richerson/Immermann.
The meeting was adjourned at 6:35 P.M.
Susan McGuire, Recorder
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HOUSING APPEALS BOARD
MAY 14, 1981 8:00 A.M.
MEMBERS PRESENT: Goldene Haendel, Carol Karstens, Mike Farran
MEMBERS ABSENT: Rachel Dennis, Kathleen Graf, Mark Koenig, Rev. Leonard VanderZee
STAFF PRESENT: Judy Hoard, Dave Malone, Mike Kucharzak, Dave Brown
SUMMARY OF DISCUSSION AND ACTION TAKEN:
Chairperson Haendel called the meeting to order. Carol Karstens moved to approve
the agenda and Mike Farran seconded it. David Brown, legal advisor, stated for
information that some of today's cases would be dealing with the old code instead
of the new code and this should be kept in mind.
APPEAL OF MR. ROGER MRAZ
Others Present: Roger Mraz
Mr. Mraz is appealing the requirement of a minimum of 100 square feet for total
kitchen and dining area in an 8 -unit rooming facility at 1131 Third Avenue. Mr.
Mraz presented a diagram with exact measurements of the two kitchens which did
total over 100 square feet. Carol Karstens moved that the Board dismiss the
violation and Mike Farran seconded it. The motion was passed unanimously.
APPEAL OF MR. GARY FINK
Others Present: Gary Fink
Mr. Fink is appealing a violation of lack of natural light in two rooms of Units
3 and 4 of a building located at 114-116 E. Washington. Judy Hoard stated that
she had gone to these units yesterday to inspect them. Units 1 and 2 are rented
out as business storage. Unit 3 is using what is designated as a "dining room”
on the submitted diagram as a bedroom and Unit 4 is using the "dining room" as
a dining room. However, these rooms do receive indirect sunlight through openings
to both the kitchen andthe bathroom. Since structural correction of the problem
would deface the lovely apartments and asking the tenants to change the rooms
around to comply could cause mental anguish, especially to the older tenant,
Carol Karstens moved to dismiss the violation and Mike Farran seconded it. Mike
Kurcharzak stated that there would be a problem of not being able to site the
violation again on this property in the future if the violation were dismissed.
Mr. Kurcharzak stated that if upon reinspection the rooms had been changed or
structural correction had been made, there would be no violation. Carol Karstens
withdrewirst ion and ed that
that ah rulingdcouldest that the be made underrtherNew
Code. Mike Farran seconded it and it passed unanimously. Mr. Fink verbally
made the request for inspection and it is to be done today or tomorrow.
APPEAL OF MS. GRACE KELLY
Others Present: Ms. Grace Kelly and her daughter
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HOUSING APPEALS BOARD
MAY 14, 1981 8:00 A.M.
PAGE 2
Ms. Kelly was sited for failure to comply with the required location of a lavatory
near a toilet and came this morning to appeal for a variance. Judy Hoard stated
that this toilet had been installed because of medical problems. Ms. Kelly had
been directed to use the stairs as little as possible. There are also 2 full baths
in the house, one on the 2nd floor and one in the basement. Ms. Kelly is the ex-
clusive user of the toilet which is in violation. Ms. Kelly presented pictures and
stated the toilet was never meant to be a bathroom and was only installed because
of her health. Michael Kurchzak stated that we should document the files that
the toilet is for occastional use exclusively by the owner and its use was directed
by a doctor; therefore, a lavatory would not be required. Carol Karstens moved
that the Board grant a variance due to the exclusive use by the owner. However,
if the house is ever sold the variance would not apply. Mike Farran seconded it.
It passed unanimously.
APPEAL OF MR. JOHN ROFFMAN
Others Present: Mr. John Roffman
j Mr. Roffman is appealing a violation of no rental permit and a violation of over-
crowding of the property located at 507 Bowery St. Mr. Roffman admitted that
i he was ignorant to the fact he needed a permit, but he would get one. As to the
overcrowding violation, Mr. Roffman stated that he wished the Board to grant a
variance since 5 people living in his house did not constitute any health or
safety violations. The violation was due only to a change in the code. After
much discussion on the definition of the word "family", the Board upheld its
position that 5 people living in Mr. Roffman's dwelling constituted a rooming
house and he would have to apply for a rooming house permit. Carol Karstens
moved to uphold the violations and mike Farran seconded it. The motion passed
unanimously. Mr. Roffman stated that he would probably petition City Council
for a change in the definition of family as far as the Housing Code standards
go, but that he would apply for the permit.within the alloted 20 days.
Mike Farran made a motion to adjourn and Carol Karstens seconded it. Goldie
Haendel declared the meeting adjourned.
APPROVED BY:�%�e
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MINUTES
PLANNING AND ZONING COMMISSION
JUNE 4, 1981
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Blum, Jakobsen, Jordon, Horton, McDonald
MEMBERS ABSENT: SEWARD
STAFF PRESENT: Boothroy, Knight, Woito
RECOMMENDATION TO CITY COUNCIL: S-6106, subdivision .item for.an
amended Large Scale Residential Development plan of Emerald Court
Apartments located west of Emerald Street between Melrose Avenue and
West Benton Street, submitted by Edwin K. and Ethel D. Barker, was
approved by a unanimous voice vote.
Zoning items 8.10.35.1K and 8.10.35.1L.1, amendments to the Sign Ordinance
redefining facia signs and front wall were approved by unanimous voice vote.
Zoning items 8.10.3 and a proposed amendment to the Area Regulation of the
Zoning Ordinance regarding Rooming Houses were withdrawn from the agenda.
Proposed amendment to Chapter 22 of the Code of Ordinances and creation of
a Residential Mobile Home Zone was deferred until June 18th, 1981, meeting.
SUMMARY OF DISCUSSION: The meeting was called to order and there was no
public discussion or items not on the agenda. A correction to the minutes
of the May 21, 1981, meeting is the correct spelling 'Frances' to be
substituted for 'Francis' on pages 1 and 2. An addition to the minutes of
the May 21 meeting is to append to the end 'The meeting was adjourned to an
informal meeting for the purpose of informal discussion of the mobile home
ordinance.' The corrected minutes were approved.
SUBDIVISION ITEM:
S-8106. Public discussion of an application submitted by Edwin K. and
Ethel D. Barker for approval of an amended Large Scale Residential Development
plan of Emerald Court Apartments located west of Emerald Street between
Melrose Avenue and West Benton Street; limitation period: waived.
There was no visual aid for this discussion though one is available. There
were seven difficiencies and discrepancies listed which have been taken
care of. There was no discussion from the audience or the Commission.
S-8106 was approved by unanimous voice vote.
ZONING ITEMS:
Public discussion of a proposed amendment to the Sign Ordinance redefining
facia signs (8.10.35.1K) and front wall (8.10.35.1L.1).
A revised draft is available and corrected an error of an angle listed at
30 degrees which should have been 45 degrees to make the perpendicular.
This agrees with the new zoning ordinance. The subject amendments were
approved by unanimous voice vote.
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June 4, 1981
page two
Public discussion of proposed amendments to the Definition Section (8.10.3)
of the Zoning Ordinance regarding Rooming Houses and to the Area Regulation
of the Zoning Ordinance regarding Rooming Houses when located in a multi-
family zone, have been withdrawn from the agenda to give staff time to make
further revisions.
Mr. Dick Ziock pointed out that the higher density did not seem consistant
with the comprehensive zoning ordinance. Boothroy concurred with the idea
that the density was the problem and was going to try to come up with
something a little more practical. He Will probably have that ready for
the meeting of the 18th.
Public discussion of a proposed amendment to Chapter 22 of the Code of
Ordinances, and creation of an RMH (Mobile Home -Residential) Zone. There
was much discussion of the deferment of this item until the following
meeting. The further discussion of the item was postponed until the
June 18th meeting.
Tom Alberhasky brought up discussion as to who was responsible for the
proposed ordinance. The Commission asked for a zone that did not rezone
the area commercial and asked the staff to draft the ordinance.
Alberhasky again wished to know who was responsible for the ordinance.
The Planning and Zoning Commission took responsibility again.
Alberhasky said that although his attorney was not available he wished the
item be postponed and anything pertaining to this item be postponed till
the next meeting. He also stated that he wished to know how this ordinance
was created. He was advised, he stated, by his attorney to ask these
questions. He wanted to know who was qualified to come up with something
like this. He stated he thought there should be a good ordinance
without a doubt but here is something . . . it is bad.
A member of the Commission asked for his suggestions.
Alberhasky requested at the next meeting June 18th that time be set
aside for this. He wanted to give input and to bring in qualified people.
He stated again that his attorney could not be here tonight.
Blum asked who was his attorney. He replied that his attorney is Meardon.
Blum said he certainly has had every opportunity to determine the qualifi-
cations of the Planning and Zoning Commission. The Planning and Zoning
Commission are appointed by the City Council to advise the Council. The
qualifications are well known.
Alberhasky stated that there was a real problem with the draft of the ordinance.
He stated that he wished to wait till the next meeting to bring up specific
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June 4, 1981
page three
problems. Horton asked why he didn't bring out his comments at this
point. Alberhasky said he wanted to get a legal opinion.
The chairperson Jane Jakobsen stated that she would expect, should the
item be postponed, to have a list of objections in writing before the
next meeting. A long list of objections could not be discussed during
the meeting without prior examination.
Alberhasky asked to whom he would need to give this list in writing. The
chairperson suggested that he give them to her.
Jakobsen said that the ordinance had not been kept secret. Although she
had no objections to giving Alberhasky more time, she wished it made
known that the ordinance had been published in the paper and that they
had been working on it for at least 6 weeks. She reiterated that they had
no objection to waiting until the next meeting for further discussion.
Alberhasky stated that. he would like to have a little input because he
has had quite a bit of experience. He suggested that Meardon and Linda
discuss it before the next meeting.
Boothroy said that he thought the written statements should be ready in
time for the informal meeting of the 15th. He also suggested that rather
than objections, the written statements should be referred to as
suggestions.
Alberhasky thought that was fine. He stated that he was not there to
criticize but simply thought that he could offer his professional
assistance as he too wished to have a good ordinance. He thought that
the Commission should talk to a few people who have experience in the
field and stated that he had had more than 30 years. But he didn't wish to
be misunderstood and reiterated that he wished there be a good zoning
ordinance.
A member of the Commission wished to ascertain that he would come to the
next informal meeting. Alberhasky replied that he just wanted to help.
The next informal meeting will be next Monday,the 15th of June. Jakobsen
stated that the comments would need to be ready by then to be in the packet
of information for the Commissioners, by noon.
Alberhasky suggested they call him if they wanted his help. He promised
to work with Bill and Linda to make sure the Commissioners had the written
statement. Chairperson Jakobsen asked if there was any further discussion
from the Commission.
Boothroy said that he thought it should be pointed out that the draft
which the Commission had in hand was a revised copy. Descriptions of the
changes were minor wording changes and in open spaces requirements.
Some comments were made on the wording. A motion was made to continue the
discussion on the item for the next meeting. It was pointed out that the
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June 4, 1981
page four
ordinance had been in the Commission's hands for three years. Actually,
it was added, it had been around for 6 years and had been set aside for
a few years. There were 12 meetings around town and at each meeting this
ordinance was discussed.
I
Alberhasky said he hadn't been invited and was sorry about that.
Blum said that there .had been a mailing to every household in Iowa City
and every Iowa Citian was invited. The ordinance had not been kept a secret.
Alberhasky said it was probably one of the most critical actions of the
Commission and wanted to make his input known.
The motion to continue the meeting on this item for informal discussion
on June 15th and formal discussion on June 18th was carried by unanimous
vote.
It was noted that there is a new commissioner, Kevin Phelan, who was a
production manager at Thomas and Betts and had lived in Iowa City for about
four years. He was appointed Tuesday.
The meeting adjourned.
Prepared by�—�-
oan Crowe, Minute Taker
.e.
Approved by
Loren Horton, Secretary
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MINUTES
PLANNING AND ZONING COMMISSION
JUNE 18, 1981 - 7:30 pm
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Dick Blum, Loren Horton, Jane Jakobsen, Horst Jordan,
f John MacDonald, Kevin Phelan, and John Seward
STAFF PRESENT: Doug Boothroy, Bruce Knight
II
RECOMMENDATIONS TO COUNCIL
i
iProposed amendment to the Definition Section (8.10.3) of the Zoning Ordinance
regarding the definition of a balcony/deck and proposed amendment to Section
8.10.23C.6 excepting a balcony/deck from the yard regulations were recommended
for approval.
SUMMARY OF DISCUSSION
Zoning items regarding the Mobile Home Park Ordinance, and amendments to the
Zoning Ordinance Rooming Houses were deferred to another meeting. The new
minute taker, Joan Crowe, was introduced to the commission by Doug Boothroy.
The minutes of the last meeting will be on the next agenda for consideration.
Jakobsen asked if the minutes for December 4th were not approved. Boothroy
stated that they were found and were being sent around to the members. Jakobsen
i stated that the concern was due to a court case involving something in those
minutes.
I
ZONING ITEMS
Public discussion of a proposed Mobile Home Park Ordinance. Jakobsen stated
that she was under the impression that the commission agreed to defer this item
to the next regular meeting. Knight pointed out that there was a new page one
and page three with a new RMH zone which included some more uses. Page three
included a purpose statement which was pertinent to the discussion Monday night.
There are three parks currently non -conforming, since they are zoned non-
commercial. About 6 mobile home parks are not in compliance with Chapter 22.
Baculis, Thatcher, and Bon Aire mobile home parks are in compliance. There are
nine mobile home parks total. The three smallest are Hawkeye, Larson's and Iowa
City Trailer Park. As far as how many more would be made nonconforming, the
three that are currently conforming would probably remain so.
There was no further discussion so the item was deferred to the next regular
meeting, the first week of July.
Public discussion of the proposed amendment to the Definition Section (8.10.3)
of the Zoning Ordinance regarding Rooming Houses and the proposed amendment to
the Area Regulation of the Zoning Ordinance regarding Rooming Houses when
located in a multi -family zone were deferred. Boothroy said that they were
going to meet the following morning for further discussion on these amendments.
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June 18, 1981
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Public discussion of a proposed amendment to the Definition Section (8 10.3) the
Zoning Ordinance regarding the definition of a balcony/deck and of a proposed
amendment to Section 8.10.23C.6 excepting a balcony/deck from the yard
regulations. Boothroy explained t
the balcony/deck defined ashat the amendment was to add a definition of
extend above the level of the e platform without walls or roof and which does not
yard, provided these projections ground (first floor) may project into a required
be at least five (5) feet distant from the
adjacent lot line. The commission looked at the material provided.
Blum moved that they recommend both amendments to the City Council. Jordon
seconded. The motion carried unanimously.
ordinance was the other Public discussion of the possibility of a mandatory parkland dedication
Showalter to the commissiobusinessef also Pointedgoutothatofor the metin. thenco missionenhad
discussed parkland dedication several times in the past.
Boothroy stated that the ordinance would be part of the subdivision code and
would require a certain percentage of land area, if suitable to be dedicated to
parkland. Otherwise a fee could be assessed if there was no suitable parkland
in the subdivision to allow for acquisition of other parkland. This ordinance !
would be handled by submitting a draft ordinance for review after the mobile
home park zoning item was finished and would be attached to the subdivision
recommendation. It would require an additional step with the Parks and
Recreation Division review. The commission staff has discussed this and would
like to see what the commission thought of this matter.
Dennis Showalter and Boothroy discussed the proposed ordinance, and requested an
informal vote by the Commission to determine their feelings in pursuing the
matter before Showalter took it to the Parks and Recreation Commission.
Showalter stated that one of his concerns since he has worked here is that there
is no way to acquire neighborhood parkland. There is only 25% of the parks that
are needed according to the comprehensive plan, and there are 62 acres of parks
as opposed to the 250 acres necessary. There are high quality park areas close
by and there is open space. The major deficiency is that large parts of town
have no neighborhood parks; Showalter expressed concern that large subdivisions
will continue to be built with no provision for providing neighborhood parkland.
In the past, the proposed mandatory parkland dedication ordinance has not
received favorable comment from the City Council. However, Showalter again
emphasized that mandatory parkland dedication is the best way to provide parks.
There are two cities in
which
Showalter continued. These have not been achallengedrinacound rtdhowever,edicationland musforcet
be assumed valid. Parkland dedication is in effect in many other states and has
been very successful. Showalter offered facts and information which he would be
glad to furnish on request. The park by the armory is up for sale, Showalter
like indicated, and would be $142,000 per acres. With this as a starter fund he would
to take
Dodge Streets thatand
dwell repbulaceshothahborod taparkland rkland.Obeingv soldakgroe . at One Paof the
Problems of mandatory parkland dedication is
big enough. that the land donated isn't usually
MacDonald asked if Showalter was talking about donation or buying.
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June 18, 1981
Page 3
Showalter said donation. There is a density formula which would be used to
figure the amount.
MacDonald asked how many parks Iowa City has right now.
Showalter replied there are 29 parks; this is somewhat below the comprehensive
plan though comparable to the national average. This is not the suitable
neighborhood parkland which is needed, however.
Dick Blum said that this was under consideration and discussion at one time and
was received then with mixed reviews by both the Council and the Parks and
Recreation Commission. Blum stated that he felt it to be an excellent concept
but did not think that this was the appropriate time for it considering the
costs of housing and land in Iowa City. It might be counter-productive, he
felt, for the commission to tackle it right now, and it would be better to wait
until the economy improved. Blum continued that people might perceive it as an
insensitive ordinance due to the additional cost to the builder which will be
passed on to the homeowner for this dedicated parkland.
Showalter stated that he computed the additional cost per lot in 1978 and it was
$378 per lot. When is the economy going to be right, he questioned. 'Will it
ever be right. What the City should do is go out and buy parkland ahead of +
development but, they have not been able to accomplish this.' Showalter
explained that he felt that something should be established soon. Blum said
that one of the things we might do is volunteer park donation in exchange for
other consideration. Showalter said that this hadn't gotten many acres in
exchange for density, as they knew. Blum replied it was a tough question.
Jakobsen said that they would have to ask for staff assistance from the City
Manager concerning this. Boothroy said this was appropriate for the record.
Jakobsen said it was her feeling that the Parks and Recreation Commission should
look through this ordinance before the Planning and Zoning Commission did, if
the commission decided at this time to proceed with it. Then the Planning and
Zoning Commission would look at it and there would be a joint meeting following
that. However, it should be kept in mind that after the city attorney is hired,
this commission is going to take off on the new zoning ordinance, and Jakobsen
assumed it would take at least a year of the working time of the commission.
Boothroy added that it was not known how long it would take to hire a city
attorney.
Jakobsen said it was reasonable to have the Parks and Recreation Commission look
at it first. Showalter said that they had not anticipated meeting on it until
August. He asked for a joint meeting in August. Jakobsen said that the second
week in August would be her vacation and she thought that the commission would
like to work at their own pace so it would probably be until September til they
got to it. These are her personal considerations, but the feelings of the
commission were not known to her at this point. Previously, she stated, they
were quite anxious about it but they got little interest from Parks and
Recreation. Showalter said he understood that to be true. Jakobsen said the
impetus just hasn't been there. Boothroy said the comprehensive plan goes back
to 1975. Showalter added that 1974 was the date of the neighborhood report.
Jakobsen said that they have not been able to fit the pieces together,
regardless.
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Planning & Zoning Cot ssion
June 18, 1981
Page 4
Showalter asked for an informal consensus of opinion on the matter. Jakobsen
stated that she wasn't sure they wanted to make a statement at the present
meeting. Showalter explained that he just wanted some guide as to whether the
proposed ordinance was worth spending staff time on.
MacDonald stated that initially he would be opposed to it. Showalter asked if
it was because of double taxation. MacDonald said that it was asking a
developer to give up a percentage of that land. He reasserted the high cost of
land was critical. He stated he personally thought there were some nice parks
in Iowa City. He pointed out that what would happen now in any neighborhood may
be changed entirely over a 15 or 20 year time period. It is therefore difficult
to determine if these parks would be needed in the future.
Horton was in favor of the investigation into mandatory parkland dedication.
Horst was also in favor. Phelan spoke in favor. Jakobsen recapitulated the
informal discussion, there were three for and three against and one abstention.
Showalter said he would furnish as much information as they need. This has been.
an informal presentation, he added, and he was just asking for an informal
feeling.
Jakobsen said that she thought if they were finished with the zoning ordinance
and the economy were better, they would be more interested in pursuing it.
Boothroy asked if the staff were going to be needed on this. Jakobsen said they
were not going to require staff assistance.
Dick Ziock spoke in favor of the ordinance. Things are bad now, he stated,
interest rates are high but there hasn't been a time in the past 15 years when
interest rates haven't been bad. Granted, he added, there are problems in the
housing industry, but this industry is cyclical. He explained that the
Commission shouldn't be unduly influenced by the cost of housing due to these
facts. Mr. Ziock then pointed out that it seemed to him that the Commission was
bending over backward to suit a developer by not requiring trees or parks.
Jakobsen said it was primarily the workload she objected to.
Ziock said that he thought they should preserve a few principles and the purpose
of the zoning ordinance is to preserve the beauty and density that we already
have. He pointed out that it would be a mistake not to consider mandatory
parkland dedication just because a few builders are suffering.
Bruce Glasgow appeared to state that he concurred with the Commission's decision
to delay work on the mandatory parkland dedication ordinance.
Jakobsen asked for other business. She then welcomed the new commission member
Kevin Phelan.
The meeting was adjourned.
4
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June 18, 1981
Page 5
Prepared by�(ifar�
J%oan Crowe, Minute Taker
Approved by 1-zL4e,
Loren Horton, Secretary
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MINUTES
IOWA CITY HUMAN RIGHTS COMMISSION
JUNE 22, 1981
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: McCartt, McGuire, Turner, Watson, Yates
MEMBERS ABSENT: Barcelo (excused), Baumgartner (excused), Portman
(excused), Reyes (excused)
STAFF PRESENT: Helling, Williams, Woito
RECOMMENDATIONS TO CITY COUNCIL
None.
RECOMMENDATIONS TO CITY MANAGER AND STAFF
Williams to write procedure for monitoring conciliation agreements. The
procedure will then be reviewed by the Commissioners for their input. Helling
to provide the Commissioners with information dating back to 1977 regarding the
City Council's position on amending the Fair Housing Law to include marital
status and sexual orientation. Helling to provide the Commissioners with a copy
of his draft on the City Council's Communication policy after the City Council
receives their copies.
SUMMARY OF RELEVANT DISCUSSION
1. Meeting called to order by Vice -Chair Linda McGuire at 7:42 PM.
2. Turner moved and McCartt seconded that the minutes of May 27, 1981, be
accepted as submitted. Passed unanimously.
3. Complaints Pending.
A. E/R, 7-10-7906 and E/R, 7-10-7907. McGuire did not take over as
chair. The entire conciliation team met on June 22, 1981, and are
attempting to determine the strength of their case. Turner will write
a summary of the case and give it to Woito for her review and input.
The team will meet either Friday, June 26 or Monday, June 29 for the
purpose of writing the format of the conciliation agreement.
B. E/R, 9-18-7809. No report. McCartt will get the Complainant's phone
number and address from Williams.
C. E/S, 1-2-8101 and E/A&S, 1-2-8101. The Respondent has not yet signed
the conciliation agreements. Signatures are expected soon. Watson
wanted to know the usefulness of letters of apologies from insincere
Respondents. The general concensus was letters of apology are
requested because they make the Complainants feel better and
furthermore the Commission through the enforcement of the non -
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discrimination ordinance cannot change a persons feelings but can
only control and monitor their conduct.
0. H/N0, 1-20-8101. The Complainant signed the conciliation agreement
with Williams as a witness. The Respondent's attorney called the week
of June 15 and asked a question regarding the conciliation agreement.
The question was answered and signatures from the Respondent are
expected soon.
4. Cases Opened. One case has been opened thus far in June.
5. Cases closed.
A. PA/S, 4-3-8101. Closed by Civil Rights Specialist because
Complainant did not respond to certified letter requesting her
cooperation which was needed to continue the investigation.
6. Cases in Legal.
� A. E/S, 7-2-8005. Woito indicated this case will be returned shortly.
,
B. PA/R, 11-4-8007. This case will be in Legal by July 1.
Z
C. PA/R, 12-31-8008. This case will be in Legal by July 1.
i 1
7. Public Service Announcements. McGuire, McCartt and Yates have yet to tape j
their their PSA's, but will do so prior to the July Commission meeting.
8. Iowa City Public Forum. No Committee report. I
i
9. Non-discrimination ordinance - Housing. Helling indicated the City
Council was still against amending the housing section to include marital
status and sexual orientation. McGuire voiced her concern regarding the
City Council's response to this issue prior to the Commission presenting j
them with a proposal. Turner emphasized the Commission at this point is
only concerned with keeping statistics on complaints outside the
Commission's jurisdiction and passing that information along to the City
iCouncil for the purpose of making them aware of potential problems.
10. HUD Equivalency. The City Council approved the Commission's application
for HUD Equivalency. A resolution was adopted and the City Manager sent a
cover letter along with the application and its attachments.
11. Monitoring Conciliation Agreements. Williams talked to the Director of the
Cedar Rapids Human Rights Department about the way they monitor their
conciliation agreements. It was decided Williams would write a procedure
for Iowa City and the Commission would then review it and make whatever
changes they deemed appropriate.
I
12. Communication Policy. Copies of the_ draft Helling wrote on this policy
will be made available to the Commissioner's once the City Council receives
their copies.
Wo
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13. Staff Report. The previous month's activities were reviewed by Williams.
14. Hawkeye CableVision - "Free Forum". Turner will watch this program and
give a report at the next Commission meeting.
15. Commission Vacancy. The July meeting will be Yates last meeting. Yates
will write a letter of resignation by June 24, 1981.
16. Yates moved and Watson seconded that the meeting adjourn. Passed
unanimously at 8:45 PM.
17. Next Commission Meeting: July 27, 1981, 7:30 PM, City Manager's Conference
Room. Agenda setting: July 20, 1981.
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Members Present
Member Absent:
Staff Present:
Guest Present:
IOWA CITY MUNICIPAL AIRPORT COMMISSION
June 11, 1981
Iowa City Civic Center
Redick, Phipps, George, Sauegling
Dieterle
Zehr, Brown, Wright
Norval[ Clemons
Chairperson Redick opened the meeting at 7:40 p.m. The minutes of the
May 14th meeting were considered and approved.
Manager Zehr presented the bills for the month and explained them briefly..
They included final bills, less 10$, for construction of the corporate hangar.
He asked for instruction as to how to formalize final approval of the new Hangar.
The commissioners decided to inspect the hangar individually and contact Zehr
with their comments and/or approval. Phipps moved to approve the bills for
payment; second by Sauegling; all voted aye.
Zehr presented an example of the statements that are currently being sent to
renters and also showed some pictures of the airport.
Zehr introduced Norvall Clemons, who showed drawings and explained his proposal
for building T -hangars on the airport property. These could be built for less
than $5000 per hangar space, and would be built, maintained, managed, and
insured by the owners. They would ask the airport to furnish taxiways and
ramps, and would request a 20 -year lease for the land. Possible locations for the
hangars were discussed. The commissioners asked Zehr to meet with Clemons and
work out a package to be presented to the next meeting.
Zehr distributed copies of a resolution which will be presented to the City Council,
requesting $35,000 from the General Fund, to be added to $40,000 which the
Air10% match in
overlay of Rurt ission nway 17135. currently
will providee90% of the estimated local
funds
the
total cost of
$755,000.
Zehr explained plans which are being made to hold a Fall Fly -In Breakfast at the
airport on Sunday, August 30, and asked the Commission's agreement to the plan.
He has met with the Sertoma Club, the Iowa City Aviation Association, and the
Iowa City Flying Service, who will help with the project. There should be little
expense to the Airport Commission. The members were enthusiastic about the
project.
Zehr then asked for permission to extend the fence on the south side of the
terminal building to enclose the runways and prevent cars from driving out onto
the runway. Sauegling moved to authorize Zehr to extend the fence; second by
Phipps, all voted aye.
Zehr presented a proposal to buy a used Sony phone answering device for $165
plus the trade in of the present device. The unit would provide much better
service than the present one, and the commissioners agreed to the purchase.
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Iowa City Municipal Airport Commission
June 11, 1981
Page 2
Zehr reported he and Attorney Brown are working on the updating of the
Minimum Operating Standards and will attempt to finalize them and the new
lease development by October of'1981.
Zehr asked for volunteers to take urgent calls during the last week in July
while he -is on vacation. Phipps and Redick agreed to do so.
Chairman Redick reported she and Dieterle have Inspected the new corporate
hangar and were highly impressed with the building. She urged the other
commissioners to go and see it also.
Redick also reported she and Zehr have received several calls from the public
during the past month about noise from the airport. Zehr related that he has
met with one of the concerned citizens and explained the plans for dealing with
the problem. That party is now ready to help In some way, and Is. willing to
organize a support group.
The meeting adjourned at 8:45 p.m.
Recorder: Priscilla Wright
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-3oard of. Directors :�retiw;
;:nnd+ry, wrll ?7, !'i%%'• 7:00 .mr
9oard ::embers ?resent: Judy :'P.11y, Jan Loran, Jeff ':c:::':i�ion, heal :iurris,
:Ince 9raverman, :lap "ohanan, John Nurray, an:'. 'aul ::cJuc,
aoaru :lembors absent: .,elms Connors, '!oberta 7atrick, Dennis ?:edCe s, L'nry
Larew, Nina ^.nail ton, and Jessie ?ienry.
Guests: Varz;aret :._rray, 1,31eanor Murray, David Hurray, 2ric Pauls, and
Rod Blair,
Staff Present: Jia Swaim, Peg UcElroy, Craig 'lunderlich, ?at :ligate, and
Bill Neurbern.
The Neetino was called to order by Paul :McCue, Tile minutes from tile
"arch 30, 19£31 meetin„ were unanimously approved, upon Judy's motion, and
Janrs'second.
The staff ,resented the Quarterly Report and the Directors report, both
of which highlighted:
1. A very active role in family conflict resolution,
^_. Increased activity in peer counseling groups in Solon. and Lone Tree,
j. Use of Sabin for volleyball and basketball.
't, .1 503 increase in rase loads, due to more intensive wort. wit'a groups and
increased referrals, which has made it more difficult for the staff to '_•eep up.
5. Synthesis has many projects going on, and has had regular cablecasts.
Me ;uarterly Service report was approved, upon a motion by Jan, and
a second by 11.
Old .^,usiness
Ji_n reported u)on fund raising efforts, using a corporate report tLat
will ,resent info_-7ation in a format understandable to private business.
Jim retorted that letters from various prominent members of the community
expressing both widespread community support and the impact U1Y and Synthesis
Lave on the community have been recieved and will be used. There are about
M _proposals for projects to be funded, and each proposal will be tailored
to each target funding source, :.'ace moved, Al Seconded, that the President
anpoint a subcommittee to help prepare and approve the corporate report in
order to timely have it published; notion approved.
Guest Rod Blair reported that he was involved in putting on a United
'lay telethon, using Synthesis, :dost of the talent has alrerdy been lined up.
Bill reported that the Synthesis move had gone well, and that the
present location has better sound proofing than the old location, and no
noise ;uoblem seemed evident.
Peg reported on the :inance Report, She stated that it was a typical
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;porter. Inarrased interoot .vas cnrnnd due to !re^ir.� r_one i
oo:rrlb7.o, C,on mo';iby J on _.osi„
,n3 n , rover!, To:ul, ane. srcon � _.. ,y ..eal, the re ort
"ew 1179 iP.e93
The G.:rats at thn meeting er_ressca their strong interest in increasing
t!:e services provided by Synthesis, including having a sound studio coordinator
to not only provire technical assistance, but to counsel as well, :•!embers
of the board requester! the o ests ;resent to meet with the staff prior to
the nest meeting to discuss their needs, as well as the constraints of UiY,
and for both the nests and the staff to re_ort at the nest meeting, Jan
Lown and Jolua 2•.urray are to meet with the guests and staff, as board representatives,
?se to the npcoming board elections, 'Iaca moved, seconded by 'deal,
the ?resident appmmt at
a,,)--j; a subcommittee of not more than two board members to
develop a. slate of candidates, ""ic'• -vas ap2roved,
"ace j volunteered his hone for the location of the 20t-lucic meeting to
be 'held at 6:00 ,-•m on the 18th o:" ;•lay,
ap zovedlimoved to adjourn, ui=ich ..as seconded by ;_l, which uas unanimously
� j
:after the official meeting the new Synthesis studio was available for
inspection,
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Submitted by Alan Bohanan
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