Loading...
HomeMy WebLinkAbout1980-12-02 Bd Comm minutesMINUTES SENIOR CENTER COMMISSION CITY MANAGER'S CONFERENCE ROOM OCTOBER 2, 1980 -- 3:00 P.M. PRESENT: L. Carlton, M. Clover, M. Kattchee, G. Scott, W. Summerwi11, J. Williams ABSENT: D. Hebert STAFF: L. Benz, B. Meisel GUESTS: None Scott called the meeting to order. The minutes were approved with the following change in the third paragraph: "A sump pump must be installed. A water fountain is needed on the mezzanine." PUBLIC DISCUSSION None. OPEN DISCUSSION Mayor Balmer mentioned to Meisel the City Council's hesitancy in making the Senior Center Commission appointment, since there was only one applicant. This in no way casts doubt on the new commissioner's ability, but, rather, the City Council would like to encourage more than one applicant for future appointments in order to have a true selection process. The Commission may want to consider developing and retaining a pool of individuals who would be interested in serving on the Commission. In this way, the Commission would be prepared to refer individuals to apply. NEW COMMISSIONER Don Hebert has been appointed to the Commission, and will complete Bill Ambrisco's unexpired term which ends December 31, 1980. An orientation session will be arranged before the next Commission meeting. OPERATIONAL HANDBOOK Table of Organization: The second draft of the Table of Organization seems to inappropriately emphasize the relationship of the Senior Center Commission and the Board of Supervisors. Kattchee recommended that the first draft be revised slightly to reflect the 1 advisory relationship between the County and the City, as well as with the Senior Center Commission. Administration and Personnel: Clover asked for a clarification of the volunteer position descriptions. Position descriptions will be developed for each category of activity to which a volunteer would be assigned. This would be an aid in effectively recruiting, training, supervising, and retaining volunteers. alae i MICROFILMED BY JORM MICR+LAB 9 CEDAR RAPIDS • DES MOINES 0 2 !^i In addition to editorial comments, the following changes were made: 2.42(4) Visits to other senior centers and Programs, 2.5(9) Assumes responsibility for developming and carrying out plans for emergencies. 2.51 Should be more specifically defined and expanded so that the qualifications for the position are commensurate with the responsibilities, and compatible with 2.61, the qualifications for the Program Specialist. Williams moved and Summerwill' seconded a motion that the Coordinator's required qualifications be rewritten to reflect these changes, and recommended to the City Human Relations Department for adoption. Unanimously approved. 2.7(12),(13) Functions of the Confidential Secretary "II identified in (12) and (13) will be reviewed for consistency and compatibility with policies developed in the Facility Management section of the handbook. 2.8 All references to this position should be a Maintenance Worker II. 2.8(10) This function will be reviewed for consistency and compatibility with policies developed in the Facility Management section of the handbook. e cost less to use se a aout crewhofnmadfor a eintenancpeopleecific ? aM Meisel stated t that I this has been considered, but the difficulty is that a janitor is needed throughout the da y -not just The janitor needs to be available and flexible rfor tasks such as routinecleani and moving furniture, etc. I The draft of the next section of the handbook, Senior Center Programming, will be ready for review and comment by October 20. Scott, Williams, Clover and Carlton will serve on the committee to review that draft. SENIOR CENTER CONSTRUCTION Ecumenical Housing has received HUD approval to build the housing. Demolition of the loading dock should begin this week, and will be belcomby pletedthe Ciny365odayDBorfanpenaltynwillction of the be imposed. hFences have been erected in the parking lot to separate the two construction crews and their materials. The following change orders have been received: 1. Reinstallment of fire hoses will cost $8,000. used for localized fires. O• These would be MICROFILMED BY JORM MICR+LAB i'. f, CEDAR RAPIDS • DES MOINES m i, 3 r� 2. The sump pump has been installed. 3. The ceiling has been lowered two inches on the ground floor to accommodate the duct work. However, this will not be an additional cost. 4. The water fountain issue has not yet been resolved. There is a significant difference in cost, depending on the design. 5. The architects have recommended adding wall coverings to the restrooms above the tile, and on one wall in the kitchen. This would make maintenance much easier, and was an approved alternate. SERVICE PROVIDERS MEETING Clover, Scott and Summerwill attended this meeting. 25 agencies and organizations were invited to send representatives, and 17 providers participated. Clover stated that she has received feedback from providers who feel that it is a productive and worthwhile activity which will help make the Senior Center more tangible and meaningful. Additional compliments were received by the staff with the encouragement to continue these efforts. The meeting was adjourned at 4:45 P.M. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i alb 0_.� �fI I ,I is i I I s i, 3 r� 2. The sump pump has been installed. 3. The ceiling has been lowered two inches on the ground floor to accommodate the duct work. However, this will not be an additional cost. 4. The water fountain issue has not yet been resolved. There is a significant difference in cost, depending on the design. 5. The architects have recommended adding wall coverings to the restrooms above the tile, and on one wall in the kitchen. This would make maintenance much easier, and was an approved alternate. SERVICE PROVIDERS MEETING Clover, Scott and Summerwill attended this meeting. 25 agencies and organizations were invited to send representatives, and 17 providers participated. Clover stated that she has received feedback from providers who feel that it is a productive and worthwhile activity which will help make the Senior Center more tangible and meaningful. Additional compliments were received by the staff with the encouragement to continue these efforts. The meeting was adjourned at 4:45 P.M. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i alb 0_.� �fI MINUTES SENIOR CENTER COMMISSION CITY MANAGER'S CONFERENCE ROOM NOVMEBER 6, 1980 3:00 P.M. PRESENT: L. Carlton, M. Clover, D. Hebert, M. Kattchee, G. Scott. ABSENT: W. Summerwill, J. Williams. STAFF: L. Benz, B. Meisel. GUESTS: None. Chairperson Scott called the meeting to order. Hearing no objections, the minutes were approved as mailed. Public Discussion i None. Open Discussion Clover reported that she had talked with Arnie Arneson. He has indicated a willingness to apply for a Commission position if vacancies occur in the 'future. His name will be added to the list that is being maintained for this purpose. Meisel "stated that the City and Elderly Services Agency are involved in working out an arrangement regarding snow removal for the elderly. Elderly Services Agency has hired a part-time chore coordinator, and has received $10,000 from the Johnson County Board of Supervisors to purchase chore equipment. The City will lend Elderly Services Agency two snow blowers and make referrals•to Elderly Services Agency. Elderly Services 'Agency will have both volunteers and chore workers for hire to provide snow removal. Operational Handbook The draft of Section 3 - Senior Center Programming was reviewed by the Commission. It was approved with the following changes: 3.22(1) Long-term care services such as facility selection, placement, available services, residents' rights, personal and family adjustment, the appropriate use of long -ter care, methods of payment, etc. 3.22(6) Remove the phrase "such as LINK". 3.22(9) Coordination of transit services includin SEATS, Iowa City, Coralville, and inter -county bus service for the elderly. 3.36 Applications for use of available office space will be received by staff and reviewed by the Senio Center Commission. The Johnson County Board of Supervisors will be consulted before MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 91 i Senior Center Commission November 6, 1980 Page 2 direr ecting the recommendation to the Iowa City City Council for final approval. 3.45 Programming and operation input will be -actively solicited on an ongoing basis as indicated below. Remove points 1 and 2, and proceed directly to a and b. 3.45(d)(4) Use of cable television programs and radio programs. Staff Goals and Objectives Meisel distributed the Program Division Statement which each City Depart- ment prepares and presents to the City Council in conjunction with their budget. Meisel explained the proposed fiscal year 1981 budget which is designed to reflect various service levels, including 5% and 10% reduction of the budget. The cuts are made as reductions of the total budget, but Meisel can exercise discretion as to which areas of the budget are cut. The Commission will be kept informed as the budget review process continues. Carlton moved and Kattchee seconded a. motion that the Commission indicate its support for the preliminary budget to the City Council. Unanimously approved. Senior Center Construction Update 'Meisel announced that the elevator has arrived despite the elevator strike. G. Scott stated that she had heard that Ecumenical Housing Corp. plans to use the connecting entrance to the Senior Center as an emergency exit for. handicapped residents on the first floor of the housing. Meisel will investigate this further. Report of Annual Meeting G. Scott, attended the annual meeting of City commission chairs and reported on the progress of the Senior Center, and activities of the Senior Center Commission. She stated that the total group was very receptive to her report, and seemed quite interested in the status of the Senior Center. The meeting was adjourned.at 4:50 p.m. Prepared by tdri onz/Senior enter Program Specialist. Mic�ael Kattchee, Sicretar MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i i MINUTES BOARD OF ADJUSTMENT AUGUST 19, 1980 CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Harris, Hall , Vanderhoef, Bartles MEMBERS ABSENT: Baldus STAFF PRESENT: Boothroy, Tyler, Frantz, Woito FORMAL ACTION TAKEN The Board moved to grant the variance to Section 8. 10. 23.B.2 for the following reasons: (1) the original misplacement of the house on its lot, and (2).the unique solar heating and cooling provisions of the proposed addition. The above conditions when related to yard regulations of the ordinance would prevent a reasonable arrangement of this building on the lot. The variance is granted for the con- struction of the solar heated addition as detailed in the building permit application. Copies of the plan, thus referenced as a condi- tion to this variance, are to be attached to the decision as an integral part thereof. SUMMARY OF DISCUSSION Harris called the meeting to order. Wioto called the roll. Minutes of April 28, 1980 were reviewed and amended to read "SUMMARY OF DISCUSSION" rather than "RECOMMENDATIONS TO COUNCIL." Minutes were approved as amended. VARIANCE ITEM VV -8_ Public hearing on an application submitted by Karen Redus for a -variance to Section 8.10.23.B.2 of the Zoning Ordinance to permit the construction of an addition to the back of the existing house. Boothroy explained the Staff recommendation to deny the variance. The apolicant's house was built in approximately 1961 prior to the enactment. of the current zoning ordinance which requires that on corner lots the required front yard restriction apply to both streets. The house is non -conforming with regard to the yard regulation.This situation is not unique. The existing setbacks for the applicant's house are 25 feet from Western Road and 10 feet from California Avenue. The lot size is 65 feet by 150 feet and there is more than sufficient area to accomodate an addition behind the existing house. The variance, if approved , would extend the existing non -conformity. Boothroy added that an applicant for a variance must show an unnecessary hardship. In this case, the applicant can construct an addition on the property, and therefore there is no convincing proof that it is impos- sible to use the property in a conforming manner. He suggested that the Board might consider incorporating within the new zoning ordinance provisions whereby special exceptions may be granted for the extension MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 91 N i MINUTES BOARD OF ADJUSTMENT AUGUST 19, 1980 CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Harris, Hall , Vanderhoef, Bartles MEMBERS ABSENT: Baldus STAFF PRESENT: Boothroy, Tyler, Frantz, Woito FORMAL ACTION TAKEN The Board moved to grant the variance to Section 8. 10. 23.B.2 for the following reasons: (1) the original misplacement of the house on its lot, and (2).the unique solar heating and cooling provisions of the proposed addition. The above conditions when related to yard regulations of the ordinance would prevent a reasonable arrangement of this building on the lot. The variance is granted for the con- struction of the solar heated addition as detailed in the building permit application. Copies of the plan, thus referenced as a condi- tion to this variance, are to be attached to the decision as an integral part thereof. SUMMARY OF DISCUSSION Harris called the meeting to order. Wioto called the roll. Minutes of April 28, 1980 were reviewed and amended to read "SUMMARY OF DISCUSSION" rather than "RECOMMENDATIONS TO COUNCIL." Minutes were approved as amended. VARIANCE ITEM VV -8_ Public hearing on an application submitted by Karen Redus for a -variance to Section 8.10.23.B.2 of the Zoning Ordinance to permit the construction of an addition to the back of the existing house. Boothroy explained the Staff recommendation to deny the variance. The apolicant's house was built in approximately 1961 prior to the enactment. of the current zoning ordinance which requires that on corner lots the required front yard restriction apply to both streets. The house is non -conforming with regard to the yard regulation.This situation is not unique. The existing setbacks for the applicant's house are 25 feet from Western Road and 10 feet from California Avenue. The lot size is 65 feet by 150 feet and there is more than sufficient area to accomodate an addition behind the existing house. The variance, if approved , would extend the existing non -conformity. Boothroy added that an applicant for a variance must show an unnecessary hardship. In this case, the applicant can construct an addition on the property, and therefore there is no convincing proof that it is impos- sible to use the property in a conforming manner. He suggested that the Board might consider incorporating within the new zoning ordinance provisions whereby special exceptions may be granted for the extension MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 91 N BOARD OF ADJUSTMENT AUGUST 19, 1980 page 2 of a nonconformity absent a showing of unnecessary hardship, if they had not been found to be against the public interest and are not objected to by other property owners in the neighborhood. However, under the present Zoning Ordinance, the granting of an exception to a single owner would seem inequitable. Therefore the Staff recommends that the application for the variance be denied. John Cruise, attorney representing Redus, explained that the house is located at 2101 Western Road, at the southeast corner of the intersection of parteofern theRoad Fairand Meadowsfornia Avenue. The Addition. The additionswasas built designedibyl961 as Central States Energy Research Corporation. The plans include a recreation room which would use passive solar heat, a green house, and a storage, area. Furman Construction Company made the lowest bid at $21,769.00 for the addition. Furman Construction began digging prior to requesting a building permit. The request was denied because the side yard is subject to the front yard requirements of Section 8.10.23 of the Iowa City Code of Ordinances which states that corner lots must meet the front yard requirements of twenty-five feet for the side which faces the street. Cruise stated that there were several reasons for granting the variance. The garage is already non -conforming and the addition simply follows the non -conformity of the garage. That this is a quiet neighborhood therefore the danger of cars running off the road and colliding with the house is minimal. Also that the addition would not block visibility at the inter- section. Aesthetically, the long, narrow lot provides a "set back" appearance for cars approaching from the West. Little likelihood exists of widening the street to four lanes because it is a quiet neighborhood and because it is only four blocks from Sycamore which is four lanes. Therefore, the major reasons for requiring the 25 foot setback do not exist in this situation. The house itself was originally misplaced on the lot. The building permit was issued as an interior lot which was a mistake on the part of the builderng ancornerr lot. Aector. The clat showed conlusivel cording to thecexisting code at that time, the side yard requirement was 20% or, in this specific case, 13 feet. The actual placement of the house created a 10 foot side yard. So, even at the time of construction, the house was noncon- forming. Cruise further argued that the addition caused no harm to the public interest and that in fact, the addition would benefit the neighbor- hood. He added that Redus would suffer hardship because of the additional expense of redesigning the addition if the variance is not granted. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES BOARD OF ADJUSTMENT AUGUST 19, 1980 page 3 James Schoenfelder, architect for the addition from Central States Energy Research Corporation, explained that the addition was designed on a passive solar heating and cooling concept. He stated that solar access and summer shading were crucial to the design. If the addition was placed elsewhere on the lot, the natural shading from existing trees may be lost. He added that the circulation pattern within the house would also be disrupted. The present design also includes a courtyard - patio area which would be lost if the addition ilocation was changed. Cruise stated that the addition would simply extend the existing house and cause no obstruction of the view. He added that the addition would be located about 50 feet from the back lot line and that the nearest neighbor would be 200 feet away. Hall ascertained that California Avenue was built in 1972 or 1973 and that Redus purchased the house four years ago. Joe Reddout of 2035 Western Road testified that as a neighbor he would encourage the construction of the addition, especially to en- courage solar heating. In answer to Bartels' question, he stated that he had no personal objection to the addition and that as far as he knew none of the other neighbors objected. Harris asked for clarification on the permit denial. Boothroy stated that frequently dontractors drop off permit applications, assuming they will be approved, and begin work without actually obtaining the permit. This appears to be the case in this situation. Bartles asked what financial outlay had already been encumbered. Criuse responded that the contractor had dug the foundation before he was informed that the permit was denied. Subsequently the excavation had been filled in. Redus had only paid $550.00 at this point. Hall added that there would be an additional cost to redesign if the permit were denied. Bartles questioned whether the house would have conformed to the 1960 ordinance. Boothroy responded that the side yard requirement would have been 13 feet or 20% of the lot, therefore the house would not conform being located 10 feet fron the street right-of-way. Vanderhoef stated that granting exceptions to a single owner was in- equitable. He expressed the desire to discuss the new Zoning Ordinance and the possibility of allowing exceptions without proving hardship. Woito pointed out that Planning and Zoning wanted public imput on the new Ordinance and that it was appropriate for the Board to have imput. i MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 1 i BOARD OF ADJUSTMENT ? AUGUST 19, 1980 page 4 t Woito stated that unless the applicant can show a unique physical con- + dition, non-conforming structures should not be extended. She pointed to sections 8.10.21 and 8.10.21.E. Harris raised the concept of emphasizing passive solar designs as having ) certain requirements and that in this particular case, to move the addition would be very difficult because of the trees, although it ; would be possible to buy new trees. fie stated that he would consider granting the variance on the condition that passive solar heating and 1 cooling system be implemented. I Bartles stated that she was somewhat amenable since it appeared to be a misplaced house and considering the unique demands of solar heating. However, she was bothered by extending a non-conforming structure. She pointed out section 8.10.21.E. Hall stated that he was reluctant to go against the Staff recommendation, but that practically the Staff would like the ordinance changed and that he did not like to see the applicant lose the construction time while is waiting for the ordinance to change. Boothroy stated that he saw nothing unique about the Redus request. He pointed out that passive solar systems could be regulated with awnings j i and devises other than trees, therefore this case presented no special hardship. He added that although Staff felt that the new Zoning Ordinance needs to be examined in regards to granting exceptions without proving hardship, he felt that there was a need to operate within the due process of the law. Therefore, that because the present Zoning Ordinance requires proof of hardship, this application should be denied. Harris stated that he saw a financial hardship if the trees had to be replaced. Bartles added that the trees seemed necessary for the design _ to work. Bartles moved and Vanderhoef seconded that the Board grant variance to Section 8.10.23.8.2 for the following reasons: (1) the origianl misplacement of the house on its lots, and (2) the unique solar heating and cooling provisions of the proposed addition. The above conditions when related to yard regulations of the ordinance would prevent a reasonable arrangement of this building on the lot. The variance is granted for the construction of the solar heated addition as detailed in the building permit applica- tion. Copies of the plan, thus referenced as a condition to this variance, I are to be attached to this decision as an integral part thereof. The motion carried unanimously. Harris expressed the desire to hold a Board of Adjustment meeting to review the new Zoning Ordinance. He took responsibility for distributing copies to the other members. He also requested ten copies of plans for rules for timely filing to be given to Schmeiser. a r MICROFILMED BY JORM MICR+LA9 " Y CEDAR RAPIDS - DES MOINES 7 BOARD OF ADJUSTMENT AUGUST 19, 1980 page 5 Meeting adjourned. Prepared by Andrea Ty er Minute taker r Approved bye �J Don Schmeiser Secretary to Board of Aclb�tment MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES �r BOARD OF ADJUSTMENT AUGUST 19, 1980 page 5 Meeting adjourned. Prepared by Andrea Ty er Minute taker r Approved bye �J Don Schmeiser Secretary to Board of Aclb�tment MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MINUTES IOWA CITY BOARD OF ADJUSTMENT SEPTEMBER 9, 1980 CIVIC CENTER LAW LIBRARY MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Harris, Baldus, Bartels, Vanderhoef, Hall None Boothroy, Schmeiser, Woito FORMAL ACTION TAKEN: That the following recommendations be incorporated into Section 1-65 of the proposed new Zoning Ordinance: 1. Paragraph (f)(3) be deleted and the wording from Chapter 414.12(3) of the State Code of Iowa be used in its place. 2. Paragraph (b) be changed to read "when applications are pending before the Board, meetings of the Board shall be held at least once a month. ." 3. Paragraph (f)(2) be changed to read ". . .in accordance with the general regulations of the zone and the specific standards contained herein. ." 4. Paragraph (f)(2)(d) be changed to read "the Board may impose appropriate conditions and safeguards including but not limited to planting screens,. . .and. . .finding that they are necessary. . . ." 5. Paragraph (e)(1) be changed to read ". .by filing with the City Clerk a notice of appeal. ." That, except for the recommended changes to the proposed new Zoning Ordinance, we (the Board) believe the proposed Section 1-65 is desirable and in the best interest of the City. That the following rule of procedure be adopted: "All applications to the Board shall be taken in a reasonable time and filed with the City Clerk." That the section of the proposed zoning ordinance regarding the duties of the Building Official include wording which indicates all decisions of said official shall be communicated in writing to the applicant and shall explain the reasons for the decision, cite code section, and advise the applicant of the right of appeal. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i MINUTES IOWA CITY BOARD OF ADJUSTMENT SEPTEMBER 9, 1980 PAGE 2 SUMMARY OF DISCUSSION: I Harris called the meeting to order and indicated the purpose was to review Section 1-65 in the proposed new Zoning Ordinance. Harris explained that there are two issues which needed to be discussed relative to this review: 1) should the standards and process for special exceptions be more specific, and 2) whether or not it was advisable or appropriate to list explicit criteria regarding the granting of a variance. Baldus stated that the ordinance should be made more readable for the average citizen. Schmeiser responded that the final draft would be formatted with a table of contents, an index, and with additional figures and drawings to help in its use. Baldus moved and Bartels seconded that paragraph (f)(3) be deleted and the wording from Chapter 414.12(3) of the State Code of Iowa be used in its place. Baldus explained that the Board was an independent body (i.e., quasi- judicial) as defined by the State Code of Iowa. Also, subparagraph three as proposed states a broad dictum from a very specific case (Deardorf) and is not a statement of the present statutes. That this subparagraph therefore should be deleted and replaced with the wording as found in the statutes; i.e., Chapter 414.12(3). Baldus asked the City legal staff as to their opinion. Woito responded that she was in agreement with Baldus. After some further discussion, the question was called by Bartels, and the motion carried unanimously. Baldus moved and Bartels seconded that paragraph (b) be changed to read when applications are pending before the Board meetings of the Board shall be held at least once a month. " It was a consensus of the members present that it was not necessary to schedule meetings or hold meetings when there was no business to transact. The motion carried unanimously. Harris questioned whether a need existed for detailed criteria to be used for granting special exceptions. Baldus replied that the general standards detailed in the proposed ordinance seemed to be adequate enough. Woito responded that although the general standards were adequate enough, more specific rules regarding special exceptions should be established by the Board. After further discussion by the Board it was the consensus of those present that the conditions proposed in the new Zoning Ordinance were adequate. 1 Harris moved and Bartels seconded that paragraph (f)(2) be changed to read " in accordance with the general regulations of the zone and the specific standards contained herein." The motion was approved unanimously. MICROFILMED BY JORM MIC R+LAB h CEDAR RAPIDS • DES MOINES MINUTES IOWA CITY BOARD OF ADJUSTMENT SEPTEMBER 9, 1980 PAGE 3 Harris moved and Bartels seconded that paragraph (f)(2)(d) be changed to read "the Board may impose appropriate conditions and safeguards including but not limited to planning screens,. . .and. . . finding that they are necessary. ," After further discussion, the motion carried unanimously. Baldus moved and Vanderhoef seconded that except for the recommended changes to the proposed new Zoning Ordinance, we believe the proposed Section 1-65 is desirable and in the best interest of the City. The motion carried unanimously. Baldus raised the issue that unless the Board adopts rules of procedure and operates under said rules, actions by the Board could possibly be overruled by the courts. Several types of procedural questions were raised. Baldus moved and Hall seconded that the Board adopt a rule of procedure by which all appeals to the Board shall be taken in a reasonable time and filed with the City Clerk. The motion carried unanimously. Harris suggested that subsequent rules of procedure could be established at a later meeting. Bartels raised the concern that many applicants that have appeared before the Board often state that the Building Official did not provide them with full disclosure of the right of appeal. She proposed that subparagraph (e) be amended to include some specific requirements indicating that all decisions shall be communicated in writing and that the applicants would be advised of their rights. Schmeiser interjected that the new Zoning Ordinance will have a separate section regarding the duties of the Building Official and that would be the most appropriate place in which to include this concern. Baldus moved and Bartels seconded that the section regarding the duties of the Building Official include wording which indicates all decisions of said official shall be communicated in writing to code hsectilnsaand�alsohadvisingathetapplicantsofotheir rightiof appeal. There being s�o furer Rusinthe Board ad,j9ucned, Prepared by: Approved by: ,t 1: as Nothroy, Sem Plann r r, secretary o f Adjustment MICROFILMED BY JORM MICR+LAB 'j CEDAR RAPIDS • DES MOINES 1 r., MINUTES RIVERFRONT COMMISSION NOVEMBER 5, 1980 RECREATION CENTER ROOM B MEMBERS PRESENT: Gilpin, Knight, Lewis, Boutelle, Sokol, Oehmke, Baker MEMBERS ABSENT: Kroeze, Robertsen, Fountain i GUESTS PRESENT: Margaret Bonney (CCN), Harlen Briggs (Army Corps of Engineers), George Johnson (Army Corps of Engineers), David Martin (Army Corps of Engineers), Pat Burke (Army Corps of Engineers), Steve Vander Horn (Army Corps of Engineers), Tim Dorr (Iowa Conservation Commission), Kathryn Gilles (Project GREEN), Bruce Glasgow, Keith Clark, Sally Johnson, William Meardon, Phyllis Mahoney, Ned Ashton, Joye Davis. STAFF PRESENT: Franklin, Tyler RECOMMENDATION TO COUNCIL: Sokol moved and Oehmke seconded that the Council maintain a liaison with the Johnson County Conservation Board and show an interest in the preser- vation of the dam and the recreational facilities provided by the pool. It is recognized by the Commission that a financial commitment on the part of the City may not be possible at this time. Minutes of September 3, 1980, were approved as circulated. Bernie Knight was elected unanimously to the position of Chairperson. Bob Oehmke was elected unanimously as Vice -Chairperson. Franklin pointed out that currently two positions on the Commission are vacant. The Council will vote November 18, 1980 to fill vacancies. She encouraged members to recommend possible interested people. CORALVILLE DAM Members discussed the issue of the dam. Gilpin pointed out that,.it was difficult for the Commission to take a position since no representative from the City Council had been present at the meeting. He stated that essentially, Iowa City had been asked to give:$50,000 to save the dam, The Johnson County Conservation Board had presented a memo at the meeting outlining the costs. Boutelle asked if the County had made a formal request to the City, stating she felt this was the appropriate first step in seeking City funds. ai6a MICROFILMED BY i- JORM MICR+LAB 7 r " CEDAR RAPIDS - DES MOINES .'• 4 Riverfront Commission November 5, 1980 Page 2 Lewis expressed the opinion that saving the dam was quite important. Members related that the Johnson County Conservation representatives had indicated that if work was not done, the dam could collapse within the near future. If this occurred the County would be liable for property loss that might occur. Gilpin pointed out that a different financial arrangement spreading payments out over ten years might be more desirable. Commission members agreed that the Riverfront Commission was not presently in a position to provide funding or even go to Council to request funding for the project. Sokol moved and Oehmke seconded that the Council maintain a liaison with the Johnson County Conservation Board and show an interest in the preservation of the dam and the recreational facilities provided by the pool. It is recognized by the Commission that a financial commitment on the part of the City may not be possible at this time. The motion passed unanimously. EROSION CONTROL Gilpin explained that citizens who owned property along the river were invited to the meeting so that they could meet with representatives from the Army Corps of Engineers and ask any questions they might have. He emphasized that the Commission was not asking any of the citizens to take any particular action or make any commitments. Franklin introduced the four representatives from the Corps, Harlen Briggs, George Johnson, David Martin, and Steven Vander Horn, and Tim Dorr from the Iowa Conservation Commission. She stated that they were present specifically to address possible physical measures to control erosion in the meander from the dam to City Park. Since the river runs through both public and private property in this area, she raised the question of the impact if one section is maintained while an adjacent section is not. She also asked the representatives to address the question of permits. Representatives from the Corps stated that there were three different authorities or laws under which they were allowed to give local communities assistance: One, if an area is designated as a demonstration area and several techniques for erosion control are tried. Second, if an area of public works, such as a road, is in imminent danger of failing and its failure would impair public services. Third, giving technical services such as reviewing plans. This last is the most likely contribution which could be received by Iowa City. A booklet citing various erosion control concepts was distributed. Rip - rap protection was cited as the best in terms of cost -benefit. George Johnson of the Corps pointed out that the toe of the bank must be well protected. Johnson stated the rip -rap could be placed by hauling in MICROFILMED BY JORM MICR+LAO 1 CEDAR RAPIDS - DES MOINES Riverfront Commission November 5, 1980 Page 3 trucks over owners' lawns or by use of a barge. Harlan stated that the cost would be approximately $30 to $50 a foot. Other possible methods cited were placing logs along the bank, only protecting the toe of the bank with a layer of stone, placing large metal baskets, or gabions, filled with small stones and concrete filled mattresses at the toe of the bank. In response to questions, the pro representatives from tectingthet toe of the bank stated action which wouldnot impactnegativelyon neighbwas ors who chose not to follow the same course of action. In response to questions about the possibility of federal funds being available to stop bank erosion along Rocky Shore Drive where the road is as close as 5 or 6 feet from the river bank, Briggs said that the road would have to be in imminent danger of falling into the river before the Corps could intervene. Members of the audience questioned why the Corps of Engineers should require permits for bank work along the Iowa River since it was not designated as a navigable river. Vander Horn explained that the original Jurisdiction for the Corps, which was sent in 1899, was restricted to navigable rivers. However the jurisdiction changed in 1972 to "waters of the U.S. Therefore, the Iowa River does fall under their jurisdiction. However, certain activities are permited without the need of a permit. If the bank area affected is less than 500 feet and less than 100 cubic yards of rock, a permit is not required. Oehmke asked what the recommended course would be. The representatives answered that full rip -rapping was the best, but at least gabions could be installed to protect the bank. Gilpin asked the property owners if they were interested in the Committee Pursuing erosion control projects. Meardon stated that he was glad to have the suggestions to consider. Phyllis Mahoney stated that she would be willing to undertake affordable projects but that she would have to think a g time would be willing to undertake 0 undertakework which 000 thencould do himself. t. Mr. Clark tJoyehDavis stated that she objected to non -natural solutions and encouraged people to use plantipgs such as willows to help control the erosion. Glasgow suggested that the City set aside broken concrete from various street repair projects to be used for rip -rapping. MEETING WITH PARKS AND RECREATION Franklin announced that a meeting between Riverfront and Parks and Recreation had been scheduled for November 19 in order to encourage cooperation between the two bodies and define where responsibilities overlap. She stated that the meeting was encouraged by the City Manager out of concern over past problems. General feeling was that cooperation is really rather good presently. However, certain projects initiated by the Commission eventually require maintenance by Parks and Recreation and P&R needs to be accessed of these costs. 0?A � MICROFILMED BY r JORM MICR+LA9 ji CEDAR RAPIDS - DES MOINES i Riverfront Commission November 5, 1980 Page 4 Boutelle asked what funding the Commission had. Franklin explained that certain monies could be allocated for specific projects but no operating budget existed. Parks and Recreation, on the other hand, as a department has an operating budget. Gilpin stated that a half-time person had been requested. Boutelle pointed out that some seed money for studies would be highly desirable. STURGIS FERRY BOAT RAMP UPDATE Franklin stated that bids for the gazeboes had been awarded to Recreation & Athletic Products. The grills and tables bid went to Howig Associates. They will be installed in the spring. The Committee expressed their appreciation to Bill Gilpin for his services. Meeting adjourned. Prepared by n rea y er Minute Taker j I F L.. City Of IOWA Ck" MEMORANDUM Date: November 5, 1980 To: Parks & Recreation Commission and Riverfront Commission Members From: Karin Franklin, Planning Technician Re: Coordination of P&R and RFC Activities On October 14 the Commission Chairmen, with their respective staff people, met with the City Manager to discuss the boundaries of responsibility of the two Commissions and possible revisions in procedures. Various issues were raised, however no decisions were made since it seemed most appropriate for this subject to be addressed by the full membership of both Commissions. Therefore, a meeting has been scheduled for November 19, at 7:45 P.M. in the City Manager's Conference Room (this is a rescheduling from the earlier date of November 12). The following topics were raised at the October 14 meeting: -Definition of areas of overlapping concern and, likewise, areas of distinctly separate interest. The coordination of capital improvement programs. -The inclusion of maintenance costs in project proposals. -The consistency of recommendations to the City Council. Organizational structures proposed: A) P&R RFC B) RFC Council `4 P&R y Council C) RFCC//P&R D) RFC ColTncil T Council P&R, C) and D) cover those instances in which there is a mutual interest in the project, e.g. a park on the river. All of the topical areas raised and the organizational structures proposed r as isoohf vedsuchanus of a discu sioncand� hopefullisusson. The yuarrive at anrose of thejagreementoint ion responsibilities and procedures which will be amenable to everyone. bj3/1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES J a/d a'l I i i I I City Of IOWA Ck" MEMORANDUM Date: November 5, 1980 To: Parks & Recreation Commission and Riverfront Commission Members From: Karin Franklin, Planning Technician Re: Coordination of P&R and RFC Activities On October 14 the Commission Chairmen, with their respective staff people, met with the City Manager to discuss the boundaries of responsibility of the two Commissions and possible revisions in procedures. Various issues were raised, however no decisions were made since it seemed most appropriate for this subject to be addressed by the full membership of both Commissions. Therefore, a meeting has been scheduled for November 19, at 7:45 P.M. in the City Manager's Conference Room (this is a rescheduling from the earlier date of November 12). The following topics were raised at the October 14 meeting: -Definition of areas of overlapping concern and, likewise, areas of distinctly separate interest. The coordination of capital improvement programs. -The inclusion of maintenance costs in project proposals. -The consistency of recommendations to the City Council. Organizational structures proposed: A) P&R RFC B) RFC Council `4 P&R y Council C) RFCC//P&R D) RFC ColTncil T Council P&R, C) and D) cover those instances in which there is a mutual interest in the project, e.g. a park on the river. All of the topical areas raised and the organizational structures proposed r as isoohf vedsuchanus of a discu sioncand� hopefullisusson. The yuarrive at anrose of thejagreementoint ion responsibilities and procedures which will be amenable to everyone. bj3/1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES J a/d a'l I N Date: October 27, 1980 To: Riverfront Commission File From: Karin Franklin Re: Johnson.County Conservation Board Meeting, 10/15/80 A meeting was called on October 15 by the Johnson County Conservation Board for the purpose of determining whether local governments and citizens would be willing to contribute to the cost of repairing the Coralville Power Dam and catwalk. The meeting was attended by RFC members - Bill Gilpin, Bernie Knight, Diana Lewis, Howard Sokol, Bob Oehmke, and Dick Baker, representatives of the County Board of Supervisors, the Coralville City Council, owners of Iowa Power and Light restaurant, interested citizens, the Conservation Board and staff, and the Johnson County Attorney. Noel Willis, the engineer engaged by the Conservation Board, presented an outline of the structural details of the dam, and analysis of the problems involved, and an estimate of the cost of repair. Mr. Willis asserted that there was a good chance that the dam would break in the near future (i (present to ten years) if nothing were done to repair it. 'Potential consequences of not repairing the dam are the undermining of the parking lot at Iowa Power and Light and a break in the east abutment which would probably mean a break in the barrel of the dam. The final effect would be a wash-out around either end of the dam, a temporary diversion of the channel, and the ultimate lowering of the water level north of the dam, 6- 8 feet. The effects downstream, according to Mr. Willis, would be felt for about two days with the initial surge of the break, but would then taper off to normal flow conditions. , The major defects in the dam were deterioration of the east and west abutments, weathering of the barrel and buttresses for the catwalk (one buttress is severely deteriorated), and instability of the catwalk. The cost of repairs were stated as follows: $100,000 - east and west abutments $200,000 - barrel repairs, including buttresses $ 50,000 - catwalk repair $ 10,000 - acquisition of property on the east side of the river $360,000 Total The Conservation Board's proposed funding plan is attached. The Save -the -Dam Citizens are evidently a loosely organized group of people, many of whom live in the Edgewater Park area, upstream from the dam. No commitment of funds was made on behalf of the group at the meeting, nor did af,yone identify themselves as spokesperson for them. Citizen comment included: MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ai6 C2-, 1 t I n -An interest in saving the dam for its pooling function; recreation upstream was seen as a valuable asset as were the scenic and wildlife habitat functions of this portion of the river. -A suggestion to take down the catwalk and repair just the dam. The Iowa Power and Light restaurant owners expressed their interest in saving the dam but did not feel that an immediate commitment of $50,000 was possible given the fact that no time frame was outlined by the Conservation Board. A commitment over a period of ten years was seen as a possibility. The owners also questioned the criteria for the funding commitments proposed. They did not feel that it was equitable for one property owner to be assessed the same amount as a group of owners or an entire city. Comments were also made about negligence on the part of the Board in not providing minimal maintenance of the area (specifically, not removing from one of the deteriorated walls, vegetation which has exacerbated the breakdown of the rock and mortar). Mayor Kattchee, who spoke for the City of Coralville, also questioned the lack of a time' frame and the amount proposed for payment by Coralville. He stated that immediate commitment was impossible. In answer to Mr. Kattchee's comments on the amount Coralville was asked to pay, the Board stated that they felt the City of Coralville would reap the greatest benefit from preservation of the dam. The Iowa City Council was not represented and therefore, their involvement was not discussed. The Board of Supervisors questioned the use of revenue sharing funds and asked for an analysis of the Conservation Board's in-kind contribution. Pat Meade responded that the Conservation Board had funded the engineer to date and would continue to provide staff support for the project. `I There was some discussion of abandonment and destruction of the dam and the consequences of ignoring the issue. A cost comparison was requested between the cost of saving the dam and catwalk and the cost of removing them. Since the County owns the dam and catwalk now, the County is liable for any damages which •occur.upstream and down. Pat White, the County Attorney, pointed out that this liability could extend as far upstream as. the Coralville Reservoir Dam. The Conservation Board has resolved not to patch the dam, but to completely restore the structure or provide for its removal: The Board stated that they had already investigated alternative funding sources, such as federal and private grants, and had found none. Pat Meade noted. that the Conservation Board had been approached by an individual who was interested in negotiating for an option to buy the dam. Tom Cilek, the individual's attorney, was present and stated that his client was merely making an inquiry at that point and would await the outcome of the meeting before going any further. a/6 a2, MICROFILMED BY JORM MIOR+LAB CEDAR RAPIDS • DES MOINES 0 n n The general sentiment expressed was that the dam should be saved, but no one had the money at this time to do it. Diana Lewis suggested restoring the dam but leaving the catwalk repairs for later in an effort to bring the total cost down. The Board was amenable to this suggestion. There was some discussion of removal of the catwalk, however, a number of people felt that its use as a fishing access warranted its preservation. Bill Gilpin proposed funding through a bond issue. This suggestion was favorably received by a number of people. However, a member of the Conservation Board stated that he felt a bond issue would not pass. The meeting adjourned with no commitment of funds by any party. bj4/9-11 MICROFILMED BY DORM MICR#LAB CEDAR RAPIDS • DES MOINES D U i i ( 1 i 1 1 a R n n The general sentiment expressed was that the dam should be saved, but no one had the money at this time to do it. Diana Lewis suggested restoring the dam but leaving the catwalk repairs for later in an effort to bring the total cost down. The Board was amenable to this suggestion. There was some discussion of removal of the catwalk, however, a number of people felt that its use as a fishing access warranted its preservation. Bill Gilpin proposed funding through a bond issue. This suggestion was favorably received by a number of people. However, a member of the Conservation Board stated that he felt a bond issue would not pass. The meeting adjourned with no commitment of funds by any party. bj4/9-11 MICROFILMED BY DORM MICR#LAB CEDAR RAPIDS • DES MOINES D U ai41oz i i ( 1 i 1 ai41oz h October 15,•1960` JOHNSON COUNTY CONSERVATION BOARD / CORALVILLE•POWER DAM RESTORATION Estimated cost of restoration: Abutments $100,000.00 Barrel of dam 200,000.00 Walkway 50,000.00 Total $350,000.00 In addition to the restoration cost, an additional $10,000.00 will need to be raised for the acquisition of land on the east side for public access. The Johnson County Conservation Board is proposing that a joint government and private agency funding plan for the complete restoration of the dam be organized. Following is the proposed joint funding plan: Save -the -dam citizens - $ 50,000.00 Restaurant owners - 150,000.00 City of Coralvihe - 90,000.00 City of Iowa City - 50,000.00 Conservation 'Board (Revenue Shaiing) - 120,000.00 C MICROFILMED BY y JORM MICR+LA9 CEDAR RAPIDS • DES MOINES R MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION TUESDAY, OCTOBER 21, 1980 4:30 P.M. CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT: Madsen, Pepper, Eskin MEMBERS ABSENT: Terry and Washburn OTHERS PRESENT: Blough, Daum, Luketich, Yutkin, Kalergis (all from Hawkeye) STAFF PRESENT: Shaffer RECOMMENDATIONS TO COUNCIL: None. MATTERS PENDING COMMISSION -COUNCIL DISPOSITION: None. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The "Cities and Cable TV" conference will take place October 26-29, 1980, in Madison Wisconsin. Shaffer reported tremendous growth in the use of video production equipment by citizens in Iowa City. Shaffer also reported advising many cities and access centers on policies and procedural matters relating to access and cable TV. Shaffer reported on complaints received during the last month. Hawkeye reported Phase II -B will be accepted and activated in November. Hawkeye reported good progress on the rest of the Iowa City cable construction and related the figures, including approximately 1500 subscribers now on line (receiving cable TV). KaIergis reported on the kinds of local access programming being done and who is doing it. MEETING CALLED TO ORDER: Meeting called to order at 4:40 P.M. MINUTES: Moved by Madsen, seconded by Eskin to approve minutes. Minutes approved unanimously. ANNOUNCEMENTS: The next BTC meeting is Tuesday, November 18, 1980, 4:30 P.M. in the Conference Room of the Civic Center. I \` 1 i t e MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION TUESDAY, OCTOBER 21, 1980 4:30 P.M. CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT: Madsen, Pepper, Eskin MEMBERS ABSENT: Terry and Washburn OTHERS PRESENT: Blough, Daum, Luketich, Yutkin, Kalergis (all from Hawkeye) STAFF PRESENT: Shaffer RECOMMENDATIONS TO COUNCIL: None. MATTERS PENDING COMMISSION -COUNCIL DISPOSITION: None. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The "Cities and Cable TV" conference will take place October 26-29, 1980, in Madison Wisconsin. Shaffer reported tremendous growth in the use of video production equipment by citizens in Iowa City. Shaffer also reported advising many cities and access centers on policies and procedural matters relating to access and cable TV. Shaffer reported on complaints received during the last month. Hawkeye reported Phase II -B will be accepted and activated in November. Hawkeye reported good progress on the rest of the Iowa City cable construction and related the figures, including approximately 1500 subscribers now on line (receiving cable TV). KaIergis reported on the kinds of local access programming being done and who is doing it. MEETING CALLED TO ORDER: Meeting called to order at 4:40 P.M. MINUTES: Moved by Madsen, seconded by Eskin to approve minutes. Minutes approved unanimously. ANNOUNCEMENTS: The next BTC meeting is Tuesday, November 18, 1980, 4:30 P.M. in the Conference Room of the Civic Center. MICROFILMED BY JORM MICR+LAB ft. CEDAR RAPIDS • DES MOINES :., I 'I i MICROFILMED BY JORM MICR+LAB ft. CEDAR RAPIDS • DES MOINES :., Broadband Telecommu1 Page 2 ations Commission Shaffer announced the midwest National Federation of Local Cable Programmers (NFLCP) regional meeting will take place October 26-29, 1980, in Madison, Wisconsin. This conference will be followed by a national "Cities and Cable TV" conference, which is the first national conference of its kind. Sponsored by the NFLCP, this conference's purpose is to educate the cities about cable and access TV; its uses, potential and capabilities. Shaffer will speak at this conference. PUBLIC DISCUSSION: None. SPECIALIST REPORT: Shaffer presented a list of almost 35 cities, towns, access centers, colleges and companies he advised and consulted over the last six months. There are many who see the Iowa City system as a model example of what can be done with cable TV and access. In addition, Shaffer also presented a quantitative assessment of amounts of time access video production equipment is being used. That usage has grown from 40 hours during the month of July to 293 hours in October. In addition Shaffer reported on investigating new equipment to be purchased with the NTIA (National Telecommunications Information Administration) grant money. This includes 1/2 inch color cassette video production equipment, 1/2 inch video editing systems and micro -computers. Shaffer reported 9 complaints in the last month, 6 of which have been resolved. The other three are still being worked on. Complaints range from the lack of the professional character of the cable construction crews to how the underground cable is being installed to how trees are being cut for the installation of cable TV. Several additional inquiries were received regarding the nature of cable TV offerings and their associated costs. HAWKEYE'S REPORT: Phase II -B (southeast Iowa City) with 2500 plattings as being completed and will be accepted and activated by Hawkeye in November. Phases III and IV (the rest of eastern Iowa City and Manville Heights, respectively) totaling about 27 miles of plat, have been stranded and cabled and are now being spliced. Hawkeye now has almost 1500 subscribers in Iowa City. Hawkeye is approaching almost 50 potential subscribers a day, and will soon be installing at the rate of 1200 a month. Stranding crews will be done in Iowa City by the third week of November. Eleven miles of underground cabling are almost completed. Hawkeye now has a franchise agreement with University Heights and Coralville (based for the most part on the Iowa City ordinance). Of the persons who are taking cable TV in Iowa City, 95% take one pay channel in addition to the basic service, and 75% take both pay channels in addition to the basic service. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Broadband Telecommu(ations Commission Page 3 Madsen expressed the desire to see a separate column in Diversions of the Press -Citizen (or some other advertising) to help identify local access program offerings on the access channels. Pepper echoed this need 'better identify the locally produced shows. Daum said she would do follow-up work on such questions and approach the Press -Citizen and would report back at the next BTC meeting. Kalergis presented information about the nature of the programming on the local cable TV channels and who is doing it. She also reported the first of the Educational Consortium meetings had taken place. Representatives of the Iowa City schools and Kirkwood Community College met and started initial talks. It was decided not to start programming immediately, but to develop some ground rules. The next meeting of the Educational Consortium is November 7, 1980. Eskin is the BTC representative assisting in the development of this educational consortium. NEW BUSINESS: None. ADJOURNMENT:: Moved by Eskin, seconded by Madsen to adjourn Adjournment at 5:35 P.M. Respectfully submitted, 4i�mw Shaffer Broadband Telecommunications Specialist MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Unanimously approved. i i Broadband Telecommu(ations Commission Page 3 Madsen expressed the desire to see a separate column in Diversions of the Press -Citizen (or some other advertising) to help identify local access program offerings on the access channels. Pepper echoed this need 'better identify the locally produced shows. Daum said she would do follow-up work on such questions and approach the Press -Citizen and would report back at the next BTC meeting. Kalergis presented information about the nature of the programming on the local cable TV channels and who is doing it. She also reported the first of the Educational Consortium meetings had taken place. Representatives of the Iowa City schools and Kirkwood Community College met and started initial talks. It was decided not to start programming immediately, but to develop some ground rules. The next meeting of the Educational Consortium is November 7, 1980. Eskin is the BTC representative assisting in the development of this educational consortium. NEW BUSINESS: None. ADJOURNMENT:: Moved by Eskin, seconded by Madsen to adjourn Adjournment at 5:35 P.M. Respectfully submitted, 4i�mw Shaffer Broadband Telecommunications Specialist MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Unanimously approved. i i` j a. n MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION TUESDAY, OCTOBER 21, 1980 4:30 P.M. CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT: Madsen, Pepper, Eskin MEMBERS ABSENT: Terry and Washburn OTHERS PRESENT: Blough, Daum, Luketich, Yutkin, Kalergis (all from Hawkeye) STAFF PRESENT: Shaffer RECOMMENDATIONS TO COUNCIL: None. MATTERS PENDING COMMISSION -COUNCIL DISPOSITION: None. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The "Cities and Cable TV" conference will take place October 26-29, 1980, in Madison Wisconsin. Shaffer reported tremendous growth in the use of video production equipment by citizens in Iowa City. Shaffer also reported advising many cities and access centers on policies and procedural matters relating to access and cable TV. Shaffer reported on complaints received during the last month. Hawkeye reported Phase II -B will be accepted and activated in November. Hawkeye reported good progress on the rest of the Iowa City cable construction and related the figures, including approximately 1500 subscribers now on line (receiving cable TV). Kalergis reported on the kinds of local access programming being done and who is doing it. MEETING CALLED TO ORDER: Meeting called to order at 4:40 P.M. MINUTES: Moved by Madsen, seconded by Eskin to approve minutes. Minutes approved unanimously. ANNOUNCEMENTS: The next BTC meeting is Tuesday, November 18, 1980, 4:30 P.M. in the Conference Room of the Civic Center. MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES M I 'a I I -I I. i 1 _ n MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION TUESDAY, OCTOBER 21, 1980 4:30 P.M. CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT: Madsen, Pepper, Eskin MEMBERS ABSENT: Terry and Washburn OTHERS PRESENT: Blough, Daum, Luketich, Yutkin, Kalergis (all from Hawkeye) STAFF PRESENT: Shaffer RECOMMENDATIONS TO COUNCIL: None. MATTERS PENDING COMMISSION -COUNCIL DISPOSITION: None. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The "Cities and Cable TV" conference will take place October 26-29, 1980, in Madison Wisconsin. Shaffer reported tremendous growth in the use of video production equipment by citizens in Iowa City. Shaffer also reported advising many cities and access centers on policies and procedural matters relating to access and cable TV. Shaffer reported on complaints received during the last month. Hawkeye reported Phase II -B will be accepted and activated in November. Hawkeye reported good progress on the rest of the Iowa City cable construction and related the figures, including approximately 1500 subscribers now on line (receiving cable TV). Kalergis reported on the kinds of local access programming being done and who is doing it. MEETING CALLED TO ORDER: Meeting called to order at 4:40 P.M. MINUTES: Moved by Madsen, seconded by Eskin to approve minutes. Minutes approved unanimously. ANNOUNCEMENTS: The next BTC meeting is Tuesday, November 18, 1980, 4:30 P.M. in the Conference Room of the Civic Center. MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES M I Broadband Telecommu....:ations Commission { Page 2 Shaffer announced the midwest National Federation of Local Cable Programmers (NFLCP) regional meeting will take place October 26-29, 1980, in Madison, Wisconsin. This conference will be followed by a national "Cities and Cable TV" conference, which is the first national conference of its kind. Sponsored by the NFLCP, this conference's purpose is to educate the cities about cable and access TV; its uses, potential and capabilities. Shaffer will speak at this conference. PUBLIC DISCUSSION: None. SPECIALIST REPORT: Shaffer presented a list of almost 35 cities, towns, access centers, colleges and companies he advised and consulted over the last six months. There are many who see the Iowa City system as a model example of what can be done with cable TV and access. In addition, Shaffer also presented a quantitative assessment of amounts of time access video production equipment is being used. That usage has grown from 40 hours during the month of July to 293 hours in October. In addition Shaffer reported on investigating new equipment to be purchased with the NTIA (National Telecommunications Information Administration) grant money. This includes 1/2 inch color cassette video production equipment, 112 inch video editing systems and micro -computers. Shaffer reported 9 complaints in the last month, 6 of which have been resolved. The other three are still being worked on. Complaints range from the lack of the professional character of the cable construction crews to how the underground cable is being installed to how trees are being cut for the installation of cable TV. Several additional inquiries were received regarding the nature of cable TV offerings and their associated costs. HAWKEYE'S REPORT: Phase II -B (southeast Iowa City) with 2500 plattings as being completed and will be accepted and activated by Hawkeye in November. Phases III and IV (the rest of eastern Iowa City and Manville Heights, respectively) totaling about 27 miles of plat, have been stranded and cabled and are now being spliced. Hawkeye now has almost 1500 subscribers in Iowa City. Hawkeye is approaching almost 50 potential subscribers a day, and will soon be installing at the rate of 1200 a month. Stranding crews will be done in Iowa City by the third week of November. Eleven miles of underground cabling are almost completed. i i x/63 Hawkeye now has a franchise agreement with University Heights and Coralville (based for the most part on the Iowa City ordinance). i Of the persons who are taking cable TV in Iowa City, 95% take one pay channel in addition to the basic service, and 75% take both pay channels in addition to the basic service. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Broadband Telecommurations Commission Page 3 Madsen expressed the desire to see a separate column in Diversions of the Press -Citizen (or some other advertising) to help identify local access program offerings on the access channels. Pepper echoed this need better identify the locally produced shows. Daum said she would do follow-up work on such questions and approach the Press -Citizen and would report back at the next BTC meeting. Kalergis presented information about the nature of the programming on the local cable TV channels and who is doing it. She also reported the first of the Educational Consortium meetings had taken place. Representatives of the Iowa City schools and Kirkwood Community College met and started initial talks. It was decided not to start programming immediately, but to develop some ground rules. The next meeting of the Educational Consortium is November 7, 1980. Eskin is the BTC representative assisting in the development of this educational consortium. NEW BUSINESS: None. ADJOURNMENT:: Moved by Eskin, seconded by Madsen to adjourn. Unanimously approved. Adjournment at 5:35 P.M. Respectfully submitted, Willi m Drew Shaffer Broadband Telecommunications Specialist I I i i. i i MICROFILMED BY JORM MICR+LAB ". �� CEDAR RAPIDS • DES MOINES _ j MINUTES OF IOWA CITY HOUSING COMMISSION j Wednesday, November 5, 1980, at 3:30 P.M. Conference Room Civic Center MEMBERS PRESENT: Klaus, Koenig, Haendel, Graf, Dennis MEMBERS ABSENT: Vander2ee, Karstens STAFF PRESENT: Seydel, Flinn, Steinbach i RECOMMENDATIONS TO COUNCIL: The Iowa City Housing Commission recommends retention of Bi-annual inspections of all units and more frequently on a complaint basis only. Moved by Koenig, seconded by Haendel, Approved 5/0. Iowa City Housing Commission recommends that a Cooperative Agreement be en- tered into with the city of Hills, Iowa. y I. Meeting to Order by Chairperson Klaus at 3:40 p.m. 1 II. Minutes of October 1, 1980, Meeting were approved as mailed on i motion by Haendel, seconded by Graf, approved 5/0. III. Coordinator's Report Seydel reported that number of units under lease effective November 1, 1980, Were down to 354. He indicated that the Lakeside problems had contributed to the loss of units. Public Housing - Seydel Advised Southgate working on submission of final plans by November 20, 1980. He reported that a request fos;addition to preliminary loan to purchase Muscatine Avenue property has been submitted to HUD. NAHRO - State NAHRO Convention to be held November 19 through 21st at Blackhawk Hotel in Davenport. Commission interest in attending surveyed. AHOP - ECICOG must have some indication from Iowa City and Cedar Rapids around first of year as to whether or not we will participate as a mem- ber of the AHOP. Commission members requested to review "Draft Proposal" and be prepared to make recommendation in December to Council. Cooperative Agreement - Hills would like'to be included as eligible for housing assistance payments. Moved by Koenig, seconded by Habndel I that Housing Commission make recommendation to City Council that they adopt a Cooperative Agreement with the city of Hills, Iowa. Approved 5/0. B Y i . i MICROFILMED BY JORM MICR46L.AB 7 ' CEDAR RAPIDS • DES MOINES q HOUSING COMMISSION MINUTES November 5, 1980 Page 2 IV. Annual Meeting of Boards and Commissions - Klaus reported that she talked to Council about helping in any way possible to ex- plain the new Housing Code (perhaps through public meetings.) She indicated she reminded them that they should keep their com- mitment to public housing. V. Goals for Fiscal Year 1982 - Steinbach recommended that they should follow through on the work already started on Housing Code and Housing Inspections. Following discussion, it was moved by Haendel, seconded by Koenig, that the following fifth objective be added to the Fiscal 1982 Goals:- 5) Continue overseeing Housing Code and Housing Inspection. Approved 5/0. VI. Impact of Housing Code on Housing Inspections - Steinbach presented historical view of housing inspections costs and budget impact on inspections. He projected staffing needs arising from the new hous- ing, code. Steinbach indicated he would present a detailed report at the December Housing Commission Meeting. On motion by Koenig, seconded by Haendel, the Housing Commission recommends to Council that bi-annual inspections of all units be retained with more frequent inspections on complaint basis only. Approved 5/0. VII. Public Hearing on Housing Code - It was reported that Pat Fett spoke relative to concern for storm windows. Apartment Owners "Association sent letter approving revised code. City Council thanked the Task Force for all of their time. Steinbach recommended that a certificate of appreciation be sent to all Task Force members upon completion of their work. The Housing Comeission recommended that a letter of commendation be sent to the persons in the Word Processing Center for all their efforts in the revision of the Housing Code. VII. Adjournment - Moved by Koenig, seconded by Graf, that meeting be adjourned. Adjourned 5:10 p.m. M. Diane Klaus, Chairperson MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MINUTES RESOURCES CONSERVATION COMMISSION OCTOBER 29, 1980 4:30 P.M. CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT: Fett, Hotka, Sanders, Schwab, Sheehan. MEMBERS ABSENT: Hamilton. STAFF PRESENT: Brown, Tinklenberg. RECOMMENDATIONS TO THE CITY COUNCIL: The Resources Conservation Commission formally recommends, in the interest of energy conservation, that the City Council retain Chapter 17-4.(i)(2)g. of the existing Housing chapter of the Iowa City Code of Ordinances which reads: Effective November 1, 1980: During the portion of the year when the Housing Inspector deems it necessary for protection against the elements and cold, every door, opening directly from a dwelling unit or rooming unit to outdoor space, shall have supplied storm doors with a self-closing device; and every window or other device with openings to the outdoor space shall likewise be supplied with storm windows, except where such other device for protection against the elements and cold is provided such as insulating glass and insulated metal exterior doors. Exception: Dwellings designated by official action of the i City Council as having special historical or architectural significance shall be exempted from the above door/window requirements: in the proposed Ordinance to replace Chapter 17 of the Iowa City Code of Ordinances. REQUESTS TO THE CITY MANAGER: I None. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: Hotka called the meeting to order and welcomed Nancy Sheehan to the Commission. Fett moved, Sanders seconded, to approve the minutes of the September 9 1 , meeting as read. Approved unanimously. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES .z Resources Conservation Commission October 29, 1980 Page 2 Election of Vice -Chair Fett nominated, Sheehan seconded, Gary Sanders for the Vice -Chair. Schwab moved, Fett seconded, to close nominations. Approved unan- imously. Sanders was elected by acclamation. Housing Occupancy Code Tinklenberg reported on the status of the proposed code and past RCC involvement with the storm door/window provision of the Code. Sanders moved, Fett seconded, that the RCC formally recommend, in the interest of energy conservation, that the City Council retain Chapter 17-4.(i)(2)g. of the existing Housing chapter of the Iowa City Code of Ordinances which reads: Effective November 1, 1980: During the portion of the year when the Housing Inspector deems it necessary for protection against the elements and cold, every door, opening directly from a dwelling unit or rooming unit to outdoor space, shall have supplied storm doors with a self-closing device; and every window or other device with openings to the outdoor space shall likewise be supplied with storm windows, except.where such other device for protection against the elements and cold is provided such as insulating glass and insulated metal exterior doors. Exception: Dwellings designated by official action of the City Council as having special historical or architectural significance shall be exempted from the above door/window requirements. in the proposed Ordinance to replace Chapter 17 of the Iowa City Code of Ordinances. Approved unanimously. Energy Directory, Jahn Brown, Intern John Brown summarized the material sent to the RCC in response to the letters mailed to each organization. Sanders moved, Fett seconded, to accept Brown's recommendations and eliminate the Institute for Ecological Policies, Iowa Department of Environmental Quality, U.S. Environmental Protection Agency, Community Action Research Group, Iowa Citizens Labor Energy Coalition, and the Iowa Solar Energy Association from the list of organizations for the directory, since they did not have material on alternative energy or energy conservation or did not respond. Approved unanimously. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M i Resources Conservation Commission October 29, 1980 Page 3 Methods of distriubtion were discussed: -City employee break rooms -Library , F -Recreation Center y -Iowa Memorial Union -Banks -Lumber yards 1 -Hardware stores -Malls i -Buses Zoning Ordinance There was a disucssion of some of the factors involved in providing for energy conservation in a zoning ordinance. Staff will have a report at the next meeting. Sheehan left at 6:25. Solar Update: ! Tinklenberg reported that the liquid solar system is completed and the greenhouse is near completion. He also stated that the seminars are tentatively scheduled for November 8. Report on Conference of Local Energy Officials Tinklenberg distributed a memo to the Commission outlining six I methods of effecting energy conservation. The Commissioners would like a five minute summary of the conference itself at the next meeting. The next meeting is scheduled for Thursday, November 13, and the following items are on the agenda: -Energy directory -Zoning -Solar project update -Conference of Local Energy Officials report -FY82 goals and objectives The meeting adjourned at 6:55 P.M. Respectfully submitted, Roger Tinklenberg. Pat Fett, Secretary. - i I l: MICROFILMED BY JORM MICR+LAB ` CEDAR RAPIDS • DES MOINES .r n %1, MEETING OF CITY COUNCIL RULES COMMITTEE November 18, 1980 RULES COMMITTEE: Meeting of November 18, 1980, 7:25 P.M., in the Conference Room of the Civic Center. COMMITTEE MEMBERS PRESENT: Larry Lynch and Clemens Erdahl STAFFMEMBERS PRESENT: Karr and Scholten HUMAN RIGHTS COMMISSION BY-LAWS Commission by-laws dated September, 1980, were discussed. The Rules Committee approved of the by-laws as presented to Council (11/4/80) with one exception, questioning the inclusion of Section III A, re review of applications. Rules Committee members stated that the deletion of this section should not be interpreted as forbidding the Human Rights Commission from assisting or cooperating with the City Council in membership, but the Rules Committee does not want to formalize this procedure, because this has not been done for any other Board or Commission. The Rules Committee does invite the Commission to make recommendations when applications are received. The Rules Committee recommends approval of the by-laws after deletion of Section III A. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r d MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES l� BY-LAWS OF THE IOWA CITY HUMAN RIGHTS COMMISSION SEPTEMBER, 1980 I. NAME AND AUTHORITY. A. The name of this organization is the Iowa City Human Rights Commission referred to in these by-laws as the Commission. B. The Commission is authorized by the City Council of the City of Iowa City through municipal ordinance number 77-2830 effective date May 2, 1977 as amended by ordinance 79-2951. If. PURPOSE. A. As stated in Section 18-2 of the Ordinance. B. Through the Commission, the ordinance provides for execution within the City of Iowa City of the policies of the Civil Rights Act of 1964 and the Federal Civil Rights Acts and of the promotion of cooperation between the City of Iowa City and the State and Federal agencies enforcing these acts. III. MEMBERSHIP. A. As stated :in Section 18-18 in the Ordinance. The Commission shall review applications for membership and may conduct interviews in order to make recommendations to the Mayor and City Council concerning appointments. ' B. Commissioners shall attend (or have excused absences for) a minimum of nine (9) regularly scheduled monthly meetings during the calendar year. 1. Commissioners who violate provisions of B above may be subject to dismissal and replaced as provided in Section 18-8 of the Ordinance. 2. Excused absences are allowable for personal, work or school related emergencies. The Chairperson shall determine whirtller- absences are excused or unexcused and so report to till! Commission. C. The Commission may make recommendations by a 2/3 majority vote to the Mayor and the City Council for dismissal of any Commission member for reasons of attendance or other good cause. 0. Commissioners shall serve without compensation. Actual and necessary expenses incurred may be reimbursed by the City Council. E. Orientation for Commissioners, including functions, duties and responsibilities, shall be conducted by the staff assigned to the Commission. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M i i I i I l� BY-LAWS OF THE IOWA CITY HUMAN RIGHTS COMMISSION SEPTEMBER, 1980 I. NAME AND AUTHORITY. A. The name of this organization is the Iowa City Human Rights Commission referred to in these by-laws as the Commission. B. The Commission is authorized by the City Council of the City of Iowa City through municipal ordinance number 77-2830 effective date May 2, 1977 as amended by ordinance 79-2951. If. PURPOSE. A. As stated in Section 18-2 of the Ordinance. B. Through the Commission, the ordinance provides for execution within the City of Iowa City of the policies of the Civil Rights Act of 1964 and the Federal Civil Rights Acts and of the promotion of cooperation between the City of Iowa City and the State and Federal agencies enforcing these acts. III. MEMBERSHIP. A. As stated :in Section 18-18 in the Ordinance. The Commission shall review applications for membership and may conduct interviews in order to make recommendations to the Mayor and City Council concerning appointments. ' B. Commissioners shall attend (or have excused absences for) a minimum of nine (9) regularly scheduled monthly meetings during the calendar year. 1. Commissioners who violate provisions of B above may be subject to dismissal and replaced as provided in Section 18-8 of the Ordinance. 2. Excused absences are allowable for personal, work or school related emergencies. The Chairperson shall determine whirtller- absences are excused or unexcused and so report to till! Commission. C. The Commission may make recommendations by a 2/3 majority vote to the Mayor and the City Council for dismissal of any Commission member for reasons of attendance or other good cause. 0. Commissioners shall serve without compensation. Actual and necessary expenses incurred may be reimbursed by the City Council. E. Orientation for Commissioners, including functions, duties and responsibilities, shall be conducted by the staff assigned to the Commission. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M 2 IV. OFFICERS. A. The Commil.sihh shall have Lhree (3) officrrs: Chairperson, Vice - Chairperson rhvl SecreLary. B. Officers shall perform the duties proscribed by these by-laws and parliamentary authority adopted by the Commission. The Chairperson must designate a Chairperson pro -tem when necessary. C. The Chairperson and Vice -Chairperson shall be elected from the Commission's membership at its regular February meeting for a one (1) year term. D. The Secretary shall be selected at the February meeting for a one (1) year term. The Secretary may, but need not be, a Commissioner. E. The Commission shall fill vacancies among its officers for the remainder of an unexpired term. V. COMMISSION MEETINGS. A. At least one (1) regular meeting shall be held during any eleven calendar months. Date, time and place of the upcoming monthly meeting shall be set during the regular meeting or at the time the agenda is established. B. The Chairperson, Vice -Chairperson, or any three (3) Commissioners may call a special meeting. 1. At least.one.(1) full day's written notice of meeting place, time and agenda shall be given each Commissioner and the media. I 2. Insofar as possible only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non -agenda items in which the general public may _ have a vital interest. C. A quorum shall consist of five (5) Commissioners. 1. A majority of present and voting members shall be necessary to pass a motion. . 2. The Chairperson shall vote as a member. D. Commission meetings shall be public except where provided in Section 28A of the Code of Iowa. VI. CONDUCT OF COMMISSION BUSINESS. A. Commission officers shall set the agenda provided Commissioner suggestions are considered. Each Commissioner and staff member shall I be provided an agenda prior to the monthly meeting. 1 B. The Commission's Secretary and/or designee shall record all activities and statements made at Commission meetings, hereafter MICROFILMED BY JORM MICR+LAB r. CEDAR RAPIDS • DES MOINES 3 known as minutes of the meeting. All Commission records shall he public except those excluded pursuant to Chapter 68AI of the Code of Iowa. C. The rules in the current edition of Robert's Rules of Order Newly Revised shall govern the Commission in all cases to which they are applicable and in which they are not inconsistent with these by-laws and any special rules or order the Commission may adopt. VII. SUBCOMMITTEE APPOINTMENTS. Formation of subcommittees shall be by majority vote of the Commission in whatever subject area, or whatever number, is deemed necessary. Members shall be appointed by the Commission Chairperson. VIII. POWERS AND DUTIES OF THE COMMISSION. In accordance with Section 18-37 of the Ordinance, the Commission shall receive, investigate, and resolve complaints of discrimination or complaints alleging discriminatory practices. In addition the Commission shall adhere to the following procedures. A. Filing of complaints. 1. Within five (5) days of filing of a complaint, a copy shall be sent to the Iowa State Civil Rights Commission. Thereafter appropriate case information will be sent upon request by the I . S. C. R. C. 2. Other appropriate enforcement agencies shall be notified of the complaint and sent relevant case information if requested unless specifically prohibited by the complainant or representing attorney. 3. The Commission's Secretary and/or designee shall inform persons filing complaints of discrimination of: a. Appropriate Federal and State enforcement agencies; b. The complainant's right to file a charge of discrimination under Federal and State Civil Rights laws either instead of, or in addition to, filing under the local ordinance; the right to retain a private attorney; the Commission's duty to forward a copy of the complaint to the Iowa Civil Rights Commission. B. Initiation of complaint investigation. 1. The Investigator will establish a file by assigning a number to the complaint, maintain a current flow chart tracking the progress of each complaint. and notify appropriate parties of deadlines. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES t i .i..._ 3 known as minutes of the meeting. All Commission records shall he public except those excluded pursuant to Chapter 68AI of the Code of Iowa. C. The rules in the current edition of Robert's Rules of Order Newly Revised shall govern the Commission in all cases to which they are applicable and in which they are not inconsistent with these by-laws and any special rules or order the Commission may adopt. VII. SUBCOMMITTEE APPOINTMENTS. Formation of subcommittees shall be by majority vote of the Commission in whatever subject area, or whatever number, is deemed necessary. Members shall be appointed by the Commission Chairperson. VIII. POWERS AND DUTIES OF THE COMMISSION. In accordance with Section 18-37 of the Ordinance, the Commission shall receive, investigate, and resolve complaints of discrimination or complaints alleging discriminatory practices. In addition the Commission shall adhere to the following procedures. A. Filing of complaints. 1. Within five (5) days of filing of a complaint, a copy shall be sent to the Iowa State Civil Rights Commission. Thereafter appropriate case information will be sent upon request by the I . S. C. R. C. 2. Other appropriate enforcement agencies shall be notified of the complaint and sent relevant case information if requested unless specifically prohibited by the complainant or representing attorney. 3. The Commission's Secretary and/or designee shall inform persons filing complaints of discrimination of: a. Appropriate Federal and State enforcement agencies; b. The complainant's right to file a charge of discrimination under Federal and State Civil Rights laws either instead of, or in addition to, filing under the local ordinance; the right to retain a private attorney; the Commission's duty to forward a copy of the complaint to the Iowa Civil Rights Commission. B. Initiation of complaint investigation. 1. The Investigator will establish a file by assigning a number to the complaint, maintain a current flow chart tracking the progress of each complaint. and notify appropriate parties of deadlines. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i L !1 4 n 2. The Investigator shall interview the complainant, respondent and witnesses. Documents relevant to the charge shall be secured and applicable case law shall be reviewed. 3. After investigation but before the Investigator submits a recummendatiOil of probable cause or no probable cause to the City Attorney, Lhe Investigator may seek a disposil.inn Lhruudh a pre- determination settlement. (See Section 10-38(d) of Ordinance.) The Chairperson will then appoint a conciliation team to review the recommended predetermination settlement and make a recommendation to the Commission. If a predetermination settlement is approved by the Commission, the case will be closed and all parties will be so notified by certified mail. If the conciliation team disapproves of the proposed settlement, the investigator shall continue with the investigation. 4. If no pre -determination settlement is sought or approved, the Investigator shall file a detailed written report to the City Attorney recommending whether probable or no probable cause exists to believe the person charged in the complaint committed a discriminatory practice. C. Review of investigative report and investigator's recommendation by City Attorney's office. 1. The City Attorney shall recommend whether or not probable cause exists and submit a final recommendation or an interim report to the Commission's Chairperson within fifteen (15) working days after receiving the Investigator's report and recommendation. 2. Extensions may be granted by the Chairperson or his/her designee and so reported to the Commission. 0. Conciliation Team responsibilities. In all cases alleging discrimination, the Chairperson shall assign a Conciliation Team of 2 or 3 Commissioners and designate a chairperson to review the Investigative Report and recommendations. 1. The Chair of the Conciliation Team shall call meetings, and/or consult with the Team to expedite speedy conciliation attempts. 2. The Conciliation Team will make an independent evaluation on probable or no probable cause findings. 3. If the Conciliation Team requires further investigation and/or documentation to substantiate their findings or for remedies to be sought, they will direct the investigator to obtain same. 4. A consensus of the Team is required to make a recommendation to the Commission. 5. If the Conciliation Team and Staff concur in a finding of probable cause, the Secretary of the Commission and/or designee shall so notify all appropriate parties by certified mail. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i 5 a. The respondent and complainant shall be notified of the probable cause finding and the reason(s) for such finding. b. The Conciliation Team shall then attempt to resolve the complaint through conciliation. 6. If the Conciliation Team and Staff disagree regarding the finding of cause or no cause, the Conciliation Team shall make the final cause determination. a. If the Conciliation Team finds no probable cause to exist, the Conciliation Team shall proceed as outlined in Section 18-39 of the Ordinance. b. If the Conciliation Team finds probable cause to exist, the Conciliation Team shall proceed as outlined below. 7. In findings of probable cause, the Conciliation Team shall seek to resolve the complaint through conciliation. (See Section 18- 40, Ordinance.) If the Conciliation Team is unable to effectuate a disposition within ninety (90) days after the finding of probable cause. a. The Team shall file a report of no conciliation with the Commission and recommend what further action should be taken. b. The Team may recommend closing the case or referring the case by certified mail to the appropriate agencies with supporting case documents. After all parties are notified, the case would be closed and reported to the Commission. C. The Conciliation Team may recommend the case proceed to public hearing requiring the respondent to answer charges. E. Administrative closure. Should a complaint pending before the Commission be resolved or closed by the Iowa State Civil Rights Commission or the Equal Employment Opportunity Commission, the Commission Chairperson shall appoint a conciliation team to review the disposition. If the conciliation team finds that the complaint has been appropriately resolved, the cos,e shall be administratively closed. All parties shall be so notified by certified mail. F. Injunctions. The City Attorney, the Commission Chairperson or the Conciliation Team may recommend to the City Council to seek a temporary injunction in District Court to preserve the status quo or to cause the person charged to cease and desist from a continuance of the practice complained of. The City Attorney shall seek temporary injunctions according to State Law. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a/Woo 5 a. The respondent and complainant shall be notified of the probable cause finding and the reason(s) for such finding. b. The Conciliation Team shall then attempt to resolve the complaint through conciliation. 6. If the Conciliation Team and Staff disagree regarding the finding of cause or no cause, the Conciliation Team shall make the final cause determination. a. If the Conciliation Team finds no probable cause to exist, the Conciliation Team shall proceed as outlined in Section 18-39 of the Ordinance. b. If the Conciliation Team finds probable cause to exist, the Conciliation Team shall proceed as outlined below. 7. In findings of probable cause, the Conciliation Team shall seek to resolve the complaint through conciliation. (See Section 18- 40, Ordinance.) If the Conciliation Team is unable to effectuate a disposition within ninety (90) days after the finding of probable cause. a. The Team shall file a report of no conciliation with the Commission and recommend what further action should be taken. b. The Team may recommend closing the case or referring the case by certified mail to the appropriate agencies with supporting case documents. After all parties are notified, the case would be closed and reported to the Commission. C. The Conciliation Team may recommend the case proceed to public hearing requiring the respondent to answer charges. E. Administrative closure. Should a complaint pending before the Commission be resolved or closed by the Iowa State Civil Rights Commission or the Equal Employment Opportunity Commission, the Commission Chairperson shall appoint a conciliation team to review the disposition. If the conciliation team finds that the complaint has been appropriately resolved, the cos,e shall be administratively closed. All parties shall be so notified by certified mail. F. Injunctions. The City Attorney, the Commission Chairperson or the Conciliation Team may recommend to the City Council to seek a temporary injunction in District Court to preserve the status quo or to cause the person charged to cease and desist from a continuance of the practice complained of. The City Attorney shall seek temporary injunctions according to State Law. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a/Woo 6 ^ 1 G. Public hearing procedures. I. Hearing Officer(s) shall be appointed by the Commission Chairperson; Commission members may serve in this capacity or herr•inq officers may be employed. 2. the Hearing Officer(s) shall state in writing at least ten (10) days prior to the hearing his/her interest in the case and his/her acquaintance with the parties. a. If the hearing officer(s) report(s) such interest or acquaintance, the Commission may by majority vote determine whether a conflict of interest exists. b. If such conflict exists, the Commission may subsequently dismiss the hearing officer(s). 3. The Commission shall cause to be served upon the person(s) charged a written ss3 notice that a public hearing will be held on the complaint. i y a. The notice shall state the time, date and location. b. The notice shall include a statement of the complaint or a summary. 4. The testimony and records given shall be recorded, and transcribed if ordered by the Commission. ;S Opportunity shall be afforded all parties to respond and present evidence and rS argument on all issues involved. Parties may represent themselves or may be represented by an attorney-at-law. 5. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a court of law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be required to be submitted in verified written form. 6. Documentary evidence may be received in the form of copies or J excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original, if available. 7. Witnesses at the hearing, or available persons whose testimony has been submited in written form shall be subject to cross- examination by any party as necessary for a full and true disclosure of the facts. I MICROFILMED BY 9 JORM MICR+LAB `� CEDAR RAPIDS • DES MOINES 8. The hearing officer shall conduct the hearing and have power to administer oaths. N. Decision of agency after hearing. 1. Upon submission of all evidence, the hearing officer shall submit her/his written findings, conclusions of law, and recommended order to the Commission within fifteen (15) days. This time period may be extended by the Commission Chairperson for cause. 2. The Commission shall review the hearing officer's decision and may affirm, modify or reverse the recommended findings, conclusions of law and order. The Commission's final decision shall be made in accordance with the provisions of Section 18-43 of the Ordinance. I. Subpoena powers. 1. The Investigator and/or City Attorney may.make a written request to the Commission for a subpoena. a. The necessity for a subpoena will be explained. b. The Chairperson of the Commission may issue, on behalf of the Commission, a subpoena. C. The subpoena will state the name of the Commission, the purpose, name and address of the party on whose behalf the subpoena is issued, the name of the specific person the subpoena is directed to, the specific materials 'requested, and the time and place for the delivery of such materials. d. The subpoena shall be issued as promptly as possible after a written request for the materials is delivered to the I, person possessing the needed materials by the staff or sent by registered mail. t. I e. A subpoena may be issued without prior oral or written a request for materials where the complaint is scheduled for ! Public hearing. f. A subpoena may direct the addressed person to attend the hearing and give testimony. IX. AMENDMENTS. These by-laws can be amended at any regular Commission meeting by a two- thirds (2/3) vote, provided that the amendment has been submitted in writing prior to the meeting at which it is to be acted upon and such amendment is not in conflict with Ordinance #2598, as amended, MICROFILMED BY JORM MICR+LAB !{ CEDAR RAPIDS •DES MOINES ;i