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HomeMy WebLinkAbout1980-01-08 Bd Comm minutess _ _ / MINUTES MAYOR'S YOUTH EMPLDYMENT PROGRAM DECEMBER It, 1979 - 3:30 P.M. CHAMBER OF COMMERCE MEMBERS PRESENT: Barber, Curtis, Holzhammer, Johnson, Kelley, Kaefer, Schreiber I I MEMBERS ABSENT: Kidwell I j STAFF PRESENT: Robinson, Dixon i GUESTS PRESENT: Hawkins SUMMARY OF DISCUSSION I Chairperson Schreiber called the meeting to order. Board minutes for September f 12, 1979 were approved. The Board did not hold a meeting in October as the recruit- ' ment process for a new Director was still inress. ro convene in November due to a lack of a quorumP B The Board did not officially Director Robinson introduced himself and gave some background information about his work history. Robinson has had previous experience in youth employment programs in Polk County. Discussion of Board By-laws Setting terms of office for Board members was discussed. Recommendations to be voted on at the next meeting will include the following amendments to the by-laws: 1. Adding two youth enrollees to the Board 2. Setting three year terms for Board members Board members Barber and Holzhammer volunteered to resign from their positions on the Board in March 1980. These Board positions will be listed for recruitment purposes with the City in January 1980. Board members Karr and Nelson have resigned from the Board. 8111 Kidwell has replaced Stan Aldinger as the representative from the Iowa City School Board, Legislative Committee Director Robinson requested volunteers for a legislative committee'. The first Issue for consideration for the committee will be the possibility of lowering the starting wage for enrollees or. the Programand developing some type of graduated scale for hourly wage up to or possibly exceeding the minimum wage. Robinson indicated that he thought it would be more of an incentive for enrollees to have some type of monetary increase available to them based on experience, length of employment with the Program, and compensation for good work habits. Barber and Curtis volunteered to investigate the particulars involved in considering such a step. A report will be given at the next meeting. U -Earn It and Restitution Programs Robinson provided some background information on the two program. Robinson talked MICROFILMED BY JORM MICR46LA9 i CEDAR RAPIDS - DES MOINES Mayor's Youth Employ t Program December 11, 1979 Page 2 with the local probation office in tegards to the U -Earn It program. The probation office feels that at the present time there is not a need for such a program. Director Robinson consulted with the Board about on-the-job training for young people. He will be checking out job possibilities in the private sector for such training. It was suggested to explore funding from sources such a■ the United Way of Johnson County for the purpose of developing private sector jobs. ADC Requirement Reduced A request was made to the State in order to reduce the ADC requirement level from 40% to 25%. Director Robinson indicated that this request was granted to the Mayor's Youth Program. Ocher youth employment programs were discussed and Director Robinson will look into the possibility of coordinating youth employment services within the Johnson County area. Next Meeting A Board meeting is scheduled for January 8, 1980. This is a Tuesday and the meeting will convene at 3:30 P.M. at the Chamber of Commerce. MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES n MINUTES IOWA CITY HUMAN RIGHTS COMMISSION SPECIAL MEETING, November 7, 1979 CITY MANAGERS CONFERENCE ROOM MEMBERS PRESENT: Braverman; Costantlno; Kuhn; Marcus; McCart; McGuire; MunzemmnIcr; Reyes; Yates(arrived after the meeting began). STAFF PRESENT: Brown; Scholten; 7ukrowski GUESTS: A sign-up sheet was circulated for visitors. It is attached. RECOMMENDATIONS TO CITY COUNCIL: I None RECOMMENDATIONS TO CITY MANAGER AND STAFF: Send the Commission's letter focusing on racial harmony in the community. Reyes and Marcus were to draft the letter, review it with the legal staff and submit it to Zukrowski. Commissioners were to identify key community and organizational leaders who should receive the letter. SUMMARY OF RELEVANT DISCUSSION: A special meeting of the Iowa City Human Rights Commission was held at 7:35 p.m. to bring the Commissioners up to date on all developments pertaining to Woodfields. Scholten reported that the Court ruled on the special request that the Liquor Board had jurisdiction over the suspension of the liquor license. A hearing had been scheduled for November 29, but the scope of the hearing is in dispute. Scholten indicated his position is that Woodfield's appeal to the board is untimely. If the suspension is upheld, the remainder of the suspension would be served. The appeal by Woodfield's of the Commission's finding is still in the Court's jurisdiction. Reyes raised her concern over an advertisement that appeared in the Daily Iowan for Woodfield's. This was the ad referring to Rednecks. Although there is a question of tastefulness, legal action regarding this ad was doubtful. Commissioners were concerned with the implications and connotations of the advertisement that Blacks were not welcomed and that this type of ad was detrimental to the community. Commissioners and visitors discussed alternatives available in addressing negative attitudes and hostility towards groups in the community. Several'ideas were generated including: a letter from the commission stressing the need for racial har- mony; conducting a forum in the community with organizational representatives; inviting community groups to sponsor their own programs to reach their constituents; sending letters to news- paper editors supporting racial harmony. MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES Iowa City Human Rights Commission Minutes November 7, 1979 Page 2 Reyes moved and Costantinu seconded that the Commissioners send a letter to various organizations expressing concern for racial harmony in the community, requesting feedback, and implement long range plans to deal with racial harmony. Commissioners discussed the scope of the letter and whether other than racial/ethnic groups be included. After discussion, it was concluded that at this time, the focus of the letter be on racial/ethnic concerns. Reyes withdrew her motion. i After further discussion, Reyes moved and Marcus seconded that the Human Rights Commission send a letter to various organizations and individuals stating the Commission's concern for racial harmony in a diversified community. The organizations and individuals were to be asked to give their support cial harmony by writing to newspaper editors, calling this rtoatheir I constituents' attention, and publicly supporting it by incorp— orating efforts into educational programs. All Commissioners voted "aye." Reyes and Marcus were to draft the letter in one week; the Commissioners were to identify organizations to receive this letter and to submit it to Zukrowski. Munzenmaier moved and Kuhn seconded that the Commission issue a press release embodying the Commission's concerns for racial I harmony, calling on other community groups for help in this endeavor. All voted "aye." The meeting adjoined at 8:45 p.m. i MICROFILMED BY DORM MICR+LA6 j CEDAR RAPIDS • DES MOINES _.------ —1.1.11. MICROFILMED DY JORM MICR�LA8 CEDAR RAPIDS • DES MOINES ,'1 3G 6,.e -f' *4/5- 36 1✓ cor, * ■ i� �^ --MINUTES IOWA CITY HUMAN RIGHT.) COMMISSION December 17, 1979 ENGINEERING CONFERENCE ROOM MEMBERS PRESENT: Braverman; Costantino; Kuhn; Marcus; McGuire; Munzenmaier; Yates. MEMBERS ABSENT: McCartt; Reyes (both excused). STAFF PRESENT Mejia; Scholten; Zukrowski. GUESTS: Karen Kalergis, KXIC. RECOMMENDATIONS TO THE CITY COUNCIL: Commissioners will submit recommendations for appointments to upcoming vacancies on the Commission for the Council's consideration. RECOMMENDATIONS TO THE CITY MANAGER AND STAFF: Commissioners requested Sophie to draft memo regarding recommendations for vacancies on the Commission. Commissioners asked Roger for a formal legal opinion on how subcommittees of the Commission are to be handled in reference to the open meetings law. ;UMMARY OF RELEVANT DISCUSSION: 1. The Ilerernber 17, 1979 meeting was called to order at 7:07 p.m. by Agnes Kuhn. 2. Marcus moved and Yates seconded that the minutes from the meeting of November 28, 1979 be accepted as submitted. Passed unanimously. Minutes from the special meeting of November 7, 1979 were deferred. Marcus moved and Costantino seconded that the minutes from the meeting of July 26, 1979 be accepted as submitted. Passed unanimously. 3. Selection of New Commissioners. McGuire moved and Kuhn seconded that Sophie draft a memo summarizing the discussion of priorities in selecting the new Commissioners, and include a list of the top four people. Costantino abstained while all other Commissioners voted aye. The three main concerns expressed in regard to new Commissioners appeared to be (1) cultural diversity (2) balance between university and community and (3) skills. 4. Sunrise Breakfast. Including the press, 132 people attended the breakfast. This was an excellent response and Commissioners expressed their hope that the response will be the same for future events. It was felt that there should have been some concrete suggestions given to the audience to put into their daily lives. Sophie presented plaques to Yates and Costantino in appreciation of the work they have done on the Commission. MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES Iowa City Human Rights Commission Minutes December 17, 1979 Page 2 5. Open Meetings Law. Scholten reported that conciliation teams are excluded froin the meetings law as they are acting in a staff function. 601A also requires that these be confidential. Organized subcommittees to take action are included under the law. Commissioners requested Scholten to submit a formal legal opinion on the interpretation of subcommittees. 6. It was reported that the letter referring to Affirmative Action has been - sent to Colleen Jones. 7. Ordinance Revision Committee Report. Injunctive power: City Council has the right to seek this, the Commission does not have this power. They must make a recommendation to the Council. Council can delegate this authority. Complaint hearing and conciliation process. As long as the function of the staff person or commissioner in the complaint process does not do anything to undo the law, it is permissable. The local ordinance can be different from the state ordinance as long as the intent is not different. The local ordinance can expand on the state law if desired. Certifying remedy. May be offered at the conciliation stage (must be approved by the entire Commission). Do not have to wait for a public hearing to take place. Prior to pre -determination there can be a settlement. The Commission does not have the right to sue. Jurisdiction. The Commission has no jurisdiction over the university. The only way for a person to seek a remedy is through the merit system In other than employment situations, they must refer to 601A. Commissioners discussed what could be done to include more persons under the local ordinance. The concerns regarding clarification of jurisdiction are to be addressed by legal. P,,. Compliance Monitoring Guide. This is to be put into final form by Sophie. 9. Open House. Ilo status change from last report. Reconvening after the first of the year. 10. Education. Ip light of the breakfast followup there will be a report for the next meeting. 11. Staff Report. Will follow. Linda Eaton briefs were distributed. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES :■ e-, Iowa City Human Rights ommission Minutes December 17, 1979 Page 3 I%. Cnwpldint o. I/P, III -II -/711. i.nmpldining party requesl.inq cougllalnL not be pursued - Closure hosed on confirmation. b. E/RRS, 9-25-7910. Report to be written. j C. E/R, 9-18-7909. Questionnaire to be returned. d. E/Re, 9-13-7908. First amendment. e. H/D, 7-23-7902. Letter to complaining party returned. v i f. E/R, 7-10-7907. In investigation. i 9. E/R, 7-10-7906. In investigation. h. E/S, 3-27-7903. Complainant and respondent reached a mutual agree- ment; Commission not involved. EEOC said they would close it out. - - Not to be discussed until the case has been settled - terms of agreement not to be seen by Commissioners until after closure. - i. E/R, 2-15-7902. Awaiting cndciliation team report. j. E/S, 5-2-7905. Pre -determination settlement has one area of disagreement which should be settled soon. Must be approved by entire Commission. Special session scheduled for Thursday, December 20, 1979, 7:00 p.m. k. E/R, 12-22-7810. Respondent declined settlement. n 1. E/A, 11-28-7912. 1n investigation. 13. Kuhn moved and Munzenmaier seconded that the meeting be adjourned. Passed unanimously. Meeting adjourned at 9:40 p.m. fi i I I I I t f� f I i c i MICROFILMED BY JORM MICR+LAB ,I CEDAR RAPIDS • DES MOINES ..A J a I MINUTES HOUSING APPEALS BOARD NOVEMBER 8, 1979 8:00 AM MEMBERS PRESENT: Owens, Smithey, Dennis. MEMBERS ABSENT: Klaus, VanderZee, Graf. STAFF PRESENT: Cook, Steinbach, Malone, Keubler, Hoard. OTHERS PRESENT: Richard Osterman, Gary Fink, Maynard Schmidt. BUSINESS Steinbach stated to the Board that it was his feeling that no further evening meetings needed to be scheduled before the Board since there are numerous violations which would be dismissed including appealed violations. He further stated that the department is reviewing all files with outstanding violations and issuing letters to all owners/operators that would be affected by recent Housing Code changes. He stated that this would definitely reduce the number of appeal cases and that he would keep the Board updated as to the backlog reduction caused by these Code changes. The Appeals Board made a decision to write a memorandum to the City Council complimenting the staff on the efforts expended by :hem in dealing with housing appeals and in appreciation of the manner in which the Housing Division has responded to the general public. ACTIONS OF THE BOARD Second reading of changes to the Housing Appeals Board Bylaws could not be approved due to lack of sufficient number of Board members. BOARD TO CONSIDER THE CASE OF MR RAYMOND E LYON - 911 E. WASHINGTON Mr. Raymond E. Lyon was unable to attend this hearing due to a commitment in Vermont. To represent Mr. Lyon, Richard Osterman of the Iowa City Property Owners Association was present at the hearing. A short discussion took place to explain to Mr. Osterman why the hearing could not be postponed until such time that Mr. Lyon could be present. Steinbach stated that appeals are heard in the order in which they are received by the Housing Division. Steinbach stated that Mr. Lyon had received a Notice of Violation from inspector Kuebler on August 27, 1979. A letter requesting an appeal was filed with the City Clerk on September 4, 1979, therefore, the request was properly filed. Kuebler stated that he conducted an annual inspection on August 10, 1979. It was noted that N2, M3, ke, M9, N10, N12 and N14 on the Notice of Violation were being appealed by Mr. Lyon. Kuebler stated that Violations #2.b. -h., N3, #9, and M14.a., b., and c, would be dismissed by the City MICROFILMED BY JORM MICR+LAD CEDAR RAPIDS • DES MOINES Housing Appea _ Board November 8, 1979 Page 2 due to code changes. Kuebler read through all the other violations and gave the Board a brief explanation of why they were written up as violations of the Code. Considerable discussion ensued regarding violation N12 "Lack of required minimum room size". It was noted that this inspection was the first inspection in which diagrams of all units within the structure were measured. It was further noted hat the requirement of minimum room dimensions is found in the State Code and explained to Mr. Osterman that the Appeals Board did not have the power to grant a variance in this instance. Smithey moved, Dennis seconded, that the Notice of Violation be upheld as written. Motion carried unanimously. Board took a five minute recess. Chairperson Owens swore in those who would testify. Steinbach clarified for the sake of the Board members that what was being appealed was not a Notice of Violation but a Notice of Eligibility for Rent Escrow. He further stated that specific violations could not be i appealed as all appeal rights regarding those violations had been waived by the owners upon the expiration of appeal rights after receipt of the Notice of Violation. j Malone stated that he had conducted a reinspection at 407 North Dubuque and, subsequent to that reinspection and due to the fact that there were still outstanding violations, he was instructed by the administration to make the property and tenants eligible for rent escrow. A short history of the property and its owners was presented to the Board and it was determined that several of the violations do, in fact, continue to exist. Schmidt stated that when he and Mr. McDonald bought the property a year ago, they were unaware of the fact that there were outstanding violations on the property. I Malone stated that the prior owners had made an appeal regarding the l violations and that the violations were upheld by the Appeals Board. Smithey moved, Dennis seconded, that the Notice of Eligibility for Rent Escrow be upheld by the Appeals Board. Motion carried unanimously. BOARD TO CONSIDER THE CASE OF MR. GARY L. FINK - 114-116 E. WASHINGTON ! Mr. Fink was sworn in by Chairperson Owens. Steinbach stated that this property was inspected July 27, 1979 by Inspector Pamela Barnes. A Notice of Violation in regards to that inspection was issued and received by Mr. Fink on August 29, 1979. Mr. Fink's letter requesting an appeal before the Housing Appeals Board was properly filed. received on August 6, 1979, therefore the appeal was i MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES Housing Appeal�oard November 8, 19'/7 Page 3 Steinbach stated that to the best of his knowledge the violation had been properly cited by inspector Barnes and it was also apparent that this was a violation that would, if corrected, result in a substantial cost to the owner. He stated that the City is sensitive to this problem and would offer their assistance at any time. Mr. Fink stated that he had bought the property in 1976 and at that time there were considerable Housing Code violations outstanding against the property. He further stated that much time and money had been expended in bringing the dwelling units up to Code and that in 1977 and 1978 the property was found to have no deficiencies regarding the Housing Code. Mr. Fink stated that his main concern was as to how extensive the renovation would be in order to comply with the Code. Steinbach stated that he, personally, would work on this problem with Mr. Fink and would survey the building to determine what avenues could be used in order to make corrections. Smithey moved, Dennis seconded, that the violation be upheld as written. Motion carried unanimously. It was agreed by Steinbach and Mr. Fink that a further inspection of the property would be conducted and that the building inspector or official would also be present. Steinbach introduced to the Board the newest member of the Housing Inspection staff; Judy Hoard. I The Appeals Board took a five minute recess. I BOARD TO CONSIDER THE CASE OF MRS. FRANK EICHER - 12-1211 S. DUBUQUE Mrs. Eicher not in attendance. i Steinbach stated that inspector Brian Kuebler had conducted a complaint s inspection on August 10, 1979. A Notice of Violation was issued to Mrs. Eicher and received by her on August 31, 1979. The request for a hearing before the Housing Appeals Board was received by the City Clerk on September 6, 1979, therefore, it was properly filed. Inspector Kuebler stated that he had conducted a complaint inspection on this property on July 17, 1979. He stated that he conducted the inspection on apartment M1 only and that it was conducted in the early morning of the 17th at which time he found the apartment to be uncomfortably warm and also noted that the bank thermometer read 680 F. Inspector Kuebler distributed drawings of this dwelling unit in order that the Board members could familiarize themselves with the layout of the unit. Inspector Kuebler said that the only light and ventilation supplied to this dwelling unit was through a skylight located in the ceiling. He stated that there are buildings on each side of this unit prohibiting windows or other such means of light infiltration. Kuebler stated that the tenants of this dwelling unit had told him that they had complained about the overheating problem and lack of ventilation to the owners and j had received no response from them. Mr. Kuebler did determine that the I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES _ - Housing Appea'l"9oard i November 8, 15., Page 4 supplied skylight did have an operable hatchway located within it, however the dimensions of said hatchway could not be greater than two feet by three feet. Kuebler further stated that the skylight is made up of a shaft with glazing above and that there is located within the skylight an air conditioner. Kuebler then read.applicable Housing Code sections to present reasons as to why the violation was written up by him. Kuebler stated that there is an approximate ten square foot deficiency in regards to the natural light requirement and in addition there is a considerable amount of deficiency relating to ventilation in this dwelling unit. Kuebler stated that it was his understanding of Mrs. Eicher's appeal that she was stating that she had been told by another inspector that the skylight met all applicable City codes and that she was appealing his determination. Steinbach stated that the City, of course, would offer its services in helping her to determine the easiest and least costly remedy for this Code requirement. Kuebler stated that Mrs. Eicher had discussed with him the situation and that it was her feeling that no additional window area could be added. A lengthy discussion followed in determining clarification of the supplied facilities, a consideration of the estoppel argument, and whether there is a factual dispute. Dennis moved, Smithey seconded, that the violation be upheld as written. Motion carried unanimously. Meeting was �adjourned. Prepared by: l Approved by: `Mc n AP""`�' �Dv.StnlG 'f�PP��-S �AQ� — EGE�RE2 l3,tk-19 MICROrILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M I ;lr a IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES SPECIAL MEETING November 15, 1979 Director's Office 4:00 PM MEMBERS PRESENT: Bartley, Gritsch, Hyman, Immermann, Cavitt, Zastrow, Ostedgaard MEMBERS ABSENT: Bezenson, Richerson STAFF PRESENT: Eggers, Ingersoll The meeting was called to order at 4:20 by Vice President, Bartley. COhAtITTEE REPORTS: Ed Zastrow of Building Committee N3 announced that he had T9 reed to be the coordinator for the private fund drive. He stated that he wanted the Board to do as much as they were comfortable doing - contacting people that they know personally. Zastrow asked that Board members review lists of names (lists A and B) within the next 2 weeks, identify those they know personally and might solicit. In addition to money, other gift ideas might be books, works of art, etc. In addition to A and B lists, each Board member should compile a list of 20-25 people for a "good" prospects list. People an this list (100-200) would be sent a letter on library letterhead rather than a personal visit. This group would augment lists A and B. It was dPc;iad ryyt rhe Rick -off Would y.obahly be after the first of the year and that 60 days should be adequate to cover the campaign. Certain individuals who may be gone after the first of the year, could be contacted personally before Christmas. The actual kick-off date, if possible, will coincide with the announcement of the first big gift. NEW BUSINESS: FY1981 BUDGET The Director announced that this is the most importantannual task that the Board undertakes and stated that our three main goals remain the same: 1. Get a new building 2. Automate library records and procedures 3. Enlarge the collection Eggers made the following comments in regard to the FY1981 budget: I. The library's FY1981 budget goes to the City Manager on November 20th for staff review. 2. There is a jump of $120,000 in budget over previous year (22% increase) Most of the increase is due to personnel salaries, computer mainten- ance, new building operation costs. The remainder is from rising costs of standard items and services. 3. Because of a different budgeting method in FY1980, about $10,000 will be needed above the current budget for personnel, so comparison with FY81 figures are difficult. Increases shown for salaries are at the rate recommended by the city. (over) MICROFILJED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES IOWA CITY PUBLIC LIBMARY BOARD OF TRUSTEES SPECIAL FETING November 1S, 1979 4. Utilities are a large item since there could be over -lapping service - could be heating both buildings in the Spring of 181. 5. In regard to the CLSI maintenance contract: The continuing auto- mation process will begin to save money after completion and the move to a new building -in 2-3 years. 6. The materials budget, based on the goals approved at the September meeting, allows for enough funds to continue to acquire new items at about 75% of the rate needed to build and maintain a collection for this size and type of community. Because a large percentage must always be spent on updating, repairing and replacing items in the collection, if the funding falls much below this all efforts to increase the size of the collection through gifts and grants will be in vain. The collection is still about 70% of the size it needs to be. Cavitt noted that she thought the travel/education budget was appallingly low. She stated she felt continuing education was of prime importance for the well-being of any institution. Motion made by Ostedgaard to approve the budget as presented. Seconded by Immermann. The. meeting was adjourned at 5:35 by Vice President Bartley. Joa Jehle, Recor er MICROFILMED BY DORM MICR+LAB r. CEDAR RAPIDS - DES MOINES ii MINUTES - SPECIAL MUTING IOWA CITY PARKS AND RECREATION COMMISSION RECREATION CENTER ROOM A NOVEMBER 2, 1979 MEMBERS PRESENT: Phelps, Crum, Robertson, McLaughlin, Thayer MEMBERS ABSENT: Berry, Boutelle, Hillman, Humbert STAFF PRESENT: Showalter, Christner I GUESTS: Harold Adams, Leah Adams, Mary Gode, 0. J. Gode, Jeanne Gode, Sally Crowl, Beverly J. McCabe, Dennis Courtnage, Claire L. Gerber, Walter L. Gerber, R. D. Bastron, Marilyn Rogers, Jack Rogers SUMMARY OF DISCUSSION AND FORMAL ACTIOI4 TAKEN A special meeting was called at the request of the Willow Creek neighbors to discuss the proposed tennis courts at Willow Creek Park. Harold Adams expressed concern about the serious•traffic problems caused by park visitors, especially during soccer games and other activities. Also, the location chosen for the courts is one of the most used areas of the park - for softball, frisbee, volleyball, kite flying, etc. Other guests agreed that the -cars parked along Teg pose a problem for children crossing Teg. A suggestion was made to have parking on the north side of the park with access off'Benton. Showalter stated that.there had at one time been plans to have a parking lot west of the'drainage area and behind the burro of wild plum trees, but there may be a problem of the city rejecting another access on Benton: Discussion then turned to whether courts were needed at the park. The Willow Creek neighbors were divided as to whether;they wanted courts in the park, but most agreed 'that if courts were to tiebuilt in the park they would prefer another location. Thayer noted that the'Parks and Recreation Commission must consid6'r all west side residen.t's',=and'that there was a definite need for courts on the west side of .Iowa':City. Showalter added that the building of•thq courts would be contingent.on receiving 50% federal funding. 0. J. Gode offered the.Possibility of utilizing a,'triangular area on the north side of the park.which is not now used. ''Tt:would need to be filled in to assure that the courts were not in the flood.plain. There would also be room for a parking lot in the adjacent •area. , Another suggestion discussed was to make a bike path•tb the triangular area rather than building a parking lot. It was agreed by thel6mmission that a federal grant would not be filed until the alternate area has been researched. Motion to adjourn, Thayer/Crum; unanimous. ►%QIt1� Il n ill, If 1 �UrJLJ J Karen wirisEner, ecretary h MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I rte, MINUTES IOWA CITY PARKS AND RECREATION COMMISSION RECREATION CENTER, ROOM B NOVEMBER 14, 1979 MEMBERS PRESENT: Thayer, Berry, Crum, Hillman, Phelps MEMBERS ABSENT: Humbert, Boutelle, McLaughlin, Robertson STAFF PRESENT: Lee, Howell, Christner I , GUESTS: Vickie Pampel, Cathy Carlyle (KXIC) SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN One correction on the October 10, 1979 meeting - Ralph Vilihauer should be corrected to read Howard Villhauer. Motion to approve minutes Hillman/ Berry. Unanimous. BUDGETS Bob Lee gave a short explanation of the forms. included in each budget, and explained that the Finance Department gave everyone figures for inflation increases on such items as fuel and electricity, plus a normal 5% increase for services. Any increases above 5% had to be included on an Expanded Service Level form. The Service Level Reductions form (B-5) will be used by the City Council and City Manager as suggestions for items which could be reduced in each individual budget. Bob Howell discussed the Parks budget. The City has a new system for equipment rental, including vehicles; they have a set rate for the rental, plus they set aside a certain amount for replacement. Therefore, individual departments do not own vehicles but lease them. Thayer requested information about CDD, and stressed the importance of a high level of service in that area. Lee and Howell explained that CBD has a separate budget which does not fall under the province of the Parks and Recreation Commission. Parks personnel does some of the work in CBD, i.e., trash removal and some snow removal. Thayer requested that Howell and Showalter keep track of time spent by the parks crews on CBD, and if there is an increase in service to CDD that the parks budget should be increased accordingly. The Parks division will maintain the play equipment in the Plaza. Parks will also be responsible for shoveling snow on delinquent homeowners' property if snow is not removed within 24 hours (per the new snow removal ordinance). Fees collected will go to the general fund. Motion to approve the parks budget, Thayer/Hillman; unanimous. Bob Lee discussed the.Recreation budget. There is an Expanded Service Level budget for Children's Museum; unless it is funded by the City, it may not be operated. This amount'is not included in the Recreation budget. Service Level Reductions were discussed, including cutting Aid to Agencies (Babe Ruth, girls' softball, Mark IV, etc.), some classes, child care, etc. A question was raisedregarding the funds which are taken in by the Recreation Center for classes,. lessons, child care, pool, etc., and whether they are taken into account when figuring the budget. Lee responded that all receipts, approximately $70,000 to $80,000 per year, are deposited to the City's MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i November 14, 1979, Page 2 general fund, and that he receives a monthly report stating the amount of Rec- reation receipts. Further discussion resulted in a motion to accept the Recreation budget, but request that the income figures for the last year be shown with it, and that projections for next year also be shown. Thayer/ Hillman; unanimous. The Parks and Recreation Administration budget was approved; Berry/Hillman; unanimous. OTHER BUSINESS Vickie Pampel from Community Coordinated Child Care raised questions regarding Recreation Center programs for pre-school children, and expressed the hope that there will be more programs in the future for those children who attend day care centers. Lee responded that current programs for pre-schoolers include Kindergym and unorganized play in the gym on Monday mornings. Swim lessons for pre-schoolers are geared for one adult to one child. Pampel requested consideration of having one adult for two children for swim lessons; Lee agreed to discuss this possibility with the aquatics supervisor. Hillman suggested placing gliders in some of the parks, especially near the river or in shaded areas, for use by adults and senior citizens. Howell will check into cost and ways to fund the project. Hillman raised another question about the status of the Neuzil tract, and what had been done regarding the purchase of the land for park use. Christner responded that Showalter was still negotiating with the Neuzil family. Thayer moved that the Commission go on record to commend Bill Gilpin for his outstanding service as chairman of the Riverfront Commission. A letter will be composed and signed by Crum. Seconded by Berry; unanimous. A task committee with the Iowa City Community School District for joint funding of an indoor pool will be set up; Neal Berlin, Dennis Showalter, and one Commission member will serve on the committee. CHAIRPERSON'S REPORT Crum reported that the Willow Creek neighbors are very concerned about the proposal to build tennis courts in the northeast part of Willow Creek Park. They don't want their green, much -used area converted to tennis courts. One neighbor, 0. J. Gode, suggested an alternative location for the courts - a triangular area which is not now used. This area may require a parking lot, with access off Benton. The neighbors do not want a parking lot cut into the park off Teg Drive. The City has tentatively approved $30,000 for the courts, dependent on a matching grant of federal monies. There being no further business, the meeting was adjourned at 9:05 p.m. KG1.tw UaL6>rJUA) Karen Christner, Secretary MICROFILMED BY DORM MICR41-AB CEDAR RAPIDS • DES MOINES MICROFILMED BY JORM MICR+LAIB CEDAR RAPIDS • DES MOINES t MINlrms IOWA CI'T'Y BOARD 01: ADJUSTMENT DECEMBI:R 5, 1979 -- 4:30 P.M. I CIVIC CENTER COUNCIL CHAMBERS i i MEMBERS PRESENT: Vanderhocf, Harris, Bartels, lialdus MEMBERS ABSENT: Conlin j� STAFF PRESENT: Beothroy, Ryan, Wilkinson, Siders, Kendall, Steinbach, Kucharzak f � FORMAI. ACTIONS TAKEN: 1. V-7911. That the exception requested by liawkcyc Cablevision as provided in I Section 8.10.2811.2a of the Zoning Ordinance to permit the construction of 175 foot cable TV tower be granted as shown on the new location map on the 100 square foot tract of land. I 2. V-7912. That the variance to Section 8.10.35.9.C.1 of the Sign Ordinance to L permit Eagles Discount Supermarket to erect an advertising sign be denied. 3. V-7912. That the request for an interpretation to Section 8.10.35.9.C.1 of the Sign Ordinance as requested by Eagles Discount Supermarket be denied. ° 4. V-7914. That the variance to Section 8.10.35.IBB of the Zoning Ordinance to i permit Eagles Discount Supermarket to erect an advertising sign be denied. SUMMARY OF DISCUSSION: a 6 Harris called the meeting to order and called for consideration of the minutes of the meeting of November 7, 1979. Baldus moved, and Bartels seconded, that the �( minutes be approved as circulated. Motion carried with a vote of 3-0-1 (with Vanderhocf abstaining). i V-7912. Public hearing on an application submitted by Eagle Discount Supermarket for a variance and/or interpretation to Section 8.10.35.9.C.1 of the Sign Ordinance F to permit the erection of an advertising sign. V-7914. Public hearing on an application submitted by Eagle Discount Supermarket r fora variance to Section 8.10.35.]BB of the Zoning Ordinance to permit the erection of an advertising sign. f' Eric Swartz, attorney representing Eagles, explained Lhat the word "Center" had been li removed from the original design for the sign. When asked if Eagles was willing to 1 decrease the size of the sign, Mr. Swartz indicated that the letters had already f been decreased from a size of 66 inches to 54 inches. He further indicated that i Eagles could use a box -type sign and comply with the ordinance but that they felt the ordinance discriminated against the most attractive type of sign that could be erected. Ile did point out that a box -type sign would be less expensive and much , easier to install than the sign proposed. Mr. Kendall, City Zoning Inspector, explained that all the letters are basically SSS j 54 inches with the exception of the "111 and the "g". Ire further explained that the i f MICROFILMED BY JORM MICR+LAIB CEDAR RAPIDS • DES MOINES t et Board of Adjustment December 5, 1979 Page 2 ' sign would be very close to compliance if all the letters were 54 inches. In Mr. Kendall explained answer to questions regarding how the calculations were made, the procedure used by the Building Department. i - # Glenn Siders, Senior building Inspector, stated that he had reviewed the plans and 3 that there was a notation on the plans that the sign did not comply with the i ordinance. After sonic lengthy discussion by the Board members, Baldus moved and Bartels seconded that both applications be denied. It was decided that the motions should each be handled separately. ° Mr. Baldus moved, and Bartels seconded, that the variance to Section 8.10.35.9.C.1 of the Sign Ordinance to permit Eagles Discount Supermarket to erect an advertising Vanderhoef sign be denied. The motion carried 2-1-1 (with Bartels voting against and abstaining). Baldus moved, and Bartels seconded, that the request for an interpretation to Section 8.10.35.9.C.1 of the Sign Ordinance as requested by Eagles Discount Supermarket he q denied. Motion carried 3-0-1 (with Vanderhoef abstaining). Baldus moved that the variance to Section 8.10.35.1BB of the Zoning Ordinance to denied. Motion Permit Eagles Discount Supermarket to erect an advertising sign be died for lack of a second. Baldus again moved, and Bartels seconded, that the variance to Section 8.10.35.188 advertising of the Zoning Ordinance to permit Eagles Discount Supermarket to erect an sign be denied. Motion carried 3-0-1 (with Vanderhoef abstaining). V-7911. Public hearing on an application submitted by llawkeye Cablevision for an - exception as provided in Section 8.10.2811.2a of the Zoning Ordinance to permit the construction of 175 foot cable TV tower. Al Hood, engineer for Hawkeye Cablevision, explained that the proposed site had been relatively un- r selected because it was easily accessible and because the area was letters from Hy -Vee Food Stores, developed. He further explained that copies Of appraiser), and Mr. Charles Barker (owner of the Mr. Don Williams (a real estate be had been supplied to the Board. property on which the tower would placed) Kevin Bauman, representing Paul J. Ford & Company, explained that the tower contained loaded to capacity. lie more safety factors because the tower was not going to be is individually designed. He also indicated that further explained that each tower welding defects. Ilowever, Paul J. Ford f, Company has some towers do fail because of fail. He further indicated that Paul J. Ford F, Company does all . never had a tower of their own designs and drawings. MiI]Or, n structural engineer from Cedar Rapids, stated that he was satisfied all the Code requirements of after talking with Mr. Bauman that the tower does me1 Iowa City. I'rnry trey, n resident of the arca, presented a petition signed by 52 neighbors who r MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Board of Adjustment December 5, 1979 Page 3 are opposed to the construction of the proposed tower. He further indicated that he was opposed to an industrial use of the tower in a residential area. Peter Harstad, 9 Caroline Court, expressed his opposition to the appearance factor involved in a residential area. He also questioned whether this would be considered a public utility. In answer to Mr. Harstad's questions regarding a public utility, Ryan explained the sections of the Code under which the franchise was issued, including Section 364.2.4x. Steve Kriz, a property owner of the area, expressed his opposition to the proposed I owe r. Elliott Full, a former owner of KXIC Radio Station, explained that residents of the Wendrum Bluff development had not objected to the radio station's towers which are considerably higher than the proposed cablevision tower. Ile further explained that residents of Iowa City had become accustomed to living with much more hazardous conditions such as power lines which if they fell could cause serious injury or even death. Tom Gelman, attorney for Hawkeye Cablevision, explained that the risk of the tower failing is very remote. He further explained that the revised location had been selected in an attempt to further reduce any risk that might exist. After some discussion by the Board members, Bartels moved and Baldus seconded that the exception requested by Hawkeye Cablevision as provided in Section 8.10.28H.2a of the Zoning Ordinance to permit the construction of 175 foot cable TV tower be granted as shown on the new location map on the 100 square foot tract of land. Motion carried 3-0-1 (with Vanderhoef abstaining). V-7913. Public hearing on an application submitted by Donald Bruce Johnson, et al, for an appeal of the Building Inspector's interpretation that the residence at344 Beldon is a non -conforming duplex. The appellants were represented by William Meardon and the evidence for the property owner was presented by Tim Jarman and Donald Sherinian, the property owner. Mr. Jarman began by making a motion to dismiss on a theory of ]aches and equitable estoppel. He entered into evidence three photographs of the property which showed the enlargement of a basement window, a fire escape on the rear of the residence, and a gravelled parking area in the backyard. Ile argued that the neighbors had had actual notice of the use of the property as a duplex since at least 1974 and had failed to make any complaint until the present time. He also introduced into evidence a letter by Omer Letts, 'a City Housing Inspector, dated February 7, 1974, which referred to the basement kitchen and the need for a fire escape from the third floor. Ile stated that this represented an official City action from which the appeal should have been talon in a timely manner. The Board refused to rule on the motion to dismiss but took it under advisement. Mr. Mcardon stated for the record that he had attempted to subpoena Raymond A. Cox, 'the former owner, and that Mr. Cox was residing in Arkansas. Mr. hfeardon called Carroll Sample as a witness. Mr. Sample testified that he owned the property at MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES i Board of Adjustment December 5, 1979 Page 4 344 Beldon Avenue until 1959 when he sold it to Robcrt Krum. Ile testified that the basement was unfinished at the time of the conveyance. Ile also stated that he had visited Mr. Krum's residence and observed no chanc in use during the next two years. l; Robert Krum testified that he owned the structure from 1!1S9 to the summer of 1961 when he sold the property to Mrs. Margaret Brown, n widow. Ile stated that the basement was unimproved at the time of sale. Ile stated that he had visited the house a few times after Mrs. Brown had moved there and did not recall any renters. Ilan Hudson, an employee in the assessor's office, testified with regard to the records in the assessor's office. Vangard Appraisals, Inc., had made an appraisal at the subject property on April 15, 1974, and stated under remarks "Remodeled 1963 + patio at back of house, modern kitchen and apartment in basement". The property has been assessed as a duplex since 1974. Mr. Hudson then stated that the prior assessment record had been placed in the storage room of the Civic Center and that he had come to the Civic Center on December 4, 1979, to find the original record. He testified that the assessment record from 1959 through 1974 showed that the property was assessed as single family during this time and that there was no indication of a basement apartment. The only entry indicating an improvement was a bathroom which was added in 1966. David Malone, a Housing Inspector, testified that he recalled inspecting the structure in 1974 and that both the third floor room and the basement unit were occupied by students at that time. He also testified that he had made inspections earlier in 1979 and that the property had been brought into compliance with the Housing Code. On cross-examination, Mr. Sherinian askeMr. Maloneif eindicated thatcontacted hadyteSherinian lephone prior to his purchase of the property. had indicated that the property had been inspected conversations with Mr. Sherinian and and had been a rental unit for sometime. Glenn Siders, the Senior Building Inspector, described the evidence he considered prior to making a determination that the property was a non -conforming use. He stated that he had considered the documents indicating previous inspections by the (lousing Department, the record at the City Assessor's office, and other evidence in the re upon an affidavit by Raymond Cox, the former file. lie stated that he primarily r owner of the property which stated that his former wife had purchased the property and given possession of the lower units to John Minor and Mary Minor who occupied these premises as a separate unit for cooking and eating. In addition, the affidavit stated that she had rented a room on the third floor to Bernard Bernstein. The affidavit also stated that no vacancy had lasted longer than three or four months during the time that the property was a non -conforming use. hewilli 1dericdrthe affidavit on asked extensive questions on cross-examination regarding whether of Evelyn Bliss, a neighbor, which was contradictory to Mr. Cox's affidavit- le also asked if Mr. Siders had talked to any of the neighbors or Mr. Cox personally. Mr. Siders indicated that he had not. Terry Steinbach, the Senior Housing Inspector, testified regarding the matters he considered prior to making a determination that the property was a non -conforming use. lie stated that he had spoken by telephone to Mr. Cox on two occasions for a brief period of time and that he too had relied primarily on Mr. Cox's affidavit as the former property owner. MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES M I Hu;n•d ul' AdjustUneul Uvrvmhvr S, 1979 VaIg. 5 livclyn Bliss testified that she had resided at 343 Beldon Avenue since September of 1946. She stated that she recalled when Mrs. Brown moved into the property during the summer of 1961. Her children had played with the children of Mrs. Brown who were aged four and eight and she felt that the statements of the Brown children while in her home gave her an accurate picture of the occupancy at the Brown residence. She stated that a Mary Brown, a niece of Mrs. Brown, also resided with them and within a few months John Benda, the nephew of Mrs. Brown and the brother of Mary Brown, had moved in to go to the University and occupied the third floor bedroom. She stated that she was sure no one else occupied the dwelling until Mrs. Brown married Raymond Cox in December of 1962. She stated that Mrs. Cox died in 1965 and it was after this time that Mr. Cox made the decision to rent to students. She related an incident in which Mrs. Caldwell, another neighbor, stated that Mr. Cox had informed her that lie was going to rent to students and Mrs.. Caldwell stated that she had informed him that the neighbors would be watching that he did not rent to more students than were allowed within an RIA zone. She testified that they always believed two students lived there and had not paid attention to the particular faces and cars that might be there at a particular time. Mr. Jarman called as a witness Richard Sandler who testified that he was a law student who had lived at 344 Beldon Avenue during the academic year of 1977-78 and that three students had shared the basement property with one on the third floor sharing their kitchen facilities while Mr. Cox and his present wife were residing on the first and second floor. Doug Gilbert also testified that while a student during the academic year of 1977-78 there were three students in the lower level and one on the third floor. Mr. Sherinian also presented into evidence an affidavit from Timothy D. Benton, an Assistant Attorney General, who stated that during the period August 1974 through June 1977 he had lived in the basement apartment with three other students and one on the third floor while Mr. Cox was the landlord. Donald Sherinian, the property owner, testified that he purchased the property for $81,250 which included approximately $4,000 for furnishings. Ile stated that the property would be worth substantially less as a single family property and stated that he had taken all reasonable precautions prior to the purchase of the property. lie related his phone conversations with Woody Kendall and Dave Malone and stated that he had been shown the letter of Dave Malone indicating that the property had been brought up to compliance in January of 1979. Ile said that he had asked Dave Malone, "Is there anything else I shol-ld do to protect myself?" and that he had been told there was not. Bol, (Trane, a realtor, testified that the property would be worth approximately 15 percent less as a single family dwelling. lie stated a duplex use was the highest and best use for the property and that it had not attracted buyers while listed as a single family home. On cross-examination, he stated that the property had been listed as a single family home in the MLS listing.' Bruce Johnson testified that he lived at 336 Belden Avenue and had observed the neighboring property for a number of years. lie stated that the property had not been used as a duplex at least until Mrs. Brown died in 1965. Ile stated that they MICROFILMED BY 9 JORM MICR+LAB CEDAR RAPIDS . DES MOINES i Board of Adjustment December 5, 1979 Page 6 had always believed only two students hal lived there, lie disagreed that they have been put on notice by the activities next door. Mr. Johnson also testified that he had been in contact with Mrs. Brown's brother, .John Minor, in Cedar Rapids that day. Mr. Minor had told him that the only occupants in the house were the two minor children prior to the marriage of Mrs. Brown to Mr. Cox in 1962. Mr. Meardon made a statement that a number of neighbors were available to answer questions but that their testimony would he cumulative and that Mr. Johnson's and Mrs. Bliss' testimony was consistent with what they would also state. Mark Sherinian testified that he had a conversation with Mr. Cox two days before the hearing. Mr. Cox stated that he had made a mistake with regard to the names of the people in the structure and that John and Mary Minor were indeed John Benda and Mary Brown. Ile stated that everything else in his affidavit was correct but that he had simply forgotten their names. (NOTE: A court reporter was present during the testimony given in this case and a tape recording of the proceedings is on file in the Department of Planning and Program Development.) Date Filed: DEC 14 1919 Prepared by ri��ll����/irx/ Sandra S. Wilkinson PPD Secretary Appro MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 M I NOTES IOWA CITY PLANNING 1i ZONING COMMISSION SPECIAL N11:1;1lNG DI'.IYiNBI:R III, 1979 -- 7:30 I'.MI. CITY MANAGER'S CONFERIiNCH ROOMI MEMBERS PRESENT: Ogesen, Kammermeyer, Jakobsen, Vetter MIEMBERS ABSENT: Lehman, Blum, Lundquist STAFF PRESENT: Schmeiser The Commission held a special meeting to review the new zoning ordinance and in particular, completion of the review of the "Planned Development (lousing Zone". Suggested changes made by Commission are on file with Don Schmeiser in the Department of Planning and Program Development. Prepared by \i C" Donald Schmeiser, Senior Planner MICROFILMED BY JORM MICR+LAS -.1 CEDAR RAPIDS • DES MOINES 13• •i. •i. � n 33 MINUTES + IOIVA CI'T'Y PLANNING 1; ZO,VING COMMISSION INFORMAL MEETING DECEMBER 17, 1970 __ 7:30 P.M. CI'T'Y MANAURIS (:ONl:l:[?I:NCli ItOOM NIiAI(tlilt5 PRESENT: Ogcscn, Vetter, Blum, Jakobscn, Kammcrmcycr MEMBERS ABSENT: Lehman, Lundquist STAFF: Boothroy - Public discussion of any item not included on the agenda. j I. John Moreland inquired as to the progress being made on development of the Near Southside Study. the study for Th Blum requestedsmein staff present a report regarding the status of the study for Thursday's meeting. 2. On behalf of Dr. and Mrs. Larry G. Bigler, Larry Schnittjer distributed ;t pro - Preliminary PAD plan for a tract located on Rochester Avenue. The Commission requested staff to put pre -preliminary plan on the informal agenda of January 14, 1980, for discussion. Public discussion of an ordinance amending Sections 8.10.3A.8, .47 and S.10.8.1E, and adding Sections 8.10.3A.64C and 8.10.8.4 to Appendix A of the Code of Ordinances of Iowa City, Iowa, providing a definition for Rooming (louse and regulating its permitted use. p 4 Discussion; no action taken. I'ublic discussion of an ordinance amending Sections 8.10.35.901 and 8.1n.35.011 of Appendix A of the (',ode of Ordinances of Iowa City, Iowa, permitting facia signs & located on the face of a parapet wall to extend above the roof line and modiFying how the area of a sign is determined. Commissioner Blum felt that area of a sign composed of disconnected letters should be measured by the smallest parallelogram enclosing each letter. Boothroy said he would discuss this possibility with Glenn Siders. Further her discussion; no action SSS ---- Public discussion of a final Planned Arca Development plan of Arborhill, Phase II, located on Washington Street, cast of Green Mountain Drive; 45 -day limitation period: 12/20/79. u Boothroy stated that documentation had been found indicating that a final PAP plan hall been approved for the entire tract. Ilowever, a preliminary and final Large i Scale Residential Development plan had not been filed and would be required prior I f to issururce of any building permit. I; rue" (;Iasl(ow objected and insisted that due F to the language in the ordinance approving fi le n preliminary and final LSI th pl;m. Conmissionllrequlait cstedtri111�Yilloluiniunle rco to j girding this matter. Further discussion; no action taken. i' 1 MICROFILMED BY - JORM MICR+LAB g F ti CEDAR MPIDS • DES MOINES -�, t Planning and Zoning Commission December 17, 1979 Page 2 Public hearing on the following amendments to the Comprehensive Plan: A. *An amendment to the Comprehensive Plan Map deleting Foster Road in part or in its entirety, and/or changing Foster Road's location and functional classification. Discussion; no action taken. It. An amendment to the Comprehensive Plan (Trafficways flan) modifying 'I'rlfficway Ilesign Standards. Kammermeyer asked if the staff had prepared a set of recommendations regarding the Trarfic Ilesign Standards. Boothroy said that the Poster (toad report implied certain standards but that as to a specific recommendation, it had not yet been prepared. Further discussion; no action taken. Representatives from Perpetual Savings and Loan will be present to discuss a possible amendment to the Sign Ordinance. A representative from Perpetual Savings and Loan requested the Commission to consider amending the Sign Ordinance to permit monument signs in the CBS Zone. Commissioner Blum requested this item be placed on Thursday's agenda for discussion. 'There being no further business, the meeting was adjourned. Prepare MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES �f (i , 3� n NIINUT6S IOWA CI'T'Y PLANNING F,, ZONING CONVUSSION SPECIAL N11:11'ING OECIiA1111:R 13. 1979 •• 7::511 P.M. CITY MANACHR"; 0INPEIMNC1i ROOM N1*11R16 PRRSLNI': Kammermeyer, Vetter, Jakohsen, Lundquist MEMBERS ABSENT: Lehman, Blum, Ogesen STAIT PRESIM: Schmeiser The Commission held a special meeting to review the new zoning ordinance and in particular the "River Corridor Overlay Zone." The Commission was quite concerned with much of the ambiguity in the language of the section and whether certain elements were legally enforceable. Suggested changes to the section are on file with Don Schmeiser of the Department of Planning and Program Development. The Commission reviewed a proposed schedule of meetings for review of the new zoning ordinance. A specific schedule of meeting dates was established such that the final recommendations on the ordinance could be submitted to the Council before April. , Prepared by4L4� ✓- %•%l�.•c Donald Schmeiscr,�Senior Planner MICROFILMED BY JORM MICR+LAB ,. CEDAR RAPIDS • DES MOINES m r3 ; Jn� Fal MINUTES OF HOUSING COMMISSION MEETING HELD ON FRIDAY, DECEMBER 7, 1979, AT 3:30 p.m. in COUNCIL CHAMBERS OF CIVIC CENTER, and December 12, 1979 at 3:30 p.m. in CONFERENCE ROOM OF CIVIC CENTER MEMBERS PRESENT: 12-07-79 Klaus, Smithey, Dennis, VandcrZee, Haendel 12-12-79 Klaus, Smithey, Dennis, V:indeTZCe, Haendel, Graf MEMBERS ABSENT: 12-07-79 Owens, Graf 12-12-79 Owens STAFF PRESENT: 12-07-79 Kucharzak, Steinbach, Cook, Flinn 12-12-79 Seydel, Flinn, Cook, Steinbach I. Meeting was called to Order by Chairperson Klaus at 3:35 pm. I1. New Commissioner, Goldene Haendel, was introduced. III. Minutes of Meeting November 7, 1979, were approved as mailed on motion by VanderZee, seconded by Dennis. Approved 4/0. IV. Rehab Manual - discussion on Rehab Manual was postponed. V. Housing Code - Discussion Jean Laurence, 7114 North Gilbert Street, representing the Protective Association of Tenants, spoke in favor of the proposal of Rob Grossinger per- taining to snow removal of shared or public areas. She indicated that the re- sponsibility and duty to enforce is already contained in Chapter 9.30.7 of the Minimum Housing Code. Question was raised regarding city policy on snow removal from public sidewalks. Kucharzak advised that the city has to notify persons that it has been 24 hours since the last snow fall, and that their walk, has still not been cleared; that if it is not cleared within the next 24 hours, the city will clear, at the ex- pense of the owner. He further advised that Council is currently considering the charges for this service. In response to question from Commission, Kuchar- zak advised that at present there is no provision for parking lots. Richard Osterman, 632 South Dodge, advised Commission that it was his opinion, and that of the Apartment Owners' Association, that the Housing Code should be a ItMinimum Code". He proposed levels of evaluation; that sections directly pertaining to health and safety should be paramount. Ile further indicated that those sections relating to amenities, inconsistencies, nitpicking details should not be strictly enforced. (Upon question by Klaus, he defined "ameni- ties" as "dripping faucets, chipped paint, not lead-based, etc.") . Osterman further indicated that once thoroughly inspected, it should not be necessary to inspect every year. Additionally, Osterman stated that new building codes should not be applied to existing units. In response to question by Vander Zee pertaining to snow removal, Osterman advised he would not want to see more and more government control. He pointed out that last year was MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES J Housing Commission 12-7-79 Page 2 an exceptional year, and that the landlords did the best they could to remove the snow. Norman Bailey, 919 Talwrn Ct. spoke to the following points in the Code: 1) PAT Snow Removal Proposal - that he would like an opportunity to read the snow removal proposal and then have an opportunity to respond before anything is enacted. He would like to know actual number of complaints lodged and whether the proposal is to inspect everyone's property, or is to inspect in response to an actual complaint. 2) Bailey expressed concern with the philosophy of regulation as applied in the most recent past. 3) He is concerned with the need for a "grandfather clause". 4) Bailey feels Commission, Council and Citizen input is essential to update of State Code. Robert J. Bender, 335 South Clinton, expressed -'the following concerns: 1) That snow removal is not the kind of problem we should spend a great deal of tax payer money on; that if it is put in the Code'and Housing Department is given responsibility for enforcing, that it will be en- forced more diligently than necessary. 2) That 3 year inspections Should be adequate, or upon request of tenant. Annual inspections are excessive. 3) Grandfather Clause should be applied to ceiling height, room size, anything that does not have a direct relationship to health and safety. 4) Bender questions why city of Iowa City is finding it necessary to interpret housing codes that no other city in the state is finding fault with. Iva Hilliman, 411 South Summit, property owner and manager, cited the following concerns: 1) That Iowa City is an older city, and in the last 5 years the inspection procedures have created financial barriers and hazards to the majority of citizens of this town. That most owners are honest and have willingly made required changes without complaint for years, but that now they are being required to make changes that were O.K. four years ago. 2) That visual inspections every 3 years should be adequate. 3) That city is currently wasting money mailing separate notices via certified mail on each building. 4) Would like a general Housing Code Meeting to let more persons have an opportunity to talk. Olme Pearl Ritter, 314 North Clinton, indicated she has been renting to satisfied tenants in Iowa City for years, but because of recent require- ments of the Code, she is ashamed to tell tenants what the cost is. Richard Breazeale, 601 Granada Court, expressed the following concerns: 1) That new codes contain Grandfather Clauses, 2) That city consider giving Housing Appeals Board discretionary power, 3) Would like to see governmental authority working cooperatively with citizens, rather than the adversary relationship existing at present. 4) Responding to question by Vander7.ee regarding snow removal, Breazeale pointed out that last year was the worst year ever so far as snow fall was concerned; that we have an adequate ordinance at present. He indicated that nothing should be based on maximums, but rather should be based on averages. 5) He stated that government cannot do everything for everyone. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES (lousing Commission 12-7-79 Page 3 Smithey interjected request that before anyone leaves, if they have fur- ther concerns or comments they wish to make, that they feel free to ad- vise Commissioners of those concerns. Dallis Meier, property owner and mail person for over 20 years - indicated that last year we had a lot of snow; we didn't need a lot of snow clearing, but needed a little. Some walks were never cleared all winter. James Denham, 49 Koser, owner of real estate in Iowa City, stated: 1) That he wants more cooperation in city government. Would like to discuss in more depth with more input from affected property owners. 2) That too many ordinances and too many regulations have been devised by persons living here four or five years, then leaving us to live with them. 3) That as far as snow removal is concerned, that there has been three bad years in a row and he has only had a problem with one tenant; that in many situations it couldn't be done. 4) That there should be uniformity in inspections. 5) That frequency of inspections could be reduced, thus cutting costs. Ritter interjected that the city couldn't remove the snow and couldn't get through alleys, and that citizens shouldn't be expected to do what the city could not do. VanderZee stated he appreciates the comments, and that the (lousing Com- mission needs an opportunity to discuss the suggestions that have been made; that he feels there should be more opportunity for tenants and landlords to have an opportunity to express their ideas. Mrs. .Jessie Gunnette, 512 North Gilbert, stated she has 3 apartments, that she has been harrassed and inspected for last 10 years. That es- timates for required changes exceeded $6,000. That she went to the appeals board and this was cut in half. That now she finds she doesn't come under this ordinance. That she is 88 years old. Further discussion involved clarification of the Code, belief that land- lord should be notified of inspection in response to tenant complaint, legal liability of city employees, and repeated expressions of need for further opportunity for citizen input. VI. Meeting recessed at 5:20 p.m. until 3:30 p.m. Wednesday, Decem- ber 12, 1979, in City Manager's Conference Room of Civic Center. MICROFILMED BY J 0 R M MIC R+LA6 CEDAR RAPIDS • DES MOINES -4 CONTINUATION OF HOUSING COMMISSION MEETING OF FRIDAY, DECEMBER 7, 1979 AND WEDNESDAY, DECEMBER 12, 1979 I. Reconvene - Commission Meeting was reconvened by Chairperson Klaus at 3:40 p.m. on Wednesday, December 12, 1979. II. Housing Code - Public Discussion Continued: Rob Grossinger, representing Protective Association of Tenants (PAT), expressed the following beliefs: 1) That the State Code was adopted as a minimum guideline; 2) That he feels the Iowa City Code presently fits the health and safety guidlines and anything less would expose the city to expensive litigation. 3) That Iowa City is not an economic market place for rental housing; that there is an overabundant supply of tenants for the available space. VanderZee questioned Grossinger on Item II -A-3 of his snow removal proposal concerning who should be notified. Grossinger responded that the landlord would be notified and if he failed to comply, inspections would be on a "complaint" basis. Bob Hibbs, property owner, manager, landlord, responded first to Mr. Grossinger's comments: 1) That the fear of litigation permeates the current housing staff; that there is a tendency in society to act'and react due to the fear of litigation. 2) That current enforcement policies have eliminated much of the lower income housing making more people in need of housing assistance,thus ruling out the economic market place. 3) That a lot of time is being spent on housekeeping items (i.e. caulking on tile, etc.) and following through on inspections for such items 2 or 3 times; that we cannot afford annual inspections. Hibbs suggested a two-tier approach: 1) Housekeeping items, and 2) Major health and safety items or structural items. Cite house- keeping items, but enforce and follow�up on major health and safety items only. Hibbs further suggested that an adjustment is needed in inspection program; that we need to consider going to a 3 year program. He in- dicated that once a place is inspected and violations brought up to Code, that major violations will not occur again for 3 or 4 years, but that inspections can always occur immediately on a complaint basis. Jim Barfus, Student Senate Housing Committee and CCN, wants to 1) main- tain the highest quality Code possible; and 2) feels housing should be one of the community's priorities. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES s IIC 12-12-79 Kathryn (lull, Student Son;I(o roprvwnlntivc, indicaled she fccls each unit needs to be inspected after each tenant, and that 3 year inspections would be too long. VanderZoe advised [lull that high quality code and enforcement raises rent and restricts available housing and asked her how important is the amount of rent and availability of housing to you? Hull responded that she feels too many things would slip by with 3 year inspections. Hull feels many tenants don't know they have a right to complain. Discussion centered around availability of information to tenants re- garding their rights. Hibbs pointed out that when people have a problem, they then search out the solution to that problem; that tenant groups are providing that information when needed. It was also pointed out that brochures are provided at Registration in addition to a number of ads run in the Daily Iowan. Grossinger stated that many people don't know they have a problem, and if they don't know they have a problem, they don't seek advice, and that many don't complain because they feel violations won't be corrected before their lease runs out. Further discussion ensued about advisability of dividing up Code into suggested areas and who should do it. Cook pointed out that another purpose of the Housing Code is to prevent urban blight. Hibbs pointed out that there is little urban blight in Iowa City due to economic fac- tors and pride, and that you cannot legislate pride. There was additional discussion on cost factors, and that the tenant ultimately pays. Neces- sity of coordinating housing codes and building codes was pointed out, as well as importance of grandfathering in new codes since Iowa City is an older community. Steinbach pointed out that plans for new construction are now being viewed by (lousing 4 Inspection Services and that the stan- dards are the same for both building and housing at this point. Norm Railey offered additional comments on the PAT proposal for snow re- moval - 1) that if the Commission should recommend something along the proposed standards, that the landlord should not he required to adhere to a standard more stringent than what the city is hold to; 2) that Commission should keep in mind that there is a temperature below which chemical snow removal is ineffective; 3) if all of parking lot has to be cleared, then snow could not be stored on premises. Reasonable standards were emphasized. It was pointed out that many parking lots have alley -access to the parking lot, and that the city ceased to plow alleys last winter, thus prohibiting access to the parking lots. Grossinger concurred that there was a problem with access to parking lots and that major concern is people being safe on walkways and stairways. Cook referred to her comments at the previous session regarding fears of negligence actions based on Wilson vs. Nepstad and advised that if the city should take on a duty of responding to complaints calls or setting MICROFILMED BY JORM MICR4LAB CEDAR RAPIDS - DES MOINES 7 HC 12-12-79 up some kind of systems'of review or approach to snow removal, that once the city takes on responsibility, they are required to do it reasonably and with due care, and failure to do it in that case would be negligence. VanderZee moved that the next meeting be held in the evening to provide more of the public an opportunity to comment on the code. He requested more specific details as to what parts of the Code have something to do with health and safety and those that do not. Seconded by Smithey. Steinbach requested that continents be presented in advance of meeting, so city staff could research and respond. It was agreed that the Housing would meeting at 7:30 p.m. on the 3rd Wednesday of January. Approved 6/0. III. Subcommittee Report - re Ceiling Heights - VanderZee VanderZee reported that he had contacted the local Fire Marshall, who i had contacted the State Fire Marshall --that they could not find any evidence of a relationship between ceiling hight and fire hazard, that there are no figures available. ! VanderZee then recommended that the Commission recommend to the City Council that they adopt 61611 as a minimum ceiling height. No consensus reached. Steinbach requested to provide to Commission current variations in ceiling heights noted to date. IV. Coordinator's Report - Seydel Seydel reported 370 units under lease during December in the Section 8 program. Seydel advised Commission that a Section 8 Preliminary Proposal - New Construction has been received for Highview Manor Apartments; that the pro- posed site is currently zoned RIA and could not be rezoned without changing the Comprehensive Plan. A letter addressed to HUD will be forwarded for the Mayor's signature pointing out the zoning problem. EXECUTIVE SESSION - 6:00 p.m. Commission went into Executive Session under the provisions of the Iowa Code Section 28A5, Paragraph 1, Sub -Paragraphs A$J, # the appropriate provisions having been read into the record. The Commission discussed the Developer's Packet for Public Housing. V. Adjournment - Moved by Dennis, seconded by Haendel, that meeting be j adjourned. Approved 5/0. Meeting adjourned at 6:30 p.m. 4 MICROFILMED BY JORM MICR+LAB 1 CEDAR RAPIDS • DES MOINES 1 1� Minutes) Iowa City Airport Commission December 20, 1979 Iowa City Civic Center Members Presents Embree, Phipps, Redick, Saeugling Bleckwenn Staff Presents Zehr, Tucker i Others Presents Homer Rothleitner, John Retick, Leo Brachtenbach, Tom Drury (DI) Sue Young (KXIC), Ken Lowder, Willard Freid, Mr. Kenyon, Harry Lewis Summary of Discussion and Actions Takens The meeting was called to order at 7135 by Chairman Phipps. The minutes of the November 15th meeting were read and corrected as follows ICFS rent should read $1496 per month for a yearly total of 617,952• Next year's total income should read ,646,952. On Embree's motion regarding the 1966 lease with ICFS, Phipps ab- stained. Also, this motion should read ". . . as per the memo pjE from John Hayek, City Attorney and the August 27, 1979 letter . Saeugling moved the minutes be approved as correctedl second by Bleckwenn; motion carried. Retick moved the minutes of the November 27th meeting be approved as ready second by Bleckwenn; motion carried. Zehr showed the commission the portable radio he had purchased and presented a bill for $244.98. Embree moved to approve payment of bills presented; second by Bleckwennt motion carried. Homer Rothleitner of Port a Port described his company's portable hangars. He recommended the Executive I model, which would cost $7,630 delivered and erected. His company does not handle the asphalt base. Life expectancy is over 30 years, but the company does not guarantee this. Harry Lewis discussed roof repairs. He stressed the importance of a new roof as soon as possible. This would cost approximately 68200. Zehr asked about the feasibility of adding a second story to the building if a new roof was put on, and renting out office space. Tucker suggested the Commission might be entering into a proprie- tory function and that this should be checked into through the city. Phipps asked Lewis if it would be cheaper to put a shed or shingle roof on the building. Lewis said he would figure cost both ways. Phipps asked Zehr to check into the proprietory function and a preliminary design for a second story. MICROFILMED BY DORM MICR+LA6 CEDAR RAPIDS . DES MOINES i 2 Zehr noted that tuck -pointing is needed on the bricks of the existing walls and asked for approval to have this done. After discussion, the Commission authorized him to spend under :x500 for these repairs. Zehr presented his findings on runway reflectors. Cost would be $22.50 each plus installation costs, for a total of $1475 for 60 reflectors. He suggested checking into funding through the Master Plan. Zehr said he would like to purchase 10 now to mark turn-off points. Bleckwenn moved he be authorized to do so and also to check into purchasing the others at a later date through the Master Plan. Second by Redick) motion carried. The results of his Guest List Survey were presented by Zehr. '. Of 177 respondents, 22% used the airport for pleasure, 61% for business, and 17% for training. He did not feel the training figure was accurate because of use by the ICFS. The question of cleaning up or removing Old Jet was discussed, and the possibility of putting a plaque up in its place was suggested. Kenyon and Freid will discuss the matter with the local veterans groups and the Commission will cooperate with them. Further discussion will be placed on the agenda of the January meeting. Embree questioned a bill from the Kimball Co., saying one bill was already paid. Bleckwenn also recalled the Commission had authorized payment of this bill, and Zehr said he would check into the matter. Saeugling asked why a cost estimate for extending the runway was included on the Master Plan since it was the consensus of the group that this was unnecessary. He said the Master Plan should reflect what the Commission wants for the next ten years. Phipps said it would not hurt anything to have the cost estimate Embree agreed with Saeugling. Redick suggested they get funding for the projects on which everyone agreed and ask the consultant to strike the longer runway. Tucker suggested getting funding for the entire project and when the Plan is presented the Com- mission can choose the aspects it wants. Phipps asked for a motion to authorize him to sign the letter to Mr. Baumgartner notifying him of the Commission's decision to stay and develop the existing site. Bleckwenn so moved; second by Redick; motion carried. Redick commended the airport manager on the job he has been doing and noted she appreciated the information packets he sent out prior to the meeting. A letter from Rosemary Vitosh of the City was discussed. She j does not think there should be a :500 checking account for the airport manager since there are no guidelines for its use. Tucker said he would take the matter up with the City Attorney. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES - 3 - The Doane Agriculture Report was discussed and Phipps asked the members to study it before the next meeting. Tucker suggested the advantages of switching from a crop share lease to a cash rent basis in the future. Phipps noted that the fiscal 1981 budget resulted in a ,$48,782 deficit and that this amount would be needed from the city. Bleckwenn said the Commission should go to the City Council with a formal request and that they should make sure the budget i was not cut by city staff before it got to the Council. Embree said the budget was not big enough and asked where money would be found for matching funds which would be needed to implement the Master Plan. Embree moved to amend Item 86.40 and instead add their matching E funds for runway overlay, that figure to be supplied by Zehr from the Master Plan alternatives. Second by Redicki motion carried. f Embree moved the Commission approve the proposed budget as amended and submit it to the City Council. Second by Redick; motion carried. Tucker asked if Embree Phipps, Redick and Saeugling had been served with notice of the filing of a lawsuit by the County Attorney. All had been served on December 11th. He recommended 3 the Commissiono 1) Formally request the City of Iowa City to defend them and bear any expenses which might be involved in connection with this proceedings and 2) in the interim, authorize him to enter in appearance on their behalf and on behalf of the Commission. 1 '- His recommendations are based on the following) 1) It is not clear under law whose obligation it is to defend and pay liability. 2) Should the county have the right to bring action against a municipal council when the city council did not request the action. 3) The statute of limitations states that action must be taken within six months, however the County Attorney took action seven months after the May 17, 1979 meeting. He stated the County Attorney's office has filed this action based on their own authority and not based on any complaint. Tucker stated that on May 17th there was no agenda and that Redick questioned this, however following discussion it was determined the news media were aware of this and were present, so the meeting continued. 19IC filed a complaint which it subsequently withdrew. The County Attorney's office sent a written request to the Attorney General's office, stating the chapters were vague and that they wanted an opinion as to the validity of the statute. They stated they knew there was no basis for filing any charges concerning the May 17th meeting. At the November 15th meeting there were two matters which were discussed which did not appear on the agenda --discussions con- cerning Old Jet and the E. K. Jones lease. The statute states MICROFILMED BY JORM MIC R�LA8 CEDAR RAPIDS • DES MOINES 1 :- - 4 - tentativgen al but there is no otht thre must befawhateconstitutesatentativee aThe dCounty Attorney alsowants clarification of this term. On November 24th the Commission went into closed session on the recommendation of Tucker. Under Chapter 28A it is stated no liability shall attach to a2Individual feels lif 1) he vis otes against goin into closed session,) or 3 if he relied on the advice of the attorney. The term imminent is also unclear. Tucker said he would not recommend admission to any of the charges. He recommended the Commission it see ifbthe carriedwould bear the cost of litigation, if not, expense borne by the legal department of the City, 3) memberswould have vtoshould sought decide if Tucke ciducker should represent them or if other il er action Embree moved y defaultize undercker to the 20 dayenoticevas againstnanyssary to protect any Redicki motion carried. member of the Commission. Second by Embree moved to authorize and direct Tucker rCto suer.D613Ait nto defenwritingd a letter to the Council of Iowa City under er in connection with anal endemnify the Commission or any mbJack Dooley, County the petition filed on December 11, 1979 d Attorney. Second by Redick, motion carried. membersare nithe0openimeetingdlawse sure all committee The meeting was adjourned at 10105. MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES M