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HomeMy WebLinkAbout1976-12-07 Bd Comm minutesMINUTES IO{YA CITY RIVERFRONT COMMISSION •CITY MANAGER'S CONFERENCE ROOM NOVEMBER 16, 1976 MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Bassett, Brandrup, Epley, Horton, Lindberg, Vetter Fahr, Thayer Flowers, Milkman RECOMMENDATIONS TO THE CITY COUNCIL: 1. That the last sentence of the November 4, 1976, Riverfront Commission motion regarding the Highway 218 South planting plan be.deleted. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The Iowa City Riverfront Commission met in Special Session on November 16 with Vice Chairperson Bassett presiding. The Commission discussed the proposal for H.C,D.A. funds written by. Brandrup and Lindberg for presentation at the Committee on Community Needs meeting on November 18. Brandrup suggested adding-an,addendum •regarding acquisition of land on the west side of the river north of the Highway 6 By -Pass for the purposes of land banking._ This land.is separate from the Showers property. Following further discussion, the Commission agreed that the headings should be changed to read "Priority I" and "Priority-,II"-and,asked_-that an addition be made to Priority II stating that the land is. presently for sale. Brandrup also suggested that it be made clear that the proposal does not include land on which there are homes and that the land would be subject to appraisal and survey. Horton requested that the number of acres for each priority be included, also. Bassett asked the Commission what its priorities among the tracts of land included in Priority II were. Brandrup indicated that he was opposed to acquisition of Tract IV and there was a concensus that Tract IV should be deleted from the proposal. Brandrup suggested that the Commission should request either the direct acquisition or the acquisition of development rights of 200-300' of land along the river banks. Bassett responded that perhaps the devel- opment rights portion should be put in the discussion section of the proposal. Following discussion, it was decided to put the proposal regarding development rights as "Priority III". * Brandrup moved and Bassett seconded that the proposals as outlined in •the Request for H.C.D.A. Funds for FY 78, Priorities I, II, and III, be presented to the Committee on Community Needs as having been approved by the Riverfront Commission (see attachment). Unanimous. Fahr will make the presentation of the proposal on November 18 at 1:30 p.m. 212 0 0 Minutes Page 2 November 16, 1976 • Brandrup requested information from the Legal Department regarding development rights. Milkman indicated that there had been a misunderstanding regard Highway 218 South planting project. Shing the e reported that Project 'GREEN will be watering the plantings rather than the City due to the City's contribution of money for the planting plan. * Following discussion, Bassett moved and Horton seconded that the last sentence of the November 4, 1976, Riverfront Commission motion regarding the Highway 218 South planting plan be deleted. Unanimous. Milkman announced that this would be the last meeting Bassett would * be attending before her term expired. Horton moved and Lindberg' seconded that the Riverfront Commission thank Bassett for her service on the Commission. Unanimous. Lindberg was appointed Temporary Chairperson for the December meeting. Election of 1977 officers will be held at that meeting. _. There being no further business, the meeting was adjourned. Respectfully submitted, • Ellen R. Flowers, Secretary • RFQUEST FOR H.C.D.A. FUNDS FOR FY Iowa City Riverfront Commission PROPOSAL IIrlurJ12 I • 11-16-76 78 I'll" Liv,•rlront (;ommisnlon propos,.:, the purchase of no npproxim:)telY f land along the Iowa River In 30 acre tract the extreme southern portion of the city. This tract ('tract I) extends from Sand Road to the Iowa River and will be developed ris a park facility. The probable market value of the land is $4,500 per acre, indicating a total cost of approximately $135,000 depending on detailed land :,urveys and final appraisals. n.cquisition of this site for public park and recreation purposes was recommended in the Comprehensive River Corridor Study recently completed for the City by Stanley Consultants of Muscatine. The Parks and Recreation Commission also recommends acquisition of tills land £or park usage in its current capital budget forsal There is immediate urgency for this purchase since this land is currently for sale. Priority II The Riverfront Commission also proposes the acquisition of additional acreage two different areas (Tract Il -approximately 60 acres and Tract in III -approximately 45 acr(!s) further south along the river. The sites proposed are woodland areas which, in the near term, would remain in their pwith Peraps d<•valopment of trails and river access points. NosOccupiededwe].sl)woulminimal ling inciu,ir•d in this land acquisitlon. This land is also currently for sale at a cost ranging from $4$,000 to $72,000 for Tract 1] and $36,000 to $54,000 for Tract III. (""J"(- vnlu,•s are subject to detailed land survey and appralsal.) DISCUSSION f:iverfront Commission has as one of its immediate goals improving the accessibility and visual qualities of the riverfront areas In the southern portion of the city. Residents in this part of the city are poorly served with recreation facilities, particularly those that allow citizens to enjoy and use, either activelyO[ Park and passively, the Iowa River and the river is, after all, the principal natural resource feature of this area. The Commission feels that creation Of public recreation and open space along key stretches of the river in this southern corridor will not only provide public use areas, but will also encourage development on privately held land that enhances the usefulness of the river. Priority Another important goal of the Riverfront Commission is the acquisition of property Or development rights for a strip of land along the west side of the river between Burlington Street and the Highway 6 By -Pass. Acquisition of such development rights would i'e1P to ensure future COmpatlhle development along, this stretch of the river. • In the Stanley Report, the Commission has a long term riverfront development plan for which the proposals recommended here are key initial steps. In making recommen- dations of this magnitude, the Commission is aware that $200,000 of making . funds recommended for riverfront acquisition during the last budget for other needs and that this has delayed for one year the accomplishment of our g period were withdrawn goals for the river corridor. 0 MINUTES IaVACTO CITY HOUSING CQ"MISSION OCIUBER 20, 1976 CITY COUNCIL CIUMERS f-ff213Er'LS Fredine BransonGlen rountai In, Loadmrdi, Paul, Retishn, Robert Hibbs, Barbara Bouschlicker CITY STAFF PI2EgII,N.: Seydel, Burke, Rodgers Y Q74DATIOi's TO TIfu CITY COUNCIL: None SUITW Or DISCUSSION: Patricia Kamath I. Chairperson, rredine Branson, called th 2• Several o e meeting to order. the meeting to disccuusslth�ero anedprivate citizens were present at Code. A tape transcri and Housing Maintenance and Ov meeting are attached Poon written cORRIents distributedat the 3- Coordinator's rcoort. a• Seventeen applications were su}rti tted [or approval. b. "bnday, October 25th, the Housing Commission With the City Council at an informal session to discuss the Minimum Code and Elderly ilousi is to meet this rn�7XjSe and C ng • One hour has been set aside orc� omnissiOn Members are encouraged to attend. c. rt. Madison has extended an invitation to the Housinq elder Coordinator and Gmrdssion Members to attend their elderly and on Saturday, October 23, 1976. pre -shoo of 4. It was moved by Lombardi and seconded b Housing Commission Minutes of Octot�r 6, 1976. Y Hibbs to appro� the 5• It was moved r''otion passed. by rountain and seconded by Lombardi to adjourn. NC "T NEETIW7 - NOVIMBER 10, 1976, 8:30 a.m., Public Larks Conference Reom �' a l PROTECTIVE ASSOCIATION FOR TENANTS Iowa llfcrnorial Union Distributed by Issue Gary IOWA CITY, IOWA 5:242 Phone 353-3013 10-20-76 The purpose of this statement is to provide supportive evidence from our case files for the suggested additions to the revised housing code. Though we have abundant statistics documenting the need for additional tenant remedies for housing code abuses, it is our assessment that these statistics reflect only a small proportion of the abuses extant. We attribute tenants' reluctance to report deficient housing to the very real possibility that they will be forced to move from their homes, either by eviction from vindictive landlords or due to the city's revocation of the landlord's permit to rent. In Iowa City where there exist severe low-cost housing shortages, remedies which ultimately necessitate the vacation of premises by tenants are not only insufficient, but do not further the stated goals of the revised housing code. In the past quarter, the Protective Association for Tenants has dealt with approximately four hundred cases related to the quality of local housing. At least one third of these specifically concerned minimum housing code violations. The complaints to our office revealed the following kinds of problems: 1. Inadequate heating, ventilation, and light 2. Deficient utilities 3. Faulty plumbing 4. Exposed wiring 5. Faulty appliances 6. Rodents and pests 7. Structural disrenair In addition to these problems, some tenantswere faced with the need to terminate their leases because of landlords' failure to provide essential services or repairs. Hany tenants faced the loss of their damage deposits because they were charged for repairs for which there was a question of liability. 9 0 PRO"'ECTIVE ASSOCIA,riON FOR TENANTS loiaa Alemorial Union 101VA OI1l', IOWA 52242 We feel that the above statistics SU P"—e 353-3013 remedies for the tenant livingi pport the need for more effective n housing that violates the minimum code. No hope the Housing Commission will consider the above pronosed remedies in their revision of the current minimum housing code. 3TATE.'IENT BY PAT. TUA, ArNa IOWAPIRG �e :•rould like to bezin by stressing our suOOOrt of this on- :•rhIch type. o' _=zis— ±s design?decent d to Insure -- „ ade:!uate housing for: the eitir ?"'s of 10Is- City.• The nousing Malntenance ani Occupancy Code Is su-ported• c'=r three zrouns-.. It- is, because of this suO,ort that we, would lire- to sO-e Of the deficiencies in the code so that -it can be-sirs^� -j,_ ="d In order to better fulfil' Its, goals.. No matterhow many benificlal actions are repuired or how many e harmfu -r hibLted, If therare items'and actions are J no effec-flue l :emedles to carry out` the provisions• �- "��• co -e, - O Ie.• ±t will nots-o ±'ve its purposes.. For that reason -we Ould'like to focus attention on theremedies- .17able for enforcin t. 3 his c -ode.. The basic remedy that is currently aro-- sez lr- the code Is-tha`.-if there is a violation of the provisions, tie: no longer, be able to rent :n—r out the- unit and the occupant Trill r_O i l - =b--- to live t^ere.. Our position is that this remedy is too Or• e ent ;rCr• is In all likelihood � = an Innoc-ent 'third party, it w±_ 1? n--ctiveness Of the chap c^rrentl-i eter and It removes Judiclal remec±es - cast for the tenant who is In a relatively powerless 70s1- be -Lr. xtth., i!s r? el that these proble2s with the proposed code can Je O''r'ct�d r adoptln3-a.more flexible remedialrocess .�, �- p which incora- rls7 Of. Octlons which would be available both to the tenant and 1rM-jN"'}i^Q inspector. A central• part of these nerr remedies would be term,, to -, . _ outr_nt when there is a violation.. t!_e DrOblems with the rer..e.jy offered In the propose: .-• -' '^ IS a 'J1^19.tiOn of the ;;rovisi,�ns of the chanter =nj <<. within i s reasonable ti then the operators license .c±ll t7- o,eroator she.11 e-;+ in. 3tel:i cease operation of ^r• no ne.. s^n ol• .Lavin£' ULrL'=5?3 Its Jr unduly harsh On the -:..,,int.. tenant Ml; ht be ^�:•rn out of the acart-en � if a the dwelling Is- lao•king a med'Icine cabinenb„ hot' water;, or, screens„ ort if a door does- not fit' reasonably well' within its framei or if the ext'erlorr is not ad'equatbly painted. These are just a few of'the violstions•whiah if the law is followed by the housirig inspector will, result, In- the vaeation•of the dwelling -by the tenant.. The landlord who Is at'fault will suffer•a financial loss but, the tenant. Will' suffer a, financial' lbss as, the tenant, tries, to secure adequate temp- orary hous?ing- which Is usually expensive.. There iso -also the problem of, disruption of the tenant''b life which Is --hard to•quantify.. Furthermorei, the tenant will not'* know whether? the- landlord' will' ever-- correct the viola- tion and t'he-exaat legal righte and' responsibilities *of the tenant and' the landlord if the violation Is -ultimately corrected are not albar.. Therefore, the tbnaet will not, know if and' when he/she should' secure new permanent housi.ng.. ' It should be pointed out' thati the remedy 197 just as harsh for the tenantt when there Is a- violation of a single provision as: -when. there Ss a••d'eslg nattorr- of an unfit' dwelling and condemnation- which requires-• that the; unit "shall -be vacated lmmediatbly or as ordered by the housing:Inspeotor". .. " (9 30. . 15(C)). Slnce the problems -are of a Alfferent degree „ it would fallow that the remedles••should also be of a,different'degree.. Even- the Iowa- Code does- not- go s -O far as- requiring that the tbnanti-have. ' tb vacate-. The Inspector may order the tenant to Teave if the housing-aode- is violated but it'is-not mandatory. (Section 413.106) The second problem with the proposed remedy is that'It will defeat the chautbr's effectiveness. The chapter can only be effective if tenantarare^ willing tb report violatlons, arid' Inspectors, are willing Vo carry out? all of the orovlsions-.. Tenante--have little Incentive to report v101etions•If a• oossIble result of'that'aetion would be the•lose of their•apartment..Granted „ there is a -chance that the violation will: be correoted'but there is al9o:,a- chance that' -the tbnantrwlll'be forced to vacate -and so long as -that chance exists tenant.q•wIll be very hesltant'tbl. report any violations.. housing Inspectors.,knowing that?tenants-could'tte thrown outiof their apartments- will be reluotant'to find violations or-tb revoke lfaenses'forr ' conditlons­that�are not'extremely serious or dangerous tb,the tenants,. They ' will- either ignore the violations or give contlnual'extensionCon the time' ' allowed for correction. If the tenant is, not likely to report violations and- ' the InspectorEr are hesitant'tb use their one remedy „ the node wi11 only be - effective in the most serious situat'lons and' the- majority of thei-code will' rrot'be effective as•a practical matter.. ; A third problem with the ood'e la-:thatlit"elbminat'es-an- already existing. judicial remedy.. A's previously mentioned the Iowa Code statt9s that it Me— Ihousing license is revoked, the owner can not'collect rent' -but the tbnanti'is not -forced' to leave neoessarily.(413••106).. Aopording to Mease,v.Foz 200 N.W2d 791(Iowa 1972) which is a landmark case In tenant -landlord law irrIowa„ the Iowa Supreme Court stated that If there are mat'eria1 violationSof node requirements the tenant'- can stop paying rent and' if the landlord attempts,: to .. take possession the Dude violations- are a- valid' defense.. The tenant will' I eventually have to pay back rent but that'rent'will"be determined by sub- traeting the difference in the value of the rental•premise.1 when up to epde- and the value of•the renthl- premises.Ithat actually existed during occuancy:. If the tenant'is forced to leave as under the Iowa City chapter,, this, remedy Is -no longer available. With the growing awareness of the powerlessnpositiom I of tenants, it seeme strange th,remove one of'the few remedies-ourrently avallabTe-to,them. What we have tried tb do Is point'out the inadequacies of"having only the -one remedy that 1e 1n the code.. We believe that a number ofalternative• remedies- should be considered. Not all of- thise remedies -need be ad'opted but' we thinK that there will be more effective enforcement if the tenant'and the Inspectors have a number of options to choose from. A The first remedy that I mention is considered cruclal by us:. It is° rentt abatement which is the remedy discussed earller•as being authorized'by Seatiom 413.106 of the Iowa•Code and Mease v,.Fox. If there is••a violation of the�c code, the tenant'-aan remain at the inspector'§ discretion but'the-rent can not be aollectpd without a judicial determination of the actual value of the dwelling unit inaluding its violation. This serves as• a-inoentive for the lhndlbrd tb repair since he isnot receiving his full rent.. The tenant 1s not punished and the tenant has•incentiveto report the violation. Very littlb- has to changed in the proposed node since,as I have mentioned „ the remedy already exists under Iowa law. Section 9.30.5(J) would have to be changed so that notice to the landlord would Include this remedy(and any other remedies added) and the sentence starting with "Upon receipt; of a notice...."' should be elbminated. In U13 -place should be a sentence parralleling Section 413.106`_ of'the Iowa, Code in-thatIthe landlord would be unable to collect rent or sue- for possession and: the inspeotor-may cause the premises tb be vacated butt this vacation Isnot mandatory.. Any other remmedles that'are added'should aldo be included here.. Another possible remedy would be "repair and deduct" whereby thea -tenant is authorized to e -pend up to a speolfied'amount of the rent to repair•code-. violations in the dwelling unit.. This, -of course, would be after notice had been given to the owner and the owner had a•reasonabTe chance to correct. A'hlyd remedy would be a -rent wlth holding -program cpnduoted by the^city as -has been proposed by Tony Kushnlr.' The Iowa -Code Incorporates additional remedies for correcting violat'lona; of the state housing c -ode which the pity could also adopt.. One -of t'hese-- remed'les- is a criminal- penalty in the.-f'orm of a misdemeanor punishable by a fine or imprisonment for a violation of provisions of the housing code. ('Section 413.107). Another remedy Is to impose a civil' liability for viola ttons-of the housing oode..(Seotion 413.107). This.: could be recoverable by the city housing d'epar tment'or by the .tenant.. The -State also allows -the-'.) officials to apply to w,distrlet court to obtain arr'ord'er authorizing them - to "correct any violation specified .in said notice or order" (413,115) -or to obtain arrinjunction'to "restrain „ correct or abate such violhtion or nuisance." (413.113) • i. TAPE TRANSCRIPTION IOS'A CITY HOUSINf, CCN%MSSION MELTINr OCTOBER 20, 1976 CITY COUNCIL CHN4BERS Note: This tape has been transcribed to the best of our ability and may not be a verbatim transcript. Bob Downer, practicing attorney in Iowa City. "As many of you know I appeared before the City Council at the time of the Public Hearing on the previous draft of the amendment with a number of conrmnts, I also have comments with regard to the revised code. I will be happy to put my cemnents in a written form, Madame Chairman, unfortunately I have been battling the flu bug for nearly two weeks and my time has gotten away from me. There are several minor matters that I would like to take up first and then hit the main thrust of what I am concerned about in connection with this ordinance. I am concerned with several teras under the Light, Ventilation, and Heating section and also under the General Requirements Relating to the Safe and Sanitary Maintenance of Parts of Dwellings and Dwelling Units. First, with regard to Light, Ventilation and Heating, on Pg. 19, Subsections K and L, with regard to screen doors and storm doors. I feel that these requirements in light of present conditions with central air conditioning and modern construction techniques are some- what unrealistic. Using my own situation as an example, my wife has a serious case of hay fever and asthma during the Sumner months. we always have our central air conditioning unit going during those months with its filtering system, therefore, I don't see any need for a screen door under those particular circumstances. Likewise, many people have steel doors that are well insulated and weather stripped on their residences that certainly do a more than adequate job of keeping out cold during the winter months, and I feel that under these circumstances it is at some point an unreasonable requirement to indicate that people must have a storm door. Under Section 9.30.11 the General Requirement Relating to the Safe and Sanitary Maintenance of Parts of Dwellings and Dwelling Units, Sub- section M, requiring that the exterior of every dwelling be painted, finished or otherwise maintained; I think again that is unrealistic in terns of Cedar or redwood dwellings particularly. Here again, I happen to live in a cedar homethat is approximately ten years old and it has never had anything on its exterior finish. I am advised by my contractor that they can see no need for this occurring in the future, that there is no deterioration to the structure and that it should not deteriorate given normal conditions. So I would respectfully request that the Commission give attention to those particular items. 0 0 Page 2 Tape Transcription Iowa City Housing Commission Meeting October 7.0, 1976 My intention here today is not to talk about dotted "i's", crossed "t's" and other nit picking little comments but the rest of my comments I will focus on Chapter 9.30.6, Subsection S. As I indicated at the time of the Public Hearing before the City Council and will again indicate, I believe that the question of inspection before sale is one that requires a great deal of study in terms of the difficulties which are going to be encountered with this and it has been my feeling from talking with persons active in the field of transfer of real estate that this provision in its application will be nest unworkable. As the realtors pointed out at the time of the Public Hearing before the City Council, during 1975 there were, I believe, between 1500 and 1600 real estate trans- fers in Iowa City that would be subject to such an inspection provision. To give any type of meaningful inspection to residences under those circumstances, would take a tremendous number of people, would require a great deal of coordination and, in my opinion, would create hardship on a great many people who might not be aware of this requirement until it was too late for then to procede with their plans on schedule. Another serious problem, I feel, is with the liability of the City. For example, if a home is inspected and passed by an inspector and the following week burns down because of defective wiring or the furnace explodes or a floor falls in or some other catastrophe befalls that dwelling, it seems to me that the property owner or the property purchaser may well have an excellent court claim against the City of Iowa City. This could result in untolled expense to the taxpayers if the City was in effect placed in the position of being an insurer for property purchasers under those circumstances. The provision as it is appears in the ordinance does not indicate what happens if you don't follow this procedure and I guess this is the question that I would raise. It doesn't seen to me that there can be any step taken to prevent recording of the deed or anything of that nature because the Recorder's Office and its duties are governed by State Statute and as long as a legal instrument meets the task necessary for recording under the Iowa Code in terms of a notary's acknowledgement and so forth, it seen to me that the Recorder has a duty to record it. I question how this is going to be enforced and it seems to me that if there is a provision that is unenforcable, it ought not be on the ordinance book of the City of Iowa City. In summary, it appears to me that if this provision is adopted in the final draft of this ordinance the City is going to find that it has a tiger by the tail because I feel that those burdens of enforcing arra following through this ordinance are going to be so great that it is both going to require a considerable allocation of resources on the part of the City arra at the same time pose great potential hardship for those persons whose properties are affected by it." Page 3 Tape Transcription Iowa City Housing Commission Meeting October 20, 1976 Mark Janiuk, representing the ideas of the Protective Association for Tenants, Tenants United for Action and the Iowa Public Interest Research Group as well as the Citizens Housing Center. (addendum attached) ,,Our main concern is going to be on the condition of the tenants as far as the code is concerned. What we have attempted totodeoiisnto show that the one remedy that is presently in the proposed sufficient to solve the problems of this code as far as tenants are concerned and we have suggested a number of options. W would like ikethato see as many of these options adopted as possible not all of them will be adopted. We think it is much more beneficial if the tenant and the inspector have choices as to what remedial action to take to correct the violations." Harry Baum, representing Citizens Housing Center "I just want to reiterate Mark's main point and also to point out that there really is a technical legal point I would like you to take note of in the way the Iowa Code reads. Section 413.106 reads, 'When- ever a rental permit is revoked, then the renter is no longer obligated to pay rent but instead shall pay rent into an escrow account or bank account as set up by the city'. Now, according to the State Code, rent withholding is only allowable after revocation of the Rental Permit. If you were to again recommend the proposed code to the Council the way it is written now (and the way in which the State Code provides for rents uncollectable) you would have to change the language of Chapter 9.30.5 J." Leslie Gary, representing the Protective Association for Tenants - (addendum attached) "I would like to offer a few recommendations. First of all, it seems to me that the ultimate goal, as Fredine mentioned, fhthe Housing n the city. Commission, is to maintain and improve the quality of It seems to me that with those goals in mind, first of all the order n should.improve minimum standCee- ards and secondly, should have strong ment tactics. Given the housing market in Iowa City, the remedies in the proposed ordinance concerning the revocationof life and property are not practical and that those remedies, for older people, make payments extremely painful. That is a major question in terms of discriminating other alternative values under your current code. Secondly, I would like to offer some support for tiark Janiuk's statement. TO report what Mark said, although we have run into doctoring of the initial tenant remedy for housing abuses, it is our intent, as Page 4 Tape Transcription Io,+a City Housing Commission Meeting October 20, 1976 Mark pointed out, that tenants are very hesitant to report any housing ode violations because of the owner and the possibility that they might have to look for another apartment. The Housing Inspectors should keep the name of the tenant confidential; however, if the tenant lives in a small unit with only two or three people, the owner can track down the complainant. Z don't- thinkthat protection for the tenant with regard to recording violations is completely adequate. In the past three to four months, 400 cases have SPecificall been received in our office. y, one-third concerned minimmmm housing violations. The complaints to our office revealed the following kinds of problems: inadequate heating, ventilation and light, deficient utilities (gas, hot water pressure), exposed wiring, faulty appliances, rodents and Pests, and structural disrepair. In addition to these problems, some tenants were faced with the need to terminate their leases because of landlord's failure to provide essential services or repairs. faced loss of their damage deposits Many tenants liability. for which there was a question of For these instances which I have just stated, we support the need for more effective remedies for the students in substandard housing We stated.,, that the Housing havea stated." Commission consider the remedies which we Phillis Maloney, co-chairman for the Housing Code Study Committee of the Iowa City Board of Realtors. "I am speaking for one hundred sixty, plus, realtors and we feel that this is becoming a very fine code. We are not speaking today about the Points made here with regard to income property. We want to go very strongly on record as recommending this code as it pertains to income Property becauseewe feel that the public does have to be protected and it is an requirement and necessity. Mr- Amer has expressed very much what we came morning in his comments. There are two to talk about this Prim talk about, one of which wasn't brought ommary things that we want to u such a coon place thing but this has tot very much and it seems like do with the inspection, arra is referred to several times in the code, on a routine basis of single family, owner occupied dwellings. our feeling is that we would very strongly not like to see that inthe code. Z don't want anyone to nuscon- grr srue " strongly we feel about thus just because I say it in one para - own bane. aph, and this is the feeling that is based on the privacy nature of ones Now, on Page 12, Chapter 9.30.6 B, mandatory pre -sale inspections. All realtors do a good job of Pointing out what is available with the house. Z don't think this Commission is aware of how many buyers bring Page 5 Tape Transcription October 0, 19776 Omission Meeting their contractor frier seebig capable of evaluatinas electrician friends, tet o buyand are very see r very im4�Ortantlthe house y are i bu ther to watch over ung their hone and because they 1'� from hav' them There is they don't need realtors would se not .Inspection before he b flung now to Prevent a The `n ,sPectt font would enable buyer, a statements a a Purchase his discretion, to request Also, the inspections done on Problem is of gettingon time, etc. We strOsOf co ern; getting the into the act of inspecting single think that has y can be cone the ci been written.,, is getting out ofthe f family for 'fch thi code Mrs. Green, a housewife, representing her neighborhood friends. l Ccs here as a housewife and Is being said friends last night at a neighbohor:eamer and after to lking to the do e today amlr se concerned, fmeeting and 11939 in mope in what nk that 'myself very careful. must be very careful To go on with what I had originally planner What your statistics are fatalities, casualties or be settled in court that I d like to know mandatory inspection of You have that would cases that couldn't if thelt were Ccnnu.ss and by me or Personal Property priori You transfer a my designatedto , didn t purchase agent or inherited. °f deed buying and sselliny for the upkeep, property originally, doesn't since 4 Phase of it. P, why should you now enter pay the Provides for iegil recourse rnisre res an establish Bcthe h sold. were on a misrepresentation the law Personal dna m?Y business buy pr tion of the Pro repair. Aren't interest best haps it might serve my perty being thin yOU taking over the buyer, buy pTO Y that is in ill g' the transaction, who s and seller's rights-,) about repairs? is you going ecide on th .Another tradition of ha441in4 when buying1and se lingthat good old an Your inspectors about the Home Sells Contract especially when 4ohouo be able to comply th time limits? Are the 1with Iowa City? n4 hasa high rate of turnover raas 1'tt does i Also, suppose I go broke and Pr'perty? Obviously there I is going have }7ea lmortagaQe Foreclosure on When this foreclos takes place, who is transfer of title or dee , going to pay for the .Inspection Page 6 Tape Transcription Iowa City Housing Carmission Meeting October 20, 1976 and repairs if there are any, the Mortgagee or the Mortgagor? There are many legal problems. Also, if an Inspector happened to be in error when he inspected the Property, who is going to be responsible for that? It seems to rme that you are taking on so much that could best be settled betw, buyer and the seller. een the So, for myself and many of my neighbors, we feel that you should leave the buying and the selling to us, the homeowner, reoognize our intelligence, and leave it to us or our designated agent." Bob Conley, realtor, with personal comments. "You're dealing with a code that basically has two parts, you have the tenant -landlord relationship and then You have the owner_ "Pied, home -owner relationship. I don't know what your plans are in the future, but I think you have done a discredit to the home- owners of Iowa City scheduling a meetinc7 at 6;30 a.m. on a Wednesday. I strongly urggeeYOU cificto schedule at least two more meetings open to the public, specifically to owners on how they get input from the h feel. omie setting back to the issue at hand, if a person (buyer) does not of l understand electrical wiring, heatinsystems, etc., this town is full icensed people g who do and if you're spending 535,000. on up for a home and not having an inspection, I think you are ver, foolish. I'm o g g to pick on Dave m*alone,Bruce Burke, or Lvle but unless I'm wrong I don't think we have any contractor's license, plumber's license, etc., in the Code Enforcement Division in even, single individual. You're thing about enforcement of the National Electrical Code, it's confusing and le that should I think we're running into a real problem stepping into a role that should be handled by licensed people." I ; N I NI TI:S IOWA CITY PARKS AND RECREATION COP@FISSION RECREATION CENTER ROOM B NOVEMBER 10, 1976 MFMBEP.S PRESENT: Boutelle, Cilek, Davis, Kelley, Mascher, Sangster, Stockman .'IEMBERS ABSENT: Powell, Thayer STAFF PRESENT: Adams, Byrd, Flowers, Rauber, Howell, Lee, Peck, Showalter GUESTS: Don Parker RECOMMENDATIONS TO THE CITY COUNCIL: 1. That there should be a formal procedure established to coordinate Project GREEN projects with the Parks and Recreation Commission. 2. That there should be a formal procedure established'to coordinate Iowa City/ .Johnson County Arts Council projects with the Parks and Recreation Commission. RECOMMENDATIONS TO THE STAFF: I. That the Parks and Recreation Commission endorses the Recreation Division Goals and Objectives for FY 78, 2. That the Parks and Recreation Commission endorses the Goals and Objectives of the Park Division for FY 78. SUMMARY OF DISCUSSION AND FORMAI. ACTION 'TAKEN: The Iowa City Parks and Recreation Commission met in Regular Session on November.10, 1976, with Chairperson Stockman presiding. * Davis moved and Mascher seconded that the minutes of the October 13, 1976, meetin approved with the following corrections: g be Page 2, paragraph 6 -- A sentence should be added: "Boutelle was appointed to chair a subcommittee regarding the Hayek property and will report back to the Commission at the December meeting." Page 3, paragraph -5 -- The first sentence should rend: "Showalter also Indicated that he had been asked to prepare service options for a 5% and a 10% increase and a 5% and a 10% decrease and there was a consensus that the Commission was not prepared at this time." . to make any cuts The amended minutes were unanimously approved. Boutelle, Commission's representative to the Ralston Creek Coordinating Committee, reported that the Ralston Creek Water Detention Plan will not affect Hickory Hill or Happy Hollow Parks in FY 77. Ile indicated that there will be a detention area . of Scott Boulevard. He also reported that there were still plans east to build a dam on el- I Z 2.: 0 0 Minutes Page 2 November 10, 1976 Ralston Creek in the middle of Hickory Hill Park in the future and suggested that Commission should push for the dam to be built farther up on the creek in the park so that the water area could be used for recreation without changing the character of the entire park. Mascher reported that the Park Naming Subcommittee should have names to -suggest for South Hollywood Manor Park at the December Commission meeting. She reported that a press release had been written and distributed and that there was anitemin the November 10 Press Citizen. The meeting between Project GREEN representatives and the Riverfront Commission regarding planting plans for the South River Corridor was discussed with Hauber reporting that it was her understanding that the City would be responsible for maintenance and watering as soon as the plantings were planted. She expressed con- cern that it would not be possible for the Staff to take on any other work due to the H.C.D.A. plantings to be planted next spring. Stockman reported that Neuhauser would like the Commission to have greater input into the Comprehensive Plan and appointed Cilek to attend the Comprehensive Plane. Coordinating Committee meetings as an observer. She also reported that the Parks and Recreation Commission position on the Committee on Community Needs was a full voting position. Stockman reported that Cilek, Davis, and herself had attendedthe informal Council discussion regarding the Parks and Recreation Ordinance. She indicated that Council had requested that the Commission discuss the portion of the Ordinance dealing with duties and responsibilities of the Commission. Following discussion, Cilek moved and Kelley seconded that the Ordinance be amended to; give theParks.andRecreation -'- Commission the authority to review any plans by private groups to do plantings for which the Department is responsible for maintenance. :Davis indicated her feeling * that the motion was heavy handed and Cilek withdrew it. Cilek then 'moved 'and Mascher seconded that the Parks and Recreation Commission believes that there should be a formal procedure established to coordinate Project GREEN projects with the Parks and, Recreation Commission. Unanimous. Stockman will discuss the motion with Anne Glenister, Project GREEN's Parks and Recreation Observer. Kelley then asked if the Commission should request a similar procedure regarding the Iowa City/Johnson County Arts Council and Lee responded that cultural activities are * part of recreation. Following discussion, Cilek moved and Kelley seconded that the Commission believes that there should be a formal procedure established to,coordinate Iowa City/Johnson County Arts Council projects with the Parks and Recreation Commission. Unanimous. Stockman will discuss the motion with the:Coordinator of the Arts Council, Jim Evans. Kelley requested that Marily Levin, the Department liaison with .the Arts Council, come to a Commission meeting to report on Arts Council activities. Following further discussion, there was a concensus that the Commission was satisfied with the portion of the Ordinance regarding its duties and responsibilities. There was discussion of the section of the Ordinance dealing with alcoholic beverages - in City parks with Stockman indicating that the Council had questioned whether or not the section should remain in the Ordinance. Davis asked what other cities were doing MInuten rage 3 November 10, 1976 regarding alcohol In their parks and Lee responded that other cities handle the situation the same way as Iowa City does. There was a concensus of the Commission that the section on alcohol'in the parks should remain In the Ordinance. The Commission's C.T.P. rankings were discussed with Showalter requesting that the. Commission members rank the projects before the December -Commission meeting. lie . indicated that he would use the top three or four projects to apply for H.C.D.A. funds. He stated that he would like to apply for TTY 78 H.C.D.A. funds for: 1. Four Willow Creek Park tennis courts -- $55,000. 2. Four handball courts at the Recreation Center -- $100,000. 3. Mercer Park service building (concessions, storage, restrooms) -- $40,000." Stockman stated her feeling that some facility should be put in Willow Creek Park other than tennis courts because it seemed unlikely that that project would pass through the Committee on Community Needs -orthe City Council. Kelley_asked about putting in playground equipment in the park and Stockman asked about..thepossibility , of adding an indoor game room to the shelter. Showalter responded that he would ,need to discuss the concept of the game room with the Staff before he could discuss feasibility. Commission requested that the Staff research the kinds of year-round.. recreation needs that people in all parts of Iowa City have. .Showalter suggested that perhaps the Commission should meet with the Committee"on Community Needs. Showalter indicated that the Riverfront Commission was applying for $200,000 in H.C.D.A. funds for south river corridor land acquisition. He added that three ball diamonds;,, could be built for approximately $85,000 on part of the land that the kiverfront Commission has targeted for acquisition. Regarding the Commission's C.I.P. rankings, Showalter suggested adding $8-9,000 for an addition to Reno Park. Kelley suggested applying for funds for the four handball courts, the Mercer Park service building and an addition to Reno Park. Howell suggested that a shelter could be built at the Conklin Street entrance to Hickory Hill Park for approximately $6,000 and Lee suggested the possibility of conducting,, a summer program for low income citizens at the proposed Willow Creek tennis courts. The Committee on Community Needs will hold public hearings on Monday evening, November 15, and Thursday afternoon, November 18. Click will attend the hearings. Cilek indicated that he was In favor of H.C.D.A. applications,for.Willow Creek tennis courts, four handball courts at the Recreation Center, a Mercer Park service :;building and a shelter at the Conklin Street entrance to Hickory Hill Park. * Following further discussion, Cilek moved and Sangster seconded that a representative of the Parks and Recreation Commission make a presentation to the Committee on Community Needs encouraging the Committee to fund the following projects with FY 78 H.C.D.A. funds: 1. Willow Creek Park tennis courts (4) -- $55,000. 2. Four handball courts at the Recreation Center -- $100,000. 3. Mercer Park service building (concessions, storage, restrooms) — $40,000. 4. Shelter at the Conklin Street entrance to Hickory Hill Park -- $6,000. The motion passed unanimously. 9 14 inutes Page 4 November 10, 1976 Davis suggested adding developmental funds for new parks, i.e. Pheasant Hill, South. Hollywood Manor, Villa (new section) and Willow Creek Parks, to the C.I.P, list. Showalter indicated that lit -Willow Creek Shelter and parking lot, !i5 -Hickory Hill Nature Project and #7 -South Hollywood Manor shelter could be deleted from the C.I.P. funds. lie also indicated that, although the neighborhood residents were opposed to list because he was anticipating that the projects would be funded with FY 77 H.C.D.A. #3 -North Market Square tennis courts, he would like to retain tennis courts for location in another park. * The Recreation Division Goals and Objectives were discussed and Kelley movedand Davis seconded that the Parks and Recreation Commission endorse the Recreation . Division Goals and Objectives for FY 78. Boutelle, Davis, Kelley, Mascher, Sangster and Stockman voted aye with Cilek voting nay and Powell and Thayer absent. Motion carried. Regarding the Park Division Goals and Objectives, Cilek indicated his feeling that care of the downtown plantings should be included. .Following further discussion, * Cilek moved and Mascher seconded that the Parks and RecreationCommissionendorse. the Coals and Objectives of the Park Division for FY 78. Unanimous. The Recreation Division budget was discussed with Lee outlining the .increases. Cilek asked the Commission'.s feeling regarding whether the ASERP program should continue as it is or be re -structured. Discussion followed on cutting the summer playground programs and putting that money into ASF,RP or another, winter program. No decision was made. There was a concensus that the Commission was satisfied with the work done on the Recreation budget. Parks and Recreation Commission Goals and Objectives in draft form were distributed and Stockman indicated that they would be discussed at the January meeting. Stockman indicated that this was Sangster's last Commission meeting and thanked him for his years of work on the Commission. There being no further business, the meeting, was adjourned at 10:30 p.m. Respectfully submitted, E1�R.�F1o��becretaM�J • MINUTES COMPREHENSIVE PLAN COORDINATING COMMITTEE OCTOBER 28, 1976 -- 7:50 P.M. CITY MANAGER'S CONPERENCE ROOM MEMBERS PRESENT: Blum, Perret, Jakobsen, Cain, Ogesen, Vetter, deProsse MEMBER�NT: Neuhauser STAFF_ PRESENT: Geshwiler, Boothroy, Garrett, Ryan, Child GUEST_ S� NT: Brandt, Hokanson FORMAL ACTION TAKEN: 1. To endorse the overlay concept of the Land Use Plan as a working tool.'' 2. To direct the Staff to investigate design criteria, incl uses,for City streets. uding multi - 3. To allow ultimate metric standards for street and right-of-way inprove ments and to establish an interim English system for streets, sidewalks and related engineering requirements. ' SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: Chairman Blum called the meeting to 'order and asked if there were any additions or corrections to the minutes of the meeting held on October 6, 1976.- A -motion to approve the minutes of the October 6 meeting was made by Ogesen, seconded by Perret, and carried unanimously. A motion to approve the minutes of the` meeting held on October 14 was made by Ogesen, seconded by Perret, and carried unanimously. - Chairman Blum noted that a letteraddressed' to Bruce Glasgow' regarding preser- vation of a large oak tree was never mailed. Overlay Development Meg Garrett, Assistant Planner, explained and gave examples of the overlay' Process used for the developmentof the Land Use Plan. Though color relate to a specific use, his. Garrett coded to rely Policy r uses. eexplained that the uses were me alternatives to be considered and no final determinations 'on were being made. The overlay method permits a number 'of'elements to be combined without having to constantly redraw maps, 'she said.':Rick'Geshwile r, Senior Planner, noted that some inconsistencies would be recognized as the overlay process is developed. Chairman Blum stated that the seem a valuable working tool for the Planning Staff. process would - Chairman Blum stated that the Comprehensive Plan' Coordinating_ Committee must at some time'begin making some affirmative decisions to provide the Staff with direction. Citizen input may necessitate confirmation or reversal of 0 -2- some decisions, he said. Committee member Ogesen endorsed the direction taken by the Staff and Committee. Angela ltyan, Assistant City Attorney, stated that it would be necessary to show that assumptions made in the development,;of the Land Use Plan were reasonable. After further discussion, a motion was made by Jakobsen, seconded. by deProsse, to endorse the overlay concept of the land Use Plan as a working tool. The motion carried unanimously. Community Facilities Doug Boothroy, Assistant Planner, gave a brief presentation on the Community Facilities phase of the Comprehensive Plan. A map showing present and proposed school facilities was discussed. The location of school facilities corresponds to a national standard of one-half mile radius for elementary schools and one mile radius for junior high schools, he said. Mr. Boothroy indicated that studies were.underway to determine differences in school; generation rates between single family residential neighborhoods and older, more established neighborhoods. Chairman Blum stressed the importance ofmaintaining communication with the school board. Emil Brandt, Director of the..lohnson.County Regional Planning Commission, asked to what extent the Staff and Committee were looking at whether schools are now at full capacity and whether by shifting.some,houndaries, some additional capacity may be generated in fast -growth areas of the City. Mr. Boothroy indicated that this would be considered. Trafficways Mr. Gcshwiler asked how the Committee would like the Staff to proceed in setting up traffieways for the City. Committee members deProsse and Perret favored looking at.alternative street standards and Cain also.indicated a, preference for flexible design standards. - A motion was made by Perrot, seconded by deProsse, that the Planning Staff be directed to investigate d-Isign criteria, including multi uses, for City,. streets. The motion carried unanimously. ------------------------ A motion was made by deProsse, seconded by Vetter, to allow:ultimate,metric,, standards for street and right-of-way improvements and to, establish.an interim English system for streets, sidewalks and related engineering requirements— The motion carried unanimously. Zoning Ordinance Development Mr. Geshwiler stated that the federal government has, given a mandate,that_ . by April 8, 1977, the City must have adopted a floodplain ordinance that restricts and/or regulates development in some areas of the,City. -3 - Maps prepared by the U.S. Geologic Survey were discussed. Committee member deProsse suggested that contact be made with Roxanne Haldeman, Chairperson of the Ralston Creek Coordinating Committee. Committee member Perret urged involvement by the Riverfront Commission. Citizen Participation The citizen participation process was discussed. Mr. Geshwiler stated that letters of information regarding a November 10th meeting with representatives of Sasaki Associates and Attic and Cellar had been mailed to all members of boards and commissions and to a list of service organizations and neighborhood groups. It was suggested that an attempt be made to see if the meeting information could be included in the "Press Citizen" current events box which is usually printed on the front page of the paper. The meeting adjourned. Patricia Cain, Secretary MINUTES COMPREHENSIVE PLAN COORDINATING COMMI'1-1.1:1. . NOVEMBER 10, 1976 -_ 7:30 P.M. CITY MANAGER'S CONPERENCE ROOM MEMBERS PRESENT: Blum, Cain, Jakobsen, Ogesen, Perret, Vetter MEMBERS Neuhauser, deProsse STAFF Kraft, Boothro Y,: Garrett, Child GUEST_ g PRESENT: Max Selzer, John Balmer, Emil Brandt, Charles Stud Ernest Lehman, Andrea Hauer, en, Ron Thomas The next meeting of the Comprehensive Plan Coordinating Committee was tentatively scheduled for Monday, November 22 at 7:30 p.m. Conference Room. in the Cit y'Manager s Chairman Blum introduced Charles Studen, representative of and Ron Thomas, representative of Attic and resent Sasaki Associates, he and Mr. Thomas had an opportunity to become somewhat famiiiarewithlthe that physical appearnace of the City and had met man y:individuals in; the community. They suggested that copies of the Comprehensive ,:Plan Revised Detailed:Work Program be widely distributed throughout the community. The document is important, Mr. Studen said, because it;identifies possible projects and problem areas. Citizens of the community may help:identify,alternatives to solving any problem areas, Mr. Studen said. Mr* Thomas and Mr. .Studen noted that the time schedulewas somewhat compressed but explained that the following activities were planned: 1) Two surveys are to be conducted, i.e., stically valid survey and a more general community survey; a stati 2) Four public meetings are to be held in January and it will be necessary to generate some excitement for those meetings; and 3) A community awareness program will be conducted. Such ,media as TV newspapers, schools, and the library will probabl radio, Chairman Blum Y be.utilized. included within nthe escope thosofpcitizenresent tinputrantheir id ideas of what should be Comprehensive Plan:. Some of the ideas presented are summarized as follows; 1) To determine the past, present and changes should be made. future trends of land use and whether 2) To convey to the public that theirr-opinions are; , expressed as this is the, basiimportant and should be s of representative government. aL2-3 -2- • To relate the comprehensive planning process to people's daily lives, 'trro aansddress concepts of density, Parks, I;rccnspace, neighborhoodsand. To explain in "layman's terms" what is meant by a Comprehensive Plan. To establish goals and objectives for the Comprehensive Plan. than neighborhood To consider the possibility of for community-wide meetings, preferably meetings s rather away from the Civibuilding. To relate to human needs. To educate people as well as toillicit the problems butut will information. .7.e convey to public that the Comprehensive Plan will not solve�a]1 hopefully provide direction. To utilize visual aids in the education process. To make the citizen input process inviting and interesting. To consider the quality of life and to determine whether people are willing to pay for it and work for it. To consider the City's growth Policy slow growth Y -- does the community iaant no -growth, ment. or rapid growth? Toconsider how growth'affectsthe environ- 15) To consider the pattern of housing and commercial development. 16) To include in the surveys questions regarding local government. -- Not to include in the surveys questions regarding local government. '• 17) TO determine whether some of the concepts addressed are, in fact, legal, 0.9., aesthetic design review, demolition permits, etc. Mr. Studen asked how the Committee members felt community meetings functioned as a forum for dialogue. Committee members and Nlr: Lehman stated thatsuch meetings usually work very well when there is a real problem, e:g;,"llalston Creek- Mr. Lehman commented that people are concerned about those matters that concern them personally and are far less concerned about is the community as a whole. sues tharinvolvc Mr. Thomas indicated thatanattempt will be made-to'�make the'best possible'� recommendations for a valid process for this community. In order to accomplish this, he said, a tool must be designed to gottheinformationout to the public. "p non-technical document, such as a newspaper insert,- 'could possibl be�used for this purpose. The with the primary responsibility will be to do y„ time and money available to get the Iowa Cit the best job possible to a good start, Mr. Thomas said. This goal cannot"bc ifplan ® 0 -3- are initially made to include too urged the Committee and Staff to bring ny tootheir attentionjects. Mr. and who be contacted directly)Studen their wishes be knowespecially those people who might not people ehletd Committee member Ogesen questioned whether the timeframe for the citizen input process would seem satisfactory. Mr. Thomas and Mr. Studen indicated that the "turn -around time" will be the key factor in making this determination. representatives indicated that they would find out what areas seem of concern and then The respond get questions out to the public in such a waygreatest P to the questions. It will be our job, the that questions should be stated. Y said People will to determine how the Meg Garrett, Assistant Planner, gave a brief presentation on the overlay develop- ment procedure. Committee member Vetter asked to see projections of the current usage of existing traffic corridors. Chairman Blum stated that the projections were not based on the Johnson County Regional Planning Commission stud stated that it was her understanding that the ideas and sideration. Rick Geshwiler were to be referred back to JCRPC for projections exp their review andressed covin sideration. Committee member Perret stated that the COM their nevi w and con- usly endorsed the methodology being used in the overlay process. had The meeting adjourned. Qa u Patricia Cain, Secretary RECX)MM NDATICNS TO THE CITY COUNCIL Matsumoto moved that the Commission follow John Hayek's recommendation and recommend to the City Council that the City appeal the decision in the Westinghouse ruling. Ton Scott seconded, the motion passed unanimously. REJCA,EaMATIONS TO THE STAFF AND CITY MANAGER 1. The Staff is to provide information to the Commission concerning the presentation of Goals and Objectives to the City Council to be considered for fiscal year 1977. 2. The Staff is to move ahead on working with IPIRG on the Housing Audit. PENDING ITEMS 1. Training for Commissioners - Scott reported that three training sessions would be planned for Commissioners. First will be an orientation for new Commissioners, second a training session on conciliation techniques, and third training on Civil Rights law. 2. Meeting with the Iowa Civil Rights Commission - Smith reported on the meeting with the Iowa Civil Rights Commission. The topics discussed at that meeting were training for local Commissions, improving communications with the local Commissions, opportunity to become acquainted with the Commissioners and staff, and to develop a coalition on legislative issues. 3. Priorities Committee - Scott reported that the committee had met to establish the goals and objectives for the Human Relations Commission for the fiscal year 1977. Scott moved and Finn seconded that the Commission approve the goals and objectives as presented with corrections and additions of estimated costs (See attached goals and objectives). 21 62 '/ bf INUI'ES HUMAN RE;[,ATIONS COMMISSION November 15, 1976 7:35 P.M. ROOM D, CITY RECREATION CWn. R 64M3ERS PRESENT: Smith Woodard Finn Matsumoto Scott (7:40) Davidson (7:50) Price (8:50) MEMBERS ABSENT: Gilroy Madison STAFF MEMERS PRESENT: Ragland Ryan Morgan RECX)MM NDATICNS TO THE CITY COUNCIL Matsumoto moved that the Commission follow John Hayek's recommendation and recommend to the City Council that the City appeal the decision in the Westinghouse ruling. Ton Scott seconded, the motion passed unanimously. REJCA,EaMATIONS TO THE STAFF AND CITY MANAGER 1. The Staff is to provide information to the Commission concerning the presentation of Goals and Objectives to the City Council to be considered for fiscal year 1977. 2. The Staff is to move ahead on working with IPIRG on the Housing Audit. PENDING ITEMS 1. Training for Commissioners - Scott reported that three training sessions would be planned for Commissioners. First will be an orientation for new Commissioners, second a training session on conciliation techniques, and third training on Civil Rights law. 2. Meeting with the Iowa Civil Rights Commission - Smith reported on the meeting with the Iowa Civil Rights Commission. The topics discussed at that meeting were training for local Commissions, improving communications with the local Commissions, opportunity to become acquainted with the Commissioners and staff, and to develop a coalition on legislative issues. 3. Priorities Committee - Scott reported that the committee had met to establish the goals and objectives for the Human Relations Commission for the fiscal year 1977. Scott moved and Finn seconded that the Commission approve the goals and objectives as presented with corrections and additions of estimated costs (See attached goals and objectives). 21 62 '/ 4. Monitoring Housing Discrimination - Woodard roved that the support a housing audit conducted by IPIRG. Finn seconded t�nlssion motion. A discussion followed concerning what was expected of the Commission in the supportive role. The motion passed with Scott abstaining. SUMMARY OF RIIEVENT DISCSSICN the meeting was called to order by Smith (chairperson). Hearing no motion to approve the minutes of the October 27 Commission meeting, Smith declared that they be acceptable. Members of th Present at the meeting. e press were At 8:00 P.M. a poll of the members present: Smith, Woodard, Matsmrnoto, Finn. Davidson, and Scott indicated unaminous agreement to go into executive session to discuss with City Attorney John Hayek the Commissions course of action with regard to the Westinghouse ruling At 8:30 P.M. the open session of the Commission reconvened. The first order of business in the reopen session was a motion by Matsumoto to accept John Hayek's recommendation to appeal the Westinghouse decision. A- OJAAlITfEE REpOit'IS 1. Staff Report - Wo complaints were fOrmalized through the month. One race/employment and one sex/employment. Informal complaints - 10 employment, 0 housing, closed. 1 public accomodations. One case was 2. Outreach/Advocacy - Davidson stated that the public service announce- ments had been written and requested Commissioners stay after the meeting to record these spots for the local radio stations. 3. Affirmative Action - No report. 4. Ordinancehestinghouse ision - A short discussion concerning the effect of appealing decision on revising the ordinance, followed the executive session. The Commmission will deal with this at future meetings. •• i•�«a. 1. Cases in Litigation - The Commission recommends that the Westing- house ruling be appealed. No new developments in the Yellow Cab case. 2. Cases in Conciliation - No conciliations were reached in the past month. Smith reported on Case E-7503 - she would be meeting with Ryan soon to revise the conciliation agreement. Price reported on E-7515 - the respondent had resisted any attempts to meet with the conciliation team and that a certified letter was being sent to him requesting a meeting Woodard reported on Case E-7606 - the conciliation team was still waiting to hear from the respondent's attorney. Davidson reported on Case E-7605 - she was trying to arrange a meeting with the respondent for this week. 0 0 3. New Cases - 1 sex/c"Ployment, 1 race/employmtmt. 4. Gases Closed 1. PA -7601 Scott moved and Finn seconded that the Commission accept the recommendation of the Staff for no probable cause finding. A short discussion of the case followed. The motion passed. 2. H-7601 - The staff informed the administratively closed. Commission the case had been C. NEV BUSINESS 1• Smithtts a ed that CO missioners should consider serving two con terms. She thought serving longer terms Would help to strengtheutive the Ccmnission. 2. The next meeting is set for December 20, 1976, at 7:30 P.M., in Room '13" of the City Recreation Center. 3. Other business - Ragland reported that the Commission might be interested in having some input to the Committee on Community Needs which is reviewing the allocation of HCDA funds for next year's. Programing. A consultant has been hired by the City to establish a long-term City participation process. Ragland stated she would be sending to these consultants information regarding additional proposed protected categories for the Iowa City ordinance to be included in a survey on comnunity needs. A request was made from the Johnson County's Women Political Caucus for a Coamto speak at their next meeting. An attorney representingi he Moose Lodge had contacted her regarding the Commission's interest in private clubs and the amended liquor license ordinance. 4. The Commission viewed a 12 minute slide series entitled " Responsibilities: Affirmative Action and Equal Employment"which the Comnission will use as an education tool. 5. Group Processing - A short time was spent in group Process. The meeting adjourned at 9:45. GOALS AND OBJECTIVES FOR HUh1AN RELATIONS ,MMISSION COST $1,500.00 Staff* 100.00 Staff* FY 77 OBJECTIVE OBJECTIVE 1: To provide for a more e ec�tie enforcement of the ordinance. GOALS: DATE COMPLETED 1. Litigate those cases not resolved in the conciliation process. 2. Develop commission initiated com- plaints which target critical areas of discrimination. OBJECTIVE 2: To improve complaint pro- cessing Ey--increasing skills in civil rights law and conciliation techniques. GOALS: I. Provide three training sessions covering: a. Commissioner orientation on local ordinance and job requirements b. Basic civil rights law C. Conciliation techniques 2. Establish written policy guidelines for Commissioners for conciliating cases. Include such information as sample agreements, recommended meeting plans, and schedules for disposition of cases. March 1, 1977 July 1, 1977 OBJECTIVE 3: To become more effective a vocates or civil rights interest groups. GOALS: 1,200.00 1. Plan and sponsor a civil rights October 1977 awareness group or similar awareness activity for the City Council, City staff, and members of the community. 300.00 2. Plan and develop research activities July 1, 1977 which will investigate discrimination against various groups in the Iowa City community. Goals and Objectives Human Relations Commission Page 2 COST OBJECTIVE DATE COMPLETED OBJECTIVE 4: To work with other govern - menta agencies operating in Iowa City to insure equal enployment opportunities for women and minorities. GOALS: Staff* 1. Meet with the Iowa City School February 1977 District's Human Relations Advisory Committee to plan a strategy for increasing employ- ment opportunities for women and minorities within the school system. Staff* 2. Publicize selected government Jul 1 1978 y employment statistics to illus- ' trate discriminatory practices. Staff* 3. Meet with the University Civil July 1, 1977 Rights Committee to obtain their assessment of discrimination problems within the University. OBJECTIVE 5: To provide education to the public ot e coverage, enforcement and interpretation of the local, state and Federal Civil Rights Laws. GOALS: 250.00 1. Develop a newsletter to be sent July 1, 1977 to persons effected by civil rights laws. Staff* 2. Develop a program for informing :uly 1, 1977 the public on the changes in the new ordinance. 250.00 3. Develop a Speakers Bureau of :uly 1, 1977 Commissions to appear at local groups to discuss the issues of civil rights. Total * Cost assumed by the administrative staff salary. L 0 MINUTES IOWA CITY PLANNING AND ZONING CONL�,IISSION NOVEMBER 18, 1976 -- 7:30 P.DI. CIVIC CENTER COUNCIL CHAMBERS NfF,MBERS PRESENT: Ogesen, Kammermeyer, Jakobsen, Cain, .Vetter M NIBER=CN7•: Lehman, Blum STAFF PRESENT: Schmeiser, Osborn, Kushnir, Child RECOMMENDATIONS TO THE CITY COUNCIL: I. That if/when the 39.84 acre tract submitted by Tytn Cae, Inc. for voluntary annexation (A-7602) is annexed to the City, the most. appropriate zone at the present time would be an RIA Zone. . 2- That the 39.84 tract of land submitted by Ty'n Cae, Inc. (A-7602) be voluntarily annexed to the City. 3. To approve S-7635, Oakridge Estates, Part 1 - preliminary plat submitted by Willis M. Bywater located on the north side of Linder Road just east of Old Linder House subject to the following: (1) that a waiver be granted so.that lot lines need not be between 800 and 1000; (2) that a waiver be granted so that all streets need not be ' constructed according to City specifications; and (3) that the Fire Chief determine whether the street name "Linor Lane" is appropriate. 4. To adopt the Planning and Zoning Commission Goals and Objectives. (A copy is attached to these minutes.) 5. To adopt the Planning and Zoning Commission budget for FY 178. REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: None LIST OF MATTERS P 1. 72-04. Board of Adjustment Appeal Amendments. 2. 11-7317. Creation of a University Zone (U). 3. P-7410. Creation of a Plobilc 4. P-7403.Home Residence Zone (Rbm) . Revision of Ml and M2 Zones. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN:, Chairman Ogesen zalledthe meeting additions or correctiorectio to order and asked if there were any, 1976. Jakobsen ns to the minutes of the meeting held on November. 4, suggested that the first word of the last -sentence. minutes be "The" instead of "he". A motion tof the o approve the minutes as amended was made by Cain, seconded by Vetter, and carried unanimously. ------------ e;. t 2s— 0 0 -2- Z-7016. Application submitted by Midwest Development Co., Richard Nazette, Attorney, for rezoning a tract of land, RIA to RIB. Tract to be known as Pepperwood Addition and located west of an extension of Sandusky Avenue and south of K -Mart area; date filed: 9/30/76; 45 -day limitation: 11/14/76; public hearing date: 11/18/76. Mike Kammerer, Shive-Hattery f, Associates, stated that the large area north of the subject property is zoned C2 which would allow multi -family _housing. The Engineering Division's recommendation for denial, Mr. Kammerer said, was based on the southside trunk sewer being used to its fuliest capacity if all undeveloped land were developed according to the density allowed under existing zoning regulations. Mr. Kammerer indicated that there are no plans at the present time for the area north of the subject property to be developed. The public hearing closed. Z-7617. Ty'n Cae Addition. ,Application submitted by Ty'n Cae, Inc., Charles A. Mullen, Attorney, to rezone a 46.64 acre tract of ground, RIA to RIB. Tract is located southeast of the intersection of Mormon Trek Boulevard and Rohret Road; date filed: 10/8/76; 4S -day limitation: 11/22/76; public hearing date: 11/18/76. No one spoke for or against the subject request. The public hearing closed. Z -7617x. Application submitted by Ty'n Cae, Inc. to rezone a 39.84 acre tract of land located cast of Mormon Trek Boulevard and south of the City limits from an A-] Zone (county zoning) to an RIB Zone upon annexation; date filed: 10/8/76; 45 -Jay limitation: 11/22/76; public hearing date: 11/18/76. No one spoke for or against the subject request. The public hearing closed. Z-7618. Application submitted by Paul Kennedy, Jr. to rezone a tract of land located scuth of Winebrenner Dreusicke Ford from RIA to MI; date filed: 10/18/76; 45 -day limitation: 12/2/76; public hearing date: 11/18/76. 11 Phil Leff, attorney representing Mr. Kennedy, explained -_that -the subject property is presently used as an auto salvage yard and was annexed into the City as RIA. An R1A Zone would seem an inappropriate zone for the property, he said, and pointed out that the surrounding property is zoned Ml. An Ml Zone would seem appropriate for the following reasons; he said: (1) it would make the existing use of the property conforming; (2) it would not constitute spot zoning; 0 -3- • (3) it would not adversely affect the public health, and (4) it would not increase traffic. Chairman Ogesen stated that the Planning: and Zoning Commission would defer further consideration until a Staff Report had been prepared. The public hearing closed. Z-7619. Application submitted by HyVee Food. Stores, Inc. to rezone a tract of land located at the northwest corner of North Dodge Street and North Dubuque Road from an R2 Zone and CH Zone to a PC Zone; date filed: 10/25/76; 45 -day limitation: 12/9/76; public hearing date: 11/18/76. Ron Pearson, representative of HyVee Food StOres, Inc., briefly summarized reasons why the property should be rezoned so that a grocery -drugstore combination could be located on the subject propert. e-,Mr.'Pearson analyzed supermarket comparisons of Ioy wa City, Ames and Ottumwa and referred the Commission to the following reports submitted by HyVee: (1) a report on the economic feasibility of a grocery (2) a report on the effect of P -drugstore combination; C zoning:on surrounding properties; (3) a report on the impact of traffic by PC:zoning .on:surrounding streets. Mr. Pearson pointed out that a need area is consistent with for commercial development the recommendations of the North Side Sin the subject tudy. Mr. Henry Horowitz, 1124 Conklin St., spoke against some of the following reasons: g propertnst the. proposed rezonin (1) without rezoning the R2 portion of the g for commercial size could be built on the y, a:HyVee store of adequate (2) it is an erroneous assumption that most ofthosepeople who would enter the street would be people who would normally traverse North Dodge Street during the day; (3) traffic will have to get on and off North' Dodge Street. It is misleading to suggest that this won't create additional traffic problems; (4) there is little remaining R2 land left in the City and it should 'remain (5) as R2; another llyVee store is contemplated for the southern part of Iowa City. Rea Davis, 707 Kimball Avenue, expressed concern that such rezoning might open other areas for spot zoning. Herbert Davis, 707 Kimball Avenue, expressed concern about the impact of traffic and whether compliancewith the City's zoning regulations had been met. La Vern Shay, R.R. 2, and Richard Brown, R.R. 2, spoke in favor of the rezoning. Mr. Pearson explained that a store anticipated for the southern part of the City would be a replacement store for the HyVee located on Kirkwood Avenue. The public hearing closed. -4- • A-7601• Petition for voluntary annexation of a 3c. south and contiguous to Z-7617 above. Application subacre mitted 1nc•; date filed: tract directly 10/8/76; 45 -day limitation: 11/22/76. by 7,-,,, Cae, A motion was made by Kammermcyer, seconded b t•ttY Council the voluntary annexation of TY'n Cae Y Vetter, to recommend to the Inc. (A-7602). a 39.84 tract .of land submitted by Commissioner Cain stated - policies on annexations and thatCit is discuss those presently establishing she felt somewhat ireluctaCain indicated LZ/City Council meeting to that, without further information Tony Osborn, to make a decision regarding Southwest Are Associate Planner, stated that rite staff had a reviewedrthennexation. dations regardingDevelopment Study prepared in 1969 and found the recommen- of the subject o annexation to be consistent with the Plan has been completed,perry. Chairman 0 esen _ proposed annexation be annexed theCit he would g stated thatuntilthe Comprehensive into the City, he said, only any annexation. Property and can be "taken into the only after it has been duly Y should questioned what use could City in proper fashion". Y considered She stated be made of the Commissioner Vetter that she would prefer annexation if i is control over the t not annexed. type of development that would the City could exercise some Don Schmeiser, place. Sen- -should make Senior Planner, stated that the Planning and Zoning would feel woulecommendation on thd hee annexation and the on what the g'Commission most appropriate zone for the Commission The motion failed b Property: -__ Y a 0-5 vote. A motion was made by Kammermeyer, seconded b City Council that if/when the 39.84 acre for voluntary Y Jakobsen, to recommend to the y annexation (A-7602 tract submitted by Ty'n Cae zone at the present time would ) is annexed to the Cit Inc. S-0. be an RIA Zone. The motion carried most appropriate ---------- _____________ unanimously, A motion was made by Cain, seconded by Vetter, regarding the voluntary annexation submitted btoy'reconsider the motion y Commissioner Cain sta , Inc. (A-7602), annexation for ted that she would prefer to in favor of the the followin vote (1) The Southwest Arca g reasons: the annexation; Development Study prepared in 1969 would (2) If land for Freewaysupport property, S18 is purchased Y, the City would have more control adjacent e the Might occur; and subject (3) The land the development that should be annexed into the City as an RIA Zone. Commissioner Vetter annexation. Vetter and stated that she would submit a ermy questioned whether the Count Prefer to vote for proposed commercial subdivision to the Cit y would be required to y for their consideration. Tony Kushnir, Assistant City Attorney, stated that the County would be required to submit any proposed subdivision to the City. Mr. Ed Thomas, petitioner, stated that the intent of annexation was to provide and easy and simple way of rezoning the area to an RIB Zone. An RIB Zone would be convenient, he said, because some of the lots may be "pie shaped". A vote to reconsider the motion regarding annexation carried 5-0. A vote on the original motion to recommend to the City Council. the voluntary annexation of a 39.84 tract of land submitted by Ty�n Cae,.Inc. (A-7602) carried 3-2 with Ogesen and Jakobsen dissenting, Commissioner Jakobsen stated that while th, would prefer to wait for such action untile annexation seems reasonableshe completed. the Comprehensive Plan has been S-7634. Preliminary plat of Pepperwood Additio n, a subdivision, as submitted EY Midwest Development Co., a 52 -acre tract of land located west of the Holly- wood Manor Addition in Southeast Iowa City; date filed: 9/30/76; 45 -day limitation: waived. A motion was made by Cain, seconded by Kammermeyer, to defer until the next meeting consideration of S-7634, preliminary plat of Pepperwood Addition, a subdivision as -submitted by Midwest Development Company, a 52 -acre tract of land located west of the Hollywood Manor Addition in.Southeast The motion carried unanimously. Iowa City. S-7635. Oakridge Estates, Part 1 - preliminary plat submitted by Willis•M. Bywater, Daniel W. Boyle, Attorney. North side of Linder Road., just east.of Old Linder House. Date filed: 10/4/76. 45 -day limitation: referred to Riverfront Commissi11/18/76; on: 10/21/76. Commissioner Kammermeyer questioned who would own and manage the small recreation center. Mr. Schmeiser indicated that this bility of the property owner(s). would be the responsi- After further discussion, a motion was made by Kammermcyer, seconded by Vetter, to recommend to the City Council approval of S-7635, Oakridge Estates, Part 1 - preliminary plat submitted by Willis M. Bywater located on the north side of Linder Road just east of Old Linder House,subject to the following: (1) that a waiver be granted so that lot lines need not be between 800 and 1000. (2) that a waiver be granted sothat all streets need not be constructed according to City specifications, and (3) that the Fire Chief determine whether the street name "Linor Lane" is apptopriat^. The motion carried'unanimously, 5-0. a • -6- S-7639. Preliminary Large Scale Residential Development plan, P Arca Development plan and plat of 7'y'n Cae Addition located cast lanned Of Mormon ]imitation: 12/5/76. Trek Boulevard and north of the'City limits; date filed: 10/21/76;45-dav Mr. Osborn stated that the Planning and Engineering Divisions had Coll, an analysis of the PAD and some deficiencies were noted. Noted A motion was made by Jakobson, seconded liy Cain, to defer until the next meeting consideration of S-7639, preliminary Large Scale Residential`' Development plan, Planned Area Development plan and plat of Ty'n Cae Addition located cast of Mormon Trek Boulevard and north of the City limits. 'rho rationale for deferral was based on incompletion of a Staff Report. The motion carried 5-o. Commissioner Cain noted that a memorandum had been received from Tony Kushnir, Assistant City Attorney, regarding zoning powers of municipalities. ------------ lid Thomas stated that he would submit in writing by 11/22/76 a waiver of the 4S -day time limitation regarding Z-7617, Ty'n Cae Addition, an application to rezone property from RIA to RIB. A motion was made by Cain seconded by Kammermeyer,'to recommend adoption' of the P$Z Commission Goals and Objectives. (A copy is attached to these minutes.) 'rhe motion carried unanimously, 5-0. - A motion was made by Jakobson, seconded by Cain, to recommend adoption of the Pf,Z Commission budget for FY 178. (A copy of the budget is attached to these minutes.) The motion carried unanimously.' Commissioner Cain gave a brief report on the November 16th City Council meeting. The meeting adjourned. The Jaksen,-Secretary FY '78 BUDGET PLANNING AND ZONING COMMISSION COALS AND OBJEC'rivCS `. Goal: To continue to address the items of the Comprehensive Plan as submitted. Objective: To continue public awareness and involvement in the planning process which includes the citizen participation process being developed by Sasaki Associates. Goal: To provide the best possible course of action to the City Council on matters covered in the By-laws. Objectives: To have regularly scheduled meetings. To work with the City Staff. provide Commission membe i.e.,:rs with appropriate education, . (1) Subscription to ASPO's "Planning" magazine, (Z) Commissioner's Handbook, (3) Orientation meeting for new Commissioners, and (4) Sending at least one Commissioner to at.least.one professional, meeting. To develop a better information retrieval system. To maintain an the City, appropriate Zoning Ordinance,for use of To propose amendments to the Zoning Ordinance Goals: To maintain and improve close communicationandrelations with other boards, commissions and governmental entities. To encourage dialogue between the P8Z Commission and citizens of Iowa City. Objectives: To answer correspondence in a timely manner. To make meetings more accessible to, the public. irD M�1 J/�^/•_ /,/J^^/ {}., /,�/^/J (^J(//%/////� /yam I✓ CIVIC CWA,^,IDH610N 6T. IOWA CI IOWA CITY. Ie WA !a74O ]ID]NIIOD a IOwA CRT, IOWA N -IN 10, November 18, 1976 Mr. Neal G. Berlin City Manager Civic Center Iowa City, Iowa 52240 Re: FY 178 Budget Allocation for the Planning and Zoning Commission i Dear Mr. Berlin: In regard to the FY '78 budget for the Planning and Zoning Commission, anticipated activities and expenditures include the Commissioners' attendance at conferences, magazine subscriptions, and general office supplies. It is my understanding that inside printing costs totaling approximately $300.00 for Staff Reports, agendas, minutes, etc. have been included within the budget for the Department of Community Develop- ment. Anticipated expenditures in FY '78, therefore; based upon the above activities, previous years' dispersements, and a presumed budget allocation of $755.00 for FY '78, is summarized as follows: Conferences . . . . . . . . . . . . . . . . . . . . . . . . . $600.00 (One or more persons to national conferences or two or more to regional conferences) Publications Planning Magazine, ASPO . . . . . . . . , . . . 105.00 General Office Supplies 50.00 Commissioners' Handbooks and Materials and Information Retrieval System 755.00 0 Ph'. Neal ItcrIin Nuvcmher IR, 1976 Page 2 'lice above budget allocation of $720.00 for the Commission is supported by the attached goals by the Commission for PY '78, • Planning and Zoning and objectives established If you have any questions concerning the above matter, hesitate to contact me. please do not Sincerely, / tDr. Robert Ogesen Chairperson Planning and Zoning Commission cc: Dennis Kraft, Director of Community Development RO:sc