HomeMy WebLinkAbout1979-09-25 Bd Comm minutesa
MINUTES OF THE IOWA CITY HOUSING COMMISSION MEETING SEPTEMBER 5, 1979
- CONFERENCE ROOM - Civic Center 3:30 p.m.
Members Present: Dianne Klaus, Len VanderZee, Rachel Dennis, Kathleen Graf
Staff Present: Linda Cook, Terry Steinbach, Lyle Seydel, Carol Flinn
Others Present: Bob Johnson, Prof. Mgn., Karen Klurgis, KXIC
I. Meeting to Order
II. Minutes of June 21, 1979 Meeting approved 4/0 on a motion by VanderZee,
seconded by Dennis.
III. Housing Appeals - Steinbach
1) Discussion re storm windows and storm doors - Town F, Campus Apartments:
Steinbach requested Commission seek formal clarification from Council
regarding intent of the wording "...other acceptable protective means..."
Bob Johnson questioned whether intent was energy efficiency or comfort?
2) Ordinance Amending Ordinance No. 78-2891 of the Code of Ordinances of
Iowa City:- It was moved by VanderZee, seconded by Dennis, "that we com-
municate by letter to the City Council of Iowa City asking them to defer
action on the exception, so that the Commission will be able to discuss
and properly formulate criteria for the enforcement of the exception."
Approved 4/0.
Discussion and concern centered around Section II, Item N3, "Exception:
Dwellings designated by official action of the City Council as having
special historical or architectural significance shall be exempted from
the above door/window requirements."
Commission members present felt that additional research would be required
on their part before they could properly draft such guidelines.
VanderZee indicated that he was uncomfortable with the "Exception" as
presently worded. He indicated he believed it to be too broad and fur-
ther indicated his concern with the word "historical".
3) By-laws - Housing Board of Appeals - following discussion regarding
proposed revisions including need to meet twice a month (possibly one
morning and one evening per month), Commission concurred that they
should vote on revisions next month.
4) Steinbach reported that he is currently preparing a report on the State
Housing Code and ramifications for enforcement of local codes and avail-
able housing.
5) Steinbach further reported that Adrian Anderson, Historical Preservation,
is interested in talking with Housing Commission. Commission concurred
that he should be invited to next meeting.
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IV. Report on Congregate Housing - Tom Walz, Director Gerontology Project:
Dr. Walz reported on types of congregate housing he envisions:
a) Intermediate size development - (i.e. 2h story walkup converted
to congregate space) where persons would function at surrogate
family level. He expressed concern with large -age -segregated
communities.
b) Flat tops on shopping centers - urges consideration of apartments
on upper floors to facilitate shopping and activity for older per-
sons.
c) Remodel existing facilities.
d) Full continuum care retirement community (i.e. Oakdale) with easy
access to medical care, plus space for development, quality medical
care, cafeteria.
Congregate Care was defined as Living/Sleeping/private bathing with
congregate eating with the following services provided:
a) partial caretaker,
b) some level of nursing care for chronic health conditions,
c) 3 meals per day,
d) Medication supervision,
e) Bathing and/or dressing assistance.
V. Adjournment - meeting adjourned at 6:00 p.m.
APPROVED:
Mary Diane Klaus, Chairperson
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Date
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MINUTES
HUMAN RIGHTS COMMISSION
JUNE 25, 1979 - 7:30 PM
CITY MANAGER'S CONFERENCE ROOM
Members Present: McCartt, Braverman, Marcus, Yates, Reyes
Munzenmaier, McGuire (left early)
Members Absent: Costantino, Kuhn, excused
Staff Present: Zukrowski, Cook, Brown
Staff Absent: Allen, Ryan, excused
Visitors: Larry Holden, James Tarle, Marilyn Turner, Mary
Abboud (KXIC-KICG), Flora Penn, Greg Kipper,
Curt Siefert (Press -Citizen), Earl Martin
Sullivan, Lori Goldman, Classie Hoyle, Pam
Carmichael, Carl Morsh (KCJJ), Robert V. Morris
(NAACP Reg. Rep., Iowa Bystander, Black Press),
Claudetta Wright, Brenda Caldwell, Sharon Nelson
Neil Brown (Daily Iowan), Donna Anderson,
RECOMMENDATION TO CITY COUNCIL
None
RECOMMENDATION TO CITY MANAGER AND STAFF:
None
SUMMARY OF RELEVANT DISCUSSION:
1. The May 1979 minutes were approved as written. Dick McCartt moved
and Carla Marcus seconded to approve the minutes. All Commissioners
present voted aye to accept the minutes as they stood.
2. There were quite a few guests so a guest sign -in sheet was
circulated. The guests addressed the Commission members regarding a
June 23 incident at Woodfield's. The guests said that racial
discrimination had occurred at Woodfield's on the 23rd. One member
of the audience indicated that a racially discriminatory practice
had occurred by the proprietor that violated Title VII. This
individual did not feel that it was right that at a public place
certain individuals be ostracized, alienated and discriminated
against. He also expressed that this activity has been going on for
quite some time.
Members of the audience questioned whether the proprietor's license
could be revoked. The participants were advised that the City
Council has the authority on that issue. Several alternatives for
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remedying the situation were suggested. These included a
predetermination settlement, injunctive relief for cease and desist.
A peaceful demonstration was also suggested and audience
participants were advised to determine whether a City permit was
necessary. However, the legal staff advised that at a demonstration
no one's entrance to the establishment could be stopped.
Questioned also was why individuals may not come forward with
complaints. It was suggested that some individuals may feel hesitant
due to the possibility of retaliation. It was pointed out that
retaliation is unlawful.
The staff and Commissioners expressed that they will deal swiftly and
make all efforts to do so. Participants were also advised that the
Human Rights Commission could not take action which would be
prejudicial and it was necessary to keep an unbiased approach to the
problem and follow procedures.
The Commission and audience were advised that the regional NAACP
office was informed of the situation and it would be entering with
some sort of action and monitoring the Commission's procedure. The
NAACP would be exploring legal redress.
A member of the audience questioned what alternatives to peaceful
action could be taken. This individual was concerned in finding a
creative way to harness the effort that has been generated.
Participants were advised they could appear at the City Council
meeting individually and as a group on Tuesday, June 26 at 7:30 p.m.
Individuals could also contact Commission members on an individual
basis or the Human Relations Department. An economic boycott was
also raised as an alternative for peaceful action.
A member of the audience indicated that other bars, including the
Fieldhouse and Copper Connection, have practiced racial
discrimination. However this was of a subtle form. Consequently,
blacks had no other place to go.
An individual acknowledged that one formal complaint had been filed.
A question of the liability for discrimination was raised if the
proprietor sold the business. It was questioned whether the sale and
the transfer would be a facade.
Members of the audience questioned how long it would take for the
complaint to be investigated. It was indicated that about four weeks
would be necessary for the investigation.
Members of the audience also indicated that one local TV station had
film attesting that a minor was present in the bar.
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A question was raised regarding why the police officers who responded
to the Saturday evening call did not card at Woodfield's.
A press release regarding the Commission's posture was to be issued.
3. Commissioners were advised that no reply had been received from the
local Civil Service Commission in regards to a suggestion for the two
Commissions to meet and exchange members at meetings. Commissioners
were notified that they would receive notice of Civil Service
Commission meetings.
4. Materials for the orientation program were distributed and
Commissioners were asked to read the material. The materials focused
in on the investigation of complaints. The materials dealt with
issues and items to consider in preparing for an investigation and
carrying it through.
5. Commissioners are also asked to assist the Human Relations
Department in recruiting applicants for fire fighting positions.
6. Linda McGuire indicated that WRAC received the notice too late to
include it in their newsletter.
7. Commissioners were asked if they would be interested in attending a
training session sponsored by the Iowa Civil Rights Commission.
Commissioners were apprised that proposed topics were investigation
and conciliation of complaints. Commissioners also wanted to
include a session on effective relationships with the state. Four
Commissioners indicated a preference for a Saturday -Sunday training
session; one Commissioner indicated a preference for Friday -
Saturday; one Commissioner expressed no preference; one Commissioner
indicated that the date depended on her work schedule. All but one
Commissioner indicated that an August training session would be
acceptable. One individual preferred a September training session.
Committee Reports
1. Affirmative action.
The Chair indicated he has not had any report from Sherry Alvarez who
is working on this project. Braverman was to call Ms. Alvarez.
2. Compliance monitoring guide.
Steve Munzenmaier, Chair of this committee, did not submit a proposed
monitoring guide.
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3. Blue Ribbon Subcommittee - City as a model employer.
Dick Yates, Chair of the subcommittee, indicated that Pat Brown is
initiating policies and procedures in some of the areas the
Commission had expressed concern. Yates indicated that the
committee's actions in these areas would duplicate efforts. Changes
in City structure and the effectiveness of those would be affected by
whether the Human Rights Commission gave support in effectuating the
changes initiated by the Human Relations Department. Changes in
attitude could be affected by the Human Relations Department
training. It was indicated there was a need for sensitivity
training. Pat Brown indicated she has some training in mind and that
the Human Rights Commission could assist in this training. However,
it was indicated that in order to be certified as a trainer the
individual must first participate in a three day session. Once all
Commissioners could be certified as trainers then Human Rights
Commissioners could rotate in their participation of the training
session. Commissioners indicated they would participate in the
three day training sessions. There were funds available for this and
a September training date was being considered. Ms. Reyes indicated
that September 16 was not convenient. It appeared that the weekend
after Labor Day, on September 7, 8 and 9, was preferable. Staff was
to submit a questionnaire asking the Commissioners their preference
for alternative dates.
The City has received a decision From PERB regarding an unfair labor
practice. This involved the distribution of a questionnaire that
dealt with mandatory issued for bargaining. The decision went
against the City. Commissioners were apprised that they could submit
questionnaires to City employees with union consultation and
approval.
Priority projects.
Linda McGuire, Chair of the Committee, indicated that one of the
priority projects established, that is, processing of City employee
complaints, was being addressed by the Blue Ribbon Subcommittee.
Another priority project of targeting areas was discussed. A need to
sensitize and educate the community was identified. There is a need
to generate creative alternatives for groups in how to deal with
discrimination problems. This would involve personal contact,
activities and workshops, and public input. Linda also indicated
that the Committee made recommendations and was not charged with
implementing the priority projects.
A subcommittee was established to target areas and identify
organizations and groups in order to educate and sensitize the
community regarding discrimination. McGuire moved and Marcus
seconded that this committee be charged to target areas where
discrimination may occur and identify groups and organizations to be
contacted in order to educate the community. The Commission members
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who were present all voted aye. The committee was Linda McGuire as
Chair, Dick Yates and Angelita Reyes.
5. Baseball team resolution.
Linda McGuire reported that she will be reviewing the scheduling,
facilities and times available that were made available to all teams
that played in the league to determine if women's teams were
equitably treated. It was also indicated that the Iowa Civil Rights
Commission is issuing rules on sports activities and equity in
sports.
In regards to one of the Blue Ribbon Subcommittee's projects
regarding the Human Rights Commission processing City employee
complaints there was a meeting scheduled for 6-26.
6. Commission annual report to the City Council.
Dick McCartt, Chair of the subcommittee, indicated a meeting was
scheduled for July 5 at 8:00 a.m.
7. Commission bylaws.
Steve Munzenmaier indicated he was still working on these. Some of
the recommended changes were the following: including recommending
powers by the Human Rights Commission in regards to appointments to
the City Council after reviewing applications; changing the number
of meeting dates to 11; deleting duplication of items; including
internal complaint processing; reviewing the conciliation and
hearing process. Munzenmaier indicated that the current language in
the bylaws regarding subcommittee structures was not inconsistent
with current practice. There was some discussion regarding a total
independent Human Rights Commission patterned after the Des Moines
Commission. The Des Moines commission is funded by the City and has
paid staff.
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The staff report was distributed and there were no comments.
Complaints
There was no report by staff regarding whether an employer who permits
cohabitating employees to work in the same division while not permitting
married employees to do so is a violation of marital status under the
local ordinance.
Munzenmaier reported that the conciliation team found no probable cause in
E/S, 9-18-7808. There were two basic issues which were wages and non -
promotion• Although no probable cause was found, the conciliation team
advised the employer of their concerns. The conciliation team was
informed that a written reply from the respondent was forthcoming.
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The Commission was advised that the investigative report in case E/R, 12-
22-7810 was in the Legal Department.
The Commission was advised that there was a no probable cause finding in
case E/S, 12-29-7811. Parties were apprised and by the time the
Commission met the case was closed.
The Commission was advised that case E/Re, 2-15-7901 was down in legal for
review.
Steve Munzenmaier the chair of the conciliation team in case E/S, 3-26-
7904 advised the Commission that the case materials were received by the
conciliation team. These were being reviewed.
The following cases were assigned by the Chair: H/R, 2-15-7901; PA/R, 2-
15-7901; E/R, 2-15-7902; EIS, 3-27-7903. Since they were assigned by the
Chair prior to the Commission meeting the Commissioners who were present
received case materials.
Zukrowski indicated that two cases were in investigation which were E/S,
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3-27-7903 and EIS, 5-2-7905.
During the public discussion section of the meeting one individual
indicated a complaint had been filed against Woodfield's. This was a new
case.
Kuhn reported that in her monitoring of case PA/R, 5-15-7805 she would go
and visit with the respondent.
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The July Commission meeting was set for July 23 at 7:30
Commissioners were apprised that they would not be meeting in August. P m
Angelita Reyes moved, Dick McCartt seconded, that the Commission adjourn.
j All voted aye except for McGuire who left before the meeting adjourned.
The Commission adjourned at approximately 10:15 pm.
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IOWA CITY HUMAN RIGHTS COMMISSION
JULY 5, 1979 7:30 P.M.
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: McCartt, Munzenmaier, Reyes, Kuhn, Braverman and
McGuire (Yates arrived 8:05).
MEMBERS ABSENT: Marcus, Costantino, excused.
STAFF PRESENT: Allen, Zukrowski, Brown, Scholten
VISITORS: Neil Brown, Daily Iowan; Pat White; Mary Abboud,
KXIC-KICG Radio; Ron Lyons and Kevin Kendall; Channel
9 TV - KCRG; Brian Franz, Newscenter 7 TV - KWWL;
Flora Penn, Black Student Union.
RECOMMENDATIONS TO THE CITY COUNCIL
None
RECOMMENDATIONS TO THE STAFF AND CITY MANAGER
None
SUMMARY OF RELEVANT DISCUSSION
I. The July 5, 1979 special meeting was called to order at 8:05 with one
item on the agenda, which was a review by staff of progress to date
regarding action taken in regard to the alleged discriminatory
practices by a local disco.
2. Braverman read the following statement after the start of the
meeting:
It is the policy of the Iowa City Human Rights Commission to
preserve the integrity and credibility of the Commission in all
matters affecting complaints of discrimination practices within
Iowa City.
Therefore, until such time that the Commission renders a
probable cause finding or a no probable cause finding, no
stages aspects of geswillthbeCommission's disclosed
inrthe interestcases
of protecting
tthe
confidentiality of both the complainants, and insuring due
process.
We appreciate your cooperation and understanding in this matter
and relating etinterested
ee from
ngto the issueathand. Thankrefrain
n you.Iowa CiQtysHuman
Rights Commission.
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After this statement was read the staff proceeded to inform the
Commissioners of the progress to date on the Woodfield's matter.
The basic conversation was around the hearing that was conducted
earlier in the week with the Iowa Civil Rights Commission and
Woodfield's. The staff explained to the Commission members that the
hearing that was conducted with the State Civil Rights Commission and
Woodfield's had no reflection on the procedures in which the Iowa
City Human Rights Commission will be using to handle their
discriminatory complaints.
3. Correspondence was distributed. One of the correspondence items
distributed was from Marilyn Turner, who is the president of the Afro
Cultural Center, explaining and expressing her thanks to the Iowa
City Human Rights Commission and giving her support for the
procedures which are and have been taking place.
4. The next scheduled Human Rights Commission meeting was then moved to
July 9, 1979 at 7:30 P.M. in the City Manager's Conference Room.
Agenda items must have been turned in to the City staff by 10:00 A.M.
on July 8, 1979, in order to be discussed at the July 9, 1979
meeting.
Kuhn moved and McCartt seconded that the meeting adjourn. All
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members present voted aye. Adjournment time was 8:20.
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IOWA CITY HUMAN RIGHTS COMMISSION
JULY 9, 1979 7:30 P.M.
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Marcus, Braverman, McGuire, Kuhn, McCartt,
Munzenmaier, Reyes was excused for the first hour
because of a meeting and Yates arrived at 8:00 P.M.
MEMBERS ABSENT: Costantino, excused.
STAFF PRESENT: Allen, Scholten, Zukrowski.
STAFF ABSENT: Brown, excused.
RECOMMENDATIONS TO THE CITY COUNCIL
None
RECOMMENDATIONS TO THE STAFF AND CITY MANAGER
None
SUMMARY OF RELEVANT DISCUSSION
I. The meeting was called to order at 7:45 P.M. The approval of the
June 25, 1979 minutes was deferred as the regularly scheduled meeting
had been called at an earlier date.
2. Marcus explained that she had not been notified of the July 5, 1979
meeting, therefore the Chair declared that her last absence for the
July 5 meeting be noted on record as excused.
OLD BUSINESS
3. Munzenmaier moved for a special meeting to be held July 11, 1979 at
8:30 A.M. Subject of the meeting would be to report the -progress of
the conciliation team.
NEW BUSINESS
4. Braverman distributed copies of the response from the City Manager
regarding the Commission's request to review each departmental
budget. The City Manager in essence informed the'Commission that the
Director of the Human Relations Department and the Director of
Finance have been instructed to include in the budget manual for FY81
appropriate mechanisms for achieving a mutual goal of reviewing all
departmental budgets.
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IOWA CITY HUMAN RIGHTS COMMISSION
JULY 9, 1979 7:30 P.M.
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Marcus, Braverman, McGuire, Kuhn, McCartt,
Munzenmaier, Reyes was excused for the first hour
because of a meeting and Yates arrived at 8:00 P.M.
MEMBERS ABSENT: Costantino, excused.
STAFF PRESENT: Allen, Scholten, Zukrowski.
STAFF ABSENT: Brown, excused.
RECOMMENDATIONS TO THE CITY COUNCIL
None
RECOMMENDATIONS TO THE STAFF AND CITY MANAGER
None
SUMMARY OF RELEVANT DISCUSSION
I. The meeting was called to order at 7:45 P.M. The approval of the
June 25, 1979 minutes was deferred as the regularly scheduled meeting
had been called at an earlier date.
2. Marcus explained that she had not been notified of the July 5, 1979
meeting, therefore the Chair declared that her last absence for the
July 5 meeting be noted on record as excused.
OLD BUSINESS
3. Munzenmaier moved for a special meeting to be held July 11, 1979 at
8:30 A.M. Subject of the meeting would be to report the -progress of
the conciliation team.
NEW BUSINESS
4. Braverman distributed copies of the response from the City Manager
regarding the Commission's request to review each departmental
budget. The City Manager in essence informed the'Commission that the
Director of the Human Relations Department and the Director of
Finance have been instructed to include in the budget manual for FY81
appropriate mechanisms for achieving a mutual goal of reviewing all
departmental budgets.
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Job Service Benefits
5. The Chair distributed his response to an article that was published
in the Iowa City Press -Citizen regarding a man -woman spat on the job.
Committee Reports
6. Commission Bylaws, Steven Munzenmaier. After a few changes,
Munzenmaier moved and Kuhn seconded that revisions be accepted as a
whole on the Bylaws without reviewing each section separately. All
members present voted aye. McGuire abstained. Some of the topics
discussed about the Commission Bylaws were time guidelines for
processing complaints, subcommittee structure, input on Commission
appointments, attendance and number of monthly meetings to be
attended.
7. Commission annual report, Dick McCartt, Chair. Will be making his
report at next scheduled meeting.
8. Baseball team resolution. McGuire is still investigating.
9. Commission priority projects, Linda McGuire, Chair. The committee
to review priority projects is to meet within the following week.
10. Blue Ribbon Subcommittee - City as a Model Employer, Dick Yates,
Chair. After discussion with Human Relations Director Patricia
Brown they mutually agreed that the Blue Ribbon committee was not
really needed as they Human Relations Director will be carrying out
the same duties as the Blue Ribbon Subcommittee.
11. Compliance monitoring guide, Steven Munzenmaier. Had no report.
12. Affirmative action. Chamber of Commerce Commissioner appointment
pending. Marcus volunteered to be a representative of the Human
Rights Commission and to attend Chamber of Commerce meetings. There
was no further discussion.
Staff Report
Was not yet prepared because of the early calling of the regularly
scheduled meeting.
COMPLAINTS
1. Cohabitating. Violation of marital status. There was no report
to be made as of yet.
2. Cases Pending.
A. E/R, 12-22-7810. Costantino, Chair. There was no report
as Costantino was on vacation.
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July 9, 1979
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B. H/R, 2-15-7901. Munzenmaier, Chair. Yates, McGuire are
members of that conciliation team and they are to meet to
discuss the case at a later time.
C. PA/R, 2-15-7901. Kuhn, Chair. Team is to meet with Kuhn
after the regularly scheduled meeting to discuss that
case.
D. E/Re, 2-15-7901. Braverman, Chair. There was no report.
E. E/R, 2-15-7902. Braverman, Chair. Chair in the
conciliation team found no probable cause. Report of that
finding is pending and is to be turned in by the Chair.
F. E/5, 3-27-7903. Is in investigation.
G. E/5, 3-26-7904. Munzenmaier, Chair. Team reviewed
investigative report, has made no decision.
H. E/5, 5-2-7905. In investigation.
I. PA/R, 5-7-7902. Costantino, Chair. There was no report as
Costantino was on vacation.
3. Cases Closed.
A. E/S, 9-18-7808. No cause finding. There has been no
appeal.
B. E/S, 12-29-7811. No cause finding. There has been no
appeal.
4. Cases to be Monitored.
A. PA/R, 5-15-7905. Kuhn is monitoring the case and there are
some items that are still being checked out.
5. New Cases.
Conciliation team assigned Munzenmaier as Chair of cases:
A. PA/R, 6-25-7903.
B. PA/R, 6-25-7904.
C. PA/R, 6-26-7905.
D. PA/R, 6-26-7906.
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E. PA/R, 6-27-7907.
F. PA/R, 7-2-7908.
G. PA/R, 7-3-7909.
All seven cases will be dealt with as a group. Probable cause
report is being prepared.
Meeting adjourned at 9:20 P.M. Yates moved and Munzenmaier seconded.
All members present voted aye.
The next Commission meeting would be held July 11, 1979, at 8:30 A.M.
in the City Manager's Conference Room. This meeting was a special
meeting called by the Conciliation Team, Munzenmaier Chair.
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IOWA CITY HUMAN RIGHTS COMMISSION
JULY 11, 1979 8:30 A.M.
CITY MANAGER'S CONFERENCE ROOM
SPECIAL MEETING
MEMBERS PRESENT: Marcus, Reyes, McGuire, Yates, Kuhn, McCartt,
Braverman, Munzenmaier.
MEMBERS ABSENT: Costantino, excused.
STAFF PRESENT: Zukrwoski, Allen, Scholten.
STAFF ABSENT: Brown, excused.
VISITORS: Denise Klingman, KRNA; Neil Brown, Daily Iowan;
Dianna Jones; Robert Martin; John Munsen, Press -
Citizen; Lyle Muller, KXIC-KICG radio; Ford Clark,
Cedar Rapids Gazette; Patrick White.
RECOMMENDATIONS TO THE CITY COUNCIL
None
RECOMMENDATIONS TO THE STAFF AND CITY MANAGER
None
SUMMARY OF RELEVANT DISCUSSION
1. The special meeting requested by the conciliation team, Munzenmaier,
Chair, was called to order at 8:40 A.M. in the City Manager's
Conference room. There was one item on the agenda which was that the
conciliation team would report on its progress to date of seven
complaint cases.
Munzenmaier moved and Kuhn seconded that since the investigation had
found probable cause in the cases and conciliation was not possible,
a public hearing of the cases that were filed against Woodfield's
should be the next step. All members present voted aye on the motion
to go to a public hearing and the motion carried. The Chair
established July 23, 1979, at 7:30 P.M. as the date for the public
hearing. The public hearing is to be held in the Civic Center
Conference Chambers and the reason for the public hearing is that
there was a violation of Section 18-33 of the Code of Ordinances of
Iowa City.
At that point Ryan entered the meeting to explain to Commissioners
and the general public the procedures on a public hearing. She
indicated that the format was much like a trial in that 1) the
conciliation team had the role of witnesses, 2) hearsay evidence is
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July 11, 1979
Page 2
allowed, and 3) complainants are witnesses. She also specified that
the procedures would mainly follow the ordinance. Pat White,
attorney, again requested a copy of the investigative report.
After some questions and answers from staff, Commission members and
general public attending, a motion was made by McGuire and seconded
by Kuhn that a hearing officer not be hired. All members present
voted aye. The hearing officers will be Braverman, Chair, McGuire
and Yates.
For the record, Pat White wanted it to be known that he objected to
the appointment of three hearing officers and to the hearing date
because the current commission "bylaws" were not in effect when the
charges of discrimination were originally filed with the Human
Rights Commission. Mr. White felt that the Commission should be
operating under the same bylaws for these complaints that was
actually in effect when the complaints were filed. He also felt that
all Commissioners, excluding the conciliation team, had to be
hearing officers.
Kuhn moved and Yates seconded for adjournment. Meeting ended at 9:40
P.M.
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Iowa City Hum, lights Commission
July 11, 1979
Page 2
allowed, and 3) complainants are witnesses. She also specified that
the procedures would mainly follow the ordinance. Pat White,
attorney, again requested a copy of the investigative report.
After some questions and answers from staff, Commission members and
general public attending, a motion was made by McGuire and seconded
by Kuhn that a hearing officer not be hired. All members present
voted aye. The hearing officers will be Braverman, Chair, McGuire
and Yates.
For the record, Pat White wanted it to be known that he objected to
the appointment of three hearing officers and to the hearing date
because the current commission "bylaws" were not in effect when the
charges of discrimination were originally filed with the Human
Rights Commission. Mr. White felt that the Commission should be
operating under the same bylaws for these complaints that was
actually in effect when the complaints were filed. He also felt that
all Commissioners, excluding the conciliation team, had to be
hearing officers.
Kuhn moved and Yates seconded for adjournment. Meeting ended at 9:40
P.M.
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IOWA CITY HUMAN RIGHTS COMMISSION
JULY 18, 1979 - 9:00 AM
ENGINEERING CONFERENCE ROOM
Commission Members: Braverman, McCartt, Costantino, Marcus, McGuire,
Yates, Reyes, Kuhn
Staff Present: Zukrowski, Scholten
Visitors Present: Patrick White
RECOMMENDATIONS TO THE CITY COUNCIL
None
RECOMMENDATIONS TO THE STAFF AND CITY MANAGER
None
SUMMARY OF RELEVANT DISCUSSION
The meeting was called to order at 9:00 AM to discuss procedures to be
used at the public hearing set by the Iowa City Human Rights Commission on
July 23, 1979. The legal staff gave the Commission members and
participants attending the general idea of how the hearing would proceed.
Patrick White wanted the authority to cross examine each hearing officer
to determine their objectivity. Braverman informed Mr. White, attorney
for Ambrose-Lovetinsky, that he could obtain written statements signed by
each hearing officer that stated that they had no connection with either
party involved in the case. There was also some discussion about the
physical arrangement of the public hearing, where the complainants would
be seated in the procedures, and guidelines set down for the news media.
Patrick White indicated that he felt there should be ruling of no moving
cameras or lights as it might disrupt witnesses. At that point the
hearing officers agreed that some limitations should be made. The legal
staff is to research into those aspects and make a recommendation.
i ! Patrick White asked that briefs be submitted and Braverman added that any
! amendments to the briefs that were submitted had to be filed before
1:30 PM on July 24, 1979, the day after the public hearing. Another
aspect covered was that the legal staff felt that it was important for
hearing officers to take notes during the proceedings, as after so many
testimonies and facts have been presented, it is easier to go back through
to review them. After much discussion, questions and answers, the hearing
officers were more assured as to how to proceed in the hearing to be held
July 23, 1979.
Meeting adjourned at 11:00 AM.
IY
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IOWA CITY HUMAN RIGHTS COMMISSION
JULY 24, 1979 2:00 P.M.
CITY MANAGER'S CONFERENCE ROOM
SPECIAL MEETING
MEMBERS PRESENT: Costantino, Braverman, Reese, Yates, McGuire,
Kuhn, Marcus, Munzenmaier, McCartt.
STAFF PRESENT: Brown, Zukrowski, Scholten, Allen.
VISITORS:. Patrick White.
RECOMMENDATIONS TO THE CITY COUNCIL.
None.
RECOMMENDATIONS TO THE CITY MANAGER AND STAFF.
None.
SUMMARY OF RELEVANT DISCUSSION.
There was one item on the agenda for discussion at the special
meeting called July 24, 1979, and that was to hear the report
prepared by the hearing officers. However, since the public
hearing had been continued from the 23rd on into the 24th and
had not convened yet no report was available. Therefore, the
meeting was recessed until 6:00 p.m. on the same day. Munzenmaier
moved,.Yates seconded to recess until 6:00 p.m. All members
present voted aye. Meeting recessed at 2:15'p.m.
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IOWA CITY HUMAN RIGHTS COMMISSION
JULY 24, 1979 6:00 P.M.
CITY MANAGER'S CONFERENCE ROOM
Markus, KuhnS(arrived cGuire, Reese, late), Costantinol,nBravermanYates, McCartt,
,
STAFF PRESENT: Brown, Zukrowski.
VISITORS: Rich Ray, Patrick White.
RECOMMENDATIONS TO THE CITY MANAGER.
None
RECOMMENDATIONS TO THE STAFF.
None.
SUMMARY OF RELEVANT DISCUSSION.
Meeting was called to order at 6:05 P.M. This meeting had been
recessed from 2:00 P.M. on July 24, 1979. The 2:00 P.M.
meeting was for the purpose of receiving the public hearing
not
available report.
6:00 P.M.icConsequentlyomeeting officer's
ethe report was
was
rescheduled.
Two meetings were rescheduled.
rnce
1 Room. 1979 at 6:3
hearingMoffi erthe
is to write e
t eirfinal
report.
2. July 26, 1979, at 7:30 P.M. McGuire moved, Marcus
seconded, to schedule a Commission meeting on July 26,
1979, at 7:30 P.M. There was no discussion. All nine
commissioners were present and voted "aye". The purpose
of the meeting is for the Commission to receive the public
hearing officer's report and to take appropriate action.
Munzenmaier moved, Braverman seconded, to adjourn the meeting.
All voted "aye". Meeting adjourned at 6:20 P.M.
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IOWA CITY PARKS AND RECREATION COMMISSION
RECREATION CENTER, ROOM B
AUGUST 29, 1979
MEMBERS PRESENT: Boutelle, Crum
Thayer. , Hayek, Humbert, Hillman, McLaughlin,
MEMEBERS ABSENT: Berry, Robertson
STAFF PRESENT: Showalter, Boothray
----�••�-L n+a +v inn rLANNING AND ZONING COMhfISSION.�J
1. That the City accept the 1.71 A. tract in the McBride addition, adjacent 4
to Villa Park, as park land.
SUMMARY OF ACTION TAKEN'
i
Boothray explained that Lyle Miller wanted to donate 1.71 A., designed
for storm water detention, to the City as an addition to Villa Park.
Thayer asked Showalter for a staff position and recommendation. Showalter
stated that there were good and bad features about the tract. Good features-
; a bigger park -current size is 6.5 A. -and better access to houses in new
addition to the park. Bad feature -land is mostly bottomland with heavy
I soils, some limitation because of occasional presence of storm water,
and we do have some park land in the area.
Safety and liability were discussed.
Planning It was moved and seconded to recommend to the City Council and to the
i addition dZoning Crum,I,that HumbertheHillmancandtThayer voted yes;
McLaughlin and Hayek abstained and Boutelle voted no. Motion carried.
1 The five year C.I.P. was discussed. Hayek suggested raising the figure
for the school swimming pool to $250,000-4 of the total price of $1,000,000.
i No additional projects were added.
The meeting was adjourned at 9:20 p.m.
Respectfully subgixted,
er
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IOWA CITY HOUSING APPEALS BOARD
AUGUST 9, 1979 8:10 AM
MEMBERS PRESENT: Jerry Smithey, Pat Owens, Diane Klaus, Rachel
Dennis.
STAFF PRESENT: Terry Steinbach, Linda Cook, Dave Malone, Roger
Tinklenberg.
SUMMARY OF DISCUSSION
Chairman Klaus asked for corrections to the June 14 minutes.
Steinbach presented a brief discussion of the proper procedure
for correcting minutes.
Smithey moved that the minutes of June 14, 1979, be approved as
corrected, Owens seconded, minutes approved unanimously.
Klaus asked for corrections to the minutes of July 12, 1979.
Smithey asked that the minutes of the July 12, 1979, meeting be
amended to state that after hearing the Steven Bright case,he
was absent from the remainder of the meeting.
Smithey moved, Owens seconded, that the Housing Appeals Board
minutes of July 12 be accepted with the previously mentioned
correction. Minutes were accepted by a unanimous vote.
j BOARD TO HEAR THE CASE OF A. GILES WARRACK -- 812 E. DAVENPORT
Steinbach presented an explanation of a recent amendment to
the Housing Code concerning ceiling heights. He also
presented background material regarding the case of Mr. and
Mrs. Warrack stating that an appeal had originally been heard
i on May 10, 1979, and had at that point been continued.
Steinbach said that the City had received information from the
Warracks which was taken from the North Side Neighborhood
Preservation Study. This information showed that the dwelling
was listed on the 1906 Sanborn map as a single family dwelling
and has not changed use or classification since that time.
Steinbach then asked that the Appeals Board dismiss the case.
Owens moved, Smithey seconded, that the Warrack case be
dismissed. Warrack case was dismissed by a unanimous vote.
BOARD TO HEAR THE CASE OF JAMES A. SHAMANSKY -- 420 N. GILBERT
Steinbach stated the history of the continuance of the case and
also stated that he and Inspector Barnes had visited the
property and found all appealed violations to have been
corrected by Mr. Shamansky. He stated that for this reason the
City asked that the case be dismissed.
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Dennis moved, Owens seconded, that the case against James A.
Shamansky be dismissed.
Smithey asked what corrections Mr. Shamansky had made.
Steinbach stated that Mr. Shamansky had moved ceiling pipe ob-
structions to gain proper ceiling height and had moved a
location of an entry door to gain proper doorway height.
Smithey asked whether a dismissal was the proper procedure to
follow.
Cook replied that since all corrections had been made there was
no longer a case against Mr. Shamansky. She stated that it was
similar to any other court proceeding, such that since all
evidence shows that there is no longer a violation a dismissal
would be sought.
A dismissal was approved by unanimous vote. All those who had
and would testify were sworn in by the Chairman.
BOARD TO CONSIDER THE CASE OF MR. ROBERT J. JOHNSON -- 1100
ARTHUR
Steinbach stated that as he had before, the appeal had been
properly filed and that a continuance had been granted at the
June 14, 1979, meeting. He asked if the Board members had had
a chance to review the memorandum which had been submitted by
Roger Tinklenberg, Energy Program Coordinator. He stated that
Mr. Tinklenberg could be called to testify at any time during
the meeting. The Board asked that he be called to the meeting.
Johnson stated that he had received notification of the
Appeals Board meeting on the previous Monday morning and felt
that the City was somewhat unfair in such a short notification
period. He further stated that the manager of Town and Campus
j Apartments had received a copy of Mr. Tinklenberg's memorandum
in the afternoon of August 8, 1979; and again he felt that not
enough time was given him to prepare for the meeting of the
9th. He stated that he may have found it appropriate to bring
his own expert witnesses to the meeting. Johnson stated that
he did not receive a copy of the City Attorney's statement
until 7:58 A. M. on the morning of the 9th of August. He stated
that the City should have supplied him with all of this
information on a more timely basis. He stated that he felt as
if he was at a disadvantage.
I Smithey asked whether or not Mr. Johnson would be interested in
asking for a continuance. Johnson answered that if the Board
felt that an insufficient amount of information was presented
he would then request a continuance.
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Chairman Klaus swore in Tinklenberg.
Steinbach asked Malone to restate his findings regarding Town
and Campus Apartments.
Malone stated that there were no storm doors on the exterior
entry doors nor was there insulating glass on the glass sliding
doors. Malone also stated that there were no storm windows on
any of the exterior windows.
Johnson asked whether Malone was able to establish that there
was in fact not insulating glass at the apartments.
Malone stated that to the best of his knowledge he was not able
to determine there to be insulating glass. He stated that he
had called St. Louis to discuss with the previous managers of
the apartment complex the question of whether insulating glass
was in the original specifications of the apartments. Malone
stated that the original specifications had not been found to
this date. Malone stated that since he was not able to
determine that there was insulating glass on the present
installation that he was therefore assuming that what was
there is not insulated glass.
Johnson stated that by definition all glass is insulating.
Cook asked Mr. Johnson whether he was contending that the glass
at Town and Campus is insulated or thermopane.
Johnson replied that he did not make that statement.
Steinbach asked Tinklenberg to present an explanation of his
memorandum.
Klaus asked if the memorandum should be entered into the
record. Steinbach replied that that was the decision of the
Board.
Smithey asked that Mr. Tinklenberg give an explanation
including references and resources before the papers be
accepted.
Klaus introduced the memorandum of August 8 by Tinklenberg
into the minutes of the meeting.
Tinklenberg stated that it was his interpretation of the
Board's question to him of whether insulated drapes and
weatherstripping around the doors was sufficient to meet the
requirements of the code. He stated that those would not be
sufficient remedies to guard against heat loss even though
those remedies would cut down on air infiltration. He stated
that in a theoretical case where insulated drapes created a air
seal next to a single pane of glass you would in fact receive
insulating qualities; however, that was not the situation in
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this case. Tinklenberg stated that his resource of
information was the Wisconsin Energy Extension Service.
Tinklenberg also stated that drapes would serve no insulating
function during the day if drawn open due to the light needs
within the dwelling unit.
Johnson asked that if the use of drapes was an option whether
the use of storm windows was, in fact, an option also.
Tinklenberg replied that yes for the purpose of ventilation
those two would be options.
Johnson questioned some information on page 3 of Tinklenberg's
memorandum and used the Home Energy Savers Manual issued by the
Iowa Energy Policy Council for reference.
Klaus entered page 53 of the manual into the records.
A discussion followed regarding the validity of Johnson's and
Tinklenberg's references. It appeared to be agreeable that
each witnesses' expert source had a slightly different
calculation for heat loss.
A lengthy discussion ensued regarding R -factors, heat loss in
BTUs, air infiltration and temperature conductance through
materials, inflation, cost and installation payback figures,
and public safety and welfare.
Johnson stated that Town and Campus Apartments was in the
process of installing new furnace systems in each dwelling
unit. He stated that the units were high efficiency furnace
units. He stated that the installation of these furnaces would
be a gradual one.
Steinbach stated his concern as to the direction the
discussion was leading and questioned whether the information
being presented was pertinent to the Board's decision in
determining whether or not a violation existed.
The remainder of the meeting was not recorded on tape due to
malfunction of recorder.
Cook stated that the purpose of the hearing was not to get
involved in energy conservation, rather to interpret the
language of the code. The Board had asked that she prepare and
submit a written statement as to whether thermal or insulated
drapes would constitute "an other device" for protection
against cold under section 9.30.4.I.2(g) of the Iowa City
Housing Code. Cooks statement was entered into the record by
Chairman Klaus. Cook went on to say that it was the opinion of
the Legal staff that thermal drapes are not an alternative
device for protection against the elements. She stated that
her resources were the Housing Code and Websters International
Dictionary. She stated that relying on drapes as insulators
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against cold weather would, in fact, be inconsistent with the
light requirements of the same Housing Code. Cook also stated
that it is a high cost to the City to administer a set of
variable standards.
Steinbach made a recommendation to the Appeals Board members
that it was important to first decide whether the code allows
for any alternatives other than storm doors and windows and
then it would be their duty to determine if a violation was in
existence.
An interruption of the hearing was made by Alex Gillett,
representative of Seville Apartments. He stated that he had
received written notice of the Appeals Board meeting and that
he had been asked to appear at 8:45 A.M. He was upset that he
had been waiting for an hour and one-half and his case had not
even begun to be heard.
Klaus apologized to Mr. Gillett and stated that it is the
intention of the Board to treat each case in a fair manner and
that it would be unfair to cut any hearing short. She stated
to Mr. Gillett that she felt he would appreciate the same
Policy while hearing his case also.
i
long Smithey stated that it was quite difficult to predetermine how
arisen i case would take and that
asked to wait the p st such that the Appeals hBoard �members had been
fappearance
was
reason that Mr.Gilletthad been s heduled at the timeshe was he
Gillett stated that he had other things he had to do and asked
that his case be heard at another time and that he be notified
of the exact time of such hearing.
The Board was agreeable to the wishes of Mr. Gillett.
Steinbach stated that he would contact Mr. Gillett to inform
him of when his case would be heard.
Smithey stated his concerns of
housing for the City of Iowa Citroviy. He adequate rental
read
appropriate code section and stated that it ape through the
ar
intent was one of protection against the cold, i.e. as if the
comf
rather than energy conservation. Smithey also stated thatort the'
code did not state that it was intended to limit heat loss. He
stated that the code seems to open up a miriad of alternatives
and it needs further clarification.
Tinklenberg stated that one cannot distinguish heat or energy
loss from the comfort of an occupant.
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Smithey asked when the storm door and window requirement had
been written into the Housing Code.
Cook left the meeting in order to respond to Smithey's
question. She returned and stated that the requirement went
into effect in May of 1978. The requirement had not been a
part of any earlier Housing Code.
Meeting took a ten minute break.
Steinbach stated that there had been some question as to the
cost effectiveness of storm doors and windows and that
Tinklenberg's memo had pointed out that such installations, in
fact, are cost effective.
Cook asked Johnson if there were storm doors and windows at
Town and Campus Apartments.
Johnson replied that there were no storm doors or windows;
however, he felt that the use of drapes and weatherstripping
around the doors met the requirements of the code.
Smithey moved, and Owens seconded, that the case be continued
for 60 days and that it be referred to the Housing Commission
for clarification and that it would be the responsibility of
the Housing Commission to gather any additional information
and/or contact the City Council regarding this problem. The
motion was approved unanimously.
I'
It was then moved and seconded that a continuance on the
j Seville case be granted as per the wishes of Mr. Gillett. That
motion was approved unanimously.
Smithey left the meeting.
Steinbach explained problems in providing the Council with
Appeals Board minutes. He noted that corrections to the
minutes should now take place on a more timely basis, however,
the approval of the minutes would still take approximately 30
days due to the meeting schedule of the Board. Such minutes
could not be presented to City Council members until approval
by the Appeals Board. Steinbach also submitted to the Appeals
Board members who were present, copies of an amended set of
bylaws written as per the concerns of the Appeals Board
members. It was decided that a discussion of the bylaws would
be entered into the agenda of the next meeting and that each
Board member would be supplied with a copy of the proposed
bylaws.
Meeting adjourned at 11:30 A.M.
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Prepared by:
Approved by:
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Prepared by:
Approved by:
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MINUTES
IOWA CITY PLANNING F, ZONING COMMISSION
INFORMAL MEETING
SEPTEMBER 4, 1979 -- 7:30 P.M.
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Jakobsen, Kammermeyer, Ogescn, Lehman
MEMBERS ABSENT: Blum, Vetter
STAFF PRESENT: Boothroy
Public discussion of a proposed amendment to the Subdivision Regulations by
amending Section 32-54(c)(2)d to allow the paving width for culs-de-sac to be
reduced from 28 feet to 25 feet.
Staff explained the purpose of the amendment; no action taken.
S-7815. Public discussion of a final plat of Regency Gardens, Part I, located west
of Mark IV Apartments and south of the Westwinds Development; limitation periods:
waived.
The deficiencies and discrepancies listed in the Staff Report were discussed. The
applicant's engineer indicated that they wish to provide for stormwater management
off-site. Staff pointed out that whether the storage for stormwater was on-site
or off-site, it would be required to be shown on the final plat. Further discussion;
no action taken.
i S-7919. Public discussion of a preliminary plat of MacBride Addition, Parts 3 and 4,
located west of Keswick Drive and north of West Benton Street; 45 -day limitation
period: 9/24/79, 60 -day limitation period: 10/10/79.
Commission requested the applicant to redesign the subdivision to provide street
continuity to the undeveloped land to the west. Further discussion; no action taken.
S-7920. Public discussion of a preliminary and final plat of Dave's First Subdivision,
located two and one-half miles north of the City Limits on West Overlook Road;
Response time: 10/9/79.
Commission requested the applicant to change the plat to provide street frontage
for Lot 1. Further discussion; no action taken.
S-7921. Public discussion of an amended final PAD and LSRD plan and plat of Ty'n
Cao, Parts I and II, located east of Mormon Trek Boulevard and north of the City
Limits; 45 -day limitation period: 10/9/79, 60 -day limitation period: 10/24/79.
Discussion; no action taken.
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Planning and Zoning Commission
September 4, 1979
Page 2
S-7922. Public discussion of a preliminary plat of R.H. Subdivision, Part II,
located north of Highway 1 and east of Mormon Trek Boulevard; 45 -day limitation
period: 10/22/79, 60 -day limitation period: 10/27/79.
S-7923. Public discussion of a final plat of R.H. Subdivision, Part II, located
north of Highway 1 and east of Mormon Trek Boulevard; 45 -day limitation period:
10/22/79, 60 -day limitation period: 10/27/79.
Discussion; no action taken.
Prep
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IOWA CITY PLANNING & ZONING COMMISSION
SPECIAL MEETING
SEPTEMBER 13, 1979 -- 7:30 P.M.
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Blum, Lehman, Ogesen, Kamnermeyer, Vetter, Jakobsen, Lundquist
STAFF PRESENT: Schmeiser, Kraft
The Commission held a special meeting to review the new zoning ordinance and, in
particular, provisions for an airport overlay zone. Members of the Airport Commission
were in attendance.
Mr. Robert Nemmers, Aviation Specialist for the Aeronautics Division of the Iowa
Department of Transportation, presented a proposed "tall structure" ordinance for
the Commission's consideration or to revise as the Commission felt appropriate.
Mr. Nemmers explained that Chapter 329 of the Code of Iowa enabled cities to adopt
zoning provisions for the control of the height of structures in and around airports.
He further explained the various elevation "surfaces", including the primary surface,
the transitional surface, the horizontal surface, the conial surface, and the
approach surface; how they were derived; and that each represented a height plane
limiting the height of structures in front of and to the sides of approaches to the
airport runways.
The Airport and Planning and Zoning Commissions resolved to work together in developing
an "airport overlay zone" and to defer consideration of a zoning map plotting the
overlay zones until after the airport master plan was developed and adopted. The
Commission decided, however, that if the zoning ordinance were adopted first, the
map presented by Mr. Nemmers should be adopted and subsequently amended if it were
not consistent with the Airport Commission's and City Council's policies.
With no further business, the meeting adjourned.
i�
Prepared by
D a Sc eiser, Senior Planner
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MINUTES
IOWA CITY PLANNING & ZONING COMMISSION
INFORMAL MEETING
SEPTEMBER 17, 1979 -- 7:30 P.M.
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Vetter, Jakobsen, Lundquist, Kammermeyer, Ogesen, Lehman
MEMBERS ABSENT: Blum
STAFF PRESENT: Boothroy, Schmeiser
S-7815. Public discussion of a final plat of Regency Gardens, Part I, located west
of Mark IV Apartments and south of the Westwinds Development; limitation periods:
waived.
Applicant's engineer requested that this item be deferred at Thursday's formal
meeting.
S-7921. Public discussion of an amended final PAD and LSRD plan and plat of Ty'n
Cae, Parts I and II, located east of Mormon Trek Boulevard and north of the City
Limits; 45 -day limitation period: 10/9/79, 60 -day limitation period: 10/24/79.
Staff indicated that the plat had been revised and the item should be ready for
the Commission's consideration at their formal meeting Thursday.
Discussion of the Amended Final Large Scale Non -Residential plan of Southway Park.
Staff pointed out a problem of providing sewer service to the proposed development.
Both Legal and Engineering were looking into the problem and a recommendation from
staff would be available to the Commission by Thursday so that action could be taken
on the application.
Review of the proposed new zoning ordinance.
Revisions made on sections reviewed are on file with Don Schmeiser of the Department
of the Planning and Program Development.
There being no further business, the meeting was adjourned.
Prepared by��h -�-5-�i.n_ 1. t
Douglas Boothroy, Planner Program Ahglyst
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