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HomeMy WebLinkAbout1974-11-05 Bd Comm minutes• 0 Members Present: Buchan, Canter, Farber, Kirkman, Newsome, Richerson, Trumpp Members Absent: Bywater, Downer Staff Present: Eggers, Moses, Prosser, Spaziani, Westgate Others Present: Marlene Perrin, news media Business: Meeting was called to order at 4:07 by President Buchan. Motion adopted to approve minutes of August 22, 1974 meeting with corrections. Canter/Trumpp Financial Report: The Board approved the disbursements and received the financial report. Newsome/Farber Director's Report: Ms. Eggers called on Carol Spaziani, Community Services Librarian, who gave a report on several ongoing projects. The ICPL Book Sale will be Saturday, October 19, 1974. A complete three page report is on file in the Director's Office. She reported that a new brochure on memorial books and gifts is being prepared and should be ready for handout soon. Because of costs, attendance and other considerations, the Adult Film Pgm. will be cancelled except for special films. Community Services projects forthcoming to be jointly sponsored by the ICPL include: space for readings by Iowa City Writers Group all winter. Space and publicity for an Iowa City Model Railroad Multi -Media Show, October 26, 1974. President Buchan having no objections from the Board then adjusted the order of the agenda to have counsel from City Attorney Hayek. He suggested that we ratify the EEOC Agreement that had been previously worked out by the City, with the exception of Article Two regarding hiring goals. Motion to agree to the amendment as amended passed unanimously. Trumpp/Newsome Mrs. Eggers resumed her report, mentioning a letter from I•Iildred Snider, Social Services Director Mark IV Apartments who indicated she was pleased with ICPL assistance and materials. Mrs. Eggers also mentioned two possible projects for the Bi -Centennial Year: 0 • "I 2. Buy photographs from Mr. Kent's extensive Iowa City collection trs. Eggers raised the issue of the relation of the Iowa City Public Library Board and its director with the city staff. In particular, the current negotiations have been conducted with- out library staff participation. Following discussion, a motion was made directing the director to review the Negotiation Team's Proposal, report to the Library Board and keep both parties informed on the views and progress of the negotiations. Passed unanimously. Canter/Richerson President's Report: Ms. Buchan presented a pin to Hazel Westgate, honoring her for 25 years service to the Library, Ms. Eggers, Ms. Spaziani and Olive McKenzie were honored for more than 5 years of service. Committee Reports: The Budget Committee reported on a meeting at which the County Supervisors agreed to grant $6,663 to assist the Library in upgrading its services and raise the contract fees to $2.00 per capita. Our proposed budget to the City Council would ask for the same funding proportionately, indicating that we would not initiate any new programs, but that since we have generated more money (through the negotiations with the Supervisors) we would attempt to resume our previous hours, Sunday afternoons and thursday evenings, starting in January 1975. Motion adopted to accept progress report on the budget as given by Ms. Eggers and approved unless there were radical changes required by City Council. Newsome/Trumpp Communications: Received a proposal by East Central New Business: District on reciprocal borrowing for all users in the area. Motion by Newsome and seconded by Richerson to write a formal proposal to suggest reciprocal borrowing for Coralville patrons. Passed. If all concur, it was moved to recommend reciprocal borrowing within the East Central District. Motion adopted. Trumpp/Canter Moved by Newsome seconded by Richerson to invite Dale Benz to speak to Board on "Friends of the Library" if he could accept at our next regular meeting. Motion adopted. Ms. Richerson was appointed ad hoc chairperson of "Friends" Committee. Also, as an agenda item for next meeting, the board agreed to duscuss the appointment of a recording secretary. Hearing no response to call for public discussion, President Buchan adjourned the meeting at 6:25 PM. Farber/Richerson Respectfully submi _ed David Kirkman M I 'l'ES IOWA CITY BOARD OF AD.Il1S'i'MEN'I' OCTOBER 309 1974 COUNCIL CHAMBERS MEMBERS PRESENT: Vern Goedken Richard Malcolm Betty Park MEMBERS ABSENT: Ken Dueker John McBride STAFF PRESENT: Charles Gillett Omer Letts Doris Schornhorst Richard Wollmershauser LIST OF MATTERS PENDING BOARD DISPOSITION: 1. Front yard variance at 435 Clark Street 2. Rear yard variance on Highway 1 West for Kenneth Ranshaw • SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: 1. The petition for a use variance for Alvin Streb for his property located on Riverside was denied. Vice -Chairman Richard Malcolm called the meeting to order. Mr. Goedken motioned the minutes of the May 22, 1974 meeting be approved. Ms. Park seconded the motion. The minutes were approved. USE VARIANCE ON RIVERSIDE DRIVE--ALVIN STREB PROPERTY Tom Cilek, counsel for Mr. Streb, was present to speak in favor of the appeal. Mr. Cilek briefly described to the Board the appeals that have been made concerning this property and the re- sults of those appeals. Mr. Cilek pointed out the exact loca- tion of the property for the Board members. After two appeals had been turned down by the Council, Mr. Cilek was doing some research and discovered the case of Matters vs. City of Ames which states the appeal must be made to the Board of Adjustment. While Mr. Cilek and his client are aware that the Board of Adjustment does not have the power to grant a zoning • change, he feels the Board could grant a use variance so uses for a Ml zone could be used on this property without the property being rezoned. ` Ll • No one was present to speak against the appeal. Mr. Goedken made a motion to approve the variance for the R1A to M1 classification as requested by the attorney for Alvin Streb. Ms. Park seconded the motion. Votes were cast as follows: Goedken, deny; Malcolm, deny; Park, deny; Dueker and McBride, absent. The appeal for the use variance was denied. Mr. Wollmershauser advised the Board of the latest action taken by the Planning and Zoning Commission on this property. He stated that the Commission had recommended that the property be rezoned to M1. Mr. Gillett informed the Board of his intentions of leaving Iowa City and introduced Mr. Letts as the person who would be in charge until another Building Official was hired. The Board members decided to hold their next meeting on November 20, 1974, at 3:30 p.m. in the Council Chambers. Re t [ lly submitted,/,� Charles L. i�t Secretary /drs J • MEMBERS PRESENT: Phillip Jones Mori Costantino Elizabeth Diecke Jackie Finn Sally Smith Paul Neuhauser E. J. Means Richard Braverman MEMBERS ABSENT: Celia Roberts CITY STAFF PRESENT: Robert Bowlin Mark Doolin Kay Maune SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: It was moved by Diecke and seconded by Means that the minutes of September 16, 1974, be approved as submitted. Motion passed by unanimous vote. Neuhauser requested the status of the Commission's investigation of the Marine • Corps advertising policy. He felt that the radio station could be construed as an employment agency and the Commission could at least monitor the ads they allow to be broadcast over the air. The legal staff will be investigating the situa- tion. Neuhauser also presented an ad he had clipped from the Press -Citizen which read "Men who get ahead are the kind of men who seem to gravitate to our company." Neuhauser suggested that the Commission once again talk with the people at the Press -Citizen about their advertising policies. Chairperson Jones indicated that the legal staff would be reviewing the recent Iowa Supreme Court decision regarding the Cedar Rapids Civil Rights Commission case in which the powers of local commissions were contested. Jones indicated that he may call a special meeting of the Commission to discuss this case before the November regular meeting. Diecke reported on the conference she attended in Kansas City which was the 10th Anni- versary Symposium of EEOC entitled "Employment Discrimination: A Change in Concept." EEOC Chairperson John Powell has worked with considerable finesse toward new agreements for cooperation and coordination between EEOC and OFCC. The agencies are moving toward adoption of one set of guidelines and regulations. Also, EEOC litigation centers are being staffed and are operating successfully. Also, EEOC reports that employers and unions are in a better frame of mind to settle outstanding complaints. The new atmos- phere is due to lesser opportunity to play one agency against another, increased liti- gation, fear of back pay awards, and the fact that renewals and/or award of new federal contracts are being held up pending compliance review clearance. Diecke also reported that new regulations are in the preparation stage for state and local governments because the problems they present are different from those in private business. Some ® of the differences mentioned are fewer management prerogatives, management elected, public employee rights circumscribed by, state law, merit systems, patronage systems, increased revenue for implementation of remedies is often difficult i.e. millage I.C. HUMAN RELATIONS COMMISSION MINUTES PAGE 2 QOCTOBER 21, 1974 maximums/categorical budget areas, etc. Along with and "business necessity"/which employers must prove added "compelling governmental interest." Lastly, will be the basis for future cases. EEOC suggests that should conciliation fail, the case is ready to tics should be used to establish a prima facie case to the respondent in court. 40 the terminology "job relatedness" in discrimination cases can be Diecke reported that statistics that investigations be so thorough go to court immediately. Statis- so that the burden of proof shifts Costantino reported on the public hearing she attended in front of the Iowa Civil Rights Commission on October 9, 1974. She was the only representative from a local Civil Rights Commission to attend this public hearing. Attached is a copy of the presentation she made for the Commission at the hearing. Chairperson Jones appointed Finn to replace Roberts on the Steering Committee which Plans the meeting agendas for the Commission. The Chairperson requested that each of the Commission's three committees prepare a brief presentation to provide an overview of their area of responsibility for the Human Relations Coordinator. The reports were to include the objectives of the com- mittees for the next two months as well as the past accomplishments of the committees during the year. The Complaint Procedures Committee reported on eight areas which they have been working on and would like to see completed possibly within the next two months. Those areas are complaint procedures, training for commissioners, proce- dures for handling City complaints, clarification of jurisdiction, ordinance revision, descriptive brochures, the annual report and a meeting with the City Council. The Education Committee reported that they had worked with the Community Relations Director to produce a commission brochure and to record public service spots for the Commission. The public service spots have not been completed yet but hopefully will be by the end of the year. The Affirmative Action Committee reported that they wished to study the City's Settlement Agreement with EEOC and the City's Affirmative Action Reporting System. As well, they felt they should help monitor the Affirmative Action Agreements provided in Conciliation Agreements. Another goal of the Commission was to provide education on affirmative action thereby hopefully to avoid the necessity of filing complaints. The Chairperson requested that Doolin attempt to meet with all of the committees of the Commission within the next month. It was moved by Braverman and seconded by Neuhauser that the Chairperson write a letter of thanks and commendation to Kay Maune for her work with the Human Relations Commission during the last year and a half. Motion passed by unanimous vote. It was moved by Neuhauser and seconded by Braverman that the Commission adjourn into executive session to discuss complaints of discrimination and cases under conciliation. Upon a roll i call vote all members present voted yes. The Commission adjourned into executive sess on at 8:45 P.M. is TO: FROM. - DATE s ROM: DATES CIVIC CENTER. 410 E. WASMINOTON ST. IOWA CITY. IOWA 62240 1 G &�ff) W1 KK ry/ 319•361.1600 Iowa Civil Rights Commission Iowa City Human Relations Commission October 9, 1974 The primary purpose for the State Civil Rights Commission to defer com- plaints to a local agency is to relieve the State's two-year plus backlog of cases. To this and, the Commission in considering a formalized deferral arrangement should adopt realistic criteria for designating deferral status. The strongest criteria for deferring complaints to local agencies should be the results they achieve. Some local agencies get remedies com- parable to state and federal remedies and does so speedily with minimal staff, without a hearing provision, and with a somewhat outdated ordinance. They will probably do even better with added provisions and powers, but lack of these new provisions and powers now should not constitute denial of deferral status. To what purpose does it serve the State Commission to designate a local agency as a deferral agency with a "strong" ordinance, sufficient staff and a hearing provision, if such an agency is unwilling or unable to use these tools to remedy cases? The Iowa City Human Relations Commission recommends the following: 1) Designate all local agencies as deferral agencies on a one-year provisional basis. During that year the Commission will consult with each agency on recommended changes for renewal purposes. (With the two-year plus backlog of the Commission, deferring complaints to local agencies for one year cannot jeopardize complainant's right to a speedy adjudication of his/her complaint. 2) The remedies achieved by a local agency be given great weight for deferral status. 3) Hold intensive training sessions for handling complaints based on age, disability, credit and sex in housing before requiring local agencies to include these provisions in their ordinances. • 4) Clarify local commissions' power to issue subpoenas, cease and desist orders, and to hold public hearings before requiring local agencies to include these provisions in their ordinances. 5) Make all arrangements between the Commission and local agencies on a reciprocal basis. (Local agencies are frustrated and angry about state and federal jurisdictions' requests for information and data from local agencies and their refusal to reciprocate.) Laws, when written, should have enforcement powers behind it. Persons who are appointed commissioners must be knowledgeable and vigorous in implementing the law. Commissions and agencies must be staffed with competent and committed administrators. We all want civil rights commissions and agencies on all levels to work effectively. Let's work together. Let's get to it. 1. To reaffirm the P&Z Commission's earlier recommendation to approve the R3A zoning of the tract of land belonging to Amerex Corporation (vic. north and south of Haywood Drive and west of Laura Drive). 2. To recommend the adoption of a proposed ordinance to amend Section 8.10.19 of the Zoning Code as follows: 1) To allow high-rise development in the High Density District within the CBS Zone. 2) To exclude the high-rise High Density District from the R3A Zone. 3) To provide for one and one-half (1h) parking spaces for each dwelling unit for high-rise development in the Medium Density District, and 4) To increase the yard requirements for high-rise develop- ment in the Medium Density District: for every foot in building height above 45 feet, the yards to be increased by 2.2 feet. 3. Not to reconsider the P&Z recommendation regarding Z-7418 and A-7401, Gordon Russell annexation and rezoning. 4. To recommend the rezoning of a tract of land known as Streb-National By-Prdoucts area to M1 with the provision that a corridor one hundred (100) feet wide adjacent to the Iowa River remain zoned R1A. ;5. To approve 5-7415, Valley View of River Heights, First Addition, Johnson County, Iowa, subject to either a provision for meeting subdivision standards at this time or to waive the right to object to assessments for construction of improvements to meet such standards at -such time as the property might be annexed to the City. ® REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: None • LIST OF MATTERS PENDING COMMISSION -COUNCIL DISPOSITION: 1. 73-785. Zoning Ordinance changes for High -Rise Apartment Houses - Creation of a U Zone. Pending before Commission. 2. 73-1444. Summit Street Rezoning. Staff Report for R3A Area Study pending before Commission. 3. 73-1526. Provision of Neighborhood Parks in New Subdivisions -- Final report dependent upon outcome of a steps and procedures report. 4. 72-04. Board of Adjustment Appeal Amendments. 5. C-7403. Dr. George McCormick's letter regarding lot restrictions for multi -family zoning. Council referral: 10/4/74. 6. C-7404. Madison Street closure. Council referral: 10/17/74. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: Chairman Madsen called the meeting to order and asked if there were any corrections or additions to the minutes of the October 16, 1974 meeting. Ms. Larew suggested that the words "at the expense of" be substituted in place of the words "in lieu of" in item 6, page 2, and in item 6, page 5. A motion made by Mr. Henry and seconded by Dr. Ogesen to approve the minutes as amended carried unanimously. Z-7414. Rezoning of tract of land belonging to Amerex Corporation (vic. north and south of Haywood Drive and west of Laura Drive). Rezoned R1A to R3A to satisfy District Court order. Review of above rezoning with desirability of rezoning to R3. Council referral: 7/18/74. A motion was made by Mr. Galiher and seconded by Ms. Larew to reaffirm the Commission's earlier recommendation to approve the R3A zoning of the tract of land belonging to Amerex Corporation (vic. north and south of Haywood Drive and west of Laura Drive). The motion carried unanimously. Z-7417. Amendment to Zoning Code to apply high-rise provisions to CBS Zone. Council referral: 8/8/74. A motion was made by Dr. Ogesen and seconded by Ms. Larew to recommend the adoption of a proposed ordinance to amend Section • 8.10.19 of the Zoning Code as follows: 0 1) To allow high-rise development in the High Density District within the CBS Zone. 2) To exclude the high-rise High Density District from the R3A Zone. 3) To provide for one and one-half (1k) parking spaces for each dwelling unit for high-rise development in the Medium Density District, and 4) To increase the yard requirements for in the Medium Density District: for height above 45 feet, the yards to be The motion carried unanimously. high-rise development every foot in building increased by 2.2 feet. Z-7418. A-7401. Consideration of delay of Gordon Russell annexation and rezoning until suitable provisions made for buffering of parks and recreation areas from adjacent uses. Council referral: 10/17/74. Mr. William E. (Bud) Fischer, Jr., 2650 S. Riverside Drive, owner of property adjacent to the Russell property, spoke in favor of reconsideration to defer action of the rezoning request and is questioned whether adequate screening could be provided if the property was rezoned M1. Chairman Madsen explained that the Parks and Recreation Commission conveyed an interest in having the Planning and Zoning Commission consider modifying the Zoning Code to include provisions for buffering and screening parks and recreation uses from possible neighboring nuisances. He noted that the request came on the basis that the City is considering the acquisition of property for park land in this area. A motion was made by Mr. Henry and seconded by Dr. Ogesen to reconsider Z-7418 and A-7401, Gordon Russell annexation and rezoning. Dr. Ogesen stated that he was not sure that the Parks and Recreation Commission was aware that the present Zoning Code requires screening of a car -crusher operation. He also pointed out that some changes are being considered in the M1 and M2 zones, with the possibility of eliminating residential uses in the M zones. He indicated that further screening requirements to protect park land could be imposed later by amendments to the Zoning Code. Don Schmeiser, Associate City Planner, stated that the property owner presently has the prerogative of • developing the property for Highway Commercial uses in the County. Since the staff felt the subject property was more conducive to industrial and related uses, it was their recommen- dation the property be rezoned M1 with the supposition of a subsequent change in the M1 requirements. • Dick Wollmershauser, Senior Planner, pointed out that the subject property is in the County and, without annexation, the City would have no control over the zoning of that property. The motion failed to carry by stated that Ms. Cain, unable illness, would have voted in Gordon Russell annexation and have been consistent with her a 0-6 vote. Chairman Madsen to attend the meeting because of favor of reconsideration of the rezoning request. This would earlier voting record, he said. Z-7419. Streb-National By -Products rezoning, RlA to Ml. Referred to Planning and Zoning and to Riverfront Commission for consideration of M1 zoning with a corridor along the river remaining RlA. Council referral: 10/11/74. It was moved by Dr. Ogesen and seconded by Mr. Horner to recommend to the City Council the rezoning of a tract of land known as Streb-National By -Products area to M1 with the provision that a corridor one hundred (100) feet wide adjacent to the Iowa River remain zoned RlA. The motion carried unanimously. The Commission was agreeable to the Riverfront Commission's request for the provision of an additional 30 foot planting strip which, however, they decided should not be included as part of the motion as a contingency. Z-7421. Rezoning of tract of land, about 3/4 acre, RlA to Ml (vic. South Riverside Drive near intersection with Highway 218 -- west of old landfill). Requested by Charles Walden. Date filed: 10/7/74. 45 -day limitation: 11/21/74. Ms. Walden spoke in favor of the rezoning request and pointed out that the land was originally zoned M2 but was rezoned RlA when the land was annexed to the City. Mr. Bud Fischer, owner of property adjacent to the Walden property, spoke against the rezoning and stated that because of the homes in the area, he would like to see the area remain RlA. A motion was made by Dr. Ogesen and seconded by Mr. Henry to defer action of Z-7421, rezoning of a tract of land, about 3/4 acre, RlA to Ml (vic. South Riverside Drive near inter- section with Highway 218 -- west of old landfill). The motion carried unanimously. Z-7422. Consideration of rezoning 13 lots in the Summit Street area, R3A to R2. The lots are in the Kauffman and Summit Hill Additions located along and adjacent to the intersection of South Summit Street and East Court Street south of Burlington Street. • Z-7423. Consideration of rezoning, R3A to R3. an area generally bounded by Dodge, Burlington and Summit Streets and the CRI&P RR on the south. Speaking against the proposed zoning change in the area generally bounded by Dodge, Burlington and Summit Streets and the CRI&P RR on the south was Mr. Sam Abrams, 414 3rd Avenue. Mr. Steve Richardson and Mr. E. J. Means, Iowa City real estate agents, said that although they favor rezoning the Summit Street neighbor- hood, the remainder of the area between Summit and Dodge should continue under the R3A classification. Mr. Means stated that the area west of Summit Street has been developed as an R3A area and a zoning change would create a tremendous number of non -conforming uses. Mr. Richardson and Mr. Means said they had sold property in the area to clients who were relying on the R3A zoning. Though favoring rezoning in the Summit Street area, E. W. and Norma Wells, 648 South Governor Street, asserted most Governor Street residents were opposed to the zoning change. They said apartment construction has improved the neighborhood by replacing deteriorating houses with new buildings. They also said that it would be inadvisable to restrict apartment construction when many University of Iowa students are having difficulty finding reasonably priced housing. Ms. Wells questioned why people bought property in an R3A zoned area if they didn't want that zoning. Mr. Charles Grunewald, 436 South Governor, spoke against the proposed rezoning and questioned why the R3A area to the north was not being considered for rezoning to R3. Mr. Dan Willis, 221 S. Gilbert, said he favored the proposed Summit Street rezoning change but was opposed to an R3 zone classification for the other area. Mr. W. O. Aydelotte, 330 S. Summit Street, stated that the neighborhood's 19th -century atmosphere could never be recreated if it were lost. Speaking for two others, Mr. Emil Trott, 331 S. Summit, said the proposedrezoning change would seem to be a fair compromise as it would not restrict apartments altogether. Mr. Gustave VonGroschivitz, 534 S. Lucas, spoke in favor of the proposed zoning change. Ms. Cynthia Gardiner, 601 S. Governor, stated that she was speaking for her husband, Ralph Giesey; Mr. and Mrs. E. Paul Durrenberger, 616 S. Governor; Mr. and Mrs. Thomas Loney, 823 Bowery; and Mr. and Mrs. William Albrecht, 921 Bowery, in support of the rezoning. She stated that property values in the area are greatly affected by saturation with apartment buildings. Mr. Phil Shively, 416 S. Governor, stated that a great deal of ® speculative possibilities would remain for property in the area even it it was zoned to R3. He said that zoning has always been used for protection but too often it is the speculative interests that have been protected instead of private interests. Mr. Robert Dykstra, 314 South Summit, spoke in favor of rezoning the entire area between Summit and 'Dodge and noted that the quality of attractive homes and the pride in property ownership of such homes in the Summit Street area is spreading. Ms. Kathy Sgontz, 405 South Governor, also spoke in favor of the rezoning. Chairman Madsen stated that consideration of the proposed rezoning changes would be on the agenda for the next regular P&Z meeting, November 14, 1974. S-7415. Valley View of River Heights, First Addition, Johnson County, Iowa. Located at north edge of River Heights area. Preliminary and final plat. County referral. Date filed: 9/3/74. Deferred by P&Z: 9/26/74. 45 -day limitation: 10/18/74. Limitation waived to: 10/24/74. Mr. Don Schmeiser pointed out that the subdivision plat was incomplete in the following respects: 1) The plat was not certified; 2) The plat did not include a layout of proposed water mains; and 3) The plat did not include 15 foot radii at the intersection of Valley View Circle with Stewart Road. Chairman Madsen suggested that the developer of the land should sign an agreement waiving the right of future property owners to protest assessments if the property is some day annexed. Mr. Bill Tucker, attorney, stated that he felt the attachment of a restriction in this particular instance would be uncon- stitutional. He stated that he felt the waiver was an uncon- stitutional violation of rights to equal protection under the law and safeguards against deprivation of property without due process of law. After further discussion, a motion was made by Dr. Ogesen and seconded by Mr. Henry to recommend approval of 5-7415, Valley View of River Heights, First Addition, Johnson County, Iowa, subject to either a provision for meeting subdivision standards at this time or to waive the right to object to assessments for construction of improvements to meet such standards at such time as the property might be annexed to the City. The motion carried 5-0 with Mr. Galiher abstaining. Mr. Galiher explained that he abstained because he owns property within a few hundred feet of the subject area. The meeting adjourned. 1] Louise B. Larew, Secretary