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HomeMy WebLinkAbout1997-01-28 Bd Comm minutesMINUTES BOARD OF ADJUSTMENT WEDNESDAY, DECEMBER 11, 1996- 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS PRELIMINARY · . Subject to Approval MEMBERS PRESENT: Susan Bender, Lowell Brandt, Patricia Eckhardt, Tim Lehman MEMBERS ABSENT: William Haigh STAFF PRESENT: Melody Rockwell, Sarah Holecek, Ron Boose, Brandy Dulceak OTHERS PRESENT: Jeff Schabilion, Dawn Barker, Gladys DeGood, Patty Miller, Pam Ehrhardt, Ruedi Kuenzli, Tom Cowan, Cecile Kuenzli, Stefani Karakas, Sandy Pickup, Joe Patrick, Anne Silander, Jann Ream, Greg Ludrigson, Rick Bemdt. CALL TO ORDER: Eckhardt called the meeting to order at 4:33 p.m. COUNCIL (LISA,SINGLE SIDED) CONSIDER THE NOVEMBER 13,1996 MINUTES: Brandt moved to approve the minutes from the November 13,1996 meeting. The motion was seconded by Lehman. The motion passed 4-0. SPECIAL EXCEPTION AND VARIANCE ITEMS: 1. VAR96-0004/EXC96-0016. Public hearing on a request submitted by Jeff Schabilion for 1) a variance to permit modifications to the separation distance and maintenance easement requirements for a zero lot line dwelling, and 2) a special exception to modify side yard require- ments for property located at 431 Rundell Street. Rockwell listed the supporting materials and evidence in connection with this request. She pointed out that this matter was deferred to allow time for additional preparation by the appli- cant and his attorney. Since the last Board meeting, there have been several meetings between the applicant, his attorney and City staff. During that time, a survey of the property has been completed, there is agreement as to which parts of the structure are considered fences, and agreement that the appropriate course of action is for the applicant to request a vadance to modify the separation distance and maintenance easement requirements (on the north) for a zero lot line dwelling and a special exception to modify the south side yard require- ments. Rockwell explained that the RS-8 zone allows zero lot line dwellings if setback requirements are met. To retain the two-story addition that creates a zero lot line dwelling on his property, the applicant requires a variance to reduce the separation distance requirement from ten feet to five feet for the easterly nine-foot length of the zero lot line wall located on the north line. In terms of whether granting the requested variance would serve the public interest, Rockwell discussed its impact on the neighborhood and on adjacent properties as well as whether the variance will meet the intent of the Zoning Chapter and the objectives of the Comprehensive Plan. She said the impact on the neighborhood at large is a minimal, positive effect of in- creased value of the property and taxes accruing to the City. The effect of the variance on the abutting property to the north is one of encumbrance, which is being offset by Mr. Schabilion entering into an agreement to compensate the neighboring property owner, Mrs. Gladys DeGood, for the diminution in market value of her property that is caused by the zero lot line Board of Adjustment - Minutes December 11. 1996 Page 2 addition on the Schabilion property. Rockwell noted although monetary compensation will help to ameliorate the effect of the encumbrance, the purpose of the Zoning Chapter requirement for a separation distance of ten feet between structures to preserve light, air and spatial expectations would not be satisfied. She said Mr. Schabilion has added value to his residence in an older area of town, which is consistent with the Comprehensive Plan statement that "rehabilitation and investment in existing neighborhoods should be encouraged to maintain existing housing stock and preserve desirable neighborhood characteristics." However, the stone additions do not maintain the neighborhood characteristic of appropriate spatial distance between residences on separate lots, and there is some question as to whether the mass and height of the masonry additions are appropriately in scale with the original structure. Rockwell said in granting a variance, the Board must be assured that three tests of hardship are met. If the vadance is not granted, the applicant will be required to remove the stone additions, or reconstruct the additions so the side yard requirements are met for a residence located in the RS-8 zone. Rockwell said the applicant has failed to show that a vadance must be granted to alleviate a cleady demonstrable hardship approaching confiscation. The literal enforcement of the Zoning Chapter will not prevent the applicant from continuing to use the residence; the reasonable return test has not been met. Rockwell said in terms of the unique- ness test, there is nothing inherent in the property itself, either in the topography of the land or the historic Moffitt Cottage architecture, that compels the stone additions to be located on the lot line. Rockwell said there is no question that Mr. Schabilion, the landowner and applicant, created his own hardship by proceeding with construction without a building permit. The problem is of the landowner's own making. Because the applicant has failed to meet the hardship tests for granting a variance, Rockwell said staff recommends denial of VAR96-0004, a vadance to modify the ten-foot minimum separation distance by reducing it from ten feet to five feet for the easterly nine-foot length of the north zero lot line wall for property located in the RS-8 zone at 431 Rundell Street. Rockwell said if the Board should decide to approve VAR96-0004, such approval should be subject to separation distance and maintenance easements, as approved by the City Attorney's Office, being executed and recorded for the zero lot line dwelling. Conceming the special exception request, Rockwell said the side yard dimensional require- ments for zero lot line dwellings in the RS-8 zone specify that one side yard will be at zero feet and the other(s) at ten feet. The south faux wall and a 16.5-foot portion of the south wall of the original part of the residence extend into the required ten-foot side yard along the south lot line for a total side yard encroachment of 4%. Rockwell noted that the requested side yard reduction is minimal, and does not pose a detriment to the neighborhood or the community at large. Because of the distance of the south faux wall from the existing residence on the property to the south, the perpendicular orientation of the wall to the side lot line, and the openings in the wall, the impact of the yard modification will be minimal if the applicant meets the structural requirements to secure the stability of the wall. The effect of the residence and its proximity to the south lot line is negligible, has been in place for an extended pedod of time and is set further back from the side lot line than the standard five foot setback for homes in the RS-8 zone. Staff recommends that EXC96-0016, a special exception to reduce the south side yard require- ment from ten feet to five feet for the width of the faux wall/fence, and to reduce the south side yard requirement a maximum of one foot from ten feet to nine feet for the 16.5-foot length of the projecting south wall of the residence for property located in the RS-8 zone at 431 Rundell Board of Adjustment - Minutes December 11 1996 Page 3 Street be approved, subject to the applicant's compliance with Building Code requirements to assure the structural stability of the faux wall/fence. Brandt asked if the exception issue is due to the zero lot line dwelling designation. Rockwell said yes, a ten-foot side yard is required on the south for both the residence and the faux wall, because of the zero lot line addition on the north. She said fence regulations also apply to the faux wall. Eckhardt asked if Mrs. DeGood could build up to the lot line. Rockwell said it was possible for an addition to be constructed on the DeGood residence that extended to the lot line. She said certain Fire Code and Building Code regulations would need to be satisfied where the walls of the Schabilion and DeGood residences met at the lot line. Bender asked about the side yard requirements. Rockwell said there was a correction to the site plan since the survey. The encroachment of the residence into the south side yard is less than one foot. Public hearing: Dawn Barker, legal representative of the aDl~licant, said that the applicant intends to meet all but two of the requirements - the separation distance on the north side of the zero lot line dwelling, and the side yard requirement on the south. She said Jeff Schabilion is willing to purchase a separation distance easement from Mrs. DeGood. She noted that all the Board members had visited the Schabilion residence, which is located between two histodc districts. She explained that the home is unique, because it is a Moffitt house. The homes along the west side of Rundell Street abut Ralston Creek so changes to the rear of these homes is difficult. Barker noted the strong neighborhood support to allow Mr. Schabilion to retain the stone additions to the rear of his residence. In response to questions from his attorney, the applicant, Jeff Schabilion, 431 Rundell Street, described his property as being between Rundell Street and Ralston Creek, and having a lot of trees, particularly along the creek. He said the surrounding neighborhoods are historic districts and are composed of mostly single-family homes. Schabilion said he bought the home in 1983 for $39,000 and it was in extremely poor condition at that time. Over the next ten years, the house was under continuous, extensive renovation, including electric, plumbing, roofing, foundation work, etc. In 1992, he began the landscaping renovations with the intent to copy the English Cotswald style of the Moffitt house. He had a permit to construct the eight- foot high stone walls, and had his property surveyed to ensure that the walls did not encroach on his neighbors' properties. Schabilion indicated that fire exits and storage were his main concerns in the additional construction to the stone walls. He added that this house is a unique Moffitt house, because it is countersunk into the slope of the land. He explained the north side addition was designed to use a salvaged, large bay window from a Moffitt house that was being remodeled. He said the additions were designed so that minimal changes were made to the existing house; to retain the light and air to the bedrooms and kitchen. The additions are made of concrete block, poured concrete, and stone with an effort to use local material. He said he personally selected and laid the stones in a masonry style like the original residence. Schabilion explained the stipulations of his agreement to compensate Mrs. DeGood. He said he intended to pay full market value. He said the only other remedies were to buy his neigh- bor's property, which was not possible, or to connect the two homes, which also was not wanted by Mrs. DeGood. He felt to physically connect the two homes was the last possible remedy; that it would fly in the face of the spirit of keeping the houses separate. He said he Board of Adjustment - Minutes December 11. 1996 Page 4 was embarrassed about creating any problems for Mrs. DeGood; that he was trying to make things fight with her so that she would experience no financial harm as a result of the renova- tions that had occurred on his property. He indicated that he made every effort not to harm his neighbor's property in his construction and that the exception and variance would not effect future buyers since they would have full knowledge of the situation. It should clearly show on the title. Schabilion explained that there should be no fire safety problem, because the addition is made of concrete block and stone. He said he plans to remove the roof overhang that extends onto Mrs. DeGood's property and replace it with a stone parapet. He said because of the stone and hard mortar construction, maintenance should not be a problem. Schabilion used photos to emphasize the closeness of some of the other residences in this neighborhood. $chabilion said most of the Moffitt houses are built close together. He commented that the additions are supportive of the original structure and pointed to the letters of support from the professional architectural historians who have examined the property. The applicant said that he has invested a lot of effort and money to improve this property. He said if the additions have to be removed, he won't have full use of the property, and the resale value will be lowered. Since this house can never have a habitable basement due to the constant flooding, or a garage due to the narrowness of the lot and no rear access, because of the creek, storage space is key. He said what is unique about the property is the way the Moffitt house is built down into the ground. He could see no public interest being served by his having to remove the additions. Schabilion indicated the south fence was built to visually balance the addition. Schabilion said a unique feature of the fence is that it uses a salvaged window that is framed in stone, not wood. This wall was completed to its present height last fall. He pointed out that he did not need to go on anyone else's property to maintain the fence. The applicant explained that he has hired an engineer to address the safety issues with the fence. The engineer has recom- mended a brace design to increase the stability of the south faux wall. He related a neighbor- ing realtor's assessment that the stone additions should in no way diminish the value of surrounding properties. The applicant referred to the petition of support from over 70 neighbor- ing property owners and from the Longfellow Neighborhood Association. Schabilion said he has spent five summers working on this project (three months a year, seven days a week, dawn to dusk) and over $50,000. The bids for demolition are approximately $10,000. He indicated he has tried to cooperate with the City to correct the problems with the construction. He did not feel this would set a precedent since this was a unique situation that could not be readily applied to any other property. He felt it would be impossible to have a similar set of circumstances. The applicant said he never intended to cause anyone a problem with his project, but in his zealousness, he crossed the line from rehabilitation to building. He said he was willing to pay for any financial hardship he had created for his neighbor, Mrs. DeGood. He said it would be great personal loss for him if he was not able to keep the stone additions. He noted that he and his family had celebrated many family events in the north addition. Brandt pointed out that a variance requires the applicant to meet more rigorous standards and the issue of whether this application was Mr. Schabilion's own making has not really been ad- dressed. To grant a variance, the Board has to feel that every standard is met. $chabilion said Tom Cowan, an architect, could better address that question. Brandt noted that Schabilion had Board of Adjustment - Minutes December 11. 1996 Page 5 gotten a permit and had the property surveyed when he began the landscaping construction; thus he seemed to be tuned in to the need for a permit early on. He asked if Schabilion knew what he needed to do to comply when he went beyond the original permit. Schabilion said he had a brochure on the fences, but the rest of the construction happened as a result of the project taking on "a life of its own." Barker said the uniqueness of the house and the lot are not of the applicant's own making. Brandt said there was no question about the addition blending in historically, or adding value to the existing residence, but he did not understand why the applicant proceeded with such extensive construction without a permit. He asked why the addition was needed for a fire egress. Schabilion pointed to the diagram and explained about the fire exits. Barker pointed out that if the addition was even one inch off the lot line this structure would require a special exception, not a variance. She said the variance provides an opportunity for compensation to Mrs. DeGood. Eckhardt said the key issue is the lack of a building permit. Schabilion said he will get a building permit for future construction. Eckhardt repeated that it is very important for people to comply with the permit process. Barker said $chabilion is being punished by having to pay a lot of money to correct this mistake. Bender asked if someone had told him he wouldn't or couldn't get a permit for this project. Schabilion said the only time he heard about the permit requirement was when he was issued the stop work order by Ron Boose, Senior Building Inspector, on July 1, 1996. Gladys DeGood, 425 Rundell Street, said she is the applicant's neighbor and has lived in her home for 36 years. She said she has no objections to the additions or Schabilion's easement requests. She added that he has really fixed up the property since he bought it. She explained how Mr. Schabilion is paying for an attorney to advise her and for an independent appraisal to work out the technicalities of the easement acquisition. She felt she was being treated fairly. She did not want the additions to be removed. Pat Miller, 435 Rundell Street, said she is the applicant's south neighbor. She said she has no objections to the requests before the Board. Pam Ehrhardt, President of the Lonc~fellow Neighborhood Association, thanked the Board for its deferral of this item so the Longfellow Neighborhood Association could get a better idea of how the residents feel about the Schabilion additions. She said the neighborhood association has received no objections or negative comments from residents in the area about Schabilion's work on his home. She pointed to the petition of support for his project, and said it is clear there is strong support from the neighborhood. She recounted how active Schabilion is in the neighborhood association and how he truly cares. She said he loves the neighborhood and has always tried to add to the neighborhood. Ruedi Kuenzli, 705 S. Summit Street, indicated that the Longfellow area is being surveyed as a possible historic district. He felt that Schabilion's home would be a contributing structure in such a historic district. He felt the structures that Schabilion has created should be viewed as art. He pointed out that the additions are authentic and were not intended to avoid city rules, whereas City staff seems strangely caught up in technicalities and tums in phrases. He explained how he felt the spint of Mr. Moffitt had descended on Jeff $chabilion; that he had built in that spirit and was not purposely evasive of the permit requirements. Kuenzli made reference to the past involvement of the Historic Preservation Commission to similar requests before the Board and questioned why they were not involved in this case. He stressed that the impact on the neighborhood was much more positive than was reflected in the staff report. Board of Adjustment - Minutes December 11. 1996 Page 6 There is much more involved than a setback of five feet or two inches. The neighborhood already refers to the additions as "Rundell castle." He asked the Board not to be afraid to set a precedent, especially in a case where no one is against, and so many are in favor. Tom Cowan, architect, stated that he had worked on numerous renovations of older houses and buildings. He said his letter to the Board pointed out the unique characteristics and constraints of the house and property due to the histodc quality of the home, the flood plain and the narrowness of the lot. He described how the additions relate to the odginal house and said these constraints were hardships that were not of Jeff Schabilion's own making. He said the construction was a labor of love, and having it tom down would not serve any public purpose. Lehman asked if Cowan was involved with this construction. Cowan responded that he became involved after July I when a stop work order was issued and he was asked by Jeff Schabilion to aid in preparing a case for the Board of Appeals. Cecile Kuenzli, friend and nei.clhbor of the applicant, said Schabilion is very civic minded and didn't intend to create such a problem. She said Schabilion had worked unsparingly to create a better community, whereas City staff seemed to have an obsession with punishment. Kuenzli mentioned that the spirit of the law was being sacrificed in this situation, especially when compared to many other objectionable, inappropriate, and unattractive buildings that the City has permitted in Iowa City. She said she was angry and embarrassed at the City's Dickensian approach towards Jeff Schabilion. She concluded that the City owed Schabilion an apology as well as thanks, but he was unlikely to get either. Stefani Karakas, 519 Rundell Street, voiced support for Schabilion. She said Schabilion's house and yard are beautiful. Her son enjoys the little gardens, and calls the addition "the castle." She felt it would be a great loss if the vadance is not granted. She said it is a great addition to the neighborhood; it is the only house like it in Iowa City. Sandy Pickup, 818 Third Avenue, said she has witnessed the castle coming into being. She said it has never been a problem. She encouraged the Board to grant the variance. Joe Patrick, 1190 E. Court Street, and professor of art at the University of Iowa, said he lives near Jeff Schabilion's home. He said he had more concern about the "blanding" of Iowa City; a place where all code requirements are met. He pointed to the artistic quality, uniqueness and benefit to the community of the Schabilion home. He said there are precious few cases where an artist's work is laid out in such a passionate way. He asked that the City use its authority as a tool, not as a weapon. Anne Silander, 728 Grant Street, said it was clear from Jeff Schabilion's remarks that he understands what his responsibility is in this case. She said it is not in Schabilion's character to intentionally avoid following the law. She added that the work on the home was an improve- ment to the neighborhood. She said Jeff Schabilion is a good neighbor. She asked the Board to grant the variance. Jann Ream, 510 Grant Street, said she doesn't know Jeff Schabilion, but has enjoyed the construction vicariously. Since 1990 she has watched the improvements take shape across the creek from where she lives. She said it is a wonderful building, and she expressed her appreciation for the work put into improving this home. She emphasized that the law allows for a variance and if Mr. Schabilion is trying to make up for his mistakes, the Board should consider granting the variance. She said she couldn't impress on the Board enough how much Board of Adjustment - Minutes December 11. 1996 Page 7 the neighborhood wants the Board to grant the variance. She felt that nothing had been done on the Schabilion property out of malice. She echoed the sentiment of neighborhood support and Schabilion's not intending to circumvent the law. Gre.cl Ludriqson, 512 Rundell Street, said he enjoyed looking at the front of $chabilion's home. He asked the Board to grant the variance. He didn't believe that orders to demolish the stone additions will please anyone. Public hearing closed. MOTION: Brandt made a motion to approve EXC96-0016, a special exception to reduce the south side yard requirement from ten feet to five feet for the width of the faux wall/fence, and to reduce the south side yard requirement a maximum of one foot from ten feet to nine feet for the 16.5-foot length of the projecting south wall of the residence for property located in the RS-8 zone at 431 Rundell Street, subject to the applicant's compliance with Building Code requirements to assure the structural stability of the faux wall/fence. The motion was seconded by Lehman. Brandt said the special exception was reasonable as recommended and was not intrusive. Lehman asked about a permit for the fence. Rockwell said the applicant did receive a permit for an eight-foot high fence. Lehman said that if a permit was issued for an eight-foot high fence, there should have been a permit for any further construction. Brandt said the Board often has to deal with issues where construction has proceeded without a permit. Bender said the standards are different for a special exception than for a variance. She said she had no problem granting the special exception, since only a 4% encroachment was involved. She said this was not significant, would not be detrimental with regard to any of the standards for granting a special exception, and would not negatively impact anyone else's property. Eckhardt concurred that the encroachment would be minimal and would create no problems for neighbor- ing properties or the surrounding neighborhood. The motion was approved by a vote of 4-0. MOTION: Brandt moved and Bender seconded the motion to approve VAR96-0004, a variance to modify the ten-foot minimum separation distance by reducing it from ten feet to five feet for the easterly nine-foot length of the north zero lot line wall for property located in the RS-8 zone at 431 Rundell Street, subject to separation distance and maintenance easements, as approved by the City Attorney's office, being executed and recorded for the zero lot line dwelling. Eckhardt said there were many issues of concern with this item. She noted that the owner would have no personal gain, but there was a need for the easements. Brandt said there is no question that the construction has been a labor of love; it is a marvel- ous, interesting structure and historically unique. Brandt said no one questions the fact that Jeff Schabilion is well-liked by people in his neighborhood. He felt this was a horrible situation, especially for the applicant. Brandt noted that jabs had been taken at City staff during the public hearing. He said this process has been going on since July. There have been deferrals granted at the applicant's request to allow staff consultations with the applicant and his attor- ney. He said the applicant has made a costly mistake and Schabilion has worked with the City staff to resolve a lot of these issues. He felt all concerned had made an effort to search for Board of Adjustment - Minutes December 11. 1996 Page 8 possible solutions to deal with this case within the letter of the law. Brandt pointed out that a variance is different from a special exception; that this is only the fourth variance to be consid- ered by the Board in this calendar year. He said the Board can use its judgment more in dealing with special exceptions, whereas variances are more significant, and every standard must clearly be met. Brandt asked if the addition had been constructed one inch off the lot line, would this case be considered as a special exception, instead of a variance. Ron Boose, Senior Building Inspec- tor, said it was possible. He explained that the City Code says a zero lot line dwelling must be on the property line. If the dwelling were set one inch off the property line, it could be consid- ered as a special exception. Holecek said it would be a special exception for a side yard modification. Brandt asked about the option of connecting the two residences. Boose said it would be allowable under the zero lot line dwelling definition, but other Building Code rules, such as separate walls and share roof requirements, would still apply. Holecek said that if the two residences were connected, there would be no need for the ten-foot separation distance between the two homes. Brandt said this brings up the spirit of the law issue again. He said the Board members are not lawmakers; it needs to deal with the letter of the law. Holecek said that is at the core of this issue. Brandt said it is his understanding that the Board is bound to follow the rules set up in the tests for granting a variance. Rockwell said the Board must state its findings of fact on each test for the granting of a variance. Whether the Board decides to grant the vadance or deny it, the Board members should say very explicitly why the vadance tests are met or are not met. Holecek advised the Board that if it decides to allow the variance, the Board members should carefully articulate the specific facts of this case that make it unique - to avoid setting a general precedent. Eckhardt asked if the Iowa Avenue porch was also a case where construction had proceeded without a permit. Rockwell said yes, the case was brought to the Board after a stop work order had been issued. The Board had dealt with a similar case on Muscatine Avenue. Eckhardt questioned if each circumstance would be treated on its own merits. Rockwell said it would depend on the circumstance, the extent of the request being made and its impacts on neighbor- ing properties and the surrounding neighborhood at large. Bender redirected the discussion to the variance issue. She thanked the neighborhood for coming down and sharing their opinions. She said the Board has to consider neighborhood integrity, but could not make its decisions based on the personality of the applicant. She said no one is arguing that Mr. Schabilion is not a very nice individual, but the Board has to make its decision based on what is best for the public interest and the medts of the issue as it relates to the Zoning Chapter. She echoed the good impression Schabilion has made on the commu- nity and by his efforts to compensate his neighbor, Mrs. DeGood. She pointed out, however, that a variance must be evaluated by whether it meets the tests of hardship and the objectives of the Comprehensive Plan. She said it is difficult to understand why the standards for a special exception that apply to the south boundary can't be applied to the north boundary. If the easements are granted, it becomes more of a technicality as to whether it should be considered as a special exception or as a variance. Bender said she felt that the tests of unnecessary hardship can be addressed. She said the test "of his own making" is an issue, but she did not think that it should stop the Board from granting the variance. She said this is a unique property - the home and everything about the property is unique. She said it was evident that there was no malice aforethought on the part of the applicant. She added the Board of Adjustment - Minutes December 11 1996 Page 9 applicant has demonstrated his willingness to work with staff, he has brought in professionals, and is really trying to make the best of a difficult situation. Brandt said he is concemed with setting a precedent for granting a variance. He said his concern was in allowing a variance in a case that does not meet all the required tests for granting a variance. Eckhardt said it comes back to the issue of the spirit of the law and the letter of the law. She said not to allow the vadance just because one test is not met, does not accomplish the intent of the law. Holecek pointed out that the inability to add additions due to the unique nature of the lot creates a hardship in the use of the land and could be considered a hardship under the standard. Bender said she finds that the uniqueness of the property relates to the "landowner's own making" test. She said the narrowness of the lot and the flooding of the creek constrain how the property can be developed. Brandt said the unique constraints on the property all existed before the construction project was started. Lehman suggested considering the standards one by one to verify if all the Board members were in agreement as to whether the tests had been met by the applicant. Conceming the standard of "reasonable return", Eckhardt said this deals with the costs of building and the costs of demolition. She said it would be expensive to remove the building, and that would be an unfair economic burden to place on the applicant. Brandt asked if the Board would be considering this case in the same way if Mr. $chabilion was making this request for a variance pdor to building on the lot line. He asked if the Board should make an allowance because the variance was requested after the fact. Eckhardt asked if it was reasonable to ask the applicant to spend $10,000 to tear the addition down. Bender said if it is a resale value issue, then the home would be worth less without the additions. She said it's true that the property can still be used as a residence in the RS-8 zone if the additions are removed, but she asked how many people come looking for a house that has no garage, an unusable basement and no storage. Lehman pointed out additions do not necessarily increase the return on a property. Eckhardt stated her appreciation for the artistic value of the additions to the home and its uniqueness. She felt this type of art is of value to the community at large. She said the additions are beautiful and should not be tom down because of a technicality. Bender said the variance meets the public interest test. There is community support and no one sees this as detrimental. The other members agreed with this point. Brandt said he was still struggling with the test that the hardship is of the landowners making. He said he is concerned about the Board setting a precedent. Bender said the Board needs to look at the specifics of each case and decide each case on its own merits. She said this case is unique, and it is unlikely the Board will be seeing a case like this again. She said the procedural rules were not of more concem to her than whether the interests of justice would be served by the Board's decision. Eckhardt pointed out that this situation is also unique, because Mr. Schabilion is compensating his neighbor, which sets a good precedent. Bender said with the compensation and an attorney being appointed to look out for the interests of Mrs. DeGood, she felt the tests of hardship had been addressed. She added that judging this case under the stringent tests of a variance seemed ovedy burdensome since a one inch difference in the placement of the wall could have made this a special exception item. Lehman still felt the hardship tests were at issue. He pointed out that Schabilion knew he needed a permit since he got one for the original fence. He did not feel the construction without a permit had occurred due to an oversight on the part of the applicant. He said with all the contractors that were likely involved in this project, someone should have known that a Board of Adjustment - Minutes December 11. 1996 Page 10 permit was needed. He asked if the Histodc Preservation Commission preferred to have homes returned to their original condition. Brandt referred to the letter from Jan Nash, which addressed the additions, and indicated they are consistent with the historic character of the odginal house. Eckhardt said there was much consideration for the historical importance of this home in the way the additions were constructed. She said approval of the vadance would have the least negative impact on everyone involved. The motion trussed on a vote of 3-1, with Lehman votina no. Brandt commented that it had been a very difficult decision, but he had been convinced to vote in favor of the variance, because of the unique and unusual circumstances of the case, the strong neighborhood support, the ways in which the spirit of the law and the intent of the ordinance were met, and the fact that there would be no adverse impact on the neighborhood. 2. EXC96-0027. Public hearing on an amendment to a November 13, 1996, Board of Adjust- ment decision approving a special exception to permit a small-animal clinic in the CO-1 zone for property located at 2122 ACT Circle. Rockwell said the Board had made its decision approving the small-animal clinic subject to the condition that the Board of Adjustment subsequently grants approval of a special exception to permit parking on a separate lot for the uses located on the subject property. She said the Zoning Chapter provides that a use may be converted without full compliance with the off-street parking regulations; but, if a greater number of parking spaces is required for the new use, the increased number of parking spaces must be provided in compliance with the City's parking regulations. The conversion of the lower level offices to a veterinary clinic actually results in a reduction, not an increase in the parking requirement. Rockwell said the special exception for parking on a separate lot is not required in this case, and staff recommended that the condition placed on EXC96-0027 be removed through an amendment to the November 13, 1996, decision. Public hearing: There was no public discussion. Public hearing closed. MOTION: Brandt moved to amend the November 13, 1996, Board of Adjustment decision approving EXC96-0027, a special exception to permit a small-animal clinic in the CO-1 zone for property located at 2122 ACT Circle by removing the condition: "provided the Board of Adjustment subsequently grants approval of a special exception to permit parking on a separate lot for the uses located on the subject property." The motion was seconded by Lehman. The Board members indicated their general agreement with the staff recommendation. The motion was approved on a vote of 4-0. 3. EXC96-O028. Public hearing on an application submitted by Shive-Hattery, Inc. on behalf of property owner Oral B Laboratories, for a special exception to permit a reduction in required Board of Adjustment - Minutes December 11. 1996 Page 11 off-street parking for property located in the I-1 and CC-2 zones at 1832 Lower Muscatine Road. Rockwell said Oral B Laboratories is planning an expansion of its facility at 1832 Lower Muscatine Road. A new 56,250 square foot building is proposed to be located near the Mall Drive/Lower Muscatine Road intersection. The new building and loading dock drive will displace parking spaces, which Oral B plans to replace with a new parking area at the front entrance of the plant (the west side) and adding parking spaces through an extension of paving to the southeast parking area. Oral B has an existing parking area of 420 parking spaces, and with the new parking as configured on the site plan, there would also be 420 parking spaces. The new building has a parking requirement of 68 parking spaces. The applicant requests that the Board of Adjustment approve a special exception to reduce the required parking by 68 spaces for the uses in the existing and proposed buildings -from 488 spaces to 420 spaces. Rockwell said the Board may grant a special exception to allow not more than a fifty percent reduction in the required number of parking spaces. The applicant is requesting only a 14% reduction. Oral B has indicated they only need 420 spaces maximum. If the 236 first shift and office employees, 131 second shift employees and 38 future first and second shift employees all parked at the same time in the 420 parking space parking area, there would still be 15 parking spaces left to accommodate visitors to the site. These figures do not take into account any employees, who may walk, dde the bus or their bikes, or carpool to work. Rockwell said that staff recommends approval of the requested parking reduction. Because manufacturing processes vary with some being more labor intensive than others, staff recom- mends that the reduction in parking be tied specifically to the Oral B Laboratories operation. She said that staff also recommends at a minimum that the number of bicycle parking spaces currently provided on this property be retained. Allowing a reduced level of parking, which will accommodate the parking demands of an expanding industry, makes sense economically, environmentally and aesthetically. Rockwell indicated that neighboring business owners had called with questions about the special exception request, and had been uniformly supportive of the expansion plans. Public Hearing: Rick Bemdt, engineer for the applicant, said Oral B was in agreement with the staff report. He said that he and a representative from Oral B were present to answer any questions that the Board might have. Brandt commented that they might lose a few nice trees with the expansion, and asked for clarification on where the new parking was to be located. Public hearing closed. MOTION: Brandt made a motion to approve EXC96-0028, a special exception to reduce the required off-street parking by 14%; from 488 to 420 parking spaces for the existing manufacturing plant and associated offices and the proposed 56,250 square foot build- ing addition for property located in the I-1 and CC-2 zones at 1832 Lower Muscatine Road, subject to the exception being granted specifically for the Oral B Laboratories operation on the site; not to any successor manufacturing firm, and that the number of Board of Adjustment - Minutes December 11. 1996 Page 12 bicycle parking spaces currently provided on the site be retained. The motion was seconded by Lehman. Brandt indicated that a reasonable amount of parking spaces would be provided to serve the manufactunng plant. He said retaining the bike racks was a good idea. He felt the expansion would be economically beneficial to the community. Eckhardt said it was good to provide enough parking, but not too much. She appreciated having more green space and less paving whenever possible. She noted if the manufacturing process is changed in the future and more parking is needed, the condition of approval assures that the issue can be addressed in the future. Lehman agreed. Bender said it is good to minimize concrete whenever possible, espe- cially when the applicant is able to show, as in this case, that adequate parking will be provid- ed. She liked the idea of having more green space. The manufacturing plant is close to residential areas. She added that the public welfare would be served by the granting of the special exception. The motion passed 4-0. 4. EXC96-0029. Public hearing on an application submitted by Citizen Building Limited Partnership for a special exception to permit off-street parking for elderly housing for property located in the CB-10 zone at 319 E. Washington Street. Rockwell said in 1993, Bob Bums was issued a building permit for the conversion and rehabili- tation of the former Press-Citizen Building into 18 dwelling units for elderly housing for property located in the CB-10 zone at 319 E. Washington Street. In the CB-10 zone, elderly housing is required to have one parking space for each four dwelling units of elderly housing, and except for hotels/motels, private off-street parking is permitted in the CB-10 zone only by special exception. The applicant has fulfilled the first requirement by providing parking spaces at the rear of the lot with access off the alley to the south. Mr. Bums now requests Board of Adjustment approval of a special exception to permit off-street parking in the CB-10 zone; specifically, to allow the off-street parking provided south of the building to remain in place. Rockwell said the policy of restricting pdvate parking while providing public parking facilities downtown is intended to promote high density economic development, a pedestrian orientation of the streetscape and the use of transit as well as reducing vehicular conflicts in the downtown area. The parking requirement for elderly housing recognizes that although there will not be a high demand for parking (many of the residents do not own vehicles), a minimum amount of parking should be provided that can be conveniently accessed by people who are elderly or have disabilities. Rockwell said staff recommended approval of up to eight parking spaces, subject to the applicant providing improved access to the parking area for the residents of the Citizen Building by constructing safer, wider steps as well as a connecting sidewalk that does not require entering the alley to get to a parked car, and adding signs that reserve a minimum of four parking spaces for the residents of the Citizen Building and their guests. Rockwell noted that she had received several calls asking about the special exception. There were no objections. A resident of the building had indicated that she was in favor of having parking available for the residents. She said the parking spaces are usually filled during the day, and she has to arrange for her friends or family to pick her up at the Senior Center across the street. Board of Adjustment - Minutes December 11, 1996 Page 13 Brandt said if the signage designated at least four parking spaces for the residents, and one of these is a handicapped-accessible space, that would leave three standard parking spaces reserved for residents and guests. Rockwell confirmed Brandt's observation. Brandt pointed out that if two of the parking spaces are handicapped-accessible parking spaces, that only leaves another two parking spaces for other residents/guests. Eckhardt indicated reserving all eight of the parking spaces for use by the residents and their guests could be an option. Lehman asked if the architect's office staff used the parking spaces. Rockwell said they do, but according to City policy, they should park in a municipal parking facility. Bender suggested that at least two of the parking spaces have time limits to allow pick-up and drop off. Lehman suggested assigning one parking space as a temporary parking space to accommodate drop- off/pick-up. Holecek said a time-limited loading space is possible. Brandt suggested of the eight parking spaces, that six be reserved for elderly housing, and the remaining two parking spaces be designated as short-term parking spaces. Holecek said there would still need to be handicapped-accessible parking. Brandt clarified that there could be four resident spaces, two loading spaces, and two handicapped-accessible spaces. Public hearing: There was none. Public hearing closed. MOTION: Brandt made a motion to approve EXC96-0029, a special exception to permit no more than eight (8) parking spaces at the rear of property located in the CB-10 zone at 319 E. Washington Street, subject to the applicant 1) improving pedestrian access with wider, safer access steps to the parking area and a ramped walkway that allows access to the parking area without having to enter the alley, and 2) designating and ensuring the use of the eight parking spaces through both signage and apartment management policy/practice, as follows: two parking spaces marked as handicapped- accessible, four parking spaces reserved for the use of the elders and persons with disabilities, who reside in the Citizen Building, and their guests, and two spaces main- tained as short-term, 15 minute parking spaces. Bender seconded the motion. Lehman asked for clarification of the specifications for parking and Brandt repeated the motion. Eckhardt supported this motion. Brandt said it was a unique opportunity to provide good access for people who are older and/or have disabilities. He said the Citizen Building is a historic building. With the space being available off the alley, he felt it was reasonable to use the space to serve the residents, who are elderly and/or have disabilities. He liked the idea of combining two standard parking spaces to create an additional handicapped-accessible parking space. Lehman questioned whether the office use should be able to continue using the parking spaces that are provided in addition to the four required for the elderly housing units. Rockwell said they could continue to park there, but parking for persons other than those in elderly housing technically should be obtained in municipal parking facilities. Bender said the way the motion is worded would work the best to meet the intent of the ordinance. Lehman was concerned with the applicant's wishes since he was not able to be present at tonight's meeting. Rockwell said in her discussions with Mr. Bums, he had consistently stated that although the parking did not appear to be needed for the eldedy, it could be designated for their use. Board of Adjustment - Minutes December 11, 1996 Page 14 The motion was approved by a vote of 4-0. OTHER: Eckhardt presented Lehman with a certificate and thanked him for his service to the Board. Brandt said that having Lehman on the Board had provided him with a good learning experi- ence. Bender agreed. Eckhardt thanked Lehman for teaching her the importance of listening to the neighboring property owners. Rockwell noted the Iowa Avenue porch issue has been scheduled to go before the City Council in the next week. ADJOURNMENT: Lehman moved to adjourn the meeting and Bender seconded. The meeting ended at 7:47 p.m. Patricia Eckhardt, Board Chairperson ck~el~, ,~Board Secretary Minutes submitted by Brandy Dulceak ~ _l:~rrm~s/tx)a 12-11. n'an IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, DECEMBER 11, 1996- 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS SIGN IN SHEET Name 9. 10. 11. 12. 13. 14. Address DRAFT MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION MONDAY, DECEMBER 2, 1996 - 5:30 P.M. CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT:Cordell Jeppsen, Betty McKray, Steve Hoch, Howie Vernon, and Eric Rothenbuhler MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: None Shaffer, Brau, Hardy, Helling, Dilkes Beth Fisher, Derek Maurer, Bill Blough, Rene Paine, Barb Black, Mary Jo Langhorne, Mark Weills, John Jennewein RECCOMENDATIONS OF THE COMMISION The Commission approved a motion to approve the Government Channel Guidelines. SUMMARY OF DISCUSSION Paine reported about 70 people attended PATV's annual meeting on November 21st. Robin Butler was elected to the PA'I'V Board. Blough reported TCI will revise the channel line-up effective December 31st. The Comedy ChannelNH1 and WGN will be dropped. Animal Planet and the Cartoon Network will be added. Vernon will write an editorial informing subscribers how to make their concerns known regarding TCI's recently announced channel line-up changes. The next rate increase will likely be about 30¢ to 40¢ in June. TCI may ask the City for relief from some of the rebuild requirements contained in the new franchise. Weills reported the new equipment purchased by the Senior Center with pass-through money has greatly improved their operations. Langhorne reported Shaffer's appeal to the school's Technology Council to make better use of the education channel and video in general was well received. Fisher reported the library accepted a bid to install video equipment in Meeting Room A. The equipment came in $1400.00 under budget and will be funded with pass- through funds. Shaffer reported the City has begun working on a telecommunications ordinance. The contract has been signed with Rice, Williams for consulting assistance on the project. APPROVAL OF MINUTES It was moved by Vernon, seconded by McKray to approve the October 28, 1996 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. LEGAL REPORT Broadband Telecommunications Commissaon December 2, 1996 Page 2 None. PATV REPORT Paine reported about 70 people attended PATV's annual meeting held November 21st. A new workshop instructor is in the process of being hired. PATV hosted a group of Girl Scouts working on their video merit badge. Maurer reported the candidate nominated by the PATV Board, Robin Butler, was elected by the membership at PATV's annual meeting. Trey Stevens will be leaving the Board soon and a replacement will be appointed. TCIREPORT Blough reported that TCI will be going through a major channel realignment at the end of the month. Comedy ChannelNH1 and WGN will be deleted. TBS will be moved to the basic tier. The Cartoon Network and Animal Planet will be added. Rothenbuhler asked what the rationale is for making the changes. Blough said TCI corporate office is in the process of negotiations with programmers. The contracts with VH1 and the Comedy Channel have a deletion clause which the other channel's contracts prohibit. WGN was deleted because the National Basketball Association won a court case which prohibits them from carrying the Bulls games. It is likely TCI will carry the Cubs and White Sox games and preempt Animal Planet programming. Dropping WGN is a cost saving measure. Copyright fees are over $100,000 in Iowa City and $100 to $120 million nationally for WGN. The decision was not made locally, but by corporate headquarters. Encore Plus, an expanded basic channel, will be put on channel 38 and will be preempted for any pay-per-view programming. TCI has only been making about $500 per month on pay-per-view with about .01% of all subscribers using this service. Rothenbuhler said the Comedy Channel appeals to adult taste and is being replaced with Animal Planet which appeals to children. Blough said he has no input in the decision to change the channel line-up, but is encouraging subscribers to send him letters and faxes which he will forward to TCI corporate offices in Denver. TCI is going through a major restructuring, but it is not expected that Iowa City will be going through any downsizing. City block 81 will have cable 'IV service by Christmas. The next rate increase will likely be 30¢ to 40¢ and be implemented in June, 1997. TCI may be coming to the City and asking for relief from some of their rebuild requirements. TCI may ask to extend the construction deadlines and/or install digital compression technology to increase channel capacity. Hoch asked about the process to renegotiate sections of the franchise. Shaffer said TCI will likely send the City a letter requesting relief. Jeppsen said if TCI had conducted the franchise negotiations in better faith the City might be more receptive. SENIOR CENTER REPORT Weilles reported that SCTV has been learning to operate the new equipment purchased with pass-through funds. The new equipment has increased the technical quality of their pro- grams. More volunteers are being recruited. The existing pool of volunteers has been quite stable. ECC REPORT Langhorne reported that the school system has started their next round of technology plan- ning. Shaffer's appeal to expand their focus beyond computers and make better use of Channel 11 was well received. The Press-Citizen has decided not to run Kirkwoods' daily programming due to space limitations. The Kirkwood schedule is being carried in the weekly Channels section. McKray said at a minimum the Press-Citizen should indicate the program- ming from Kirkwood is being cablecast rather than printing that no programming is scheduled. LIBRARY REPORT Fisher reported a bid for video equipment in Meeting Room A has been accepted and will be installed January 6th. The bid came in $1400 under budget. PATV, as part of their rental agreement with the Library, shot the Po Po Puppet Festival which involved about 900 Broadband Telecommunications Commission December 2. 1996 Page 3 students. A number of shoots are planned including several episodes of the series "One of a Kind," "The Woman's Health Forum," "Iowa City Public Library Centennial Celebration," and several story time programs. ADMINISTRATIVE REPORT Shaffer said the City has signed a contract with Rice, Williams for consulting services to assist in developing a telecommunications ordinance. A teleconference was recently held with Rice, Williams to begin work on the process. An ordinance was recently passed by the City Council bringing the Iowa City Code into compliance with the 1996 Telecommunications Act regarding zoning of towers and satellite dishes. This ordinance came out of the Planning & Zoning Department. Hoch asked about the Commission's role in approving the City Cable 'IV Office FY98 budget. Shaffer said given the amount of time he had to prepare the budget, the Commission would not have met to review and approve the proposed budget. Shaffer said he generally likes to get the Commission to approve the budget and noted that the Council will review the budget and will not finally approve it until March. The Commission will have time to make a recommendation if they wish. Shaffer referred to the copy of the City's comment to the FCC regarding TCI's rate order of the City's rate where setting the maximum cap rate at a lower level than TCl calculated. The maximum cap rate would set the starting point for any future rate increase filings. The City hopes to prevail on two of the three contested points. Shaffer said he received an call inquiring if TCI was supposed to provide leased access channels. This has not been an issue in the past because no one has approached him wanting to lease channel space. While leased access can provide alternative programming to TCl's programming, it will not solve the problem subscribers perceive due to the lack of competition. The Iowa City system does not have enough channel capacity to pass the threshold where they are required to provide a leased access channel. Vernon asked if the City had any plans to make information available to the public regarding TCI's channel line-up changes and how to contact the cable company. Subscribers may feel frustrated because they feel they have no say in the matter. Vernon moved that the Commission develop an editorial and a press release to provide the public with the information on the channel line-up changes and how to contact the cable company. McKray seconded the motion and it passed unanimously. Vernon offered to write the editorial. Hoch asked if the City might make use of the option to insert material in subscriber bills. Shaffer said TCI needs 60 to 90 days advanced notice for bill stuffers. Shaffer said the City is moving into new areas regarding the telecommunications ordinance. In the past, the BTC has been concerned only with cable tv. The Commission may want to think about wheather to become involved in broader telecommunications issues. Shaffer reported receiving 11 complaints -- one about the company not providing a disconnection notice, three about adding ESPN2, two about the loss of WGN, two about poor service, one about the franchise fee, one about a billing problem, and one about a problem with PATV. MEDIA UNIT Hardy reported the Media Unit has been busy catching up on long-term projects. The Community Television Group (CTG) agreed on community programming mission, goals, and objectives. The CTG has discussed forming a focus group to help ascertain the needs of the organizations and subscribers community programming will serve. A long-term advisory committee may be formed at a later time. The focus group could also help decide how to distribute programs among the access channels. Programs provided by the Community Programmer will carry a logo identifying it as being produced by the Community Television Service (CTS). This name avoids the ambiguity of the phrase "community programming." Shaffer said the Commission had discussed the use of a community programming logo at previous meetings. All access channels produce some programs which might be considered community programming and use of a community programming logo might be needed. Jeppsen said the logo was initially discussed as a means of identifying programs which are funded with pass-through money. A conclusion was not reached. Shaffer said the CTG discussed the value of identifying programs not produced with pass-through funds and noted that subscribers pay for programming through the franchise fee and cable company Broadband Telecommunications Commission December 2. 1996 Page 4 contributions to PATV. Rothenbuhler said any program any producer cosiders community programming should be able to carry the community programming logo. Trying to make such precise distinctions is difficult and creates unnecessary work. Hardy said the Community Television Service (CTS) logo serves to identify a specific service and not a specific channel. A community programming logo which would be shared by all the channels could also be developed. At a minimum, a program should be produced for a non-profit organization and carry a community programming logo. McKray said the franchise agreement contains language stating that PATV does community programming. Use of a logo would give PATV vast recognition. A different or similar logo to identify programs produced with pass-through funds is also a good idea. Hoch asked what criteria the access channels would use to determine if they will cablecast a program produced by the CTS. Maurer said PATV has not yet discussed that issue. Those programs may be treated as any other program submitted. The CTG has also discussed setting aside blocks of time for community programming. Hardy said there are several options being considered. The organization requesting the program might be given the option of which channel it wishes the program to be cablecast on or they might be assigned to channels according to content. All historical programs, for example, might be cablecast by the library. Input from those served by the CTS will need to be gathered on this subject. Hardy reported a model has been created for a Community Calendar which will collect a listing of the events which will be taking place in the Iowa City area. CHANNEL FOUR GUIDELINES Shaffer reported the guidelines had been slightly modified to include cablecasting of community programming. Hoch said in the recent past there were several news conferences which were of interest to the community which were not carried by the government channel. Both PATV and the government channel gave rationales why they did not cover the press conferences. Hoch said he is concerned that the revised guidelines still do not accommodate such instances. Because all the programs produced by the government channel are requested it is possible there are circumstances in which an event, such as the news conference, is of great interest to the community but not in the interest of the city government to cablecast. Rothenbuhler said the production and cablecasting of programs has been essentially the same activity. With the advent of the Community Television Service there is a distinction between production and program scheduling. Perhaps the guidelines need to be written to reflect that distinction. McKray said she would have assumed both the City press conference and the Press-Cit/zen forum would be covered by the community programming effort. Rothenbuhler said there are situations in which the community programmer should make decisions on what to cover. The community programmer was hired to make these kinds of decisions. Hardy said that would put the community programmer in the difficult position of deciding what gets covered. There is a difference between receiving a request and deciding what to cover. Hoch said this gets to the heart of the issue. If it is the position of the City and the community programming effort that the community programmer should not make such decisions, then another mechanism is needed so such programs do get covered. Rothenbuhler said the Commission needs to deal with the issue of what the community programmer will cover, which is a separate issue from the government channel guidelines. The Commission had previously decided that the community programming effort should be proactive and seek out programs to produce. In items B, C, and D of the guidelines the term "initiated" refers to a request from City officials to the Media Unit to produce program. "Produce" in item E, F, and G means someone other than the Media Unit employees create the program and Channel Four cablecasts the program. Community programming could appear to have a stronger priority by listing the community programmer as someone who may produce programs. McKray said the details of how to carry out community programming is a long-term discussion. The guidelines should be approved so the Commission can move on. The guidelines can be revisited later, if needed. McKray moved the Commission approve the Channel Four guidelines. Vernon seconded and amended the motion to include a statement that the Commission was dissatisfied that the press conference was not covered and the mechanism should be in place so that similar type events will be covered in the future. Rothenbuhler asked if the sponsorship phrase "provided the announcement is consistent with all goals and guidelines stated above" should be Broadband Telecommunications Commission December 2, 1996 Page 5 interpreted literally so that only sponsorship announcements that provide a window on local government which can inform and educate citizens about local government and public affairs will be allowed? What is likely intended is that the sponsorship statement is permitted as long as it is not inconsistent with providing a window on local government. The motion to approve the Channel 4 guidelines as written was approved with Jeppsen, Hoch, McKray, and Vernon voting yes and Rothenbuhler abstaining. ADJOURNMENT It was moved by McKray and Rothenbuhler seconded the motion to adjourn. The motion passed unanimously. Adjournment at 7:30 p.m. Respectfully submitted, William'~Dr~w Shaffer ~ Cable Television Administrator cablet~btc 12-2.ram MINUTES DESIGN REVIEW COMMITTEE JANUARY 13,1997 - 4:00 P.M. CIVIC CENTER - PUBLIC WORKS CONFERENCE ROOM PRELIMINARY S bject to Approval MEMBERS PRESENT: Martin Haynes, Kar¥1 Larson, Gary Nagle, Bill Now¥sz, Phil Reisetter, Clara Swan, and Daryl Woodson. MEMBERS ABSENT: Randy Rohovit STAFF PRESENT: Jeffrey McKinney, David Schoon OTHERS PRESENT: Tori Allen Recommendations: Recommended, by a vote of 7-0, approval of the final design review application, as submitted, for exterior signage at 150 E. Court Street (Magna Bank). Call to Order: Marty Haynes called the meeting to order at 4:10 P.M. Discussion Regarding the DesiQn Review Survey Forms: Swan reported regarding Bill Nowysz and her trial run using the proposed property survey form. Swan stated that she feels that the current form is a good start, however she suggested a few changes: · It would be more appropriate to use the designation of "fair" rather than "OK" when estimating the condition of a building. · Many of the form's elements can be taken directly from the assessor's records. It would be useful to supply a copy of the assessor's records and aerial photo for each specific parcel when it is being evaluated. · Some information, such as the description of mechanical equipment, cannot be easily collected by Committee members and may need to be eliminated. · It would be better to divide the sections of the survey form by sides of each building rather than by floors of each building. · In general, the document should be condensed in the interest of efficiency and relevance. Gary Nagle and Tori Allen arrive at 4:15 Nowysz asked how Committee members are to determine "architectural style" of a building and if this designation will have any effect on the historical significance issue. Schoon responded by informing the Committee that the Historical Preservation Commission would prefer that the Design Review Committee to avoid any determination of historical significance. Under historic preservation procedures, the determination of whether a building is historically significance must be performed by a person trained in the field. This does not mean the Committee cannot attempt to assess the impact or value of each parcel to the streetscape. Swan pointed out that age is often an important factor in determining impact. Reisetter added DESIGN REVIEW COMMITTEE JANUARY 13, 1997 PAGE 2 that it might be difficult for Committee members to accurately assess the historical impact of each individual parcel. Schoon added that it might be better to simply describe the common characteristics of a group of buildings in an area that collectively make a group of buildings significant rather than determining the historical significance of a specific building. Nagle questioned the necessity of assessing anything other than the front facades of these buildings, as it applies to the jurisdiction of the Design Review Committee. Nagle suggested that much of the information required in the current form could be eliminated by simply attaching a photograph to each form. Swan explained that the form should provide the name of the person that filled it out in case any questions should arise later. Nagle asserted that the form should consist of a simple checklist that does not provide room for variation. Woodson and Nagle also questioned whether the condition and color of a building's paint is of any concern to the Design Review Committee. Haynes suggested that a section could be added at the end of each form to provide for any personal observations or comments. Schoon added that doing this would allow the elimination of the "condition" columns. Schoon informed the Committee that he will revise the form to incorporate the new suggestions. He explained that it would be possible to have an intern or assign a couple of Committee members to organize photos and assessor's information for each parcel before the Committee members go outside and conduct the survey. It was agreed that the subcommittee should work on revising the from. Haynes reminded the Committee that it will be necessary to set aside a time when all the Committee members can get together in order to conduct this survey. Consider a Final Design Review Application for Exterior Si.clnaqe at 150 E. Court Street (Ma.qna Bank). Haynes explained that the proposed signage will be on the north, south and west sides of what is currently Homeland Bank. Tori Allen of Sign Productions Inc. added that the signs will be moved up one level higher than the current signs. In response to a question from Woodson, Allen agreed that the proposed signs were nearly double the size of the current signs. She also noted that all signs will be consistent with regard to color scheme and that there will not be a facia sign along the Dubuque Street side of the building. The signs will have an aluminum frame and will be illuminated. Schoon added that a monument sign, which will be 4 feet tall is also included in the proposal. In response to two questions posed by the Committee, Allen stated that the signs will be backlit. They will have white lettering with a blue background and will glow blue during the evening. In response to a question, Allen also pointed out that the proposed signs do comply with the sign ordinance. She stated that the signs are slated to go up during the second week of March. Woodson commented that he believe the proposed signs offer a cleaner design than the current signage at this location. Swan noted that the signage will help better identify the business located in this building. DESIGN REVIEW COMMITTEE JANUARY 13, 1997 PAGE 3 Swan moved and Larson seconded the motion to approve the final design review application, as submitted, for exterior signage at 150 E. Court Street (Magna Bank). The motion carried by a vote of 7°0. 5:10: Swan and Allen left the meeting. Update Regarding the Proposed Biolo.qv Buildinq Skywalk over DubuQue Street. Schoon informed the Committee that the design is still being changed and that the University may be ready to present the new design to the Committee on either January 21 or 22. In response to a question from the Committee, Schoon said he has not seen a revised design. Annual Election of Officers & Representatives to the Banner Committee. Haynes moved and Karyl Larson seconded the reappoint of Gary Nagle and Randy Rohovit as representatives to the Banner Committee. The motion carried by a vote of 6-0. Woodson moved and Reisetter seconded the motion to re-elect Haynes as Chairperson and Clara Swan as Vice-Chairperson. The motion carried by a vote of 6-0. Discussion of Annual Design Review Awards Pro.qram. Haynes suggested that the awards be held in the same way they were last year. Nagle suggested that they could model the presentation ceremony after that of the Historic Preservation Commission Awards. Woodson suggested that the awards could be held during Arts Fest. Larson agreed that the Design Review Committee awards would fit in nicely with the theme of this festival. Nowysz added that it would provide a perfect opportunity to publicly display the nominees. Haynes stated that he would get in touch with the people that organize the festival to inquire about the possibility of incorporating the awards into their festival. Schoon added that at a future meeting it will be necessary to form a subcommittee to organize these awards. Consideration of the Minutes of the December 9, 1996 Meetin.q: Woodson noted that he had suggested an "artistic design" for the proposed skywalk, rather than an 'artistic sign", as stated in the minutes, Woodson moved and Reisetter seconded that the minutes be approved as amended. The motion passed by a vote of 6-0. Committee Discussion: Woodson inquired about a soda machine that has been installed in front of an apartment building on Linn St., located between Prentiss and Harrison. Specifically, he wanted to know if it was a violation of the sign ordinance. Schoon stated that he would check. DESIGN REVIEW COMMITTEE JANUARY 13, 1997 PAGE 4 In response to a question from Nagle, Schoon informed the Committee that a couple of Committee members' terms end in July. He added that these members must apply for reappointment at that time if they wish to serve another term. From the applicants, Council would choose only one new member for reappointment in order to reduce the Committee membership from eight to seven. Adiournment: The motion to adjourn was made by Woodson and seconded by Reisetter at 5:35. The motion carried by a vote of 6-0. Minutes submitted by Jeffrey McKinney. ecodev:m~ns~DRC1-13. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION THURSDAY, NOVEMBER 21, 1996 AT 6:30 P.M. LOBBY CONFERENCE ROOM-CIVIC CENTER MEMBERS PRESENT: Ann Donovan, Charlie Eastham, Cindy Larson, David Purdy, Kathleen Renquist, Gretchen Schmuch, Bill Stewart, Tim Ruxton, Sandy Kuhlmann. MEMBERS ABSENT: None. STAFFPRESENT: Pam Barnes, Steve Schomhorst, Maurice Head, Steve Long, Steve Nasby, Doug Boothroy. CALLTO ORDER Schmuch called the meeting to order at 6:30 p.m. APPROVAL OF THE MINUTES FROM OCTOBER 17,1996 Purdy requested paragraph at the bottom of page 3 of the last meeting minutes be stricken. The motion to approve the minutes from October 17,1996 as amended passed 8-0 (Donovan absent). HOUSING REHABILITATION PROGRAM PRESENTATION/UPDATE Pain Barnes, Rehab Officer, gave a presentation on the Rehabilitation Program. She indicated that the rehab budget comes from HOME and CDBG funds. She outlined five different types of activities that the Rehab program covers and passed out packets reviewing the program's activities. Steve Schomhorst, Rehab Assistant, added that the rehab program has developed computer programs to allow for the tracking of individual projects. He described the data and statistics in the handouts and highlighted the following facts and figures: a breakdown of clients by age/income/race, and noted a decrease in occupant statistics in the last few years (1.9 occupants per home). A drop in the number of households in the lowest income category was noted by Donovan. Schomhorst responded by saying that there was no obvious explanation and said he wanted to double check those statistics to be sure they were correct. Eastham asked about the length of the waiting list and if everyone eventually gets served. Barnes and Schornhorst pointed out that some clients come drop off the waiting list because they become ineligible due to increased income or other factors. Barnes explained how the financial assistance is done through mortgages and loans with varying terms based on ability to pay. Stewart asked about repayment. Barnes said the programs rates were good (2% to 6% interest) and none were forgivable. Schornhorst added that circumstances are different with mobile homes, and Barnes explained the depreciation liens that apply. Eastham asked about reports on the outstanding loan portfolio and breakdowns of loans in each form. Barnes indicated that kind of report was possible now. Stewart asked if the loans were forgivable. Barnes said they were several years ago but that is not done now. Schmuch asked about the pdodty on the waiting list. Schornhorst said the list is prioritized automatically by computer. Household factors are given different weights and points which make them higher priorities like age, handicap, and family size. Schmuch asked what types of projects are given priority. Barnes and Schornhorst explained how they deal with emergencies as priodty Housing and Community Development Commission Minutes November 21, i 996 Page 2 projects. Stewart asked about the advertising. Barnes said they put ads in the water bills and newspapers, take referrals, are listed in the service directories, and also do target mailing. Barnes said that the "Quick Reference Guide to Home Maintenance" will be done soon. It includes tips on how to fix things and when to call professionals. The booklet will be provided to banks, real estate offices, clients and the public. She also passed out a sign up sheet for tours of rehab project sites and encouraged everyone to participate. IOWA CITY HOUSING AUTHORITY (ICHA) UPDATE Doug Boothmy, Director of the Department of Housing and Inspection Services, gave an overview of Iowa City Housing Authority (ICHA) Section 8 Certificate, the Voucher Program, and Public Housing. He indicated the Housing Authority serves a large area centered in Johnson County. Most Section 8 households live in Iowa City. Public Housing is owned by Iowa City and connected to HUD. In Public Housing, the rents cover the costs of the Housing Authority and the rents never exceed 30% of the tenants' adjusted income. There are currently 107 units in the Public Housing inventory. He noted that over 50% of Public Housing residents are employed. Section 8 residents pay no more than 30% of their adjusted income and the difference is paid to the landlord by the federal government. There are 877 households served this way. There is a 27% turnover rate in Section 8 so there are actually more than 877 units being served in a year. Under this program, 38% of families have a disabled member, 83% have a female head of household, 80% are white, and 99% do have some type of income. Eastham inquired if a Voucher receiving household could pay more than 30% of their adjusted income for rent. Boothroy said it is possible. Stewart asked about the number of people served outside of the Johnson County area. Boothroy indicated that only about 2% are outside the Johnson County/Iowa City area. Renquist followed by asking how people qualify if they live outside of Johnson County. He explained that those residents start on these program while they live in this area, then they move to an outlying area. Boothroy recommended no increase in the utility allowances which was contrary to the memo included in the packet. HUD requires Housing Authorities to consider changing the allowances every year. Utility allowances are tied to the Fair Market Rent, which has not changed much in this area. Boothroy explained the tables and calculations the former Housing Commission had decided on as a guide. He said the utility allowances only, realistically, applies to Certificate and Public Housing participants. The utility allowance results in deductions from the rent the client is paying to the landlord. Public Housing renters pay their own utilities. Boothroy indicated if the formula changes in utility allowances go into effect, Public Housing will lose approximately $30,000 in revenue next year, which would be a big loss for the program. This would mean a loss of income to Public Housing and the Certificate program recipients may not receive enough money to cover the rents. This would create problems finding housing for some recipients since there is a limited number/area for those recipients to find housing. He added that the ICHA would like to provide the utility assistance and housing but housing is more of a pdodty. Stewart requested an example to illustrate the effect the increase in utility allowance would have on the renter. Boothroy explained how if the allowance increases, renters will not be able to get the money the landlord will want in rent. Eastham made a comparison to costs and Fair Housing and Community Development Commission Minutes November 21, 1996 Page 3 Market Rent increases. Boothroy walked through the chart to illustrate the costs to the renter. Stewart asked if utility pdces have increased. Boothroy said they definitely have but if the program met the full cost of utilities the Certificate recipients may not be able to find housing. Landlords are often not very flexible because they would have to take less than Market Rent. Eastham questioned if landlords would take some units out of the program. Boothroy stressed increased limitations to matching certificate users to units if there is a significant cost difference. (Donovan left meeting) Eastham noted the utility schedule does not match the actual costs of utilities. He pointed out there has been only one increase in the utility allowance since 1987 and if that trend confinuities the allowance will not even be close to actual costs. He recommended increasing the allowances as indicated in the memo. Head added that the fear is limiting housing choices and creating pockets of low income housing. Boothroy said the purpose of increasing the utility allowance versus the effects on the Certificate program can be incompatible and decrease options for recipients. Eastham asked if utility allowance affects HOME program rents. Nasby said the same rents and utility allowances would apply to HOME as well. Eastham said the 1994 survey indicated the utility allowance was $20-$30 less than the actual cost of utilities. Stewart said either the landlord gets less money or the people get more money for utilities, it is a circular situation. Boothroy repeated his concern over clients losing flexibility in finding housing. Eastham motioned to adopt a recommendation of the November 22 memo with the change of increasing the utility allowance to 25% of the Fair Market Rent increase. Stewart seconded the motion. Purdy questioned the effect of the proposed motion. Boothroy said it was better and some landlords will adjust, and some won't. He favored the 25% increase over a 50% increase but prefers the rate now. Schmuch asked if there was a way to get feedback from the landlords. Boothroy said they know what the increase in Fair Market Rents are but many have other reasons they won't take certificates. He said the most affected will be new lookers, not renters renewing leases. Schmuch asked when this was to go before Council, and Boothroy indicated December 10, 1996. The motion passed 7-1, with Renquist opposing. Boothroy described the voucher payment standards, HUD standards and the average contract rent in the voucher program as illustrated in the charts. Eastham asked where the difference comes out of. Boothroy said the difference comes out of the Housing Authority budget. Eastham motioned to recommend the voucher standards in the memo. seconded. The motion carried unanimously, 8-0. Ruxton Eastham inquired as to the ICHA Director's position. Boothroy said he has not reviewed the applications thoroughly and there were one to two weeks left in the application period. He said the goal was to interview in December and have someone starting in the position in January. Eastham said that would decrease his concerns about the program. Boothroy said other vacancies have also decreased the department's effectiveness. Eastham wanted to know if Housing and Communi~' Development Commission Minutes November 21, 1996 Page 4 the TOP program would continue. Boothroy said it would continue once they got a new Director. Eastham asked about the status of the Family Self-Sufficiency program. Boothroy did not know the number of households currently involved. Eastham also asked about replacements for the Broadway Apartments and Boothroy said they have not started to search. Eastham indicated the committee was concerned about these issues and requested a quarterly report. Boothroy said the numbers were not good for this quarter so far, but they are still between 90-95% occupancy. He said he could have a quarterly report at the next meeting of the Committee. RANKING CRITERIA AND ALLOCATION PROCESS FOR CDBG AND HOME FUNDS Schmuch explained the new ranking sheet and passed out sample projects so the Committee members could walk a project through the new forms. Eastham asked about leveraging and wanted to know what "low interest" would be. Head indicated it would be comparable to what they use now, 5-6% for low interest rehab loans. Eastham pointed out that no application has ever proposed more than 1-2% interest. Head added that it was up to the Commission to assign value to the terms. Stewart said his main concern was getting the principal back on the loans. Eastham said any increase in the percent of interest will increase project costs. Head suggested divisions for the subsections under question #1 on the ranking form. Eastham said he wanted to focus on the low interest loans around 3% and suggested question #1A be principal low interest and question #lB be principal no interest. Stewart added that if interest is charged on a balloon then that should be in another category. Schmuch asked about the duplication of existing effort question on the form. Renquist asked for examples. Schmuch described some duplicate service programs. Eastham said that duplication was not necessary if it serves a need. Nasby said CDBG definitions don't allow for duplication of an existing service. Eastham questioned what is allowed. Schmuch gave the example of different target groups. Nasby said the need category could be define the need for duplication for that service. Schmuch asked about the feasibility category and mentioned the issues from the subcommittee. Schmuch said she meant programs whose only funding is CDBG. Eastham noted that would be hard to evaluate. Head said the idea was to give projects assistance but not create dependency. Kuhlmann said the question could include "Have other sources of funding been looked into?". Which would eliminate or decrease the dependency situation. Eastham said the impact of question #3 was indefinable. Schmuch said capacity favors previously funded projects. Nasby suggested making question #1 - 3 points to be the same points as question #3 so there would be no favoring. Purdy questioned the definitions impacts of question #1. Eastham said the applicants can be asked if the greatest number is equal to 30%. Purdy asked if there was agreement on the weight per category. Eastham indicated leveraging should weigh more, and that Impacts could be 20 points. WHAT ARE CDBG/HOME FUNDS WORTH? Nasby reviewed other cities CDBG/HOME figures and passed out Cedar Rapids figures. He explained the different usage and the amounts of money spent, how it was allocated. Waterloo used a lot of funding to demolish abandoned homes. Dubuque's economic development was self-sustaining since they use the money as loans. The loan interest rates varied but many used the funds as loans. Purdy asked what the interest rates are on Housing Rehab loans. Nasby indicated the rates were 0-6%. Eastham noted he favored low interest loans no higher than the rate of inflation. Housing and Community Development Commission Minutes November 21, ! 996 Page 5 He also requested the Commission come to a consensus on this issue. The Commission reached a consensus of 3% as the loan rate for this next year. Stewart was in favor of the loan concept. Schmuch said the criteria list includes favodng loans/payback projects. Eastham pointed out that job training does not give anything back but does serve the community. Purdy noted that with changes in welfare, Promise Jobs will become more important. Nasby explained the difference between general and specific training. MONITORING REPORTS Eastham reported that Pheasant Ridge was completed and looked good. Several program are in place using the center (pregnancy, literacy, after school, teacher conferences and some others). The project will be $100,000 in debt to the city upon completion. Neighborhood centers plan to pay off the loan in about ten years. Schmuch reported that CDBG gives approximately $20,000 a year to LIFE Skills to pay for a Housing Coordinator. 16 clients are using the service now and there are a lot of inquiries. The Coordinator works with clients to find housing, and improving housing skills. They use the "Tool Pool" to help with those skills. Donovan had staff distribute her report on Support Services for Transitional Housing. Eastham asked if this just served clients from EHP. Long said transitional clients from EHP and DVIP. PUBLIC~VIEMBER DISCUSSION OF ITEMS NOT ON THE AGENDA Head said the Community Housing Forum was productive and now they are identifying people to be on sub-committees. Purdy and Stewart agreed it was a good experience. OLD BUSINESS There was none. NEW BUSINESS Nasby pointed to the letter in the packet from the City Manager on CDBG funding and briefly commented on the information. Stewart asked if the tour times were definite. Nasby said they are confirmed but the Rehab Staff could arrange individual tours. Schmuch said many agencies offer tours. Stewart asked about the United Way meetings. Schmuch said they started on that night and she included a schedule in the packet. ADJOURNMENT Eastham moved for adjournment and Purdy seconded. The meeting ended at 9:15 p.m. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION THURSDAY, DECEMBER 19,1996 -6:30 P.M. LOBBY CENTER CONFERENCE ROOM-CIVIC CENTER MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Ann Donovan, Charlie Eastham, Cindy Larson, David Purdy, Kathleen Renquist, Gretchen Schmuch, Bill Stewart, Tim Ruxton, Sandy Kuhlmann. None. Maudce Head, Steve Long, Steve Nasby CALL TO ORDER: The meeting was called to order by Chairperson Schmuch at 6:35 p.m. APPROVAL OF MINUTES FROM NOVEMBER 21.1996 MEETING: Eastham indicated corrections to the votes on page 3. Approval of minutes, as amended, carried unanimously. IOWA CITY HOUSING AUTHORITY UPDATE: Nasby explained the statistics sheet provided by the Housing Authority. In response to a question, Nasby said that the Commission could request a representative to come to the next meeting. The Voucher Payment and Utility Allowance has been approved by the City Council following to the Commission's recommendations. Eastham asked about the occupancy rates being below 95%. He said the occupancy rates were well below what was acceptable to him. Eastham suggested that Boothroy be asked to attend the next meeting to discuss the occupancy rate problems. Nasby said the Public Housing vacancy rates are effected by the units to be used in the Tenant to Owner Program (TOP) program. Eastham indicated he was not satisfied with that explanation since at the last meeting, Boothroy said the TOP program was not functioning yet. Schmuch commented that these are the lowest numbers they have seen in a while. Schmuch asked about turnaround time for units and its effect on the statistics. FINAL REVIEW OF THE CDBG/HOME RANKING CRITERIA: Schmuch explained the highlighted areas of the ranking sheets that indicated the changes that had been made from the last meeting of the subcommittee. Renquist commented that the practice sheets were confusing because the new forms did not match the information from the old application forms. Schmuch said it would be easier during a real hearing because there is the question and answer time. Schmuch said that some of the financial information (regarding loan types) was new to her and asked Stewart for an explanation of the terms. Stewart distributed a summary sheet explaining the different types of loan terms and interest rates. Eastham said from the borrowers' perspective the interest adds to the borrower's cost. Purdy suggested that an applicant be asked if they can afford a low interest loan. Eastham said that maybe loans should be required or given bonus point(s), if not, applicants will not go that route. Donovan asked about combination type situations involving both loan and grant. Purdy asked staff about the balloon payment situation. Nasby said the situation could be that a balloon is due on a project at a specified time or when the owner wants to sell. Stewart explained the owner should be responsible for the balloon payment. Renquist asked for an explanation of the balloon payment oplion. Stewart explained the balloon terms. Eastham said the rate with balloon payments was an issue, and projects with shorter amortization schedules could be allotted bonus points. Nasby said that is something the Commission could consider. Stewart said there needs to be an incentive to get the principal back and for applicants to maintain the property/investment. Schmuch suggested collapsing some of the loan categories as mentioned in the subcommittee meeting. Stewart suggested changes to the Capacity Section. Nasby suggested noting the possibility for bonus points for shorter amortization on the bottom of the form. Eastham agreed with that suggestion. Renquist questioned the weighing of projects that can pay versus the need for the project. Stewart said he felt it was not biased. Renquist said the bonus points favored the pay back projects. Stewad said the Commission needed to be concerned about the future availability of these funds. Eastham indicated loans have been favored over grants in the past. Donovan wanted some subjectivity to the ranking and wanted some flexibility. She suggested bonus points that were not just based on pay back rates. Purdy commented on this form being just a guide and each member will rank things differently. Eastham suggested that to efficiently use these funds the Commission needs to know the needs of the community. He indicated the applicants would not be helped if the criteria were not taken seriously. Purdy said that the old criteda sheets (rankings) matched the awarded projects (allocations) fairly closely. Renquist approved of the form as presented but still had a problem with the bonus points. Eastham said the if the bonus points are to show preference to the short amortization then maybe that preference could be reflected in a different way within the form. Stewart suggested changing the points for the Leveraging Resources section to reflect that. In response to the elimination of points for Conditional Occupancy Loans, Nasby pointed out that interest may not be able to be charged on some rehab projects as it may raise the payment to more than 30% of the income some households. Stewart repeated his suggestions for the Leveraging points be changed to 9, 8, 5,1 for the various types of loans. Schmuch explained the changes to questions #2 and #3 under Leveraging. All agreed with the changes. Under Feasibility, the question of how much budget information was needed by the Commission was discussed. Purdy asked about the United Way process. Schmuch said it was very involved and sometimes complicated. One member said they use a 3 year system: year before, actual, and projected. Purdy asked what the old process was. Schmuch said in the past they just asked for the project budget. Purdy and Stewart agreed to the need for a larger budget picture from the applicant. The issue of sustained funding was raised by Schmuch. Stewart said it could also be included in question #3 under Feasibility. Schmuch said Ihe sustained issue was a concern for her. Renquist asked if the concern was over short term projects being favored over long term projects. Schmuch said that her concern was over reliance on these funds as sole source of funding. Head said Housing Rehab will not be able to sustain itself because it's program income has been put back into the CDBG~OME 'pot' each year. Eastham said he has never felt Rehab was supposed to add to the program income. Schmuch asked if there were any comments on the ImpactSBenefit section. Purdy said that he had some questions. He asked if the Commission intent under Impact/Benefit was to be weighed. Stewart agreed with the suggestion. Rankings could be between 10 and 6 for example. Purdy asked for definition of "self-sufficiency." Eastham also said could not objectively rate that portion. Candleworks was raised as an example of obvious "self- sufficiency". Purdy said that he felt people may have questions about outcome data. Nasby said it would help explain the project results. Schmuch said programs are starting to track outcomes of projects based on different models. Renquist said this is to make sure the program is doing what was intended. REVIEW OF FY98 CDBG/HOME APPLICATION: Nasby explained how the application form was the same as last year with updates from the new ranking criteda sheet. Stewart said he liked the space provided for answers, which could avoid the attachments often used by applicants. Kuhlmann asked about question # 16 'letters of support." Schmuch asked if that was required. Nasby said that was intended to provide the Commission with support materials from the people served by the project. Eastham said this should be optional. He also asked about investment analysis (pmforma) for housing projects. Nasby directed him to page 3 of the housing application. Ruxton said the value of volunteer labor was not included in the application. Nasby suggested a change to include that category. Purdy suggested wording changes to questions 11, 12 and 14 under Housing. DISCUSSION OF MEETING DATES FOR THE ALLOCATION PROCESS: Nasby passed out a timeline for the allocation process and presentation schedule. He explained the timeline and the corresponding deadlines. He indicated the timeline leaves room for two City Council meetings. Stewart asked about the format for the hearings. Nasby said they last about 15 minutes each, with 5-7 minutes for the presentation and the rest for questions. Schmuch said if there are other questions that need research or documentation the agency/applicant responds in writing afie~vard. Eastham was concerned about the time allocated for presentations. Schmuch said the time has worked in the past. Renquist supported the 5 minute time limit. Nasby said this could be a topic for discussion in January. MONITORING REPORTS: Renquist presented the monitoring report on the DVlP Furniture Project. She said that $7,500 from CDGB was allocated to this project. There was an increase of 38%-40% in the number of households served. Renquist said that the furniture is stored at the Storage Bam and DVlP delivers fumiture to households using their van. Renquist added that the project's concerns were for more storage space and a van for deliveries. Schmuch indicated she had directed a person interested in donating a van to this project. Purdy presented the report on the GICHF Land Acquisition. The project was allocated $107,000 of HOME funds. The project will build houses and lease the land to the individuals when the houses are sold. Nasby said GICHF was planning to follow the Long Term Lease Project done by Metro Area Housing in Cedar Rapids. Purdy said that GICHF has currently bought 2 lots in the Village Green area. They intend to build small, 3 bedroom homes on the lots. The land will be leased at $25 a month. The area is currently mostly duplexes. There are stdct restrictions on selling the homes to lower income households and resale in the future is also restricted to this group. Schmuch summarized the United Way Hearings. The headngs are how the agencies request funding from the City and County governments in the area. Renquist asked what the Commission has done with United Way. Nasby said a portion of our funding ($105,000 in Aid to Agencies) goes to projects associated with the United Way. OLD BUSINESS: Nasby related the summary of the loans and grants that have been awarded by the Community Development Division through the CDBGU-IOME programs, according to the Commission's request. Nasby said that the entire portfolio was too long to be useful so the summary was prepared. Purdy asked about the turn around time for homeownership. Nasby said the average term of homeownership in Iowa City is about 3.5 years, however, the range is wide. He outlined the types of loans and the terms associated with each of those. The grant breakdown was also explained. Eastham asked if this included Housing Rehab. Nasby indicated they keep the archives and all loans and secured grants were inciuded. Stewart asked about the percentage of the Rehab budget that were loans. Nasby said approximately 3~4 of their $450,000 I~dget goes to the secured rehab projects. Stewart questioned the efficiency of the Rehab program citing some examples from the tour. Head explained the greatest need for rehabilitation is often from mobile home residents who have older mobile homes in need of repair and low income, elderly homeowners. NEW BUSINESS: Head indicted the CDBG and HOME funding for next year is down by almost 296. He explained how the funding was allocated. Renquist asked about the homeownership goals set by the President. Nasby said the goal is around 65%, with the push toward non-traditional home owners such as minorities and women-headed households. Nast)y said HUD may let the City keep the flood money if they can come up with a flood related project within 30 days. He added that HUD indicated that land acquisition was at the bottom of their priority list. The Commission was asked to give suggestions of possible flood projects in the City. ADJOURNMENT: Steward moved for adjournment. Eastham seconded. The motion passed unanimously. HU~ RIGHTS COMMISSION Minutes of December 16, 1996 Meeting COMMISSION MEMBERS PRESENT: Alison Ames Galstad, Chair; Tom Dickerson, Pat Harvey, Joan Jehle, Diane Martin, Ann Shires NEW COMMISSION MEMBERS PRESENT: Derek Hall, Mary Tyson, Jan Warren STAFF PRESENT: CALL TO ORDER: Heather Shank, Coordinator; Eleanor Dilkes, Kaci Carolan Chairperson Galstad called the meeting to order at 7:01PM . APPROVAL OF MINUTES: The minutes of the December 16, 1996 meeting were approved as written. Martin/Peery. RECOMMENDATIONS TO CITY COUNCIL: '~eC mlnu~-~ ~o-~l~ INTRODUCTION OF NEW COMMISSION M~ERS: Chairperson Galstad introduced each new member and asked that each tell the Commission a little about themselves. Hall, Tyson and Warren begin their terms on the Commission effective January, 1997. RECOMMENDATIONS TO CITY COUNCIL: Galstad reminded Commission members that some discussion regarding the City's Affirmative Action Plan took place at the November Commission meeting & shedistributed copies of a proposed recommendation based on the previous discussion. Peery, who had volunteered to research and study past City of Iowa City affirmative action reports, asked to share his findings with the Commission. Peery reported that his analysis revealed the following: The city needs a policy to establish an annual review or semi-annual review of th~reports to determine what progress, if any, has been made in hiring for the city; the report is to be completed each year and forwarded to Washington, DC but reports for the years 1992 and 1994 were missing from the packet which was provided for Peery by the Human Resources Department.(Peery had requested the reports for the past 6 years). Peery created spreadsheets for reports provided to him and randomly selected 1991, 1993 and 1995 as the years to be analyzed. Peery stated that it is clear from these records that very few minorities have been hired by the City of Iowa City over the past 6 years. Peery made the following recommendations to alleviate the current situation: A commitment by the City of Iowa City and its administrators to change the diversity of this city's employees; A committee to develop better recruitment techniques; the hiring of an individual to recruit for the City if the current Human Resources Department cannot absorb this specialized assignment. Shank reported that Carolan has been very helpful in providing names and addresses of publications to be used for minority recruitment. Peery stated that advertising for minority applicants is one thing but getting results is another and that is why there needs to be a monitoring system. The goal is actually hiring competent minority employees not simply advertising job openings to them. Martin suggested that several Human Rights Commissioners could review and monitor hiring reports quarterly or semi-annually if it was appropriate for them to do so. Galstad entertained a motion to combine her recommendations and those of Peery to forward to the City Council. Dautremont/Peery. Page 2 Hinutes of December 16, 1996 meeting H~mon Rights Commission DIVERSITY TEAM: Galstad reported that the Diversity Team Committee met on Monday, December 9th and are nearly ready to contact the core group of 15 members to meet in January with a second meeting to follow in February. Galstad read the Mission Statement to the Commission. The members of the core group will be from the various segments of the community at large, The final diversity team will be a much larger group representing the community. ~he study circle concept is being considered for use with the larger team as a way of focusing on separate issues which need to be explored. MARTIN LUTHER KING WEEK: celebration in January. Friday, January 3 from 2-4: Saturday, January 4 at 12: Wednesday, January 8 at 2: Friday, January 10 at 2: Tuesday, January 14 at 2: Wednesday, January 15 at 7: Thursday, January 16 at 7: Shank distributed a revised schedule of events for the Events scheduled at the Senior Center are: Opening of a photographic exhibit: Martin Luther King and the civil rights movement: Perspectives in the 1990s. This exhibit will be available for viewing through January 16 during regular Senior Center hours. A musical tribute to Rev. Martin Luther King, Jr. The Bethel AME church choir will present their tribute. UI Vice President Emeritus Phillip G. Hubbard will discuss The Shadow of Hate; A History of Intolerance in America. Susan L. Mask, Assistant to the President and Affirmative Action Director at the University of Iowa will present America's Civil Rights Movement: A Time for Justice. Gary L. Lawson, President of Connect Foundation, Des Moines will present The Journey from Africa to Amer£ca, University of Iowa professor of law, Adrien Wing will discuss Martin Luther King's Legacy: Beyond the Year 2000. University of Iowa professor of law, Joe H. Knight will present Civil Rights: Remembering the Past and Moving Forward. This event will be in Meeting Room A of the public library. All earlier events will be held in the Iowa City/Johnson County Senior Center. Shank appeared at City High on Monday, December 16 to request that junior and senior high students attend. Shires and Jehle will distribute posters, Galstad will make a public service announcement to be shown over the government access channel. Shank requested that all commission members attend as many sessions as possible. CULTURAL DIVERSITY DAY: Cultural Diversity Day on the University of Iowa campus will be celebrated February 8. Dickerson and Martin volunteered to organize the Commission's participation in this annual event. Martin and Hall will set up and take the early session at the table (11-2:30) and Dickerson and Shires will take the 2:30-5:00 shift. REPORTS OF COMMISSIONERS: Galstad reported that she and Shank went to Des Moines to address the State Civil Rights Commission last Friday. They requested that the Commissioc recommend to the state legislature that the protected classes should include sexual o~ea~&~ion. Since the deadline has already passed for the state commission to make recommendations to the legislature for the current year~ ~motion was made and approved that the state commission consider this~their fall retreat as a recommendation for the following year. Shank and Galstad offered to be involved at that time and provide any further information to the Commission. Page 3 Minutes of December 16, 1996 meeting Hu~n Rights Commission Shank distributed copies of the Iowa City H,~n Rights Ordinance to the new commission members. OLD BUSINESS: Jehle suggested that it is not too early to pick a date for the 1997 M-mmn Rights Breakfast in Oc~,~_, ~specially if we do really hope to have Mary Sue Coleman as the speaker. She was unable to accept our invitation last year but has expressed a desire to be asked again. A letter will need to be sent from the Commission to Coleman's office but speaking with her individually would also be good. Shires has indicated that she would be willing to contact Coleman on an individual basis. At this point we are free to work around her schedule and set the date for the breakfast when she is available. NEW BUSINESS: None STATUS OF CASES: Shank reported on the current cases that are being handled by her office. One case was in the process of settlement but fell apart; one is being negotiated at this time; one case is in the Legal department and will be available foilwing that for Team B. Derek Hall will be on Team A; Mary Tyson on Team B and Jan Warren on Team C. NEXT MEETING: The next regular meeting of the Commission will be on Monday, Janury 27, 1997. FAREWELL: Shank thanked Galstad for her support and guidance the past few years during Shank's "initiation" period as the new H,r,~n Rights Coordinat~ .. The Commission also thanked Peery for his contributions this past year. They both will be missed but have promised to keep the Commission on track in the future. 1/16/97 Transcribed by Commission volunteer. IOWA CITY HUMAN RIGHTS COMMISSION HUMAN RIGHTS -- A HUMAN ISSUE December 16, 1996 Recommendation to Council re: City's Affirmative Action Policy In accordance with the Muman Rights Commission's charge "To make recommendations to the City Manager and City Council regarding the affirmative action program of the City" as stated in the By-Laws of the Iowa City Human Rights Commission, we make the following recommendations. 1. The Affirmative Action plan should be revised to include the Equal Employment Opportunity plan for the city. 2. A general statement should be included with the EEO/AA plan, indicating that the policy coincides with the Iowa City Human Rights Ordinance, revised November 1995. 3. The categories in the EEO/AA plan should be expanded to include Gender Identity, to bring the plan in line with the Human Rights Ordinance. 4. An accurate reporting mechanism should be implemented in the near future to facilitate accurate reporting and recordkeeping of workforce statistics. CIVIC CENTER · 410 ERST WASHINGTON STREET · IOWA CITY IOWR 5~' 0 · · ..4 (319) 356-5022 MINUTES PARKS AND RECREATION COMMISSION JANUARY 8, 1997 MEMBERS PRESENT: Barbara Endel, Ken Fearing, Judith Klink, Bruce Maurer, Matt Pacha, Rex Pruess, Allen Stroh, Kathryn Wallace, Ross Wilburn STAFF PRESENT: Terry Trueblood, Mike Moran, Bob Howell, Marilyn Kriz FORNALACTION TAKEN Moved by Pruess. seconded by Wilburn, to approve the December 11, 1996 minutes as written. Unanimous. N~',~ CO~ISSION ~E]~B~S Pacha welcomed the new commission members, Barbara Endel and Kathryn Wallace. APPOINT[iEN~ TO RIVERFRONT & NATURAL AllgAS CONNISSION Trueblood stated in the future the Riverfront and Natural Areas Commission would like this appointment made at the November meeting. He noted previous discussions as to the necessity of having a representative on the RNAC. Pacha asked past representatives for their input. Stroh indicated he had served as a member of the RNAC, and felt the commission should appoint a representative to the extent that when issues surface there would be coordination. Pruess agreed, noting it would foster ties and keep each commission better informed of what each is doing. He indicated the representative is a voting member. Pruess also noted a number of future developments which will involve both commissions, such as the water plant, peninsula area and Montgomery House. Stroh noted the RNAC is a hybrid group consisting of representatives from Johnson County, the City of Coralville and the University of Iowa, as well as Iowa City. Klink stated the commissions have an overlap in interests, and agreed a representative should be appointed. Pacha requested Trueblood's input. Trueblood noted the time commitment. He stated if the majority of the commission feels it is unnecessary to have a representative or there is no member able to make this time commitment, staff could handle the communication aspect by attending meetings when necessary. Pacha noted he would be asking for someone to volunteer to serve on the Parks and Recreation Foundation also. Pacha took a straw poll, with the majority of the members indicating they wish to continue having a representative on the RNAC. No one volunteered to be the commission's representative. Pacha requested that this matter be placed on next month's agenda, at which time he will appoint a member to the Riverfront and Natural Areas Commission. With respect to the Parks and Recreation Foundation, Wilburn volunteered to serve on same. CITY NANAGER'S PROPOSED BUDGET FOR FY98 Trueblood highlighted the City Manager's proposed budget as it relates to Parks and Recreation. He stated the City Council may change the proposals during its budget work sessions. With respect to Administration, Forestry, Cemetery and Government Buildings, there are no significant budget increases, and the proposed budget is substantially as requested at this time. With respect to the Parks Division, the request for one additional full- time Maintenance Worker is not included in the recommended budget at this time; the 480 additional hours for temporary employees and all capital outlay items have been included. With respect to the Recreation Division, the request for one permanent part-time program supervisor is not in the recommended budget at this time; the request for temporary hours and wages and all capital outlay items have been included with the exception of the division's request for five computers being reduced to two computers. The proposed fees and charges for FY98 will go to the City Council next week. With respect to the Central Business District Division, the request for one additional full-time Maintenance Worker is not included in the recommended budget at this time; the additional 2,856 hours for temporary employees, the request for extra trash collection, and all capital outlay items have been included. Trueblood reiterated that this is the City Manager's recommended budget, and that it could be changed by the City Council as they progress through their budget approval process. Trueblood stated every year during the budget review process, a night is set aside for boards and commissions to appear before the City Council to discuss budget issues they feel appropriate, but the date for this session has not been established yet. Pacha noted in the past the commission has urged the City Council to support the Neighborhood Open Space Plan by supporting the department's requests for additional funding to develop and maintain parkland. Open space continues to increase and there is a need for additional staff and equipment to maintain it. He suggested drafting a letter to the City Council. Stroh suggested listing the additional open space that has been acquired, and noted the imminent acquisition of the peninsula and water plant areas. Pruess encouraged same. Pacha indicated he would work on drafting a letter. CEMETERY EXPANSION ISSUE Trueblood referred to the December 18, 1996 memo to the City Manager summarizing staff's understanding of the outcome of the City Council's December 16th work session. A copy of this memo had been previously sent to the commission. Trueblood stated a City Council member has spoken with him and was uncomfortable with the portion of the second paragraph of the memo stating, "the majority of Council members seem to favor a plan that will accommodate lot sales for a minimum of 30 years. There also appears to be support to utilize up to 10 acres of 'Hickory Hill' for cemetery expansion, which would accommodate for more than 30 years of lot sales. I interpret this to mean that the majority of Council members would prefer not to expand the cemetery by more than 10 acres into what we know as Hickory Hill Park." The Council member felt this may not be totally accurate. Trueblood stated he suggested that this member bring the matter up to the City Council at its next meeting to determine if staff's understanding is correct, and if not, what direction should be taken. Trueblood stated he will be meeting with at least one heir of the Galoucher family at Oakland Cemetery/Hickory Hill Park on Thursday, January 16. Staff is also waiting to hear back from a national organization to obtain a list of cemetery design consultants from the midwest. UPDATE ON NERCER PARK GY~NASIU~ FEASIBILITY STUDY Trueblood reported there have been five small group informational meetings and the consultant has conducted 22 one-on-one confidential interviews with 14-15 more planned for next week. He noted this would conclude the feasibility study portion. The consultant will present his findings to the Parks & Recreation Foundation committee on January 23rd. A written report will be mailed to the commission soon thereafter. Plans are for the report to be presented to the commission officially at its February meeting and also to the City Council. CAPITAL I~PROVlgNIg~S A~D OTIiER PE~DI#G PROJECTS/ISSUES Trueblood reported on the following projects/pending issues: Soccer Complex - the irrigation system has been installed, the north access road has partially been completed with the remainder to be completed this spring, and staff will be ordering equipment in the near future. Scheduling is uncertain at this time, but it is anticipated that soccer will be played on these fields this spring. Pruess noted at one time the commission discussed a name for the park. Trueblood stated approximately two years ago the general public was solicited for names and only two suggestions were received. At that time it was determined to put the naming of the park on hold. Napoleon Park - the fields may be playable this season, but it might be advisable to wait until 1998. This would allow the turf areas to have a full growing season. The fencing contract will be awarded this winter, and water lines are to be installed this spring. The primary stumbling block for being able to utilize the park this season might be parking. The parking lot area will be dug up during the next phase of the sewer pipeline project. Central Maintenance Facility - Request for Proposals will be prepared in the near future, with hopes that the facility will be constructed by summer/fall of 1998 for the Forestry, Central Business District and Parks Divisions. Replacement of Parks Superintendent - Bob Howell will be retiring this year and staff will be starting the thought process on reorganizing the Forestry, Central Business District and Parks Divisions. Staff may want to have some involvement from the commission in this process. City Plaza - Staff would like to have the playground equipment in by this summer, but there is some hesitancy to proceed without knowing what is to be done as far as any overall redevelopment or major changes in plaza design/redesign. Various groups are/have been providing input, but no final direction established as yet. The checkerboard area is rapidly deteriorating and should be replaced soon. Other projects staff will be initiating, completing or working on this year is the development of Kiwanis Park, Sturgis Ferry Park, Ned Ashton Park, and the Willow Creek Trail, plus miscellaneous park improvements. Pruess asked if the Neighborhood Open Space Action Plan would be completed soon, with Trueblood noting plans are for the committee to meet in the near future to finalize it and to prioritize areas. Pruess noted a parcel of land for sale in the Miller/Orchard area. Klink stated this is the Ruppert tract that is zoned commercial. CONMISSION ?I~E Klink stated she is working with Marcia Klingaman, the Neighborhood Services Coordinator, to develop a flyer similar to the one circulated to West side neighborhoods encouraging them to support connecting the Willow Creek trail to West High School. This flyer, along with an extended map being developed by the Public Works Department, will be distributed to her neighborhood through the neighborhood association. It will inform parents of the trail which will provide an alternative to students to bike or walk to school. Wilburn received comments from a few families expressing concern about the Mercer Park Aquatic Center pool deck being slippery. They asked about the possibility of installing a rubber pathway. Wilburn encouraged them to write a letter to staff to determine if this would be possible. 4 Pruess noted the action taken at last month's meeting to endorse F.I.R.S.T.'s position and recommendation regarding the proposed Iowa River Trail development between Burlington Street and Sturgis Ferry Park. He stated it was his understanding city staff or City Council or a combination felt there were a number of issues yet to be resolved and due to these and time constraints the project was deferred to 1998. Funds are to be shifted to the Willow Creek trail which will enable it to be moved from 1998 to this year. Pruess asked if development of the Ned Ashton Park would be moved to 1998 also. Trueblood stated he would like to proceed with this project rather than delay it. Pruess also asked if the trail connection from Walden Woods would be completed this year in conjunction with the Willow Creek trail; Trueblood responded that he would like to make it a part of the Willow Creek trail project, if possible. CHAIR'S REPOI~ Pacha noted as Chair he did not have a focal point for the commission this year other than encouraging the commission to continue giving its support to the Mercer Park expansion project and getting it accomplished. DIRECTOR'S REPORT Trueblood reported on the following: City Park Boat Ramp - There appears to be a design problem with the new boat ramp in City Park. Staff has been in contact with the Department of Natural Resources and the contractor, and is in the process of setting up a meeting with the contractor and his design firm to determine how to correct the problem. The contractor is being cooperative, and has indicated a willingness to do whatever it takes to correct any problem that may exist. Moved by Wilburn, seconded by Stroh, to adjourn. meeting was adjourned at 6:15 p.m. Unanimous. The 5