HomeMy WebLinkAbout1984-03-27 Council minutesInformal Council Discussion
March 12, 1984
Informal Council Discussion: March 12, 1984, 6:30 p.m., in the Conference
Room at the Civic Center. Mayor John McDonald presiding.
Councilmembers Present: McDonald, Strait, Dickson, Ambrisco, Baker, Zuber.
Absent: Erdahl.
Staff Present: Berlin, Helling, Jansen, Karr, Franklin.
Tape Recorded: Reel 84-C22, Side 1, 92 -End.
Planning and Zoning Matters
Weeber Street
Kathy Yen of 953 Weeber Street, representing the Weeber Street, Weeber Circle
and Harlocke neighborhood, requested that an application for downzoning a
portion of the neighborhood be discussed at Tuesday's formal meeting. The
downzoning would establish a buffer zone between the RS -5 and RM -44 zones.
i Council agreed to review this matter during public discussion at Tuesday's
formal meeting.
Rezoning of 30 North Clinton from P to RM -145
Franklin said this property is a church.
Ordinance to Vacate a Public Highway Easement Along Mormon Trek Boulevard
There was no discussion.
Rezoning 20 Acres East of Scott Boulevard, CH to RMH in the County
Franklin said this property is within the two mile limit as recently adopted
by the Fringe Area Policy Agreement. Any rezoning in this area is subject to
City review and comment. The property is owned by Bob Wolf and will be
developed as a manufactured housing park. In response to McDonald, Franklin
explained that only when the property is subdivided could the City impose
urban design standards. Franklin stated that a letter has been drafted to
the Board of Supervisors outlining City recommendations. County staff has
already initiated rezoning of the property because of a change in the County
zoning ordinance.
Resolution Approving Preliminary Plat of Pepperwood Addition Parts 4-7
The Planning and Zoning Commission recommended approval of the preliminary
plat.
Ordinance to Amend Chapter 10.35 of the Code of Ordinances of Iowa City to
This is a first consideration. No discussion.
e Amending the
2
anned Development Plan of Orct
sion
Franklin said an agreement has been signed by the owner of Orchard Court
lots, the Mustons and the City. The Council may chose to waive the second
reading of this ordinance.
Dale Sanderson Correspondence
Berlin noted a letter from Dale Sanderson finalPDHasking
hefCouncil to and 3 public
hearinghearing on an ordinance approving.
Hunters Run Subdivision. Franklin said staff recommends t in ingg thespublic
hearing. This item will be added to the agenda and a public
for
April 10.
Council Time and Agenda
1. Baker inquired about the airport lease to the Iowa City Community School
District of a parcel of land on the Iowa City Municipal Airport (agenda
item 4). Berlin said the Council will not take action on this until
complete review by the FAA. Jansen noted that the FAA raised safety
concerns as well as the rental amount.
il wanted
sche
ssion about the
2 Berlin Environment Committeecresolution to Council agreed Urbanto schedule the
resolution for March 27.
3. In response to Ambrisco, Berlin outlined the location of the easement
that will permit access to the east of the hotel for access to a public
way. Berlin also stated that the walkway building permit has yet to be
issued.
4. issuedlmembers briefly discussed industrial revenue bond information
received during the recent trip to Washington, D.C.
5. Ambrisco suggested distributing copies of the MLC statement, Priorities
for American Cities.
6. Dickson reviewed franchise information received during her recent trip to
Washington, D.C.
Public Hearin on Chan es in the Human Ri hts Ordinance
McDonald reviewed public hearing procedures. There will be a five minute
time rsmbutoshould�notuengageainrs. lengthy diailogueywithethemarification from
spea
Meeting adjourned at 7:00 p.m.
OFFICIAL ACTIONS OF COUNCIL -3/12184
The cost of publishing the following
proceedings & claims is $
Cumulative cost for this ca en ar year or
said publication is $
Iowa City Counciil,sspecial mtg.,
3/12/84, at 7:00 P.M. in the City Council
Chambers of the Civic Center. Mayor
McDonald presiding. Councilmembers
present: Ambrisco, Baker, Dickson,
McDonald, Strait, Zuber. Absent: Erdahl.
A public hearing was held to consider
certain amendments to the Human Rights
Ordinance. The following individuals
appeared: Susan Buckley, 130 N. Madison;
Steve Kromer, 253 Haywood; Clara Oleson,
1326 Muscatine Avenue; Iva Hilleman, 411
S. Summit; Janet Lyness, 15-1/2 S.
Johnson; Tony Shebler, 1015 W. Benton;
Norm Bailey, 919 Talwrn Ct.; Karen Kubby,
914 S. Dubuque; Gene Keckhaefer, 2626
Bartelt Rd.; Debbi Weinberg, 2530 Bartelt
Rd.; Robert Johnson, 2626 Bartelt Rd.;
Stephanie Bails, Bartelt Rd.; Fred
Breckner, 411-1/2 S. Summit; Phoebe
Hunter, 924 E. Market; Steve Ungs, 522 E.
Burlington; Sarah Swisher, 917 Bowery;
Margaret MacDonald, Route 6; Gary Smith,
103 Forest View; Dennis Bobel, 1010
Woodlawn; Phillip Nychay, 802 S. Summit;
Theo Sando, 701 Oaknoll; John Watson, 403
Elmridge; Robert Johnson, 621 S. Johnson;
Gloria Williams, 518 S. Lucas; Bob
Johnston, 935 S. Gilbert; Ann Scupham
Burnside, 715 N. Gilbert; Robert Hibbs,
606 Reno; Cris Gilbert, 22 Forest View;
Connie Johnson, 314 N. Van Buren; Jim
Schwab, 2115 J St.; Duane Rohovit, 721 N.
Van Buren; Tess Catalano, 924 E. Market;
Ann Shires, 301 Woodridge; Jim Rhodes, 552
Hawkeye Drive; Mark Hamer, 119 Washington
Park Rd.; Janet Parrish; and Diane Decker.
Correspondence was received from John
Watson; Margaret and Kenneth MacDonald;
Elizabeth Winbigler; Charles and Iola
Hicks; Michael Blake; John Gnagy; Paul A.
Johnson; Lorna Mathes; Ted Kjaer; Sara
Swisher; Robert Osmundson; E. Norm Bailey;
Robert B. Johnson; Sue Buckley; Ernie
Lehman; Mark T. Hamer; Iva Hilleman; Lyle
W. Miller; Marsha Bergan, Susan Nagl, and
Sally Weyer; Ruth A. Maxwell; Olive Pearl
Ritter; and Mary Wyckoff. (Correspondence
as detailed above was accepted by motion
at the 3/13/84 Council meeting.) Mayor
Official Actions
March 12, 1984
Page 2
McDonald suggested a study group be formed
to review the changes and attempt to reach
a compromise and/or proper balance in
creating an ordinance acceptable to
everyone. He suggested the study group
include representatives of the landlords,
tenants, interested citizens and be
co-chaired by the chairs of the Human
Rights Commission and the Housing Commis-
sion. The Mayor suggested the group
report back to Council no later than May
1. Majority of Councilmembers agreed to
the suggestion. Councilmember Strait
raised opposition to taking any action
that evening.
Moved by Strait, seconded by Baker,
to adjourn 9:45 P.M. The Mayor declared
the motion carried unanimously, 6/0,
Erdahl absent.
A more complete description of
Council activities is on file in the
office of the City Clerk.
s/JOHN CLERKMCDONALD, MAY�R �J
s/MARIAN K. KARR, JCITY OHN CLERK Y 4
Submitted for publication 3/22/84
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
MARCH 12, 1984
Iowa City Council, special mtg., 3/12/84, at 7:00 P.M. in the City
Council Chambers of the Civic Center. Mayor McDonald presiding. Council -
members present: Ambrisco, Baker, Dickson, McDonald, Strait, Zuber.
Absent: Erdahl. Staffinembers present: Berlin, Helling, Jansen, Karr,
Williams. Tape recorded on tape 84-C24, Side 1, 123 -End and Side 2,
1 -End; 84-C25, Side 1, 1 -End and Side 2, 1-388.
A public hearing was held to consider certain amendments to the Human
Rights Ordinance. The following individuals appeared: Susan Buckley, 130
N. Madison; Steve Kromer, 253 Haywood; Clara Oleson, 1326 Muscatine
Avenue; Iva Hilleman, 411 S. Summit; Janet Lyness, 15-1/2 S. Johnson; Tony
Shebler, 1015 W. Benton; Norm Bailey, 919 Talwrn Ct.; Karen Kubby, 914 S.
Dubuque; Gene Keckhaefer, 2626 Bartelt Rd.; Debbi Weinberg, 2530 Bartelt
Rd.; Robert Johnson, 2626 Bartelt Rd.; Stephanie Bails, Bartelt Rd.; Fred
Breckner, 411-1/2 S. Summit; Phoebe Hunter, 924 E. Market; Steve Ungs, 522
E. Burlington; Sarah Swisher, 917 Bowery; Margaret MacDonald, Route 6;
Gary Smith, 103 Forest View; Dennis Bobel, 1010 Woodlawn; Phillip Nychay,
802 S. Summit; Theo Sando, 701 Oaknoll; John Watson, 403 Elmridge; Robert
Johnson, 621 S. Johnson; Gloria Williams, 518 S. Lucas; Bob Johnston, 935
S. Gilbert; Ann Scupham Burnside, 715 N. Gilbert; Robert Hibbs, 606 Reno;
Cris Gilbert, 22 Forest View; Connie Johnson, 314 N. Van Buren; Jim
Schwab, 2115 J St.; Duane Rohovit, 721 N. Van Buren; Tess Catalano, 924 E.
Market; Ann Shires, 301 Woodridge; Jim Rhodes, 552 Hawkeye Drive; Mark
Hamer, 119 Washington Park Rd.; Janet Parrish; and Diane Decker. Corre-
spondence was received from John Watson; Margaret and Kenneth MacDonald;
Elizabeth Winbigler; Charles and Iola Hicks; Michael Blake; John Gnagy;
Paul A. Johnson; Lorna Mathes; Ted Kjaer; Sara Swisher; Robert Osmundson;
E. Norm Bailey; Robert B. Johnson; Sue Buckley; Ernie Lehman; Mark T.
Hamer; Iva Hilleman; Lyle W. Miller; Marsha Bergan, Susan Nagl, and Sally
Weyer; Ruth A. Maxwell; Olive Pearl Ritter; and Mary Wyckoff. (Correspon-
dence as detailed above was accepted by motion at the 3/13/84 Council
meeting.) Mayor McDonald suggested a study group be formed to review the
changes and attempt to reach a compromise and/or proper balance in
creating an ordinance acceptable to everyone. He suggested the study
group include representatives of the landlords, tenants, interested
citizens and be co-chaired by the chairs of the Human Rights Commission
and the Housing Commission. The Mayor suggested the group report back to
Council no later than May 1. Majority of Councilmembers agreed to the
suggestion. Councilmember Strait raised opposition to taking any action
that evening.
Moved by Strait, seconded by Baker, to adjourn 9:45 P.M. The Mayor
declared the motion carried unanimously, 6/0, Erdahl absent.
JOHN MCDONALD, MAYOR
MARIAN K. KARR, CITY CLERK
OFFICIAL ACTIONS OF COUIICIL-3/12184
The cost of publishing the following
proceedings & claims is $
Cumulative cost for this ca en ar year for
said publication is $
Iowa City Council , special mtg.,
3/12/84, at 7:00 P.M. in the City Council
Chambers of the Civic Center. Mayor
McDonald presiding. Councilmembers
present: Ambrisco, Baker, Dickson,
McDonald, Strait, Zuber. Absent: Erdahl.
A public hearing was held to consider
certain amendments to the Human Rights
Ordinance. The following individuals
appeared: Susan Buckley, 130 N. Madison;
Steve Kromer, 253 Haywood; Clara Oleson,
1326 Muscatine Avenue; Iva Hilleman, 411
S. Summit; Janet Lyness, 15-1/2 S.
Johnson; Tony Shebler, 1015 W. Benton;
Norm Bailey, 919 Talwrn Ct.; Karen Kubby,
914 S. Dubuque; Gene Keckhaefer, 2626
Bartelt Rd.; Debbi Weinberg, 2530 Bartelt
Rd.; Robert Johnson, 2626 Bartelt Rd.;
Stephanie Bails, Bartelt Rd.; Fred
Breckner, 411-1/2 S. Summit; Phoebe
Hunter, 924 E. Market; Steve Ungs, 522 E.
Burlington; Sarah Swisher, 917 Bowery;
Margaret MacDonald, Route 6; Gary Smith,
103 Forest View; Dennis Sobel, 1010
Woodlawn; Phillip Nychay, 802 S. Summit;
Theo Sando, 701 Oaknoll; John Watson, 403
Elmridge; Robert Johnson, 621 S. Johnson;
Gloria Williams, 518 S. Lucas; Bob
Johnston, 935 S. Gilbert; Ann Scupham
Burnside, 715 N. Gilbert; Robert Hibbs,
606 Reno; Cris Gilbert, 22 Forest View;
Connie Johnson, 314 N. Van Buren; Jim
Schwab, 2115 J St.; Duane Rohovit, 721 N.
Van Buren; Tess Catalano, 924 E. Market;
Ann Shires, 301 Woodridge;.Jim Rhodes, 552
Hawkeye Drive; Mark Hamer, 119 Washington
Park Rd.; Janet.Parrish; and Diane Decker.
Correspondence was received from John
Watson; Margaret and Kenneth MacDonald;
Elizabeth Winbigler; Charles and Iola
Hicks; Michael Blake; John Gnagy; Paul A.
Johnson; Lorna Mathes; Ted Kjaer; Sara
Swisher; Robert Osmundson; E. Norm Bailey;
Robert B. Johnson; Sue Buckley; Ernie
Lehman; Mark T. Hamer; Iva Hilleman; Lyle
W. Miller; Marsha Bergan, Susan Nagl, and
Sally Weyer; Ruth A. Maxwell; Olive Pearl
Ritter; and Mary Wyckoff. (Correspondence
as detailed above was accepted by motion
at the 3/13/84 Council meeting.) Mayor
Official Actions
March 12, 1984
Page 2
McDonald suggested a study group be formed
to review the changes and attempt to reach
a compromise and/or proper balance in
creating an ordinance acceptable to
everyone. He suggested the study group
include representatives of the landlords,
tenants, interested citizens and be
co-chaired by the chairs of the Human
Rights Commission and the Housing Commis-
sion. The Mayor suggested the group
report back to Council no later than May
1. Majority of Councilmembers agreed to
the suggestion. Councilmember Strait
raised opposition to taking any action
that evening.
Moved by Strait, seconded by Baker,
to adjourn 9:45 P.M. The Mayor declared
the motion carried unanimously, 6/0,
Erdahl absent.
A more complete description of
Council activities is on file in the
office of the City Clerk.
s/JOHN MCDONALO, MAYOR
s/MARIAN K. KARR. CITY CLERK
Submitted for publication 3/22/84
i
W
OFFICIAL ACTIONS OF COUNCIL - 3/13/84
The cost of publishing the following
proceedings & claims is $
Cumulative cost for this calen ar year
for said publication is $
Iowa City Council, reg. mtg.,
3/13/84, 7:30 P.M. at the Civic Center.
Mayor McDonald presiding. Councilmembers
present: Ambrisco, Baker, Dickson,
McDonald, Strait, Zuber. Absent: Erdahl.
Approval of Official Council
Actions of the meeting of 2/28/84, as
published, subject to correction, as
recommended by the City Clerk.
Minutes of Boards and Commis -
Bions: Mayor's Youth Employment
Bd.-2/22/84; Human Rights Comm. -
1/23/84; Airport Conn. -2/15/84;
Broadband Telecommunications Comm. -
1/17/84; United Action for Youth
Bd.-2/15/84; Resources Conservation
Comm. -2/27/84; Library Bd. of Trus-
tees -2/23/84; Planning & Zoning
Conn. -2/9/84, 2/23/84; Committee on
I Community Needs -2/21/84; Housing
Comm. -2/1/84, 2/28/84, 3/7/84;
Riverfront Comm. -1/11/84, 2/22/84.
Permit Motions: Approving Class
B Beer and Sunday Sales for Long John
Silvers #9, 1940 Muscatine Road. Ap-
proving Class C Beer and Sunday Sales
for Eagle Discount Supermarket, #220,
1101 S. Riverside Dr. Approving Class
C Beer and Sunday Sales for Eagle
Discount Supermarket #157, 600 N.
Dodge St. Approving Class C Liquor
and Sunday Sales for Gringos of Iowa
City, 115 East College. Approving
Class C Liquor and Sunday Sales for
BPO Elks #590, 637 Foster Road.
Approving Class C Liquor and Sunday
Sales for The Gas Company Inn, 2300
Muscatine Ave. Approving Class C
Liquor and Sunday Sales for Sheep's
Head Cafe, 209 N. Linn St.
Setting public hearings: To set
a public hearing at 7:30 P.M. on
4/10/84, to consider an ordinance
amending Chapter 17 of the Code of
Ordinance, the Housing Code, by
creating an exemption from the
minimum room size for the second
bedroom of a two-bedroom mobile home;
and by amending the section requiring
approved garbage storage containers
by requiring that said containers be
Official Actions
March 13, 1984
Page 2
stored on the premises served but not
in the front yard, the required side
yard or a parking space. To set a
public hearing at 7:30 P.M. on
3/27/84, on a resolution authorizing
execution of an amended access
easement for Urban Renewal Parcel
64-1b (Hotel).
Motions: approving disbursements
in the amount of $1,878,676.65 for
the period of 1/1 through 1/31/84, as
recommended by the Finance Dir.,
subject to audit.
Resolutions: RES. 84-49, Bk. 81,
pp. 159-164, Authorizing Mayor to
sign and City Clerk to attest an
agreement with the Cedar Rapids and
Iowa City Railway Company regarding
the installation, maintenance,
operation, etc. of a .water pipe
located upon railroad property. RES.
84-50, Bk. 81, pp. 165-170, Authoriz-
ing the Mayor to sign and the City
Clerk to attest an agreement with the
Cedar Rapids and Iowa City Railway
Company regarding the installation,
maintenance, operation, etc. of a
water pipe located upon railroad
property.
Correspondence: William C. Lucas
representing the owner of the Vine
building at the corner of Gilbert and
Prentiss St. IDOT notifying the City
of a signing project on Highway 218.
University of Iowa requesting
vacation of a segment of Melrose Ave.
which lies east of the Byington Road
intersection. Jeff A. Romine re pos-
sibility of using IRS's for the
revitalization of neighborhoods, with
attached study titled "Neighborhood
Partnerships in Action". Committee on
Community Needs re community develop-
ment and housing needs in Iowa City.
William L. Frantz re mandatory
parkland dedication. Petition from
Catherine Axnix and Catherine Niman
re vending in City Plaza.
Applications for Use of Streets
and Public Grounds: Jim Newton to
hold the Old Capitol Criterium
Bicycle Race on 4/29/84 from 6:00
a.m. to 8:00 p.m., approved. Diane
Heindl to picket in front of Emma
Official Actions -
March 13, 1984
Page 3
Goldman Clinic on 3/3/84, approved.
Timothy Ganske to picket in front of
the Emma Goldman Clinic on 2/25/84,
approved.
Moved by Dickson, seconded by
Ambrisco, to set a public hearing on
4/10/84 on the proposed rezoning of
certain property located at 30 North
Clinton Street from P to RM145. The
Mayor declared the motion carried
unanimously, 6/0, Erdahl absent.
A public hearing was held on an
ordinance to vacate a public highway
easement along Mormon Trek Boulevard
realigned.
Moved by Ambrisco, seconded by Baker,
to send recommendation of the Planning
and Zoning Comm. regarding the rezoning
of 20 acres east of Scott Blvd. from CH
to RMH in the County to the board of
Supervisors. Councilmembers requested the
recommendation strongly encourage compli-
ance with urban design standards. The
Mayor declared the motion carried
unanimously, 6/0, Erdahl absent.
Moved by Strait, seconded by
Ambrisco, to adopt RES. 84-51, Bk. 81,
pp. 171-172, APPROVING THE PRELIMINARY
PLAT OF PEPPERWOOD ADDITION, PARTS 4-7,
LOCATED WEST OF PEPPER DRIVE AND SOUTH OF
THE K -MART AREA. Affirmative roll call
vote unanimous, 6/0, Erdahl absent. The
Mayor declared the resolution adopted.
Moved by Ambrisco, seconded by
Dickson, that the Ordinance to amend
Chapter 10.35 of the Code of Ordinances
of Iowa City to include land annexed
since 1981 in Iowa City precincts, be
given first vote for passage. Affirma-
tive roll call vote unanimous, 6/0,
Erdahl absent. The Mayor declared the
motion carried.
Moved by Zuber, seconded by Dickson,
that the rule requiring that ordinances
must be considered and voted on for
passage at two Council meetings prior to
the meeting at which it is to be finally
passed be suspended, that the second con-
sideration and vote be waived and that
ORD. 84-3176, Bk. 21, pp. 94-96, AMENDING
THE PLANNED DEVELOPMENT PLAN OF ORCHARD
COURT SUBDIVISION, LOTS 7 AND 8, be voted
on for final passage at this time.
Affirmative roll call vote unanimous,
Official „ctions
March 13, 1984
Page 4
6/0, Erdahl absent. The Mayor declared
the motion carried. Moved by Zuber,
seconded by Dickson, that the ordinance
be finally adopted at this time. Affirma-
tive roll call vote unanimous, 6/0,
Erdahl absent. The Mayor declared the
ordinance adopted.
Moved by Strait, seconded by Dickson,
to set a public hearing on 4/10/84, on an
ordinance approving the final PDH Plan
for Parts 2 and 3 of Hunters Run Subdivi-
sion. The Mayor declared the motion
carried unanimously, 6/0, Erdahl absent.
A public hearing was held regarding a
lease to the Iowa City Community School
District of a parcel of land on the Iowa
City Municipal Airport for a one-year
term with options to renew for 21
additional years.
Dan Bray, 948 Weeber St., appeared
representing 63 neighborhood owners and
requested Council refer their rezoning
request to the Planning and Zoning
Commission for consideration at their
April 5th meeting: Moved by Zuber,
seconded by Strait, to refer the down -
zoning request for approximately 10 acres
east of Weeber Street to the Planning and
Zoning Commission for review and recom-
mendation to Council. The Mayor declared
the motion carried unanimously, 6/0,
Erdahl absent.
The Mayor announced the following
vacancy: Parks & Recreation -one vacancy
for an unexpired term ending l/l/85.
This appointment will be made at 4/24/84
City Council meeting. Councilmember
Dickson reported on the National League
of Cities conference in Washington and a
seminar re Women in Government. Council -
member Ambrisco noted the memo from the
City Manager stating that because of the
low bids received from transit coaches an
additional bus would be purchased and
questioned routes being expanded to the
southwest side. The City Mgr. replied a
memo would be sent to Council re route
expansion within the next couple of
weeks. Ambrisco questioned the memo from
Asst. City Atty. Brown re discrimination
in private clubs. Baker noted the vacancy
in the Police Dept. and encouraged a
strong minority recruitment. Baker
mentioned two letters on the Consent
Official Actions
March 13, 1984
Page 5
Calendar, item 4 from Jeff Romine and
item 5 from Committee on Community Needs,
and suggested the two groups get to-
gether. Baker questioned the payment for
radio ads in the January disbursements.
Staff will report back. Councilmember
Zuber requested that the matter of
Council actions when member(s) are
missing be scheduled for informal
discussion. Councilmember Strait noted
the memo from the Library Director re af-
firmative action and reiterated his hope
that the dept., along with the Fire
Dept., would show better results next
year. Mayor McDonald questioned the memo
from the Planning and Program Dept. re
the multi -family housing survey. The City
Mgr. reported that the survey is done
each year to assess the significant
changes in the market and is funded with
departmental funds. Councilmembers
discussed acquiring additional informa-
tion in the survey. The Mayor questioned
the memo and resolution re inspection
fees for the Camp Cardinal Road Bridge.
City Engr. Farmer explained that staff
was already involved in a number of
projects such as the Iowa Avenue Bridge
and the Dept. was understaffed to take on
another project at this time. The Mayor
noted that a motion should be made to
accept the correspondence from the public
hearing on the Human Rights Ordinance
held last evening. Moved by Dickson,
seconded by Strait, to accept all corre-
spondence as presented and to make it
part of the public hearing on proposed
changes to the Human Rights Ordinance
held 3/12/84. The Mayor declared the
motion carried unanimously, 6/0, Erdahl
absent. (Correspondence detailed in
minutes of 3/12/84.) Councilmember Zuber
requested a transcript of the hearing be
furnished to Council prior to considera-
tion of the ordinance. The City Clerk
stated that a complete transcript would
require additional staff. Council
requested the notes be sent to them and
will request additional information if
necessary.
Moved by Strait, seconded by Dickson,
that the following recommendation from
the Committee on Community Needs re that
Committee's bylaws be forwarded to the
Official Actions
March 13, 1984
Page 6
Rules Committee: Article 1. Amend Section
1. Re ular Meetings. to read: Regular
meetings o its Committee shall be held
monthly. Amend Section 3. Place of
Meeeettin s.� to read: Meetings 5-7—Fe
held i; the Iowa City Public Library or
any other public meeting place. A
resolution was approved by Council
6/22/82 changing Article 2. Section 1.
Membership. to rea :�TFe—Committee on
omm� unite Needs shall consist of 11
members; term of membership shall be 3
years. Therefore, no action is necessary
on this recommendation. The Mayor
declared the motion to refer the first
two amendments to the Rules Committee
carried unanimously, 6/0, Erdahl absent.
Moved by Zuber, seconded by Strait,
to adopt RES. 84-52, Bk. 81, pp. 173-177,
AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST AN AGREEMENT WITH
THE WILLOW CREEK NEIGHBORHOOD CENTER,
INC. FOR THE USE OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR PURCHASE OF A
HANDICAPPED PASSENGER VAN. 'Affirmative
roll call vote unanimous, 6/0, Erdahl
absent. The Mayor declared the resolution
adopted.
Moved by Zuber, seconded by Ambrisco,
to adopt RES. 84-53, Bk. 81, p. 178,
ESTABLISHES WILLOW CREEK COURT AS THE
NAME OF THE FRONTAGE ROAD ALONG HIGHWAY
Al SOUTH, FROM SUNSET STREET TO WILLOW
CREEK DRIVE. Affirmative roll call vote
unanimous, 6/0, Erdahl absent. The Mayor
declared the resolution adopted.
Moved by Dickson, seconded by Zuber,
to adopt RES. 84-54, Bk. 81, pp. 179-184,
AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST AN AGREEMENT WITH
MMS CONSULTANTS, INC. OF IOWA CITY, IOWA,
FOR THE INSPECTION SERVICES FOR THE CAMP
CARDINAL ROAD BRIDGE RELOCATION PROJECT.
Affirmative roll call vote unanious, 6/0,
Erdahl absent. The Mayor declared the
resolution adopted.
Moved by Zuber, seconded by Dickson,
to adopt RES. 84-55, Bk. 81, p. 185,
ESTABLISHING FEES FOR CITY PLAZA USE
PERMITS. Affirmative roll call vote
unanious, 6/0, Erdahl absent. The Mayor
declared the resolution adopted.
L.
Official Actions
March 13, 1984
Page 7
Moved by Dickson, seconded by Baker,
to adopt RES. 84-56, Bk. 81, p. 186,
AMENDING THE AUTHORIZED PERMANENT
POSITIONS IN THE TRANSIT DEPARTMENT.
Affirmative roll call vote unanimous,
6/0, Erdahl absent. The Mayor declared
the resolution adopted.
Moved by Dickson, seconded by
Ambrisco, to adjourn 8:45 P.M. the Mayor
declared the motion carried, 6/0, Erdahl
absent.
A more complete description of
Council activities is on file in the
office of the City Clerk.
s/JOHN MC DONALD, MAY c z ��J
s/MARIAN K. KARR, CITY CLERK �Xi'C_
Submitted for publication - 3/23/ 4
rt)�Lx� --K. -ko-�
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
March 13, 1984
Iowa City Council, reg, mtg., 3/13/84, 7:30 P.M. at the Civic
Center. Mayor McDonald presiding. Councilmembers present: Ambrisco,
Baker, Dickson, McDonald, Strait, Zuber. Absent: Erdahl. Staffinembers
present: Berlin, Helling, Jansen, Franklin, Farmer, Karr. Council
minutes tape recorded on Tape 84-C25, Side 2, 388 -End; 84-C26, Side 1,
1 -End and Side 2, 1-20.
Moved by Zuber, seconded by Ambrisco, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or
adopted as presented:
Approval of Official Council Actions of the meeting of
2/28/84, as published, subject to correction, as recommended by
the City Clerk.
Minutes of Boards and Commissions: Mayor's Youth Employ-
ment Bd.-2/22/84; Human Rights Comm. -1/23/84; Airport
Comm. -2/15/84; Broadband Telecommunications Comm. -1/17/84; United
Action for Youth 8d.-2/15/84; Resources Conservation
Comm. -2/27/84; Library Bd. of Trustees -2/23/84; Planning & Zoning
Comm. -2/9/84, 2/23/84; Committee on Community Needs -2/21/84;
Housing Comm. -2/l/84, 2/28/84, 3/7/84; Riverfront COM -1/11/84,
2/22/84.
Permit Motions: Approving Class 8 Beer and Sunday Sales
for Common Stock Trust of Ellis I. Levitt and Central Management
Corporation dba Long John Silvers #9, 1940 Muscatine Road.
Approving Class C Beer and Sunday Sales for Lucky Stores, Inc. dba
Eagle Discount Supermarket, #220, 1101 S. Riverside Dr. Approving
Class C Beer and Sunday Sales for Lucky Stores, Inc. dba Eagle
Discount Supermarket #157, 600 Ns for R. Dodge St. Approving Class C
GrQngos of Iowauor and dCitysa115 East CollegeBurApproving Class Restaurant Inc.
Liquor
and Sunday Sales for BPO Elks #590 dba BPO Elks #590, 637 Foster
Road. Approving Class C Liquor and Sunday Sales for D&M Pro-
motions Corporation dba The Gas Company Inn, 2300 Muscatine Ave.
Approving Class C Liquor and Sunday Sales for Sheep's Head LTD.
dba Sheep's Head Cafe, 209 N. Linn St.
Setting public hearings: To set a public hearing at 7:30
P.M. on 4/10/84, to consider an ordinance amending Chapter 17 of
the Code of Ordinance, the Housing Code, by creating an exemption
from the minimum room size for the second bedroom of a two-bedroom
mobile home; and by amending the section requiring approved
garbage storage containers by requiring that said containers be
stored on the premises served but not in the front yard, the
required side yard or a parking space. To set a public hearing at
7:30 P.M. on 3/27/84, on a resolution authorizing execution of an
amended access easement for Urban Renewal Parcel 64-1b (Hotel).
Motions: approving disbursements in the amount of
$1,878,676.65 for the period of 1/1 through 1/31/84, as recom-
mended by the Finance Oir., subject to audit.
Council Activities
March 13, 1984
Page 2
Resolutions: RES. 84-49, Bk. 81, pp. 159-164, Authorizing
Mayor to sign and City Clerk to attest an agreement with the Cedar
Rapids and Iowa City Railway Company regarding the installation,
maintenance, operation, etc., of a water pipe located upon
railroad property (south of Hwy. 6 Bypass). RES. 84-50, Bk. 81,
pp. 165-170, Authorizing the Mayor to sign and the City Clerk to
attest an agreement with the Cedar Rapids and Iowa City Railway
Company regarding the installation, maintenance, operation, etc.
of a water pipe located upon railroad property (near Thomas &
Betts).
Correspondence: William C. Lucas representing the owner
of the Vine building at the corner of Gilbert and Prentiss St. The
Planning Department will reply. IDOT notifying the City of a
signing project on Highway 218. University of Iowa requesting
vacation of a segment of Melrose Ave. which lies east of the
Byington Road intersection. Jeff A. Romine re possibility of
using IRB's for the revitalization of neighborhoods, with attached
study titled "Neighborhood Partnerships in Action". Committee on
Community Needs re community development and housing needs in Iowa
City. William L. Frantz re mandatory parkland dedication, referred
to City Mgr. for reply. Petition from Catherine Axnix and
Catherine Niman re vending in City Plaza.
Applications for Use of Streets and Public Grounds: Jim
Newton to hold the Old Capitol, Criterium Bicycle Race on 4/29/84
from 6:00 a.m. to 8:00 p.m., approved. Diane Heindl to picket in
front of Emma Goldman Clinic on 3/3/84, approved. Timothy Ganske
to picket in front of the Emma Goldman Clinic on 2/25/84, ap-
proved.
Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor
declared the motion carried and repeated the public hearings as set.
Moved by Dickson, seconded by Ambrisco, to set a public hearing on
4/10/84 on the proposed rezoning of certain property located at 30 North
Clinton Street from P to RM145. The Mayor declared the motion carried
unanimously, 6/0, Erdahl absent.
A public hearing was held on an ordinance to vacate a public
highway easement along Mormon Trek Boulevard realigned. No one appeared.
Moved by Ambrisco, seconded by Baker, to send recommendation of
the Planning and Zoning Comm. regarding the rezoning of 20 acres east of
Scott Blvd. from CH to RMH in the County to the board of Supervisors.
Staffinember Franklin present for discussion. Councilmembers requested the
recommendation strongly encourage compliance with urban design standards.
The Mayor declared the motion carried unanimously, 6/0, Erdahl absent.
Moved by Strait, seconded by Ambrisco, to adopt RES. 84-51, Bk.
81, pp. 171-172, APPROVING THE PRELIMINARY PLAT OF PEPPERWOOD ADDITION,
PARTS 4-7, LOCATED WEST OF PEPPER DRIVE AND SOUTH OF THE K -MART AREA. The
Council Activities
March 13, 1984
Page 3
City Clerk noted the corrected resolution as distributed. Affirmative
roll call vote unanimous, 6/0, Erdahl absent. The Mayor declared the
resolution adopted.
Moved by Ambrisco, seconded by Dickson, that the Ordinance to
amend Chapter 10.35 of the Code of Ordinances of Iowa City to include land
annexed since 1981 in Iowa City precincts, be given first vote for
passage. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The
Mayor declared the motion carried.
Moved by Zuber, seconded by Dickson, that the rule requiring that
ordinances must be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be finally passed be
suspended, that the second consideration and vote be waived and that ORD.
84-3176, Bk. 21, pp. 94-96, AMENDING THE PLANNED DEVELOPMENT PLAN OF
ORCHARD COURT SUBDIVISION, LOTS 7 AND 8, be voted on for final passage at
this time. Affirmative roll call vote unanimous, 6/0, Erdahl absent. The
Mayor declared the motion carried. Moved by Zuber, seconded by Dickson,
that the ordinance be finally adopted at this time. Affirmative roll call
vote unanimous, 6/0, Erdahl absent. The Mayor declared the ordinance
adopted.
Moved by Strait, seconded by Dickson, to set a public hearing on
4/10/84, on an ordinance approving the final POH Plan for Parts 2 and 3 of
Hunters Run Subdivision. Franklin noted the Planning and Zoning Commis-
sion had voted unanimously in favor of the request. The Mayor declared
the motion carried unanimously, 6/0; Erdahl absent.
A public hearing was held regarding a lease to the Iowa City
Community School District of a parcel of land on the Iowa City Municipal
Airport for a one-year term with options to renew for 21 additional years.
No one appeared.
Dan Bray, 948 Weeber St., appeared representing 63 neighborhood
owners and requested Council refer their rezoning request to the Planning
and Zoning Commission for consideration at their April 5th meeting. Moved
by Zuber, seconded by Strait, to refer the downzoning request for approxi
-
mately
fO acres east of Weeber review and recommendation to et tCo Council. Tho the e Mayor declareand Zoning d is -
the
motion carried unanimously, 6/0, Erdahl absent. Mr.. Bray thanked Council
for courtesies extended to neighbors re the problem
The Mayor announced the following vacancy: Parks & Recreation
-one vacancy for an unexpired term ending 1/1/85. This appointment will
be made at 4/24/84 City Council meeting.
Councilmember Dickson reported on the National League of Cities
conference in Washington and a seminar re Women in Government. Council -
member Ambrisco noted the memo from the City Manager stating that because
be
purchased. bids
questioned ifnroutes transit could besexpanded an itfor aserviceol us d
to the
southwelied a
would
ent to
Councils reiroute expansion within e of the Cit. The City
next r. pcouple of be
weeks. Ambrisco
questioned the memo from Asst. City Atty. Brown re discrimination in
private clubs. The City Atty. stated Councilmember Baker had requested
Council Activities
March 13, 1984
Page 4
the information. Baker noted the vacancy in the Police Dept. and encour-
aged a strong minority recruitment. Baker mentioned two letters on the
Consent Calendar, item 4 from Jeff Romine and item 5 from Committee on
Community Needs, and suggested the two groups get together. Baker ques-
tioned the payment for radio ads in the January disbursements. Staff will
report back. Councilmember Zuber requested that the matter of Council
actions when member(s) are missing be scheduled for informal discussion.
Councilmember Strait noted the memo from the Library Director re affirma-
tive action and reiterated his hope that the dept., along with the Fire
Dept., would show better results next year. Mayor McDonald questioned the
memo from the Planning and Program Dept, re the multi -family housing
survey. The City Mgr. reported that the survey is done each year to
assess the significant changes in the market and is funded with departmen-
tal funds. Councilmembers discussed acquiring additional information in
the survey. The Mayor questioned the memo and resolution re inspection
fees for the Camp Cardinal Road Bridge. City Engr. Farmer explained that
staff was already involved in a number of projects such as the Iowa Avenue
Bridge and the Dept. was understaffed to take on another project at this
time. The Mayor noted that a motion should be made to accept the corre-
spondence from the public hearing on the Human Rights Ordinance held last
evenicorrespon-
dence prlesented andtomake itded partyoftthetpublicto cheari hearing o
onproposed
changes to the Human Rights Ordinance held 3/12/84. The Mayor declared
the motion carried unanimously, 6/0, Erdahl absent. (Correspondence
detailed in minutes of 3/12/84.) Councilmember Zuber requested a tran-
script of the hearing be furnished to Council prior to consideration of
the ordinance. The City Clerk stated that a complete transcript would
require additional staff. She explained written notes are available as a
guide for locating the proper place on the tape and are not intended as a
summary of individual remarks. Council requested the notes be sent to
them and will request additional information if necessary.
Moved by Strait, seconded by Dickson, that the following recommen-
dation from the Committee on Community Needs re that Committee's bylaws be
forwarded to the Rules Committee: Article 1. Amend Section i. Regular
Meetings. to read: Regular meetings of this Committee shall be held
mo� Amend Section 3. Place of Meetings. to read: Meetings shall
be held in the Iowa City Public Library or any other public meeting place.
A resolution was approved by Council 6/22/82 changing Article 2. Section
1. Membershi . to read: The Committee an Community Ne—e-d"s—sFain consist
of 11 members; term of membership shall be 3 years. Therefore, no action
is necessary on this recommendation. The Mayor declared the motion to
refer the first two amendments to the Rules Committee carried unanimously,
6/0, Erdahl absent.
Moved by Zuber, seconded by Strait, to adopt RES. 84-52, Bk. 81,
pp. 173-177, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN
AGREEMENT WITH THE WILLOW CREEK NEIGHBORHOOD CENTER, INC. FOR THE USE OF
-COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PURCHASE OF A HANDICAPPED
PASSENGER VAN. Affirmative roll call vote unanimous, 6/0, Erdahl absent.
The Mayor declared the resolution adopted.
Counc „ Activities
March 13, 1984
Page 5
Moved by Zuber, seconded by Ambrisco, to adopt RES. 84-53, Bk. 81,
P. 178, ESTABLISHES WILLOW CREEK COURT AS THE NAME OF THE FRONTAGE ROAD
ALONG HIGHWAY 91 SOUTH, FROM SUNSET STREET TO WILLOW CREEK DRIVE.
Affirmative roll call vote unanimous, 6/0, Erdahl absent. The Mayor
declared the resolution adopted.
Moved by Dickson, seconded by Zuber, to adopt RES. 84-54, Bk. 81,
PP. 179-184, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN
AGREEMENT WITH MMS CONSULTANTS, INC. OF IOWA CITY, IOWA, FOR THE INSPEC-
TION SERVICES FOR THE CAMP CARDINAL ROAD BRIDGE RELOCATION PROJECT.
Councilmembers stressed the importance of the not to exceed figure in the
agreement. City Engr. Farmer present for discussion. Affirmative roll
call vote unanious, 6/0, Erdahl absent. The Mayor declared the resolution
adopted.
Moved by Zuber, seconded by Dickson, to adopt RES. 84-55 8k. 81,
P.185,
e
18 voteSTABLISHING FEES FOR CITY AZ unanious, 6/0, Erdahl absent. he Mayor def ,c declared the resolution
adopted.
Moved
seconded
I
P. 186, AMENDING DicksonTHE AUTHORIZED bPERMANENTt POSIadoTIONS IN t RES. 84-56Bk.
TRANSIT
DEPARTMENT. Affirmative roll call vote unanimous, 6/0, Erdahl absent.
The Mayor declared the resolution adopted.
Moved by Dickson, seconded by Ambrisco, to adjourn 8:45 P.M. the
Mayor declared the motion carried, 6/0, Erdahl absent.
IILI;ITIA�UhG11U■_I:I(U:
MINUTES
PARKS AND RECREATION COMMISSION
FEBRUARY 8, 1984
MEMBERS PRESENT: Riddle, Martin, Willis, Steinbrech, Jennings, Dean, Glenister
MEMBERS ABSENT: Crum, Mitchell, Hart
STAFF PRESENT: Showalter, Cassady, Howell, Ray, Harvey
RECOMMENDATIONS TO THE CITY COUNCIL
None.
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN
Moved by Steinbrech, seconded by Jennings, that the January 14 minutes be approved
as written. Unanimous.
DIRECTOR'S REPORT
Showalter updated the Commission members on the January 28 budget meeting. The
requests for pool access equipment for the handicapped, and ceilings for offices
adjacent to the Social Hall have been approved. Funding for lights for the ball
diamond ($22,000) and fencing ($23,500) for Mercer Park has been approved for the
FY85 budget --moved up from FY87. It will be attempted to install the lighting
before the season begins, but doubtful. The swimming pool fund has been approved
in the amount of $1.25 million and "outdoor" has been removed from the title.
The $10,000 gymnasium acquisition fund has been deleted.
Steinbrech asked if there is upcoming discussion with the school district concern-
ing the new swimming pool and Showalter answered that Dave Cronin, Al Cassady,
Neal Berlin and he would be meeting on Friday, February 10, to discuss the use of
the school facilities and the swimming pool.
Dean asked if the schools are paying the Recreation Division for use of the pool
facilities, and Showalter answered that they are not. Dean feels that if they
are going to charge the Recreation Division user fees, we should in turn charge
them equal fees.
Riddle asked Cassady to mention at the meeting that the Recreation Division is
doing the school's job with intramaural programs. Cassady replied that he plans
to mention that Cedar Rapids' schools and the city share this burden and this is
not uncommon. He added that 22 teams take up 11 hours of gym time per week and
we support them in the amount of $2,00043,000 per year, averaging $8410 per hour.
There was considerable discussion concerning the use of West High School and the
Recreation Division's relationship with them. It was Dean's understanding that
West resented the pressure to give up part of their facilities. Showalter
commented that the West problem is long standing. Cassady said he didn't feel
that the Recreation Division had exerted pressure, however, we are having a real
problem accomodating drop-in activity because league play consumes so many hours.
Showalter asked Commission members to note and remember the meeting with the
City Council on February 21 at 6:30 p.m.
1199
PARKS AND RECREATION COMM. ,ION
FEBRUARY 8, 1984
Page 2
On motion by Jennings, seconded by Martin, that the Parks and Recreation expanded
program budget, as exhibited on pages 178 and 179 of the FY85 Operating Budget,
be approved. Unanimous.
The agenda items for the meeting on February 21 with the City Council were discussed
at length with emphasis on parkland dedication. Willis stated that he is not con-
vinced that mandatory parkland dedication is necessary and wants to avoid acquiring
tiny parks. Showalter said that mandatory dedication is only geared toward neigh-
borhood parks and added that he feels there should be a systematic plan for acquiring
parkland. Mandatory dedication would ensure that the funds would be there for acqui-
sition.
Riddle stated that he feels that although developers pay for the parkland under
mandatory dedication, costs are offset by the value of the land increasing.
Willis asked what Ankeny and 'West Des Moines' experience was with mandatory park-
land dedication and Showalter answered that West Des Moines is getting more parkland
than they can maintain. Ankeny's is working very well.
Willis stated that he wants a systematic long range acquisition plan approved by the
City Council. Commission members feel that mandatory dedication is the most feasible
because it is controlled by ordinance. After a lengthy discussion, it was agreed
that Willis would prepare a presentation for the February 21 meeting concerning park-
land and a long term policy concerning a recreation facility and swimming pool.
OTHER BUSINESS
Dean asked what responsibility the Commission has in securing a new swimming pool
and Riddle answered that it is the Commission's responsibility to recommend. Dean
asked if leadership could be exerted to get the ball rolling and Riddle answered
that it could. Dean stated that he feels this is the time to initiate it because
the school district has the funds available, He added that he doesn't feel that
the University should be involved and Riddle said he felt we should get the facil-
ity any way we could. Showalter said that the school district administration feels
that an indoor pool should be built at a junior high school. This would be geo-
graphically impractical with Southeast Jr. High being adjacent to the Mercer pool
and Northwest Jr. High being close to the Coralville pool. There was considerable
discussion among the Commission and staff concerning this issue.
On motion by Willis, seconded by Jennings, that the Chairman appoint a subcommittee
with the express charge to accumulate facts relevant to the indoor and outdoor pool
needs, and put together such data as would be required to make a formal presentation
Unanimous.
Chairman Riddle appointed Harry Dean as Chairman and Martin, Jennings and Cassady as
members of the subcommittee.
Cassady outlined the proposed annual swim pass fee schedule. On motion by Jennings,
seconded by Dean, that the proposed fee schedule be approved. Unanimous.
On motion by Steinbrech, seconded by Jennings, to adjourn at 9:00 p.m.
Dee Narvey
1
AGENDA
PARKS
AND RECREATION COMMISSION
WEDNESDAY,
MARCH 14, 1984
7:00 P.M.
MEETING ROOM B
ROBERT A.
I
LEE COMMUNITY RECREATION CENTER
7:00
- 7:05
Minutes
7:05
- 7:15
Public Discussion
7:15
- 7:30
Hunter's Run Subdivision - Knight
7:30
- 7:40
Committee Reports
7:40
- 7:45
Chairman's Report
7:45
- 7:50
Director's Report
7:50
- 7:55
Other Business
7:55
Adjourn
MINUTES
HOUSING APPEALS BOARD
FEBRUARY 14, 1984
MEMBERS PRESENT: Al Logan, Fred Krause, Beth Ringgenberg, Charlene Knox-
Renfield
MEMBERS ABSENT: Goldene Haendel, Janet Schlechte
STAFF PRESENT: David Malone, Kelley Vezina, David Brown, Michael Kucharzak,
Judy Hoard
SUMMARY OF DISCUSSION AND ACTION TAKEN:
Krause called the meeting to order. Ringgenberg made a motion to approve the
minutes of the December 13, 1983, meeting. Logan seconded the motion. The
motion carried. Logan made a motion to approve the minutes of the January 10,
1984, meeting. Ringgenberg seconded the motion. The motion carried.
APPEAL OF THEONE LEWIS, 629 NORTH GILBERT:
Present: Marion Neely, John Snethen, James Butler
Inspector Malone reported to the Board that he had conducted a complaint
inspection at 629 North Gilbert on August 25, 1983. Of the violations cited at
that time, one of them had not yet been corrected and the the property had been
made eligible for rent escrow as the allotted time given for the correction of
the violation had expired. The violation that was the basis for the rent
escrow is Chapter 17-7.A., ceiling not maintained such that it may be kept
clean and sanitary, apartment i2, living room ceiling is waterstained and tiles
are sagging and bedroom ceiling is water stained. Inspector Malone stated that
when he conducted the complaint inspection the tenants had placed buckets to
catch the water leaking from the ceiling. Mr. Neely, the attorney for the
owner, stated that the roof had been repaired and it would not be known until
the snow melted if the repair would correct the problem. He requested that the
Board grant an additional 90 days to determine if the leaks in the ceiling were
corrected. Inspector Malone stated that he had conducted a reinspection in
December and that the problem still existed and leaking was occurring.
John Snethen, a tenant in the affected apartment, stated that the roof had been
repaired on October 13, 1983, and that on November 14, 1983, he told Mrs.
eac
Lewis, the owner, that the roof was still leaking. He stated that this problem
had been going on for several years and that h time only a patch type
correBoardction had been ma. Aothethat this problem
had nbeenrgoing tenanonpfor efiveJyears ames Band ethattated to h
each timea
permanent correction had not been made, only the application of coal tar. Mr.
Neely explained to the Board that Mrs. Lewis received an estimate from a
professional contractor to correct the problem but when she found out the
amount her husband stated that he would make the repairs for her.. There was
discussion concerning rent escrow eligibility and Assistant City Attorney Brown
read to the Board the section of the Housing Code dealing with rent escrow.
Assistant Attorney Brown made a recommendation to the Board that they uphold
the rent escrow eligibility with the tenant's agreeing to wait 45 days before
establishing the escrow account thereby allowing time for the roof repairs to
be made. Mr. Neely requested that the Board not uphold the rent escrow eiigi-
X00
Housing Appeals Boaru
February 14, 1984
Page 2
bility and allow him time to look further into the matter and see to it that
the proper roof repairs were made. Logan made a motion to uphold the rent
escrow eligibility. Ringgenberg seconded the motion. The motin carried.
APPEAL OF JOHN NOLAN, 204 MCLEAN:
Present: None.
Inspector Malone stated that the appeal request had not been filed within the
ten day filing period. Ringgenberg made a motion to grant appeal rights.
Logan seconded the motion. The motion carried. The appeal will be brought
before the Board at the March 13, 1984, meeting.
APPEAL OF BILL PEARCE, 942 IOWA AVENUE:
Present: None.
Inspector Malone reported to the Board that Mr. Pearce was requesting that the
decision made at the October 11, 1983, Appeals Board meeting be reconsidered as
Mr. Pearce was unable to attend that meeting. Assistant Cty Attorney Brown
stated to the Board that he was concerned about the precedent that might be set
if this case were reheard without any new evidence available. Ringgenberg made
a motion to deny the request for a rehearing which involved Chapter 17-2,
definition of Type III dwelling unit. Logan seconded the motion. The motion
carried.
APPEAL OF GREGORY WILLIAMS, 328 EAST FAIRCHILD:
Present: None.
Inspector Malone stated that he conducted a licensing inspection at
328 -328-1/2 East Fairchild on December 21, 1983. The violation being appealed
was Chapter 17-5.N.(4), lack of minimum seven foot ceiling height. The third
floor room has a ceiling height of 6'11-1/4". Logan made a motion to grant a
variance to Chapter 17-5.N.(4), lack of required seven foot minimum ceiling
height. Ringgenberg seconded the motion. The motion carried.
APPEAL OF MICHAEL HODGE, 30 VALLEY AVENUE:
Present: Michael Hodge.
Inspector Malone stated that he had conducted a licensing inspection at 30
Valley Avenue on August 11, 15 and 16, 1983. The violation being appealed was
Chapter 17-4.(a)(1) and (2), lack of valid Certificate of Structure Compliance
and rental permit. Two dwelling units are being operated in excess of those
units previously licensed by the City. Inspector Malone stated that there had
been a change of ownership of the property and that previously it had been
difficult to obtain floor plans from the owner who he felt had been suffering
from physical and emotional problems and that it was not until the inspection
in August of 1983 that a complete and thorough inspection of the property was
conducted. Mr. Hodge told the Board that he planned to build a 12 dwelling
unit structure next to 30 Valley Avenue and that prior to purchasing the
property he had checked to determine the usage of the property and felt that
there were no problems. He did not feel that there had been any changes made in
the property in the past 15 years and the rental records that had been made
'500
Housing Appeals Boat
February 14, 1984
Page 3
available to him by the previous owner backed up this belief. Ringgenberg
stated that she did not completely understand the violation cited and wished to
know how the property could be licensed to conform with the actual usage.
Inspector Malone stated that the owner could apply for a rental permit for five
dwelling units but that the requirements of the Zoning Code would have to be
met before a rental permit and a Certificate of Structure Compliance could be
issued. Kucharzak stated to the Board that the housing inspection staff cannot
increase the usage of the property if the City records show a different
classification than what actually existed at the property. He stated that it
would be necessary for the new owner to present written documentation to
substantiate his claim that the property had existed in its present usage. Mr.
Hodge told the Board that he did have the rental records of the property with
him and from how he read them there had been no change in 15 years. Logan
wished to know if the other violations at the property were also related to
Chapter 17-4.(a)(1) and (2). Kucharzak stated that it was difficult to say
because in the past accurate floor plans had not been drawn. Inspector Malone
told the Board that when he had conducted the inspection in August 1983 and had
drawn the floor plan of the entire building, what he thought had existed was
not the case. Mr. Kucharzak wished to know if each dwelling unit had its own
complete kitchen and bathroom. Mr. Hodge stated that it did. In view of the
evidence that Mr. Hodge had presented to the Board members regarding the rental
records and the questions that were raised regarding the usage of the property,
Kucharzak stated that he would be willing to research the records made avail-
able to see what the records show in relation to the Zoning Code and the
Housing Code. Logan made a motion to continue the hearing to the March Appeals
Board meeting to allow for further research by the housing staff into the usage
of the property. Ringgenberg seconded the motion. The motion carried.
APPEAL OF JANE ROSS. 1315 LUKIRK:
Present: Jane Ross.
Inspector Vezina reported that he conducted a licensing inspection at 1315
Lukirk on December 5, 1983. The violation being appealed was Chapter
17-5.N.(4), lack of required seven foot minimum ceiling height. Kitchen has a
ceiling height of 6'9". Ms. Ross told the Board that this was her father's
property and as he was in Florida she was requesting on his behalf a variance
from the Board. Knox-Renfield made a motion to grant a variance to Chapter
17-5.N.(4), lack of required seven foot minimum ceiling height. Ringgenberg
seconded the motion. The motion carried.
APPEAL OF JAMES COOPER, 304 RENO:
Present: James Cooper.
Inspector Vezina reported to the Board that there had been a continuation of
this appeal from the January 10, 1984, meeting to allow the Fire Marshal to
inspect the egress situation involving the furnace and the northwest. and
southwest bedrooms. At this point Kucharzak shared with the Board the inspec-
tion that Fire Marhsal Kinney and he had made to the property and the findings
of that inspection. Kucharzak explained to those members who had not been
present at the January meeting that this property was initially one dwelling
unit and had been converted to a duplex with a building permit obtained by Mr.
Cooper to make the conversion. He stated that the violations that were cited
resulted because when the plan check was made on the basement dwelling unit
506
Housing Appeals Boai
February 14, 1984
Page 4
only those rooms which were being remodeled were required to meet the Building
Code. He further stated that the Board had expressed concern over the location
of the furnace in the basement dwelling unit as the furnace closet was the only
access to the no and southwest bedrooms. He told the Board that Fire
Marshal Kinney, upon his inspection, found that there was not a problem
regarding the location of the furance in the access to the bedrooms through the
furnace room. At the time of the inspection Mr. Cooper had agreed to make the
changes necessary in the northwest bedroom to meet the egress requirements and
that he would seek a variance on the violations in the southwest bedroom.
Ringgenberg made a motion to dismiss Chapter 17-5.L.(2), location of heating
unit obstructs egress, based upon the opinion of the Fire Marshal. Knox
seconded the motion. The motion carried.
The next violation presented was Chapter 17-5.J.(1), lack of required natural
light, northwest bedroom, basement unit, lacks window area for natural light,
7.55 square feet present, 10.38 square feet required and Chapter 17-5.K.(2)(b),
n, northwest bedroom, basement unit lacks
lack of required natural ventilatioMr. Cooper indicated that he was willing
window area for natural ventilation.
to enlarge the window in this room to meet the requirements for egressing.
Kucharzak pointed out that the egressing was not a violation but rather the
deficiency of the natural light and ventilation. Krause made a motion to
uphold Chapter 17-5.J.(1), lack of natural light and 17-5.K.(2)(b), lack of
required natural ventilation in the northwest room of the basement. Knox-
Renfield seconded the motion. The motion carried.
Following the vote there was some discussion as to which room had just been
voted on. The consensus was that the motion had only pertained to the north-
west sleeping room of the basement for both the lack of natural light and lack
of natural ventilation.
The next violation to be presented was Chapter 17-5.J.(1), lack of required
natural light and 17-5.K.(2)(b), lack of required natural ventilation. The
southwest bedroom basement unit has 7.47 square feet of natural light, lacking
the required 9.31 square feet of natural light and is also deficient in natural
ventilation. Ringgenberg wanted to know if there was a structural reason why
the window area could not be enlarged in the southwest bedroom in a manner
similar to the method employed for the northwest bedroom. Mr. Cooper stated
that he did not wish to incur the financial expense to enlarge the window in
the southwest room. He stated that because there was a window on the south and
west side of this room, that he felt there was sufficient
im tellight
be deficient can
Inspector Vezina stated that this room was app Y
natural light. b). Loganmade
secondedmotion
the motion ant a The vote on thance to e motion ari -was 212
and 17-5.K.(2)(b). 9
with Knox-Renfield and Ringgenberg opposed to the motion. Discussion continue
with Kucharzak wanting to know if, in fact, there was a deficiency of natural
ventilation in the southwest room. Inspector Vezina requested some time to
recalculate the window measurements.
There
was
statshort
ed recesshat this
time.
Upon reconvening the meeting, or
have
bedroom or the southwest bedroom as being
in
cited either the northwest
of violation idea natural
vethatatiothey�didenota open all the way but ted that he had lwere , double hung
windows
th or sident
Brown
ende
theylmove bto reconsider Atheir adecisionnfor natural eventilationoBoard
the northwest
room and make a new motion to cover both the northwest and the southwest room.
Krause made a motion to reconsider the previous action that had been taken on
Housing Appeals Boa,
February 14, 1984
Page 5
lack of natural ventilation in the northwest bedroom. Knox Renfield seconded
the motion. The motion carried. Ringgenberg then made a motion to dismiss
Chapter 17-5.K.(2)(b), lack of required natural ventilation in both the
northwest and the southwest bedrooms. Logan seconded the motion. The motion
carried.
Knox-Renfield made a motion to grant a variance to Chapter 17-5.J.(1), lack of
required natural light in the southwest bedroom basement unit. Ringgenberg
seconded the motion. The motion carried. Following this vote there was
discussion and a clarification needed by Mr. Cooper as to what violations had
been upheld, dismissed or a variance granted.
APPEAL OF JAMES ALBERHASKY, 421 NORTH GOVERNOR:
Present: James Alberhasky.
Inspector Vezina reported that he conducted a licensing inspection of 421 North
Governor on December 27, 1983. The violation being appealed was Chapter
17-7.Y, overcrowding. Over occupancy of house, five people residing in house.
Mr. Alberhasky told the Board that Don Schmeiser and Bruce Knight from the
Planning and Programming Department had explained to him that he could could
have five unrelated people living at the property. Inspector Vezina told the
Board that at the time of the inspection the maximum number of unrelated people
that could occupy a single family dwelling was four. Mr. Alberhasky continued
by telling the Board that he had been told at a City Council meeting that he
would be able to rent to five unrelated people when the new Zoning Code was
adopted. He said that at the time of the inspection he was renting to four
unrelated people. A discussion followed as to the location of the property and
the zoning classification and number of roomers allowed. Kucharzak stated that
the property was in an RS -8 zone and that in a single family dwelling that zone
would allow three unrelated people. Logan made a motion to uphold Chapter
17-7.Y, overcrowding. Ringgenberg seconded the motion. The motion carried.
Mr. Alberhasky was told that if, at the time of the inspection, four people had
been occupying the property it would not have been a violation but that a grace
period had been established with the adoption of the new Zoning Ordinance to
allow property owners to reduce the number of roomers to that allowed for in
each zoning classification to the correct number by November 30, 1984, and that
four roomers would be accepted as the legal number of occupants until that
time.
APPEAL OF JAMES BUXTON, 802 BOWERY:
Present: James Buxton.
Inspector Vezina reported that he conducted a licensing inspection at 802
Bowery on November 30, 1983. The first violation being appealed was Chapter
17-5.L.(2), location of heating unit obstructs egress. Egress to northwest
bedroom in basement is obstructed by furnace and hot water heater. Mr. Buxton
told the Board that he would vacate this room in its present onusage as a
bedroom. Logan made a motion to uphold Chapter 17-5.L.(2), g
unit obstructs egress. Knox-Renfield seconded the motion. The motion carried.
506
Housing Appeals Boa
February 14, 1984
Page 6
The next violation appealed was
occupied by eight people. Mr.
actually appealing the validity
extension of the lease to his
Knox-Renfield made a motion
Ringgenberg seconded the motion.
r-.
1
Chapter 17-5.N.(2), overcrowding.* Property is
Buxton explained to the Board that he was not
of the violation but was rather requesting an
tenants which ran through July 31, 1984.
to uphold Chapter 17-5.N.(2), overcrowding.
The motion carried.
APPEAL OF NILA HAUG, 336 DOUGLASS COURT:
Present: None.
Inspector Vezina reported that he conducted a licensing inspection at 336
Douglass Court on December 16, 1983. The violation being appealed was Chapter
17-6.A., lack of required access. Access to northwest room, observed usage as
a bedroom, can be gained only by entering north bedroom through garage or
exterior door. Inspector Vezina explained to the Board the location of the
bedroom in question and the violation that existed in accessing to it.
Kucharzak stated that this violation could be solved by discontinuing use of
this particular room as a bedroom. Krause made a motion to uphold Chapter
17-6.A., lack of required access. Logan seconded the motion. The motion
carried.
APPEAL OF JAFAR AND LYNN MOGAOAM, 315 SOUTH GILBERT:
Present: Jafar and Lynn Mogadam.
Inspector Vezina reported that he conducted a licensing inspection on May 16,
1983, and at that time found three dwelling units present. The City records
showed one dwelling unit to be present at the property. The violation cited at
that time was Chatper 17-4, lack of valid Certificate of Structure Compliance
and rental permit. 315 South Gilbert has been operated as a three multiple,
property must conform to zoning regulations before housing violations can be
cited. Inspector Vezina stated that sufficient parking had not been provided
for the number of dwelling units. He stated that a notice of violation had been
received by the owners on January 18, 1984, the violation appealed was Chapter
17-4(a)(1) no valid certificate of structural compliance; Apt. 2 and basement
unit are being occupied without a valid certificate of structure compliance and
rental permit. Vacate both units within 10 days receipt of this notice. Mr.
Mogadam told the Board that he had purchased the property for use as an art
gallery and when he had purchased it, usage was a duplex. Mrs. Mogadam
requested that an extension of time be given to allow the tenant in the
basement to stay through his lease period. Insepctor Vezina stated that there
were several deficiencies in the basement including light and ventilation
deficiencies plus some electrical problems that he had not cited pending the
clarification of the zoning violations. Mr. Mogodam told the Board that when
he had purchased the property he was told it could be used as a four multiple.
Kurcharzak stated that listing that Mr. Mogadam presented showed the property
at the time of the sale as two dwelling units. He told the Board that the
property was on a non -conforming lot, that the new Quik Trip that had been
recently constructed was located legally and that the roof eaves of 315 South
Gilbert extended over the adjoining property and that the south side of the
Quik Trip store was such that the north room on the first floor now had a
problem with natural light and ventilation and there needed to be a fire wall
on the north side of the property.
566
Housing Appeals Boar
February 14, 1984
Page 7
Mrs. Mogadam explained that she had been working with City Planner Franklin in
an attempt to bring the property into compliance with the City Code. She
stated that this was an original catalog house that she and her husband had
purchased for retirement income. She felt that there must be some grandfather
clause that would allow for the property to continue as a duplex. She stated
that they had added the basement dwelling unit after they had purchased the
property but her main concern was for the renter in the basement who would be
moving at the middle of May of this year. She did state that the income from
the remaining two dwelling units was necessary to meet their financial obliga-
tions. Knox-Renfield made a motion to uphold Chapter 17-4, lack of valid
Certificate of Structure Copliance and a rental permit, with an extension given
to May 20, 1984. Logan seconded the motion. Kucharzak stated that the staff
had concerns about the condition of the property that he wished be taken into
consideration. Assistant City Attorney Brown told the Board that he felt that
the motion made should include a time correction given for those violations
that were of immediate importance in being corrected. Mr. Mogadam told the
Board that Inspector Vezina had not informed him of the problems at the
property, only that there was an excess number of dwelling units. Ringgenberg
asked Inspector Vezina if the owners had yet been formally issued a letter
stating the Housing Code violations in the basement unit. Vezina stated that
they had not received notice of the violations in the basement as it was
departmental policy not to legalize a unit that was not in compliance with the
Zoning Code. Ringgenberg stated that she was concerned that the violations
that had not yet been served to. the owners and the appropriateness of allowing
these violations to go uncorrected while the tenant lived there and was, in
fact, paying rent. The vote on the motion was split at 2-2 with Ringgenberg
and Krause opposed to the motion. After further discussion Krause made a motion
to uphold Chapter 17-4(a)(1), lack of valid Certificate of Structure Compliance
and rental permit. Ringgenberg seconded the motion. The motion carried.
APPEAL OF PHYLLIS WILLIAMS 928 EAST DAVENPORT:
Present: Phyllis Williams.
Inspector Hoard reported to the Board that she conducted a request inspection
at 928 East Davenport on December 19, 1983. The first violation appealed was
Chapter 17-5.I.(2)(e), basement unit lacks adequate egress. Lower unit, window
egress is five feet off the ground, should be no more than 44 inches. Window
opening is 1.25 square feet, lacking the required minimum of 24 inches by 36
inches and 15.7 square feet clear opening. Inspector Hoard told the Board that
this was one large living room, bedroom, kitchen area and that one means of
egress was a door from the exterior and that none of the other windows in the
room met the minimum requirement for a window egress. Ms. Williams told the
Board that because of financial limitations she was requesting an extension of
time to correct all of the violations except 17-5.N.(4), lack of required 7'
minimum ceiling height which she was requesting a variance on. When asked by
Krause how much additional time she was requesting she stated around August of
1984. Krause made a motion to uphold Chapter 17-5.I.(2)(e), basement unit
lacks adequate egress, Chapter 17-5.J.(1), lack of required natural light,
Chapter 17-5.K.(2)(b), lack of required natural ventilation, and Chapter
17-7.I., electrical system not maintained in good and safe working condition
with an extension given to August 15, 1984, to correct the violations. Logan
seconded the motion. During the discussion that followed Ringgenberg stated
that she had a question regarding Chapter 17-7.I. and wanted to know if, in
fact, this violation could not be corrected before the August 15, 1984,
500
Housing Appeals Boa,
February 14, 1984
Page 8
extension being discussed.. Inspector Hoard explained that the violation could
be corrected either by moving the refrigerator or by adding an additional
convenience outlet.Krause withdrew his motion and Logan made a motion to
uphold Chapter 17-5.I.(2)(e), Chapter 17-5.J.(1), and Chapter 17-5.K.(2)(b)
with an extension given to August 15, 1984, to correct the violations.
The next violation to be discussed was Chapter 17-7.I. Ms. Williams stated
that she would be willing to correct the violation if there was little expense
involved to the correction. She inquired and was told that the 90 days given
for the correction of the violation was due on April 5, 1984. She felt that
she could comply by this time period. Ringgenberg made a motion to uphold
Chapter 17-7.I., electrical system not maintained in good and safe working
condition. Knox-Renfield seconded the motion. The motion carried.
The next violation to be appealed was Chapter 17-5.N.(4), lack of required
minimum seven foot ceiling height. Lower unit has a ceiling height of 6'11"
Knox-Renfield made a motion to grant a variance to Chapter 17-5.N.(4), lack of
required seven foot minimum ceiling height. Ringgenberg seconded the motion.
The motion carried.
Logan made a motion to adjourn the meeting.
The motion carried.
IL�.a.�%
Minutes pF-epared by Judy Hoard
for Chairperson Fred Krause
Ringgenberg seconded the motion.
I
6V
City Council Legislative Committee and Area Legislators
February 25, 1984 - 7:30 P.M.
City Council Legislative Committee: Joint meeting with area legislators,
February 25, 1984, 7:30 a.m. at Amelia Earhart's Deli. Mayor John
McDonald presiding.
Council Present: McDonald, Ambrisco, Zuber, Dickson
Staff Present: Berlin, Helling, Karr
Iowa Legislators Present: Art Small, Minnette Doderer
Tape Recorded: Reel 84-C27
1. Opened or Broadened Scope of Collective Bargaining
This issue currently in the Senate. Small and Doderer said it is
doubtful that it will get through the House.
2. Local Option Tax
Ambrisco stated there is a need for establishing additional local tax
programs. In response to McDonald, Doderer said that rural legisla-
tors aren't as sympathetic to urban problems.
3. Public Liability
Small said various interest groups have been pressuring legislators
for action regarding public and municipal liability. Insurance
companies have shown a strong interest in this legislation.
4. Municipal Assistance
Small said that it has been recommended to fund municipal assistance
at the same level as last year. Due to the recent budget cuts and
lack of new taxes to increase revenue, increases in allocations are
doubtful. Doderer said they are trying to prevent future cuts like
the governor's recent 2.8% across the board budgetary cut. Small and
Doderer reviewed the gas tax and road use tax fund plans.
5. Fair Play (Mandated Costs)
Legislators generally agree with the Fair Play concept, although Small
said it is unsure if legislation will pass.
6. Public Fund Investment Pool
HF434 would benefit smaller communities by allowing cities to invest
funds jointly with other municipalities. Legislation has been
approved, broadening the cities' ability to invest in Savings and
Loan.
Jt -01
Minutes
City Council Legis. _ive Committee
and Area Legislators
February 25, 1984
Page 2
7. Municipal Anti-trust Liability
HF2335 would protect cities from inappropriate anti-trust challenges.
8. Road Use Tax
No discussion.
9. Civil Service Reform
Doderer stated that cities need to lobby stronger to get Civil Service
laws updated.
10. Veteran's Preference
Councilmembers and legislators discussed the veteran's preference
point system. The City supports a more equitable point system. Small
stated that the governor has been indecisive with this issue. Doderer
said military service organizations are supporting the current
preference system.
11. Standards of Police Conduct
Helling stated that support should be given to allow the City or
County to initiate decertification and not the State.
12. Psychological Counseling for Police
Iowa City opposes the requirement for mandatory police counseling.
13. Mandatory Leaves of Absence
Small and Doderer have not supported this legislation.
14. Land Use
No discussion.
15. Hours for Firefighters
Small said there is a local government movement for reducing fire-
fighters' hours. Support for this bill comes from rural legislators
and firefighters.
16. Elections
Berlin stated that Iowa City is concerned about legislation eliminat-
ing the possibility of a local primary election.
561
i
Minutes
City Council Legis ive Committee
and Area Legislators
February 25, 1984
Page 3
17. World Trade Center
Berlin said that the initial and yearly operating costs have only been
stated in broad general terms. Doderer has not received any feasibil-
ity studies on funding the�.World Trade Center. Doderer said there
hasn't been much support for legislation to allocate funds for the
center.
18. Selection Criteria for CDBG
No discussion.
19. Contract Information
Small said that there has been substantial lobbying for a bill to
require publication of awarding construction or public improvement
contracts. Doderer said that some small town legislators fear adverse
publicity if they vote against the bill.
i
20. Taxicabs
Berlin stated that support for HF2279 has been from Cedar Rapids.
Berlin stated his concerns about anti-trust suits.
i
21. Sanitary Landfills
Berlin said that the alternatives to solid waste disposal may not be
cost effective for small communities.
22. Public Records Law
Hearings are currently being held at the committee level in the
legislature. Berlin emphasized the need for privacy in specific
areas.
23. Alcohol Abuse Funding
In response to Ambrisco, Small said that sales of liquor decrease with
an increase in liquor tax. Concerns were raised about out-of-state
liquor purchases and that loss of revenue.
24. Articulated Buses
Doderer said the House of Representatives has taken care of this
issue.
25. Library Services Levy
Doderer said people dislike additional levies on property taxes.
jO1
Minutes
City Council Legis,_;ive Committee
and Area Legislators
February 25, 1984
Page 4
Tax Pavers Riahts Amendments
Helling asked about the status of the HF2005 Tax Payers Rights
Amendments. The bill would cap the amount of revenue raised through
taxation with a corresponding spending limit.
Bonding
Berlin inquired about HF2325, Repair bill on bonding. Bonding
attorneys are concerned that cities could not pay the administrative
or registration costs for a bond issue out of the money that is
reserved for the bond issue. The money would have to come out of the
general fund.
Public Hearing Notices
Karr inquired about legislation on rezoning public hearing notices.
Meeting adjourned at 9:20 a.m.
5a/