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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/