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Home My WebLink About1988-10-18 Regular MeetingR 0 L L C A L L Regular MEETING OF October 18, 1988 AMBRISCO BALMER.• COURTNEY HOROWITZ LARSON MCDONALD 7:30 P.M. PRESENT r/ ABSENT 1 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES October 18, 1988 Iowa City Council, reg. mtg., 10/18/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Larson, McDonald. Absent: None. Staffinembers present: Helling, Timmins, Karr, Schmeiser, Farmer. Council minutes tape recorded on Tape 88-55, Side 1, 1-454. The Mayor proclaimed October 20, 1988, as CREDIT UNION DAY; October/6a,/ 24, 1988, as UNITED NATIONS DAY. /575 Moved by Ambrisco, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Actions of the regular meeting of 10/4/88, as published, subject to correction, as recommended by the City Clerk. /S4 G s Minutes of Boards and Commissions: Design Review Comm.-/ d 7 10/6/88; Bd. of Library Trustees - 9/22/88; Housing Comm. - 9/13/88;15.7 P&R Comm. - 9/14/88; Sr. Center Comm. - 8/15/88; Riverfront Comm. -153'0 8/17/88; Resources Conservation Comm. - 9/12/88. As 9t /,5-'5Z Permit Motions: Approving a Class C Beer Permit for Deli Mart/S3.3 Corp. dba Deli Mart, 525 Hwy. 1 West. Approving a Class C Liquor License for La Casa, LTD. dba La Casa, 1200 S. Gilbert Street./5-44 Approving a Class C Liquor License for Rose and Crown, Inc, dba The/5.A5- Polo he/.s3sPolo Club, 313 S. Dubuque St. Notices: Notice regarding equipment purchase. /58G Resolutions: Bk. 99; RES. 88-214, p. 214, ADOPTING SUPPLEMENT --3 7 NUMBER 37 TO THE IOWA CITY CODE OF ORDINANCES. RES. 88-215, p. 215, 15'3'? ACCEPTING THE SANITARY SEWER AND PAVING IMPROVEMENTS FOR WASHINGTON PARK ADDITION - PART 10. Correspondence: Iowa City Area Development Group expressing the/53 support of the UCAD Board of Directors for the proposed Press -Citizen expansion, proposed rezoning for this project will be considered by the Planning and Zoning Commission at its informal meeting of 10/17/88, and it is anticipated that it will be presented for Council consideration at the meeting of 11/15/88. Memo from the Civil/ yo Service Comm. submitting certified lists of applicants for theme/ following positions: Housing Inspector in Training/Housing &1ss<z Inspection Services; Maintenance Worker III/Streets; Account 15543 Clerk/Accounting; Maintenance Worker III -Data Entry Clerk/Equipment; s41fz Data Processing Mgr.-Finance/Data Processing; Cashier/Finance. s Applications for Use of Streets and Public Grounds: The Salvation Army to have a bell ringer and kettle stand at four/8416 locations in downtown Iowa City during the month of 11/25 through 12/24/88, approved. Minutes Council Activities October 18, 1988 Page 2 Applications for City Plaza Use Permits: Palestine Solidarity L-4 7 Committee to set up a table in City Plaza between the hours of 9:00 a.m. and 3:00 p.m. on 10/7, 10, 12, 14, 17, 19, 21 and 11/2, 4, 7, 9/88, from which to distribute literature and offer crafts for donations, approved. Affirmative roll call vote unanimous, 6/0, all Councilmembers present The Mayor declared the motion carried. Moved by Courtney, seconded by Ambrisco, to set a public hearing for 11/1/88 on an ordinance to vacate Loos Street, an unimproved local street -al extending between Black Springs Circle and Rocky Shore Drive. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Balmer, seconded by Horowitz, to set a public hearing for 11/1/88 on a resolution to amend the 1988 Comprehensive Plan Update to 16'17 change the land use classification of 528 and 530 Iowa Avenue and 15 N. Johnson Street from Residential: 25+ Dwelling Units Per Acre to Mixed Land Use. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Ambrisco, seconded by Horowitz, to set a public hearing for 11/1/88 on an ordinance to rezone 528 and 530 Iowa Avenue and 15 N.155o Johnson Street from RNC -20 to CB -2. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Horowitz, seconded by Ambrisco, to set a public hearing for 11/1/88 on an ordinance to amend the accessory uses section of the Zoning Ordinance to permit manufacturing uses in commercial zones to have 5-3-/ accessory uses. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Balmer, seconded by Courtney, to set a public hearing for 11/1/88 on an ordinance to amend the sign regulations of the Zoning /56.2 Ordinance to permit one large free-standing sign for highway commercial property located near an interstate highway. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Courtney, seconded by Horowitz, that the rule requiring ordinances to 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, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Ambrisco, that the ordinance to vacate a 9,720 square foot portion of the Madison Street right-of-way/5s between Market and Bloomington Streets, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Horowitz, to adopt RES. 88-216, Bk. 99, �55� p. 216, VACATING A PORTION OF CLEAR CREEK SUBDIVISION, NORTH OF HIGHWAY 218 AND WEST OF CAMP CARDINAL ROAD. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Minutes Council Activities October 18, 1988 Page 3 A public hearing was held on plans, specifications, form of contract and estimate of cost for the U.S. 6 and Keokuk Street Intersection /555 Improvement Project. No one appeared. Moved by Ambrisco, seconded by Balmer, to adopt RES. 88-217, Bk. 99, Cp. IAPPROVING PLANS, SPECIFICATIONS, CONTRACT OSTFORTHE U.S. 6AND KEOKUKSTREET INTERSECTION IMPROVEMENT ESTIMATE PROVEMENTPROJECTF/556 ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to make the following appointments: James Muller, 1125 Seymour Ave. and Clark deVries, 516 $./S5 Van Buren Street, re -appointed to the Bd. of Examiners of Plumbers for, , two-year terms ending 12/31/90; Jack Barrows, 1310 Bristol Drive andiza Marcie Roggow, 321 McLean, re -appointed to the Bd. of Appeals for five- year terms ending 12/31/93; appointed Duane E. Means, 120 E. Fairchild/s69 Street and H.V. Cordier, 2415 Walden Ct., to the Sr. Center Commission for three-year terms ending 12/31/91. The Mayor declared the motion carried, 6/0, all Councilmembers present. The Mayor announced that tickets were available for the Annual Human Rights Breakfast to be held Thursday, 10/20, at the Holiday Inn. Everyone/5-40 is encouraged to attend. Moved by Ambrisco, seconded by Balmer, to accept the recommendation of the Design Review Committee that the City Council approve the proposed/56/ awning for 111 South Dubuque Street (A.J. August). The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Courtney, seconded by Ambrisco, to defer for two weeks a resolution of intent to dispose of a portion of Madison Street right -of -/5-42 way between Market Street and Bloomington Street to the University of Iowa and setting a public hearing. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. The Mayor announced that item 13 had been retitled. The City Attorney explained no change had occurred in the actual language of the ordinance but a section number and new article had been incorporated. The ordinance should be amended prior to proceeding with second consideration. Moved by Horowitz, seconded by Ambrisco, to amend the Ordinance Amending Chapter 5 of the Code of Ordinances of the City of Iowa City entitled "Alcoholic Beverages" by changing (5) to read amending 5-45 and not 5-42 as previously indicated and adding (6) incorporating a new article, Article III, into the ordinance. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Councilmember Larson questioned continuing the issuance of dancing permits. Staff will investigate and report back. Moved by Larson, seconded by Balmer, that the ordinance Amending Chapter 5 of the Code of Ordinances of the City of/f-63 Iowa City, Iowa, entitled "Alcoholic Beverages," by (1) Amending Section 5-1 thereof to provide definitions of Restaurant and of Temporary Outdoor Service Area and to update other definitions, (2) by Amending Section 5-6 relating to Dancing Permits for licensed establishments, (3) by Repealing I Minutes Council Activities October 18, 1988 Page 4 Section 5-33 relating to the duration of Permits and Licenses, (4) by Amending Section 5-41 to revise regulations regarding Outdoor Service Areas, and (5) by adopting New Sections 5-45 and 5-49 through 5-52 relating to the regulation of Temporary Outdoor Service Areas and Seasonal and Fourteen -Day Licenses and Permits, and (6) by Incorporating Sections 5-39 through 5-52 into a new article, Article III, entitled "Outdoor Service Areas and Seasonal and Fourteen -Day Licenses and Permits," as amended be given second vote for passage. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Councilmember Larson noted the discussion at Council informal session the previous evening re the Children's Agenda and urged citizens concerned SSG about the fate of children in our city and nation to attend the session scheduled for 10/19 at 4:00 p.m. in the Public Library. Moved by Balmer, seconded by Horowitz, to adjourn 8:00 p.m. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. MARIAN K. KARR, CITY CLERK JOHN McDONALD, MAYOR i City of Iowa City MEMORANDUM DATE: October 1, 1988 TO: Memo for Record FROM: City Manager RE: Material Mailed to Council Only Memorandum from the City Manager regarding pending development issues. Copy of letter from City Manager to Senators Grassley and Harkin and Representative Nagle regarding the Section 312 Housing Rehabilitation Program. ................ . City of Iowa City �- MEMORANDUM DATE: October 12, 1988 TO: Memo for Record FROM: City Manager RE: Material Mailed to Council Only Memoranda from the City Manager: a. Miscellaneous (Chief Miller, Old Music Building - Iowa and Gilbert Streets, Neighborhood Sewers) b. Projects to be accomplished by Public Works Divisions during Octob Notice of meeting of Southeast Iowa Municipal League. Copy of Highlights from the University of Iowa. City of Iowa City f - MEMORANDUM DATE: October 14, 1988 TO: Memo for Record FROM: City Manager RE: Material Sent to Council Only Two articles from Susan Horowitz: a. Cutting Trash Down to Size b. Corporate Investors Helping Low -Income Housing Plans Letter from Iowa Illinois Gas and Electric Company re installation of transformer on Washington Street. Information re The Children's Agenda. Copy of Kegger Ordinance Draft of Planning and Zoning Minutes of 10/6/88 distributed at informal Council session 10/17/88. i IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF OCTOBER 18, 1988 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON i J i I i IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF OCTOBER 18, 1988 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON a AGENDA lJ IOYA CITY CITY COUNCIL A( REGULAR COUNCIL MEETING - OCTOBER 18, 1988 7:30 P.M. �G%race c4 eJ COUNCIL CHAMBERS�� ITEM NO. I - CALL TO ORDER. ROLL CALL. ITEM NO. 2 - MAYOR'S PROCLAMATIONS. a. Credit Union Day, &"v '201 198e t. ungj 'kyl mcl'ob,• V lfAr ITEM NO. 3 - CONSIDER ADOPTION OF THE CONSENT CALENDER AS PRESENTED OR AMENDED. a. Approval of Official Actions of the regular meeting of October 4, 1988, as published, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Design Review Committee meeting of October 6, 1988. (2) Board of Library Trustees meeting of September 22, 1988. (3) Housing Commission meeting of September 13, 1988. (4) Parks and Recreation Commission meeting of September 14, 1988. (5) Senior Center Commission meeting of August 15, 1988. (6) Riverfront Commission meeting of August 17, 1988. (7) Resources Conservation Commission meeting of September 12, 1988. C. Permit Motions as Recommended by the City Clerk. (1) Consider a motion approving a Class "C" Beer Permit for Deli Mart Corp. dba Deli Mart, 525 Hwy. 1 West. (renewal) (2) Consider a motion approving a Class "C" Liquor License for La Casa, LTD. dba La Casa, 1200 S. Gilbert Ct. (renewal) i 9 •,.t I i I Reaoved City of Iowa City MEMORANDUM = DATE: October 17, 1988 TO : City Council and General Public FROM: City Clerk RE : Additions to the Consent Calendar of the October 18, 1988 meeting 3.c.(3) Consider a motion approving a Class "C" Liquor License for Rose and Crown, Inc. dba The Polo Club, 313 S. Dubuque. (new) I AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 18, 1988 PAGE 2 d. Notices. (1) Notice regarding equipment purchase. Comment: As per State law, the City has notified the City of Coralville, the Johnson County Board of Supervisors, and the Iowa City Community School District of its intent to purchase one bulldozer, one motor grader, and seven squad cars. No Council action is required. e. Resolutions. I (1) Consider a resolution adopting Supplement Number 'aI`I 37 to the Iowa City Code of Ordinances. (2) Consider a resolution accepting the Sanitary Sewer and Paving Improvements for Washington Park B a15 Addition - Part 10. Comment: See attached Engineer's Report. f. Correspondence. (1) Letter from the Iowa City Area Development Group expressing the support of the ICAD Board of Directors for the proposed Press -Citizen expansion. The proposed rezoning for this project will be considered by the Planning and Zoning Commission at its informal meeting of October 17, 1988, and it is anticipated that it will be presented for Council consideration at the meeting of November 15, 1988. (2) Memoranda from the Civil Service Commission submitting certified lists of applicants for the following positions: (a) Housing Inspector in Training/Housing & Inspection Services (b) Maintenance Worker III/Streets (c) Account Clerk/Accounting (d) Maintenance Worker III - Data Entry Clerk/Equipment (e) Data Processing Manager - Finance/Data Processing (f) Cashier/Finance AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 18, 1988 PAGE 3 g. Applications for the use of Streets and Public Grounds. (1) Application from The Salvation Army to have a bell ringer and kettle stand at four locations in downtown Iowa City during the month of November 25 through December 24, 1988. (approved) h. Applications for City Plaza Use Permits. (1) Application from the Palestine Solidarity Committee to set up a table in City Plaza between the hours of 9:00 a.m. and 3:00 p.m. on October 7, 10, 12, 14, 17, 19, 21 and November 2, 4, 7 and 9, 1988, from which to distribute literature and offer crafts for donations. (approved) ITEM NO. 4 - PLANNING AND ZONING MATTERS. a. Consider setting a public hearing for November 1, 1988, on an ordinance to vacate Loos Street, an unimproved local street extending between Black Springs Circle and Rocky Shore Drive. (V-8806) Comment: Dr. Jack Moyers, requests the City vacate the unimproved right-of-way to permit acquisition by abutting property owners. At its October 6, 1988, meeting, the Planning and Zoning Commission recommended to approve the vacation by a vote of 7-0. The Commission's recommendation is consistent with that, of staff. Action: AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 18, 1988 PAGE 4 b. Consider setting a public hearing for November 1, 1988, an a resolution to amend the 1983 Comprehensive Plan Update to change the land use classification of 528 and 530 Iowa Avenue and 15 N. Johnson Street from Residential: 25+ Dwelling Units per Acre to Mixed Land Use. (Z-8810) Comment: On October 6, 1988, the Planning and Zoning Commission recommended, on an affirmative motion, to deny the amendment by a vote of 1-6 (Clark voting in favor). This recommendation is consistent with that of staff. / '' Action: / to �� o_utaJ C. Consider setting a public hearing for November 1, 1988, on an ordinance to rezone 528 & 530 Iowa Avenue and 15 N. Johnson Street from RNC -20 to CB -2. (Z- 8810) i Comment: By a vote of 6-1 (Clark voting in the affirmative) the Planning and Zoning Commission at its October 6, 1988, meeting, recommended to deny the proposed rezoning. The Credit Union requests the rezoning to permit an expansion of their present facility located at 500 Iowa Avenue. This application is being forwarded to the Council at the request of the applicant. The Commission's recommendation is consistent with that of staff. Action: QI1l duff% d. Consider setting a public hearing for November 1, 1988, on an ordinance to amend the accessory uses section • of the Zoning Ordinance to permit manufacturing uses in commercial zones to have accessory uses. Comment: The Planning and Zoning Commission, at its October 6, 1988, meeting, recommended to approve the proposed amendment by a vote of 7-0. The proposed amendment provides for accessory uses to manufacturing in commercial zones where manufacturing is permitted. The Commission's recommendation is consistent with that of staff. Action: Q-� duQd AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 18, 1988 PAGE 5 e. Consider setting a public hearing for November 1, 1988, on an ordinance to amend the sign regulations of the Zoning Ordinance to permit one large free-standing sign for highway commercial property located near an interstate highway. Comment: The Planning and Zoning Commission, at its September 15, 1988, meeting, recommended approval of the proposed amendment by a vote of 3-2 (Dierks and Cook voting no). The proposed amendment would permit one free-standing sign for property within 1,000 feet of an interstate highway right-of-way and in the CH -1 zone to be erected to a maximum height of 65 feet and a maximum sign area of 500 square feet or 250 square feet per sign face. The Commission's recommendation is inconsistent with staff. In a letter dated September 26, 1988, Mr. Bill Boyd is requesting the Council give expedited consideration to this proposal. Action: IdV7_z ea 44, ap" &A.J f. Consider an ordinance to vacate a 9,720 square foot portion of the Madison Street right-of-way between Market and Bloomington streets. (V-8805.) (First Consideration) Comment: At its September 1, 1988, meeting, the Planning and Zoning Commission recommended approval of the vacation by a vote of 6-0, contingent upon the University agreeing to reconstruct any portions of an existing sidewalk that may be damaged or removed during construction of the Laser Laboratory Building and to designate a pedestrian easement in the proposed vacated area where it partially or completely covers the sidewalk to assure the perpetual maintenance of the sidewalk. This recommendation is consistent with that of staff. H Action: �/o i AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 18, 1988 PAGE 6 �i3 dllo 9• Consider a resolution to vacate a portion of Clear Creek Subdivision, north of Highway 218 and west of Camp Cardinal Road. (5-8419) Comment: Clear Creek Investment Co. seeks to vacate Parcel C, an approximately 327 acre lot, from the three lot subdivision. By a vote of 7-0, the Planning and Zoning Commission recommended approval of the vacation with the understanding that it does not include the 33 feet of right-of-way along Camp Cardinal Road that was dedicated with the plat in 1984. The Commission's recommendation is consistent with that of staff in a report dated October 6, 1988. Action: Al2ZI 4-zo ITEM NO. 5 - PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORK OF CONTRACT AND ESTIMATE OF COST FOR THE U.S. 6 AND KEOKUK STREET INTERSECTION IMPROVEMENT PROJECT. Comment: This project includes the installation of right - turning lanes on the U.S. 6 eastbound and westbound lanes at Keokuk Street, the widening of Keokuk Street from U.S. 6 south through the Hollywood Boulevard intersection with the associated storm culvert replacement, and the widening of Keokuk Street from U.S. 6 north tapering to match the existing width at Plum Street. Under the U -Step agreement number 88-U-012 between the City and the Iowa DOT, the State will reimburse 55% of the eligible costs of construction to the City. The Engineer's estimate for the total project is $125,000.00, with an estimated $65,300.00 City responsibility. Action: 21.0 e,A-' a 9,&4- C ITEM NO. 6 - CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE U.S. 6 AND KEOKUK STREET INTERSECTION IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: See preceding item. Action: 4m6�,Qaa2 G �1/ IZarf �� ✓. D. eri mdiu� N AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 18, 1988 PAGE 7 ITEM NO. 7 - PUBLIC DISCUSSION. ITEM NO. 8 - CITY COUNCIL APPOINTMENTS. a. Consider appointments to the Board of Examiners of Plumbers: (1) Master Plumber for a two-year term ending December 31, 1990. (James Muller's term ends.) Action: Ao-2&. ,F cie�,�r. YV\Ub,) r l ' -�� (2) Representative of the public for a two-year term n(� ending December 31, 1990. (Clark deVries' term (� ends.) Action: 110-.ol,bk CoAe daLr;o., 1 Ir,,, b. Consider appointments to the Board of Appeals to Fill two vacancies for five-year terms ending December 31, 1993. (Terms of Jack Barrows and Marcie Roggow end.) Action: Atm c. Consider appointments to the Senior Center Commission to fill two vacancies for three-year terms ending December 31, 1991. (Terms of John Bock and Lorraine Dorfman end.) Action: �. �Q woJ Ic`0 E. %�L� SH. IG (M Q�, ) C&t0 A,)i 2141 0.0- AI , C. . U ............. . AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 18, 1988 PAGE 8 ITEM NO. 9 - CITY COUNCIL INFORMATION. I I ITEM NO. 10 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 18, 1988 PAGE 9 ITEM NO. 11 - RECOMMENDATIONS OF BOARDS AND COMMISSIONS. a. Consider recommendation of the Design Review Committee that the City Council approve the proposed awning for 111 South Dubuque Street. Comment: At its October 6 meeting the Committee voted 5 to 2 (Amert and Seiberling voting no and Haupert abstaining) that the Council accept the awning proposal for the A.J. August store, adjacent to City Plaza. A description of the discussion is given in the meeting minutes included in the Council packet. Also included is a sketch of the proposed awning. Council can act on this recommendation by motion. Action: AtwJ, ZA9 .t,W, e� aA r Q�f a—AW ITEM NO. 12 - CONSIDER RESOLUTION OF INTENT TO DISPOSE OF A PORTION OF MADISON STREET RIGHT -OF -HAY BETWEEN MARKET STREET AND BLOOMINGTON STREET TO THE UNIVERSITY OF IOWA AND SETTING A PUBLIC HEARING FOR NOVEMBER 1, 1988. Comment: The University of Iowa has requested that the City dispose of a portion of Madison Street right-of-way between Market Street and Bloomington Street. The University needs to acquire this right-of-way to accommodate construction of the new Laser Laboratory Building. This disposition is contingent upon the University agreeing to reconstruct any portion of an existing sidewalk that may be damaged or removed during construction and to designate a pedestrian easement in the proposed area where it partially or completely covers the sidewalk to assure perpetual maintenance. Action: C".aAv-z QP_.&2 02 6' AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 18, 1988 PAGE 10 ITEM NO. 13 -/CONSIDER AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED 'ALCOHOLIC BEVERAGES,' BY (1) AMENDING SECTION 5-1 THEREOF TO PROVIDE DEFINITIONS OF RESTAURANT AND OF TEMPORARY OUTDOOR SERVICE AREA AND TO UPDATE OTHER DEFINITIONS, (2) BY AMENDING SECTION 5-6 RELATING TO DANCING PERMITS FOR IBJLICENSED ESTABLISHMENTS, (3) BY REPEALING SECTION 5-33 RELATING TO THE DURATION OF PERMITS AND LICENSES, (4) BY AMENDING SECTION 5-41 TO REVISE REGULATIONS REGARDING OUTDOOR SERVICE AREAS, AND (5) BY ADOPTING NEW SECTION 5-42 AND 5-49 THROUGH 5-52 RELATING TO THE REGULATION OF TEMPORARY OUTDOOR SERVICE AREAS AND SEASONAL AND FOURTEEN - DAY LICENSES AND PERMITS. (Second Consideration) Comment: The purpose of this ordinance is to define restaurant and temporary outdoor service areas and sets up rules and regulations re temporary outdoor service areas. Staff recommends adoption of the ordinance. Action: Cid/Q.�,.e��4...e�•f .�� :.� ITEM NO. 14 - ADJOURNMENT. (_K) S„)La CA4 _,__ n 6 ?_ 1C� ��J / :�e (6) Astu> L 6 **l3 (P. a) 9rL du (.. - _ ,,tw»•-L* ✓ ,rte I G 0ti /to Oft� ? zi �. �w,e,se.w/ a-a�.u� �✓ .t�s.G. ��" �#� a/.ecs«. '% �� i �••� �'l �-e ?may �u-�-7 # /3 cp. 31 City of Iowa City MEMORANDUM DATE: October 14, 1988 TO: City Council FROM: City Manager RE: Informal Agenda and Meeting Schedule October 11 1988 Monday 6:30 - 9:00 P.M. Council Chambers 6:30 P.M. - Review zoning matters 6:50 P.M. - Presentation regarding "Children's Agenda" 7:00 P.M. - Iowa -Illinois Gas and Electric Transformer, 100 Block of East Washington 7:10 P.M. - Kegger Ordinance 7:30 P.M. - Recruitment of Assistant City Attorney 7:45 P.M. - Board/Commission Minutes Policy 8:00 P.M. - Council agenda, Council time, Council committee reports 8:10 P.M. - Consider appointments to the Board of Appeals, Board of Examiners of Plumbers, and Senior Center Commission 8:15 P.M. - Executive Session (Land acquisition, pending litigation, collective bargaining) October 18 1988 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers October 31 1988 Monday NO INFORMAL COUNCIL MEETING November 1 1988 Tuesday 6:30 - 7:30 P.M. Council Chambers 6:30 P.M. - Review zoning matters 7:00 P.M. - Council agenda, Council time, Council committee reports 7:15 P.M. - Consider appointments to the Human Rights Commission, Parks and Recreation Commission, and Board of Adjustment 7:30 P.M. - Regular Council Meeting - Council Chambers PENDING ITEMS Leasing of Airport Land for Commercial Use Stormwater Management Ordinance Review East Side Storm Drainage Improvements Environmental Issues re. Land Development Meeting with Johnson County Board of Supervisors - December 1, 1988, 4:00 P.M. Appointments to Airport Commission and Senior Center Commission - November 15, 1988 I CZTM or ZOWA CZTU PROCCatliT AZXON Wha r a a s , Iowa's Credit Unions have contributed to the ecanamg in Iowa with $800 millinn in loans outstanding, and lAha:r e a s , Credit Unions, with their cooperative structure, offer financial services at reasonable and affordable rates to their members, and idiitj�_- rs a s , these arganiaations are committed to helping members through difficult financial times caused bg economic situations affecting industries in Iowa, and 110ha:r a a s , Credit Unions have shown a commitment to the safety and soundness of their movement bg voluntarily capi- talising their own federal share insurance fund, and ivh� rE a s , the 276 Iowa Credit Unions and their more than 575,000 members will be joining with Credit Unions around the world in celebration of the 40th annual International Credit Union Dag, Nx3w , t h z x -a r ur a , 1, Jahn McDonald, Mager of the Citg of Iowa City, Iowa, do hereby proclaim Chursdag, October 20, 1988, as CREi>ZZ UNZON DAA moa Citg and urge all residents to give fitting gnition to the many benefits made available to through Credit Uninns. signed in Iowa City, Iowa, this 18th day of October 1988. 0. /, /Z L., e. 0, OR 6 PROC>CAit AXXON il)here a s , the promotion and prntection of Human Rights and the active participation of the United states Onvernment and peoples in the work of the United Nations are essential to fostering peace and justice in our world, and lldhe re a s , all Americans are called upon bg the President of the United States of America to reflect upon and participate in programs and activi- ties celebrating the forty-third birthday of the United Nations and the fortieth anniversary of the Universal Declarztinn of Human Rights, I Nxxw, hherefirre , 1, Jahn McDonald, Mayor of the City of Iowa City, Iowa, da herebg proclaim October 24, 1988, bo he ilNXTED 3HATZQ1' NO DAM in Iowa Citg and designate Ruby Abebe, the Civil Rights Coordinator far the City of Iowa City, as the 1988 U.N. Dag Chair for the City of Iowa City. signed in Iowa Cibg, Iowa, this 18th bag of October 1988. yar /5�S COUNCIL MEETING OF a,l ,,v if IF,?f ROUTING FOR ORDINANCES, RESOLUTIONS, AGREEMENTS, CONTRACTS, NOTICES. ORIGINAL COPIES XEROX COPIES INSTRUCTION NatnuA ULM OF OF FOR ITEM N FILE H RECR. ITEMS ITEMS FINALIZATION 3e(t) *.IH /hlq. ✓ Res. dir �n9r• ✓ �b — %�i�blish�•%� dub lis 4d — -PtthA''s ale _ 7'ubhs!�"/o y !{ d'21to IIl ✓ Re's. QW 0 R� ✓ fo;. ✓ 411-1 L31(/ 9 /r'uG/ii/ ✓ . ✓/ /o�' rQfo� s Xol Oqol) i Informal Council Discussion October 3, 1988 Informal Council Discussion: The meeting started at 6:35 p.m. Mayor John McDonald presiding. Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Larson, McDonald. Staff present: Atkins, Helling, Karr, Schmeiser, Timmins. Tape-recorded: Reel 88-53, Side 1, 501 -End; Side 2, 1 -End; Reel 88-55, Side 1, 1 -End; Side 2, End -502. CONSENT CALENDAR: Reel 88-53, Side 1 Council agreed to add the following to the Consent Calender: a motion approving an application for a liquor license refund for Farmer's Market; approving a Class B beer permit for American Seafood Partners - Long John Silvers; approving a Class C liquor license for Mama's; approving a Class C liquor license for the Gallery Bar and Restaurant; approving a resolu- tion to issue a cigarette permit for the Gallery Bar and Restaurant; and approving a resolution to issue a dancing permit for the Gallery Bar and Restaurant to the October 4 agenda. PLANNING AND ZONING MATTERS: Reel 88-53, Side 1 A. Schmeiser stated this amendment will allow taller signs in the highway commercial zone and more information will be provided to Council. In response to Horowitz, Schmeiser said that there was a typographical error in the agenda comment and it should refer to a CH -1 zone. Horowitz asked if this only applied to interstate highways. Schmeiser said yes, this only applies to interstates. B. Public hearing on an ordinance to vacate a 9.720 square foot portion of the Madison Street right-of-way between Market and Bloomington Schmeiser stated this ordinance will vacate a 24 foot by 405 foot strip of property along Madison Street for the purpose of construct- ing a laser facility. Schmeiser said vacation includes a portion of the sidewalk along the right-of-way, it is staff's and Planning and Zoning Commission's recommendation that a perpetual easement be established for a sidewalk to be constructed by the University after completion of the laser facility and, staff recommends that Council vote on an agreement prior to the final adoption of this ordinance. PJ C. Ordinance to amend Chapter 36-23 of the Zoning Ordinance, the Commercial Intensive Zone. Schmeiser said this would allow greater square footage for manufac- turing use in this commercial zone. Schmeiser said expedited consideration of this ordinance has been requested. Schmeiser said a wording change was made to clarify the meeting of "manufacturing portion" of the ordinance. Clarifying language was added to define "manufacturing portions" as manufacturing as a principal use and not accessory use to principal use. Ambrisco asked if five or six Council votes are needed for expedited consideration. McDonald stated six votes are needed to approve waiving of the second reading. Horowitz asked if Council will rescind action taken on this ordinance if the business does not move in. Horowitz stated that she asked that performance standards be applied because of the business's proximity to residents. Horowitz asked how this application of the ordinance would be monitored and evaluated. Schmeiser said the merits of the ordinance should be considered and not the particular use. Schmeiser stated the manufacturing use must comply with same performance standards as for commercial use. Schmeiser said the ordinance specifically states that if there is any question regarding the particular use complying with the performance standards of the ordinance, the City can require a registered professional engineer to certify that the use will be in compliance with the performance standards. D. Recommendation of the Planning and Zoning Commission regarding a Schmeiser said the residence is to be located on a tract taken out of a larger farmstead for the purpose of building a residence in place of the existing farm residence. Schmeiser said the rezoning will not take land out of agricultural production, it was staff's and Planning and Zoning Commission's recommendation that Council forward the recommendation for approval to the Johnson County Board of Super- visors. E. Recommendation of the Planning and Zoning Commission to restrict No Council comment. REORGANIZATION OF LEGAL DEPARTMENT: Reel 88-53, Side 1 McDonald stated Council received Timmins' September 9, 1988, confidential memo regarding staffing needs. McDonald stated two issues of concern are the proposal to add a fourth full-time attorney and Boyle's reclassifica- tion. McDonald stated that he does not support adding another full-time attorney at this time. McDonald asked if some of the work could be contracted out to alleviate the demanding work load. Timmins said the Legal Department has made extensive use of outside legal counsel and could continue to do so. Timmins explained that work related to property acquisitions for the sewer project is complex and difficult and said that the smaller property acquisitions could be handled by outside counsel. Timmins explained that the paper work for condemnations could be done by City legal staff but court appeals can be assigned to outside counsel. He recommended against assigning condemnation work for the Compensation Commission to outside counsel. McDonald stated that Boyle is a valuable member of the City's legal staff. In response to McDonald, Timmins stated that Boyle could be moved from the administrative pay plan to the execu- tive pay plan to provide Boyle with additional compensation, allowing the City Council to directly set Boyle's pay. Timmins also suggested that Boyle's position should have a new title to reflect the constitutional and land use planning duties. An annual resolution would be required to set the pay of the new position, similar to the current practice with City Manager, City Clerk and City Attorney. Horowitz said that she wondered what is done when a position is created, if the image of the person can be separated from the position, and if that position is still going to remain that subject matter with the title and renumeration. In response to Larson, Atkins stated that as a governmental agency the City Council attempts to provide an overall pay plan. Atkins stated that traditionally the executive pay plan has been reserved for departmental directors and the cost of living and bonus system are also methods for compensation. Balmer asked if Boyle received a pay raise for this fiscal year. Timmins stated Boyle received a 3% cost of living increase and has been at the top of his pay scale for several years. Atkins stated there is a reclassification process whereby the employee has to demonstrate their job has changed. Ambrisco noted that the City has kept positions unfilled. Atkins stated positions can be frozen. Timmins stated Council would be consulted regarding filling a vacant position. Atkins stated approximately 400 or 480 City employees are Union employees. Council discussed Boyle's position. Horowitz said that some of Boyle's duties are capable of being delegated to a secretary and/or done by greater com- puterization of the department. Larson said the City's legal department does not have the support staff that a private law firm would utilize. Timmins stated more data will need to be kept to demonstrate the need and economic benefit for more staff. Ambrisco stated Boyle is viable to the community. Balmer stated that if legal staff is having problems priori- tizing projects, Council could assist in prioritizing. Horowitz said that a budget line is needed to address problem areas such as computerization. Courtney asked if the Legal Department could job out prosecution of traffic tickets. Timmins said an entry level lawyer could be hired similar to what the County does. Larson stated the County does a poor job of prosecuting simple misdemeanors. Timmins noted that some of the workload problems relate to cases being tried at the Johnson County Courthouse rather than the Civic Center. In the past Asst. City attorneys would return to their offices downstairs in between cases. In response to Larson, Timmins said the City closely supervises interns. Larson and 4 Timmins discussed the issue of charging people with violations under City code versus state code. Larson asked if the City should take back the cases now being handled by David Brown. Timmins stated Brown should still handle the cases that are in the Supreme Court on appeal and the condemnation cases could be handled in-house. Timmins said Council is notified of legal work handled by outside counsel in a form of a resolu- tion. McDonald requested status reports regarding what work is being handled by the Legal Department. Balmer requested information regarding what the City has paid out for outside legal assistance in the past five years. Council agreed to have the City Attorney proceed with a pay increase for Asst. Dick Boyle. KEGGER ORDINANCE: Reel 88-53, Side 2 McDonald stated that work was done on the proposed Kegger Ordinance in 1984. Atkins stated a Kegger Ordinance would bring control to large parties and would also aid the local bars and restaurants. Atkins stated staff has reviewed a Kegger Ordinance used by Cedar Falls and Atkins stated now is the best time to initiate a Kegger Ordinance. Council agreed to pursue the Kegger Ordinance. Atkins said the City will need to clearly articulate what the police policies will be. TEMPORARY OUTDOOR SERVICE AREAS: Reel 88-53, Side 2 Timmins noted Council received a September 29 memo regarding revisions to Chapter 5. Timmins explained that the State of Iowa will allow an existing licensed establishment to have a temporary outdoor service area under their existing license, but the State of Iowa will not issue an additional fourteen day license or permit to an establishment that is already licensed. Staff recommends that existing establishments make an application following new regulations in the proposed ordinance and Council would direct the Clerk to send a letter to the Iowa Beer and Liquor Control authorizing the temporary outdoor service area. Seasonal or 14 -day licenses or permits would continue to be issued to a non - licensed holder. Timmins noted that the Temporary Outdoor Service Area Ordinance will include requirements similar to those for the Kegger Ordinance for security officers on duty and trash and toilet facilities. In response to Balmer, Timmins said that few changes are needed for annual events like the Regina Fall Festival. Regina would have to get a sound music permit and a dance permit. Larson said that rewriting the code as issues arise is an effective way to handle the overall job of rewriting the entire code. In response to Larson, Timmins said that a dance permit is required only because the previous Council required it. AIRPORT COMMISSION: Reel 88-55, Side 1 Dick Blum presented maps and aerial photos of the airport property and reviewed the history of the airport's planning for additional runway length. Blum said the Airport Commission has decided not to extend Runway 06/24 and there is a commitment that the way the airport exists today is how the airport will remain. Blum reviewed the advantages and disad- vantages for extending Runway 06/24. Ockenfels noted that newer aircraft use less runway and noisy jets are being phased out by law. Blum commented that the length of Runway 12/30 will be reduced and the FAA's primary direction is to support one runway. Blum presented a map of airport property and outlined areas that are developable. Blum said three things are needed to develop airport property: a commitment, investment of airport monies, and an aggressive marketing plan. Airport Commission members, Council members and staff referred to maps and discussed develop- ment of airport property. In response to Balmer, Schmeiser said it would cost an estimated $700,000 to extend utilities and roads to the airport property. Balmer inquired about property taxes and mechanisms ensuring some type of benefit to the City when airport property is developed. Balmer stated the City staff, community economic development organizations and the Airport Commission need to all be involved in the development of airport land. Airport Manager O'Neil stated that the airport farms approximately 188 acres but industrial use would bring in more revenue. i O'Neil stated the decisions need to be made if development of airport property is going to be actively pursued. Ambrisco asked if the City will be competing with the development of 90I versus airport property. Blum stated that certain types of businesses are tied to airport use and look for airport sites to develop on. Atkins said there will be significant public involvement in industrial park development in Iowa City's future. Balmer said a goal is to see the airport self-supporting. Atkins raised a concern about the major capital commitments where the City would need to use its debt service for airport improvement. Atkins stated information is needed regarding the airport's long-term capital plans. Blum said long-term financial commitment from the FAA could be approximately E2 million. Horowitz asked who would administer industrial development of the airport property. Atkins said there are plenty of economic development organizations in this community to assist with development of the property. O'Neil stated it is important for the Airport to stay in compliance with the FAA and zoning will need to be changed to allow development of the airport property. Atkins stated he will meet with Ron O'Neil and Patt Cain to outline a plan for development of airport property. COUNCIL TIME/AGENDA: Reel 88-55, Side 2 (Agenda Item 6A - Geri Hall's Senior Center Commission resignation) Ambrisco referred to correspondence received from Geri Hall and questioned the time commitment encouraged by Senior Center staff. He noted the suggestion by Hall to recruit retired people. Ambrisco stated a Commission member's duties are primary advisory and commis- sions should be open to people of all ages and not limited to persons who are retired or 55 years and older. Ambrisco requested City Manager to contact Geri Hall. 11 2. Regarding Council goal setting session - October 11, 1988. Horowitz stated that question H2 do we wish to undertake a review of environ- mental regulations should read: Do we wish to implement environmen- tal regulation policies that exist? 3. Horowitz reported she met with University Vice -President Phillip Jones, and he asked to work with the City on issues relating to alcoholism in this community. 4. (Agenda Item 3f(3) - Parking prohibition between Carousel Motors and Highway 1 West) Horowitz stated she met with Traffic Engr. Brachtel regarding Carousel Motors signs and the decision that "no parking signs" should be removed. Both Carousel and the City understand the area is to remain clear. 5. Ambrisco stated the August 10, 1988 minutes of the Board of Adjust- ments were too long. Schmeiser stated the Board of Adjustment minutes are sometimes used in legal proceedings. Council agreed to schedule an informal discussion regarding Board and Commission minutes. 6. Karr noted an informal Council meeting is scheduled October 31 - Halloween night. Council agreed to reschedule that meeting to Tuesday, November 1, 6:30 p.m. 7. In response to Karr, Council members stated it was not necessary to wait until after January elections to hold a joint meeting with the Johnson County Board of Supervisors. Karr stated Johnson County Board of Supervisors are considering scheduling a meeting around November 30. Councilmembers should contact Karr with agenda items. S. McDonald noted Council's goal setting session is scheduled October 11 and Council members should contact him regarding any additions to the agenda. APPOINTMENTS: Riverfront Commission: 1. Doug Jones 2. Al Rebal Meeting adjourned at 8:45 p.m. a I OFFICIAL COUNCIL ACTIONS - 10/4/88 The cost of publishing the following proceed- ings and claims is $ . Cumulative cost for this calendar year�id publication is S Iowa City Council, reg. mtg., 10/4/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Caneilnenbers present: Arbrisco, Balmer, CortrKy, Horowitz, Larson, McDonald. Absent: None. The Mayor proclaimed FIRE PREVENfICN WEEK - October 9-15, 1988; WHITE CANE SAFETY DAY - October 15, 1988; and MEMAL ILLNESS ANWREIESS WEEK - October 2-9, 1988. Moved and seceded that the following item and recamendations in the Consent Calendar be reoeived, or approved, aWor adopted as amaded: Approval of Official Council Actions of the regular meeting of 9/20/88, as published, Wjject to correction, as recommended by the City Cleric. Minutes of Boards and Commissions: 8d. of Adjustment - 8/10; Airport Cmm. - 8/18; Huron Rights Comm. - 8/29; P8Z Corm. - 9/15; Historic Preservation Comn. - 9/14; Design Review Comm. - 9/22. Permit Motions and Resolutions: Class C Beer permit for Watt's Fond Mariet, 1603 Muscatine Avenue. Class E Baer Panmt far Quik Trip #'500, 123 W. Berton. Class E Beer Permit for Quik Trip #548, 955 Mormon Trek. Class 8 Beer Permit for Mazzio's Pizza, 1950 Lower Muscatine. Special Class C Beer/Wine Permit for New Life Fitness World, 2220 Mormon Trek. Class C Liquor License Hilltop Lampe, 1100 N. Dodge St. Application for a Liquor License refund for Farmer's Itrriaet and Bakery, Ltd., 112 S. Lim St. Class B Beer Permit for Long John Silver's Seafood Shoppe, 1940 Lower Muscatine Ad. Class C Liquor License for Mama's, 5 S. Dubuque. Class C Liquor License for The Gallery Bar b Restaurant, 223 E. Washington St. RES. 88-204, ISSUING A CIGAR- ETTE PEMIT. RES. 88-205, ISSUING A DANCING PERIM Resolutions, RES. 88-206, ACCEPTING Tlf SHORT SEWER IMFO MENTS FCR WASHINGTON PAR( ADDITION - PART 10; RFS. 88-207, SETTING A PUBLIC HEARING FOR 11/15 ON THE FACILITIES PLAN UPDATE AND EMVIMNH NTAL REVIEW FOR RE WASTEW1TER SYSTEM IMFR VEI M5 PROJECT; RES. 88-208, SETTING A PUBLIC FEARING FOR 10/18 ON PLANS, SPECIFICATIOS, FORM OF CO TM, AND ESTIMATED COST FOR THE U.S. 6 AD i= SMU INTERSECTION DFR7 74NT John and Mark Ginsberg expressing abjection to the planned location of a transformer on E. kWngtm St., recamendation from Design Review Camittee Official Actions October 4, 1988 Page 2 Highlander this requesting expedited action by the Council in regard to proposed signage at that location, item setting a public hearing for 10/18 is included on this agenda. Marro frvn the Traffic Engr. re removal of parking prohibition on the frontage road between Carousel Pbtors and Highway 1 West. Applications for Use of Streets and RbNc Grounds: Pegina High School for permission to have the Hmecaudng Parade on 9/29, apprvaed. Ha4eye Yearbook staff for permission to set up a table next to the reviewing stand during the U of I Homecoming Parade from which to sell yearbooks, approved. The Mayor declared the notion carried. fled and seconded to set a public hearing far 10/1$/88 on an ordinance to amend the sign regula- tions of the Zoning Ordinance to permit one large free-standing sign for highway cmrmrcial property located near an interstate highway. The Maya declared the motion carried. A public hearing was held on an ordinance to vacate a 9,VO square foot portion of Une Madison Street right -of -W between Market and Bloomington Streets. Moved avd seceded that the rule requiring ordinance to be considered and voted on for final passage at two Coucil meetings prior to the meeting at which it is to be finally passed be suspected, the second consideration and vote be waived and the ordinance be voted qm for final passage at this time. The Mayor declared the notion curried. Mused and seceded that OPD. 8B-3393, 1D MID CHWU 36- 23 Of 71E NNIhG CPDINr10E, ThE CC MIX IMINSM ZONE, be passed and adopted. Moved and seceded to accept the Planing and Zoning Commission recamendation to approve the request to rezone a 1.99 acre tract located in Johnson Canty, approximately 1.5 miles east of 106 City from A-1 to RS. The Mayor declared the motion carried. Moved and seceded to accept the Planing and Zoning Commission recmmendation to restrict parking on one side of the street within the improved portion of Samuel Drive. The Mayor declared the motion carried. Emmett Evans, Senior Center Commission menber, reported on recent and upcoming activities at the Senior Center. The Mayor aononced the following vacancies: Senior Center Gmn. - one vacancy for an unexpired term erding 12/31/90; Airport Corm. - one vacancy I Official Actions October 4, 1988 Page 3 for an uheipired term ending 3/1/91. These appoint- ments will be made at the II/15/88 meeting of the City Council. Mored and seceded to appoint Al Retial, 337 Ferran Avenue and re -appoint Douglas Janes, 816 Park Ad. to the RivWront Cmmission for three-year term ending 12/1/91. The Mayor declared the ration carried. Couhcilmmber Horowitz reported that she rode with the Iowa City Police Patrol from 9:OD p.m. to 3:00 a.m. 9/30 and made several trips through the alley next to " Rococo's Pizza and c}hestknd if . the alley could be made ore way and parking only on ore side. The City Nanager stated that the Traffic Fngr. had done preliminary work regareiirg nekirg the alley a ane way and stated he wanted various downtown associations contacted on the matter. Arbrisco noted cm espo darce setting October 31, 1988, as Trick or Treat Night in Iowa City. Balmer noted sighalization problems along the NI¢rgy 6 W- Pass and reported that the City Nagger will follow- up. He also called attention to the letter from the City Manager to Rep. Mary W iwuser re disposal of waste. The recamendation of the Design Review Committee that the Ioa-Illinois Gas & Electric Cmpariy transformer proposed to be located near the Washington and Clinton Street intersection be installed udergrard, was deferred two weeks. The City Manager reported that Iowa -Illinois had requested the matter be deferred to allow explora- tion of other options. Moved and seconded to approve the Class C Liquor License for Iowa City Yacht Club, Inc. dba Iowa City Yacht Club contingent upon the applicant compliance within the next year with the restaurant definition thus allowing him to operate in the basement of the business at 13 South Lim and further contingent upon arty additional renewals coning into compliance. The Nayor declared the motion carried. Mored and seceded to defer consideration of a resolution rescinding Resolution No. 87-239 and proving for mvdmnts to the schedule of fees for beer permits, wine permits and liquor licenses, relating to dancing permits and temporary outdoor service areas, until adoption of the ordinance mending Chapter 5. The Mayor declared the motion carried. Moved and seceded that the ordinance avding Chapter 5 of the Code of Ordinances of the City of Iowa City, entitled "Alcoholic Beverages" by (1) ine ding Section 5-1 thereof to provide definitions Official Actions October 4, 1988 Page 4 of restaurant and of teWary outdoor service area and to update other definitions, (2) by arendirg Section 5-6 relating to dancing permits fa' lioeaed establishmnts, (3) by repealing Section 5-33 relating to the duration of permits and licenses, (4) by ameding Section 5.41 to revise regulations nem Section 5-42 and 5-49 Uniing mddoor service o 5- and 52)reellat�ttoo the regulation of tegwr'ary outdoor service areas and seasonal aM fourteen day licenses and permits, to be given first vote for passage. The MW declared the motion carried. Moved and seconded to adopt PES. 88-209, AMDRRM ACTION TO WlET TITLE OR 70 PUE A PRESCRIPTIVE EAS@EIiT IN ORDER TO RESOLVE M71M REGWItG LAND CQ MING MEIME MART AND ffM- in PARC. Moved and seconded to adopt RES. 88-210, O[tDITIMIY ACCEPTING 1HE IDR( FOR THE IOWA CITY SNDMIIG POOL. AT MFliQt PAR( (MERCER PAR( AQMTIC CMD), AND A MMIZDG FDL P00(T " CC77iE- TIM OF CERTAIN W3K ITEMS. Moved and seconded to -dgpt MES. 88-211, CM MON 1Y ACCEPTING 1HE WU FOR 1HE AklilyATION OF THE CITY PARC SW MDG POOL, ANO MMDRIZING FINAL PAMIT LFCN CCIPLMCN OF CERTAIN NBC MIS. NNW and seconded to adopt RES. 88-212, MURIUNG JOINT AMM BEMM THE im Cm LIBM UM OF 1RMEES IND THE CITY MKIL OF IM Cm lD MMIN4TE HEMTIATING PPDCEM S FOR RliPM OF CMIECTIVE BIYGIIINItG. Moored and seconded to adopt RFS. 88-213, AM:IDING THE HGETED FOSIT M IN THE NATER DIVISICN OF THE RELIC NORCS DEPA Meff n THE AFSDE CLASS1FICATIM PIAN, deleting ane Asst. Treatment Plant Operator and one Maintenance ibrier I and adding tyro Maintenance Mother III's. Moved and seconded to adjourn 8:25 p.m. The Mayor declared the motion carried. A more complete description of Council activities is on file in the office of the City Cleric. sK1. KAP JCM CITYtyYND, MAYOR 9Mtted for 'licatidn `) Complete Description of Council Activities October 4, 1988 Iowa City Council, reg. mtg., 10/4/88, 7:30 p.m. at the Civic Center. Mayor Courtney, Horowinald tz, Larson, McDonald. Absent: None. Staffinembers present: Atkins, Helling, Timmins, Karr, Fosse, Schmeiser, Brinton, Cain, Schmadeke. Council minutes tape recorded on Tape 88-54, Side 1, 480 -End and Side 2, End -335. The CANE SAFETY Mayorproclaimed October FIRE 5,P1988 PREVENTION and WMENTAL ILLNESS AWARENESS WHIT WEEK - October 2-9, 1988. The Mayor noted additions to the Consent Calendar. Moved by Ambrisco, seconded by Balmer, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 9/20/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Adjustment - 8/10/88; Airport Comm. - 8/18/88; Human Rights Comm. - 8/29/88; P&Z Comm. - 9/15/88; Historic Preservation Comm. - 9/14/88; Design Review Comm. - 9/22/88. Permit Motions for Clarissa T n Permit Watt dba eWatt's oFood Market, 16031MuscatiinerAvenue. Approving a Class E Beer Permit for Quik Trip Corporation dba Quik Trip #503, 123 W. Benton. Approving a Class E Beer Permit for Quik Trip Corporation dba Quik Trip #548, 955 Mormon Trek. Approving a Class 8 Beer Permit for LTL Restaurants, Inc. dba Mazzio's Pizza, O Lower rmit for New Life usFitness World, Inc. adba eNew Life cial sFit eess/WorldWine Pe2220 Mormon Trek. Approving a Class C Liquor License for Hilltop Tavern, for dHan applicationilltop nenserefund for Farmerers Marketand Bakery, LTD. dba Farmer's a Class 8Beer Permittfor dAmerican SeafoodlPartnersndba LongpJJohn 9Silver's Seafood Shoppe, 1940 Lower Muscatine Rd. Approving a Class C Liquor License for Baja, Inc. dba Mama's, 5 S. Dubuque. Approving a Class C Liquor License for Brocchini, Inc. dba The Gallery Bar & Restaurant, 223 E. Washington St. RES. 88-204, Bk. 99, P. 204, ISSUING A CIGARETTE PERMIT. RES. 88-205, Bk. 99, p. 205, ISSUING A DANCING PERMIT. Resolutions, WASHINGTON SPARK ADDITION ACCEPTING PART10;THE STRES. 88M 207, p. 207, SETTING A PUBLIC HEARING FOR 11/15/88 ON THE FACILITIES PLAN UPDATE AND ENVIRONMENTAL REVIEW FOR THE WASTEWATER SYSTEM IMPROVEMENTS FOR 10/18/88 ONOJPLANS,RESPEC SPECIFICATIONS, OFING A CONTRACT PUBLIC 1AND HEARING COST FOR THE U.S. 6 AND KEOKUK STREET INTERSECTION IMPROVEMENT PROJECT. Council Activities October 4, 1988 Page 2 Correspondence: John Hayek and Mark Ginsberg expressing objection to the planned location of a transformer on E. Washington St., recommendation from Design Review Committee regarding this matter is on this agenda; Highlander Inn requesting expedited action by the Council in regard to proposed signage at that location, item setting a public hearing for 10/18 is included on this agenda. Memo from the Traffic Engr. re removal of parking prohibition on the frontage road between Carousel Motors and Highway 1 West. Applications for Use of Streets and Public Grounds: Regina High School for permission to have the Homecoming Parade on 9/29/88, approved. Hawkeye Yearbook staff for permission to set up a table next to the reviewing stand during the U of I Homecoming Parade from which to sell yearbooks, approved. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Balmer, seconded by Ambrisco, to set a public hearing for - 10/18/88 on an ordinance to amend the sign regulations of the Zoning Ordinance to permit one large free-standing sign for highway commercial property located near an interstate highway. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. A public hearing was held on an ordinance to vacate a 9,270 square foot portion of the Madison Street right-of-way between Market and Bloomington Streets. No one appeared. Moved by Courtney, seconded by Ambrisco, that the rule requiring ordinance to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Horowitz, that ORD. 88-3393, Bk. 29, p. 35, TO AMEND CHAPTER 36-23 OF THE ZONING ORDINANCE, THE COMMERCIAL INTENSIVE ZONE, be passed and adopted. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Horowitz, seconded by Ambrisco, to accept the Planning and Zoning Commission recommendation to approve the request to rezone a 1.99 acre tract located in Johnson County, approximately 1.5 miles east of Iowa City from A-1 to RS. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Courtney, seconded by Balmer, to accept the Planning and Zoning Commission recommendation to restrict parking on one side of the street within the improved portion of Samuel Drive. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. ■ Council Activities October 4, 1988 Page 3 Emmett Evans, Senior Center Commission member, reported on recent and upcoming activities at the Senior Center. The Mayor announced the following vacancies: Senior Center Comm. - one vacancy for an unexpired term ending 12/31/90; Airport Comm. - one vacancy for an unexpired term ending 3/1/91. These appointments will be made at the 11/15/88 meeting of the City Council. Moved by Ambrisco, seconded by Larson, to appoint Al Rebal, 337 Ferson Avenue. and re -appoint Douglas Jones, 816 Park Rd. to the River - front Commission for three-year terms ending 12/1/91. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Councilmember Horowitz reported that she rode with the Iowa City Police Patrol from 9:00 p.m. to 3:00 a.m. 9/30 and made several trips through the alley next to Rocky Rococo's Pizza and questioned if the alley could be made one way and parking only on one side. The City Manager stated that the Traffic Engr, had done preliminary work regarding making the alley a one way and stated he wanted various downtown associations contacted on the matter. The Asst. City Manager said a survey would have to be done of the building owners in the area. McDonald noted the number of stores along the alley requiring deliveries. Horowitz stated the number one concern should be public safety and the availability to get emergency vehicles thru. The Asst. City Manager also noted the pitch of the alley for drainage presented certain problems. Ambrisco noted correspondence setting October 31, 1988, as Trick or Treat Night in Iowa City. Balmer noted signalization problems along the Highway 6 By -Pass and reported that the City Manager will follow-up. He also called attention to the letter from the City Manager to Rep. Mary Neuhauser re disposal of waste and noted the topic will be of regional significance for some time to come. The Asst. City Manager informed Council that staff will meet with the bargaining units starting 10/5 for a series of meetings to receive their initial proposals as per State Code. The City will have two weeks to submit counter proposals. Staff hopes to be able to schedule some time with Council to talk about strategies sometime within the next couple of weeks. The recommendation of the Design Review Committee that the Iowa - Illinois Gas & Electric Company transformer proposed to be located near the Washington and Clinton Street intersection be installed underground, was deferred two weeks. The City Manager reported that Iowa -Illinois had requested the matter be deferred to allow exploration of other options. Moved by Horowitz, seconded by Larson, to approve the Class C Liquor License for Iowa City Yacht Club, Inc. dba Iowa City Yacht Club contingent upon the applicant compliance within the next year with the restaurant definition thus allowing him to operate in the basement of the business at 13 South Linn and further contingent upon any additional renewals coming into compliance. The Mayor noted that the applicant will be given a year Council Activities October 4, 1988 Page 4 to comply with the provision to coincide with the one year renewal of the State liquor license. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Horowitz, seconded by Ambrisco, to defer consideration of a resolution rescinding Resolution No. 87-239 and proving for amendments to the schedule of fees for beer permits, wine permits and liquor licenses, relating to dancing permits and temporary outdoor service areas, until adoption of the ordinance amending Chapter 5. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Balmer, seconded by Horowitz, that the ordinance amending Chapter 5 of the Code of Ordinances of the City of Iowa City, entitled "Alcoholic Beverages" by (1) amending Section 5-1 thereof to provide. definitions of restaurant and of temporary outdoor service area and to update other definitions, (2) by amending Section 5-6 relating to dancing permits for licensed establishments, (3) by repealing Section 5-33 relating to the duration of permits and licenses, (4) by amending Section 5-41 to revise regulations regarding outdoor service areas, and (5) by adopting new Section 5-42 and 5-49 through 5-52 relating to the regulation of temporary outdoor service areas and seasonal and fourteen day licenses and permits, to be given first vote for passage. Larson questioned the impact of this ordinance on a request from Season's Best for an outdoor service area. The City Attorney explained that currently four barriers prevent such an expansion of service. Two can be waived by Council and the other two are addressed in the proposed change. Larson requested a comparison of requirements for outdoor service area on private property versus Plaza Cafes. In response to Courtney, the City Attorney clarified that the definition of restaurant in Chapter 5 affects only establishments serving food and alcohol. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, to adopt RES. 88-209, Bk. 99, p. 209, AUTHORIZING ACTION TO QUIET TITLE OR TO PROVE A PRESCRIPTIVE EASEMENT IN ORDER TO RESOLVE QUESTIONS REGARDING LAND CONNECTING MELROSE COURT AND BROOKLAND PARK (ROY YELDER). Larson urged all efforts be made to resolve this matter prior to court action. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-210, Bk. 99, p. 210, CONDITIONALLY ACCEPTING THE WORK FOR THE IOWA CITY SWIMMING POOL AT MERCER PARK (MERCER PARK AQUATIC CENTER), AND AUTHORIZING FINAL PAYMENT UPON COMPLETION OF CERTAIN WORK ITEMS. Balmer noted the large list of items requiring attention. The City Manager noted action on a number of items. Affirmative roll call vote unanimous, 6/0, all Council - members present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Courtney, to adopt RES. 88-211, Bk. 99, p. 211, CONDITIONALLY ACCEPTING THE WORK FOR THE RENOVATION OF THE CITY PARK SWIMMING POOL, AND AUTHORIZING FINAL PAYMENT UPON COMPLETION OF CERTAIN WORK ITEMS. Horowitz requested that the black line around the Council Activities October 4, 1988 Page 5 perimeter at water level be repainted. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 88-212, Bk. 99, p. 212, AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 88-213, Bk. 99, p. 213, AMENDING THE BUDGETED POSITIONS IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE AFSCME CLASSIFICATION PLAN, deleting one Asst. Treatment Plant Operator and one Maintenance Worker I and adding two Maintenance Worker III's. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adjourn 8:25 p.m. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. ATTEST: MARIAN K. KARR, CITY CLERK JOHN MCDONALD, MAYOR ri COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES October 18, 1988 Iowa City Council, reg. mtg., 10/18/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Larson, McDonald. Absent: None. Staffinembers present: Helling, Timmins, Karr, Schmeiser, Farmer. Council minutes tape recorded on Tape 88-55, Side 1, 1-454. The Mayor proclaimed October 20, 1988, as CREDIT UNION DAY; October 24, 1988, as UNITED NATIONS DAY. Moved by Ambrisco, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Actions of the regular meeting of 10/4/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Design Review Comm. - 10/6/88; Bd. of Library Trustees - 9/22/88; Housing Comm. - 9/13/88; P&R Comm. - 9/14/88; Sr. Center Comm. - 8/15/88; Riverfront Comm. - 8/17/88; Resources Conservation Comm. - 9/12/88. ( Permit Motions: Approving a Class C Beer Permit for Deli Mart Corp. dba Deli Mart, 525 Hwy. 1 West. Approving a Class C Liquor License for La Casa, LTD. dba La Casa, 1200 S. Gilbert Street. Approving a Class C Liquor License for Rose and Crown, Inc. dba The . Polo Club, 313 S. Dubuque St. Notices: Notice regarding equipment purchase. Resolutions: Bk. 99; RES. 88-214, p. 214, ADOPTING SUPPLEMENT NUMBER 37 TO THE IOWA CITY CODE OF ORDINANCES. RES. 88-215, p. 215, ACCEPTING THE SANITARY SEWER AND PAVING IMPROVEMENTS FOR WASHINGTON PARK ADDITION - PART 10. Correspondence: Iowa City Area Development Group expressing the support of the UCAD Board of Directors for the proposed Press -Citizen expansion, proposed rezoning for this project will be considered by the Planning and Zoning Commission at its informal meeting of 10/17/88, and it is anticipated that it will be presented for Council consideration at the meeting of 11/15/88. Memo from the Civil Service Comm. submitting certified lists of applicants for the following positions: Housing Inspector in Training/Housing & Inspection Services; Maintenance Worker III/Streets; Account Clerk/Accounting; Maintenance Worker III -Data Entry Clerk/Equipment; Data Processing Mgr.-Finance/Data Processing; Cashier/Finance. Applications for Use of Streets and Public Grounds: The Salvation Army to have a bell ringer and kettle stand at four locations in downtown Iowa City during the month of 11/25 through 12/24/88, approved. I 9 Minutes Council Activities October 18, 1988 Page 2 Applications for Committee to set up a a.m. and 3:00 p.m. on 9/88, from which to donations, approved. City Plaza Use Permits: Palestine Solidarity table in City Plaza between the hours of 9:00 10/7, 10, 12, 14, 17, 19, 21 and 11/2, 4, 7, distribute literature and offer crafts for Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Ambrisco, to set a public hearing for 11/1/88 on an ordinance to vacate Loos Street, an unimproved local street extending between Black Springs Circle and Rocky Shore Drive. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Balmer, seconded by Horowitz, to set a public hearing for 11/1/88 on a resolution to amend the 1988 Comprehensive Plan Update to change the land use classification of 528 and 530 Iowa Avenue and 15 N. Johnson Street from Residential: 25+ Dwelling Units Per Acre to Mixed Land Use. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Ambrisco, seconded by Horowitz, to set a public hearing for 11/1/88 on an ordinance to rezone 528 and 530 Iowa Avenue and 15 N. Johnson Street from RNC -20 to CB -2. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Horowitz, seconded by Ambrisco, to set a public hearing for 11/1/88 on an ordinance to amend the accessory uses section of the Zoning Ordinance to permit manufacturing uses in commercial zones to have accessory uses. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Balmer, seconded by Courtney, to set a public hearing for 11/1/88 on an ordinance to amend the sign regulations of the Zoning Ordinance to permit one large free-standing sign for highway commercial property located near an interstate highway. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Courtney, seconded by Horowitz, that the rule requiring ordinances to 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, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Ambrisco, that the ordinance to vacate a 9,720 square foot portion of the Madison Street right-of-way between Market and Bloomington Streets, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Horowitz, to adopt RES. 88-216, Bk. 99, p. 216, VACATING A PORTION OF CLEAR CREEK SUBDIVISION, NORTH OF HIGHWAY 218 AND WEST OF CAMP CARDINAL ROAD. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Minutes Council Activities October 18, 1988 Page 3 A public hearing was held on plans, specifications, form of contract and estimate of cost for the U.S. 6 and Keokuk Street Intersection Improvement Project. No one appeared. Moved by Ambrisco, seconded by Balmer, to adopt RES. 88-217, Bk. 99, p. 217, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE U.S. 6 AND KEOKUK STREET INTERSECTION IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to make the following appointments: James Muller, 1125 Seymour Ave. and Clark deVries, 516 S. Van Buren Street, re -appointed to the Bd. of Examiners of Plumbers for two-year terms ending 12/31/90; Jack Barrows, 1310 Bristol Drive and Marcie Roggow, 321 McLean, re -appointed to the Bd. of Appeals for five- year terms ending 12/31/93; appointed Duane E. Means, 120 E. Fairchild Street and H.V. Cordier, 2415 Walden Ct., to the Sr. Center Commission for three-year terms ending 12/31/91. The Mayor declared the motion carried, 6/0, all Councilmembers present. The Mayor announced that tickets were available for the Annual Human Rights Breakfast to be held Thursday, 10/20, at the Holiday Inn. Everyone is encouraged to attend. Moved by Ambrisco, seconded by Balmer, to accept the recommendation of the Design Review Committee that the City Council approve the proposed awning for 111 South Dubuque Street (A.J. August). The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Courtney, seconded by Ambrisco, to defer for two weeks a resolution of intent to dispose of a portion of Madison Street right-of- way between Market Street and Bloomington Street to the University of Iowa and setting a public hearing. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. The Mayor announced that item 13 had been retitled. The City Attorney explained no change had occurred in the actual language of the ordinance but a section number and new article had been incorporated. The ordinance should be amended prior to proceeding with second consideration. Moved by Horowitz, seconded by Ambrisco, to amend the Ordinance Amending Chapter 5 of the Code of Ordinances of the City of Iowa City entitled "Alcoholic Beverages" by changing (5) to read amending 5-45 and not 5-42 as previously indicated and adding (6) incorporating a new article, Article III, into the ordinance. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Councilmember Larson questioned continuing the issuance of dancing permits. Staff will investigate and report back. Moved by Larson, seconded by Balmer, that the ordinance Amending Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, entitled "Alcoholic Beverages," by (1) Amending Section 5-1 thereof to provide definitions of Restaurant and of Temporary Outdoor Service Area and to update other definitions, (2) by Amending Section 5-6 relating to Dancing Permits for licensed establishments, (3) by Repealing Minutes Council Activities October 18, 1988 Page 4 Section 5-33 relating to the duration of Permits and Licenses, (4) by Amending Section 5-41 to revise regulations regarding Outdoor Service Areas, and (5) by adopting New Sections 5-45 and 5-49 through 5-52 relating to the regulation of Temporary Outdoor Service Areas and Seasonal and Fourteen -Day Licenses and Permits, and (6) by Incorporating Sections 5-39 through 5-52 into a new article, Article III, entitled "Outdoor Service Areas and Seasonal and Fourteen -Day Licenses and Permits," as amended be given second vote for passage. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Councilmember Larson noted the discussion at Council informal session the previous evening re the Children's Agenda and urged citizens concerned about the fate of children in our city and nation to attend the session scheduled for 10/19 at 4:00 p.m. in the Public Library. Moved by Balmer, seconded by Horowitz, to adjourn 8:00 p.m. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. N N McDONALD, MAYOR t�AR WKKARR, CITY CLERK 0 I i PRE! .'.T'{ MINUTES Subject to Art ;oval DESIGN REVIEW COMMITTEE THURSDAY, OCTOBER 6, 1988 IOWA CITY PUBLIC LIBRARY - ROOM B MEMBERS PRESENT: Amert, deVries, Haupert, Nagle, Novick, Seiberling, Sinek, Waters MEMBERS ABSENT: Nelson, Welt STAFF PRESENT: Cain, Elmer GUESTS PRESENT: Dave Long, Dave Long's Protective Products RECOMMENDATIONS TO CITY COUNCIL: The Committee recommends that the City Council approve the proposed awning for 111 South Dubuque Street. CALL TO ORDER Chairperson Novick called the meeting to order at 4:05 p.m. CORRECTION AND APPROVAL OF MINUTES FROM SEPTEMBER 22, 1988 Novick noted a correction to be made in the next to last paragraph on page 2. The following should be added at the end of sentence 4: front, "but current businesses would not be required to change." Nagle noted a correction to be made on page 3, paragraph 2. In sentence one the word "transformer" should be deleted and replaced with "wiring." Haupert moved to approve the September 22 minutes as amended. Nagle seconded. The motion carried unanimously. DISCUSSION OF AWNING PROPOSAL FOR 111 S. OUBUOUE STREET Cain distributed a color photo of the existing facade and a sample of the material selected for the awning. Novick asked Long if the proposed awning would be retractable. Long said the awning would be retractable Just like the one next door at Baskin-Robbins. deVries asked if the mechanical system would be the same as on the awning at Baskin-Robbins. Long said it would be the same mechanical system. Novick asked if there was any further discussion regarding the proposed awning. Waters moved to recommend to City Council that the proposed awning for 111 South Dubuque Street be accepted. deVries seconded. Seiberling noted the two buildings were built about the same time and formed a continuous facade. She stated that given the color combination there, the color of the present awning was totally foreign to everything else and would represent an unfortunate point of contrast. Nagle said he thought the color of the proposed awning went well with the color scheme of the building. Amert agreed that the awning colors match the facade of the individual store, but noted that looking at the two buildings from a distance across the Plaza, they appear as a continuous facade and the proposed awning would disrupt the continuity. Seiberling said the two facades represented a similar architectural element that should be maintained. deVries pointed out the buildings have two independent MINUTES DESIGN REVIEW COMMITTEE OCTOBER 6, 1988 PAGE 2 facades that were restored at different times and they should be treated independently. Nagle said the change would be little different than before, and he felt this facade was a separate building. Novick agreed that in this case two separate awnings were adjacent, not essentially one awning separated in half like an earlier awning proposal for another building. Waters said there was nothing the Commission could control except the awning itself and sitting and discussing the issue may be a waste of time. Amert said this was not a waste of time if those creating proposals will realize the Committee's considerations. She pointed out the notes from this discussion will go to City Council. Seiberling noted on a design level, if merchants want to sell, they ought to apply their knowledge about appearance and design to the outside of their stores. She suggested the Committee ought to encourage people to be aware of the importance of exterior design and be willing to take steps to get the best possible visual effect. Waters asked Seiberling what she would recommend in this case. Seiberling said she would reduce the sign to the context of the building and adjacent sign and would choose a stripe in context with the adjacent awning. She said the exterior sign was one of the key things wrong with the facade. Novick called for a vote on the current motion to recommend that City Council accept the proposed awning for 111 South Dubuque Street. The motion carried by a 5 to 2 vote, with Seiberling and Amert voting no and Haupert abstaining. Long asked for clarification of DRC's concerns. He said the two adjacent awnings would have almost the same stripe pattern but of different and, he thought, compatible colors. Seiberling said the concern was not the color of the awning but the nonconformity of the storefront appearance in relation to similar architectural elements in the adjacent facades. SLIDE PRESENTATION FOR COMMITTEE USE Novick said that the slide presentation should capture the visual image of downtown Iowa City and promote better design control regulations. She opened the floor for suggestions. Seiberling said she had some wonderful old slides but the Committee should first decide the focus for the presentation. Cain said she had access to some new pictures, but did not know how appropriate they would be as they were taken for another purpose. Cain said the format was up to the Committee to decide. She suggested the slides might be related to the proposed design criteria. Waters suggested calling the University of Iowa photography department. She noted there may be students looking for projects. Novick suggested it might be possible to give students a general assignment of illustrating the design criteria with slides from Iowa City. Cain asked if someone could go through existing slides to decide what is available and what is needed. Seiberling again asked what the focus would be, for example rehabilitation or historical preservation. Waters suggested setting up a small subcommittee and getting some students involved with the project. Novick asked for volunteers to work on the subcommittee. Nagle said he /5.26 MINUTES DESIGN REVIEW COMMITTEE OCTOBER 6, 1988 PAGE 3 would work on the subcommittee. Waters suggested Nelson might be interested. Novick said she would call Nelson and ask. COMMITTEE BUSINESS UPDATE ON TRANSFORMER RECOMMENDATION Cain said that Iowa -Illinois Gas 6 Electric Company asked to defer the item until the next informal City Council meeting. She noted the item will be on the agenda for the Monday, October 17, City Council meeting and that notices will be sent to the people who attended the DRC meeting. Nagle asked why Iowa -Illinois wanted to defer the issue. Cain responded that Iowa -Illinois probably wanted to come up with other options. She said if Iowa -Illinois suggests another option, the proposal should come back to the Committee for review, unless City Council requires the underground transformer. Sinek asked how many communities other than Iowa i City have underground transformers. Cain said, according to Iowa - Illinois, no other communities in the Iowa -Illinois servicing area have underground transformers like the one that would be required here. UPDATE ON NEWSPAPER VENDING MACHINE REGULATIONS Cain said the City Manager received a proposal from the newspapers but had requested that it be reconsidered by the newspaper representatives. Apparently it did not address all the City's concerns. REPORT ON DOWNTOWN STUDY Cain said the City staff still has not had the chance to discuss this issue. The status was the same as two weeks ago; the issue is on the City Council's pending list. COMMITTEE DISCUSSION deVries asked if anyone had noticed the galvanized ventilation fans on top of the Holiday Inn. He noted they were an eyesore and asked if they would be painted. Cain said she would check. Amert noted that the Holiday Inn addition was handled very poorly. She said the issue of its expansion rather than just the design should have come to the Committee for review, Amert said that the Committee should have had access to the historical material and discussions about the hotel construction. She pointed out that the final proposal that was approved described the hotel as having only 168 rooms and the structure never was intended to be as tall as now allowed. The expansion should have been reviewed much more closely than it was. Cain noted the project prospectus showed a nine -story structure. Amert said the UDAG proposal should have required the smaller structure that was approved. Cain said she would go back and check, but she knew of no such restrictions in the UDAG agreements. Amert said the Committee should have better help from staff in approach and strategies. She observed that only a courtesy review was given and the Committee should have been able to debate the issue. Cain said it was not just a courtesy review; it was presented as an item for recommendation /5024 MINUTES DESIGN REVIEW COMMITTEE OCTOBER 6, 1988 PAGE 4 to Council. Amert noted that legal interests were involved as well, that the building was a substantially federally funded structure, that other significant questions should have been addressed and it was more than a design issue. She said a special committee consisting of Council members, DRC representatives and others should have been formed to discuss the addition as was done for the original proposal. Seiberling asked Haupert about the maintenance of the downtown mini -park. She noted that the mini -park was a neglected area and that it should be a part of a landscape planting plan for the Plaza. Waters noted the mini - park may lose a majority of its trees. Haupert said he had been advised by the City that they were watering the trees regularly and heavily. He said that the mini -park was not a part of the Adopt -A -Bed program; he agreed that some trees there appeared dead. Seiberling recommended that any dying trees should be replaced and that the replacement trees be subject to DRC review. She said the mini -park planting plan and maintenance should also be reviewed. Haupert said the condition of the mini -park was not consistent with the rest of City Plaza. Seiberling said the right trees would make a lot of difference. She offered Sault St. Marie, Ontario, as an example. She said there the trees were in planters, the people take care of the trees, and each planter had a plaque saying which store or business was responsible for maintenance. Haupert said that the Adopt -A -Bed program will have plaques here; this is part of the plan for the future. The next Design Review Committee will be held on Thursday, October 20, at 12:00 noon, to consider an awning proposal for 110 East College Street. The meeting adjourned at 5:06 p.m. Minutes submitted by Steven Elmer. I I /In•N/NC /.S\%��I�WIDI POLL 1w 57YCF f.; +r:o �IrI IUW I` The awning fabric has black and light gray stripes (� (approximately 3 inches wide) with narrow bronze stripes interspersed. C� MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING THURSDAY, SEPTEMBER 22, 1988 4:00 PM - ADMINISTRATIVE CONFERENCE ROOM MEMBERS PRESENT: Cox (arrived at 5:20), Drum, Gelman, Pacha, Reed, Summy, Swaim, Willis MEMBERS ABSENT: Buchanan STAFF PRESENT: Eggers, Jehle, Forsythe, Green OTHERS PRESENT: Irene Clark, practicum student in Library Science; University of Iowa student- broadcasting class CALL TO ORDER: President Gelman called the meeting to order at 4:06 PM. APPROVAL OF MINUTES: Minutes of the regular meeting of August 25, 1988 were approved. Pacha/Swaim. Disbursementsfor August, 1988 were approved. Summy/Pacha. DIRECTOR'S REPORT: 1. Eggers introduced Deborah Green, Youth Services Coordinator. Debb replaces Judy Kelley who left in July to join the staff of the Newport Beach Public Library. Green has just moved to Iowa City from Tampa, Florida to join the staff of the Iowa City Public Library. She has a strong background in providing library service to children and young adults. The community is fortunate to have her join the library staff. 2. The Hills Bank and Trust Company is promoting reading awareness this year and the library will co-sponsor a "read -in" in November. This event will be a specified 15 minute period when everyone is encouraged to spend the time reading. 3. Eggers reminded the Board that the Library has a team entered in the October 26 Hospice Marathon and more participants are needed to uphold the tradition begun last year when the Library team won several awards. 4. The Iowa Library Association annual meeting will be November 2-4 in Ames and Eggers encouraged Board members to let her know if they wished to attend any sessions which particularly interested them and fit their schedules. Board of Trustees September 22, 1988 Page 2 5. City Manager Steve Atkins has requested that city department heads provide him with a list of long-range goals and needs within their departments to use for the City Council's goal -setting session in October. Eggers asked the Board for their input in compiling this list. 6. The Board will again host a breakfast with area legislators later this fall to discuss matters of mutual concern and interest. Coralville and North Liberty Library Board members will also be invited. Possible dates were discussed and this event will probably be held in early November. PRESIDENT'S REPORT: President Gelman had no report. ANNOUNCEMENTS FROM MEMBERS: i There were no announcements. FRIENDS REPORT: Eggers reported for the FRIENDS that 50 people attended the 1988 literary tour review presented by Sue Neufeld in Meeting Room A on Sunday, September 18. Neufeld also outlined plans for a possible FRIENDS spon- sored tour in the spring of 1989 to southern England and France. Neufeld, who has been an active FRIENDS member and officer for nearly ten years, is moving from Iowa City by October 1 and will be greatly missed by the FRIENDS, Foundation and library staff. The next FRIENDS sponsored library booksale will be on Saturday, October 29 in the library's garage. FOUNDATION REPORT: Executive Director Forsythe stated that the Foundation reception at Bushnell's on Sunday, September 18 was enjoyed by all who attended. . Refreshments and catering were again contributed by a Foundation donor. Forsythe reported on the response to the Foundation's mailing of its annual report in early September: nearly $5,000 in gifts to the Founda- tion; $780 in gifts to the FRIENDS in the form of 28 new memberships and 63 renewals. The Endowment Fund has now received $19,098 in cash plus $7,600 in pledges this year. Forsythe reported on the Investment Committee's recent meeting. The Committee is requesting direction from the Library Board regarding Board of Trustees September 22, 1988 Page 3 income/growth for the Foundation's separate funds. It was suggested by Cox that the library's new 5 -year plan, On Track for the 90's would be a good resource. Eggers will prepare an information/fact sheet for the Board to review and discuss before offering direction to the Investment Committee. The Foundation's Annual Drive will be conducted in late October. This fund drive will include solicitation of area businesses. NEW BUSINESS: The Board informally approved an amendment to the Board's By-laws to change the Board's regular meeting day from the 4th Thursday in November and December to the 3rd Thursday to avoid the Thanksgiving and Christmas holidays. Eggers was directed to put this on the October agenda. The Board approved the expenditure of $300 from the Gifts and Bequests Fund to help finance the fall puppet festival which the library is co- sponsoring with the Downtown Association, the Prairie Guild of Puppetry and Eulenspiegel Puppets. This will be the third annual festival. Drum/Willis. The Board approved the joint agreement between Lhe Library Board and the City Council to coordinate negotiating procedures for collective bargain- ing for the agreement covering library employees which will begin July 1, 1989. Willis/Drum. Eggers reviewed for the Board the FY88 progress toward goals in the current 5 -year plan. While the focus has turned almost entirely to the new plan (FY90-94), this review helped to prepare for setting the FY90 budget goals. The Board gave Eggers input to assist in developing goals for the FY90 budget. These goals and priorities will assist the staff in the prepara- tion of the FY90 budget which will be presented to the Board at the October meeting. There was extensive review of the budget for the Development Office including how funds from the Foundation and FRIENDS will be utilized and what additional funds should be requested for the FY90 operating budget. After Eggers, Willis and Gelman reported on their September 21 meeting on this topic, there was informal agreement to pay for Development Office salaries from Gifts and Bequest and to request that the additional overhead expenses be a part of the FY90 budget. Part of the increased costs can be covered by funds saved from CLSI computer maintenance under the new contract which started this year. The meeting adjourned at 6:03 PM. /50?7 MINUTES IOWA CITY HOUSING COMMISSION SEPTEMBER 13, 1988 IOIiA CITY PUBLIC LIBRARY" - ROOM A MEMBERS PRESENT: Moore, Dawson, Hulse, Stadtlander, Coty, Parden, Williams MEMBERS ABSENT: None STAFF PRESENT: Barnes, Milkman, Seydel, Stroud OTHERS PRESENT: Craig Mosher (Hillcrest Family Services) RECOMMENDATION TO COUNCIL: That the Iowa City Housing Authority - participate in the AHRM.A insurance program. MEETING TO ORDER: 9:08 am by Chairperson Moore MINUTES: `lotion to approve the August 9, 1988 Minutes was made by Hulse, seconded by Stadtlander, carried 6-0. NEW MEMBER: Reginald Williams was introduced as the new Housing Commission member. Williams was appointed by City Council on .august 9, 1988 for an unexpired term ending 5-1-89. HOUSING/RENTAL REHABILITATION - Barnes - RESIDENTIAL FACILITY - 728 Bowery - Hillcrest Family Services Craig Mosher was present to discuss the application for Housing Rehabilitation Depreciating Lien/3% Loan in the amount of $22,000.00. The facility houses nine chronically mentally ill clients who pay for their room and board. It is sometimes used as a stepping stone until clients are able to get their own apartment. Motion to approve the loan in the amount of 322,000.00 was made by Hulse, seconded by Parden, carried 7-0. RENTAL REHABILITATION - 714 North Linn (Duplex) Application for $14,000.00 for duplex consisting of a one- and a two- bedroom unit. Motion to approve the loan in the amount of $14,000.00 was made by Parden, seconded by Hulse, carried 7-0. - RENTAL REHABILITATION - 215 Iowa Avenue (Targeted area) ,Application for $8,300.00 for multiple dwelling consisting of seven units plus cost of appraisal (estimate W $500.00). If the appraisal figure for the after rehabilitation value of the property is less than $188,000.00 then application will not be approved. Maximum allowable assistance for rehab is 545,500.00 (36500 x 7 units). Cost of labor cannot be paid to owners who do their own work. Motion to approve the loan in the amount of $8,300.00 plus cost of appraisal, with an appraisal of the property at $188,000.00 or more, was made by Parden, seconded by Dawson, carried 6-0 with Williams abstaining. Page 2 Iowa City Housing Commission Meeting 9-13-88 OWNER -OCCUPIED HOUSING REHABILITATION - 739 Kirkwood I j Application for 522,000.00 Housing Rehabilitation Deferred Payment Loan/Life Lien. Owner is a 64 year old widow with one roomer. Motion to approve the loan in the amount of 522,000.00 was made by Dawson, seconded by Coty, carried 7-0. ! - OWNER -OCCUPIED HOUSING REHABILITATION - 724 Ronalds Application for $22,000.00 Housing Rehabilitation Deferred Payment Loan/Life Lien. Owner plans to do some of the work himself. He has already started and has purchased some of the materials already. Barnes stated there are three contingencies before approval of the loan application: 1) tax assessed value for the property is S44,810.00 (being taxed currently due to the large lot), but the property is currently appraised at only 525,000.00 and will be appraised at 550,000.00 after rehab. 2) owner must provide funds in the amount of S13,000.00 and must have a letter from bank to verify. 3) title holder must sign all loan documents. Milkman stated reasons for approval were that the land value itself is over $19,440.00 and there are not many houses available for low to moderate income people, and that rehab of the property would improve the neighborhood. Commission members generally felt this property was not appropriate for a loan in this amount. They felt the house was too small and in a bad state of repair to justify spending this money. Parden stated that it was a doll house. Several of the members had viewed the property and Coty stated he had entered the house and said it was trashed out. Motion to deny the loan application for Housing Rehabilitation was made by Parden, seconded by Williams, carried 7-0. - MODIFIED RESIDENTIAL ACCESSIBILITY LOAN/LIEN - 755 Oakland Amount requested is $22,000.00. This is the only program where the ramp expansion and bathroom modifications could be accomplished and since the owner's income is below 50% median income, they could only afford the no interest loan of $11,000.00 for a fifteen year term with the remaining $11,000.00 reverting back to the City when the property is sold. The normal grant provides for $5,000.00. The ramp that is currently located at the back of the property is not legal. Motion to approve the loan in the amount of $22,000.00 was made by Hulse, seconded by Coty, carried 7-0. COORDINATOR'S REPORT - Seydel I - FY 88 Housing Commission/Appeals Board Annual Report - copies were distributed. - Public Housing Management Review - August 11 & 12, 1988 - copies of the HUD letter stating no deficiencies or findings were found were j distributed. /5'428 Page 3 Iowa City Housing Commission Meeting 9-13-88 - Section 8 & Public Housing Update - 187 Vouchers 552,990.00 463 Certificates 5111,053.00 Public Housing August rents - S9,658.00 54 Applications were submitted for approval. - Discuss Public Housing Insurance Iowa City Housing Authority is proposing to participate in AHRMA (ASSISTED HOUSING RISK MANAGEMENT ASSOCIATION) a group pooled self insurance program for Housing Authorities. Cost would be 570.00/unit over the next three years. Current costs are 5100.00/unit. ICHA would save 56.00/unit the first year and more each year thereafter. Premiums cannot exceed 25% increase annually. Resolution is on Council Agenda for 9-20-88 meeting requesting Council approval. Reasons for consideration are as follows: 1) broader coverage of Comprehensive General Liability (For all Housing Authority operations - Public Housing and Section 8), Fire and Extended Coverage (For Public Housing), and Public Officials and employee liability insurance. 2) initial savings, 3) long term insurance coverage i.e. no need to request bids annually for renewals, etc. AHRMA has the approval of the State Attorney General and NAHRO, and has approval of the Iowa Insurance Commission as an authorized risk management association. Housing Commission approved the recommendation to Council for the ICHA to participate in AHRMA insurance. DISCUSSION - Marianne Milkman stated she would like to invite the Housing Commission members to tour projects that are currently underway any time, just call the office and set up a time. In addition, Ms. Milkman stated that hearings would be held later this month for projects for CDBG funds. ADJOURNMENT - Motion to adjourn at 10:36 AM was made by Stadtlander, seconded by Moore, carried 7-0. Approved by: Benjamin J. Moore, Chairperson o 4) MINUTES PARKS AND RECREATION COMMISSION SEPTEMBER 14, 1988 MEMBERS PRESENT: Dotson, Henry, Hradek, Malloy, Steinbrech, Watson, Weideman, Willis MEMBERS ABSENT: Hesse STAFF PRESENT: Ellerbrock, Ertz, Howell, Kriz, Moran, Trueblood GUESTS PRESENT: Bud Gode, John Solow, Michael Green, Brett Green FORMAL ACTION Moved by Hradek, seconded by Dotson, to TAKEN: approve the minutes of August 10, 1988. Unanimous. 6 PUBLIC Bud Gode, a member of the local Audubon DISCUSSION: Society, appeared before the commission regarding the restrooms in Hickory Hill Park not being opened until late morning on September 10, 1988. He stated several birding groups use Hickory Hill Park in the early morning, and he felt the restrooms should be opened during the hours the park is open. Steinbrech asked what the present policy is regarding locking and unlocking the restrooms in the parks. Trueblood stated the city has one person who is responsible for doing this, and their priority is City,Park and then other parks where the shelters have been reserved. He stated if the groups would notify the office at the Recreation Center prior to their use of the park, staff would arrange to have the restrooms open. Mike Green addressed the commission regarding the possibility of the city constructing a municipal ice arena at some future date. Trueblood stated he had contacted Homestead Ice Rink Company to inquire about possible cost. They estimated approximately $1.5-2 million for a basic enclosed ice arena, and approximately $1 million for an open air arena with a small enclosed area. The commission would like to see how much additional support there is, how the University of Iowa would feel about the possibility of a cooperative effort, and would like to receive a solid proposal as to how it will be funded. Mr. Green stated he would begin work on this. PROPOSED PARK/ City Manager Steve Atkins was present to SPORTS COMPLEX: discuss conceptually the proposed parks/sports complex adjacent to the new sewage treatment site. Mr. Atkins reviewed the conceptual drawing. He stated he would like the commission, in its advisory capacity, to prepare a program statement on what the commission wants to see done with the park and recreation complex. The commission discussed various features of the conceptual drawing as far as uses. Trueblood stated that Metcalf & Eddy prepared the conceptual drawing, and noted that they were not park and recreation planners, and this may not be able to be done just as it appears on the drawing. It was decided that each member would prepare an individual program statement. These will be discussed at a future meeting, and a final program statement drafted. -2- /Sol CITY PARK Trueblood reviewed the memo previously mailed TENNIS COURTS: to the commission regarding the renovation Of the City Park tennis courts. Staff's recommendation would be to completely reconstruct the tennis courts. The amount currently borrowed from the Parkland Acquisition Fund would be retained and a request would be made that it be supplemented through the regular budget process next year. There were questions as to the present location of the courts, with regard to drainage and groundwater. Trueblood stated if a complete renovation was done, that this issue could be addressed at that time. Moved br Watson, seconded by Mall to approve the third option listed in the September 12 1988 memo to the commission for cpm lete renovation of the City Park tennis courts. Unanimous. NON-RESIDENT Trueblood reviewed the memo previously mailed FEE POLICY: to the commission regarding non-resident fee/participation information. Trueblood reported that approximately 10-11% non-residents participate in the programs listed, and the approximate total in FY188 paid in through non-resident fees was $8,500. Staff would like to receive the commission's input before a proposed non-resident fee Policy is drafted. Trueblood stated that in comparison with other cities in the survey, staff feels that the non-resident fee charged is sufficient, but noted it needs to be charged more consistently. Trueblood asked the commission about charging non-resident fees for youth sports and programs. The commission felt it was appropriate to charge a non-resident fee because the programs are funded by city taxes. The commission felt a non-resident fee should be charged for all programs and activities, except where it was impractical to do so. There was some discussion about the current non-resident fees for swim passes (50% higher than for residents). some sentiments were expressed that this might be too high, but nothing was decided. Trueblood asked how the commission felt about giving residents first opportunity to register for programs. The majority of the commission felt this should not be done. Willis noted that using the numbers given, he calculated on a gross basis that residents, -3- /s'a9 per capita, were paying $15.88 per person and non-residents were paying $19.54 per person. Adding property tax paid by city residents, residents are actually paying $35.09 per person, and non-residents are paying $19.54 per person. He stated if we were to balance economically the contributions that are being made, the non-resident fee could be raised from $5 to $20. He stated the non-resident fee should be increased. Malloy felt we should increase the non-resident fee to a level that would increase revenue, with the proviso that we have a policy for those people who would not be able to afford to participate because of the fees, and publicize this policy. The majority of the commission members was against increasing the non-resident fee. Moved by citizen discount presently is only applicable to residents, and asked how the commission felt with regard to this. The consensus of the commission was that the senior citizen discount is based on their age, and felt all senior citizens should be entitled to the discount. PROPOSALS FOR Trueblood stated staff would be re -submitting C.D.B.G. FUNDING: last year's projects for C.D.B.G. funding. The projects include Photo Dark Room and Potter's Studio Accessibility in the Recreation Center, Restroom in Lower City Park, and North and south Hickory Hill Park Handicapped Paths. Trueblood stated that Miller -Orchard Park could be submitted. The commission discussed how the projects were viewed during last year's C.D.B.G. funding process. The consensus of the commission was that we should prioritize the projects, with Miller -Orchard Park being given top priority. Moved by Dotson, seconded by Watson, to resubmit last year's proposals for C.D.B.G. funding, alana with Miller -Orchard Park, and indicate that Miller -Orchard Park be given top priority. Unanimous. -4- 16,07' PARKLAND Dotson reported that the committee had met COMMITTEE: and reviewed the open space plan. He stated the committee will be looking at inner city areas to see if there may be some areas that might present opportunities for open space. As far as the developed zone, it appears from the park tours that this zone is fairly well established, with the exception of the Miller -Orchard area. As far as developing zones, the committee feels the best way to pursue this is to work with Planning and Zoning, and receive their input as to where new developments and subdivisions are being proposed. Fran Malloy will be the School Board representative on the Planning and Zoning Commission and will represent the Parks and Recreation Commission also. With regard to the issue of fishing access to the Iowa River, Dotson stated he reviewed past minutes of the Riverfront Commission. He reported he had looked at the Ralston Creek area. It appears to be a nice area to fish, perhaps being a little hazardous to get down to, and has a large flat parking area. He stated it would be difficult to improve the area based on the lay of the land. Dotson felt there was nothing more the commission needed to do with regard to this issue. PARKS AND Willis reported that the final draft of the RECREATION foundation gift brochure should be completed FOUNDATION: some time next week. COMMISSION In reference to the Mercer Park Aquatic TIME: Center, Malloy stated she was asked why there was no family swim. Trueblood stated staff was looking into this. She also received a letter regarding handicapped accessibility from a woman on crutches who was prevented from using the facility due to the slipperiness of the floor. Trueblood stated staff will be contacting her and will try to accommodate her. She stated she also heard a rumor that the tile was coming up. Trueblood stated there were a few areas where the tile is coming up, and noted that the tile is under warranty and is being taken care of. Karen Hradek asked that a sign be posted at the Mercer Park Aquatic Center when there is a change in normal hours. She stated her son went to swim one day and the facility was -5- /.3079 closed. He did not see any sign. Trueblood stated signs are posted whenever there is a change in the normal hours. Hradek asked if we have volunteers who help in our SPI programs. She received a call from a lady who felt the special education kids only see each other. Moran stated we hire two staff per activity and normally have 4-6 volunteers present. Willis stated he was asked when there would be lap swimming available in the afternoon at the Mercer Park Aquatic Center. Trueblood stated we presently have afternoon lap swimming, and have lap swimming virtually all day in different sections of the pool. Steinbrech asked how the commission felt about continuing to meet at 5:30 p.m. The consensus of the commission was to continue to meet at this time. DIRECTOR'S Trueblood reported on the following: REPORT: Pool Blanket at Mercer Park Aquatic Center: The pool blanket will be funded almost entirely from the sales tax refunds. Present estimates on the sales tax refunds is $70,500, with $70,700 being the total cost of the pool blanket. Habe Ruth/Mercer Park Ball Diamonds (outfield renovation pro9ect: Staff has requested a budget carryover and are awaiting a response. The Engineering Division has not been able to shoot the elevations yet, but it appears that a large amount of dirt may need to be moved. If so, this may mean losing a season. Hand Concert in City Park: Elvis Jordan notified the office that he would be postponing the music festival which was to be held in lower City Park on September 10, 1988. ADJOURNMENT: Moved by Henry, seconded by Hradek, to adjourn 8:30 p.m. -6- �s.79 ............. I l5� J'V MINUTES SENIOR CENTER COMMISSION AUGUST 15, 1988 MEMBERS PRESENT: Jack Bock, Gerri Busse, Lorraine Dorfman, Emmett Evans, Dorothy Fiala, Bud Gode, Geri Hall, Ruth Wagner MEMBERS ABSENT: Jean Hood I STAFF PRESENT: Bette Meisel, Joyce Phelps GUESTS PRESENT: Hwi-ja Canda, Practicum Student; Rosemary Spears, CoE CALL TO ORDER/INTRODUCTIONS/PUBLIC DISCUSSION/MINUTES: Hall called the meeting to order at 3:00 p.m. Hall said an agenda item which was supposed to be on the August agenda, the video camera and equipment, would be scheduled for September. The minutes for July 18, 1988, were approved as read by unanimous voice vote. Hwi-Ja Canda, social work practicum student, introduced herself. There was no public discussion. COUNCIL OF ELDERS REPORT: Spears informed the Commission that with the help of Dorothy Cheng, a graduate student being sponsored by Susan Rogusky, the Speakers' Bureau Manual was nearing completion. Spears said they hope to have it completed by November or December. i The Council had discussed the feasibility of having a booth at the Johnson County Fair next summer. The cost for one is $70. She said they were i checking with Economy Advertising on a giveaway item, preferably one which would be redeemed at the Senior Center. Spears said the Council had voted in favor of a volunteer recognition dinner, but they preferred to eliminate the extended reading of everyone's name. They felt that the ad containing all volunteers' names in the Press -Citizen, the names in the POST, program, and scroll were sufficient. They preferred just the dinner with entertainment. Spears said the Council had a new protocol committee of Hilleman, Thomas, and Rogusky to deal with requests, problems and complaints. BIRTHDAY CELEBRATION: The birthday celebration is scheduled for September 23. The program for the afternoon is a town meeting from 3:30-4:30 p.m. featuring speakers from the Commission, the Council of Elders, and staff to answer questions; a potluck dinner from 5-6:30; and a dance from 7-10 p.m. featuring Frank Buhr's music. During intermission there will be a cakewalk and refresh- ments. /530 Senior Center Commission August 15, 1988 Page 2 Busse and Fiala have secured cold drinks and cups from the Riverside McDonald's for the birthday party. They were checking other sources for plates and napkins. Bock volunteered to pick up the drinks from McDonald's. Wagner and Spears are working on the publicity for the day. It was decided that people should bring salads or main dishes to serve six people to the potluck. The Center will provide birthday cake and drinks. SENIOR CENTER UPDATE: Meisel said Linda Oxendale was working on a variety of activities for the game room, including bumper pool, table tennis, darts, women's pool league, and other board games. Meisel said by December the idea of making the game room a "multi -game" room may be a reality. Meisel related that AARP had discontinued the service of providing coffee and tea in the lobby. This issue was considered by the Council of Elders who had decided to table the idea until cooler weather in the fall. They were not against the idea, but no one was willing to make the coffee and deal with the hassle of washing the pot, etc. Meisel explained that the library stairs which were bought last year were not functional. The unit is too heavy to move easily and too heavy for retractable casters. Bock moved that the stairs be turned into a plant stand and that Meisel should look into securing more functional stairs. Busse seconded; the motion carried, all ayes. Meisel explained that there were constant complaints about the women's bathroom. Someone had suggested the use of a device that provided toilet seat covers might help. She had checked, and to experiment with installing such a dispenser in one bathroom on a trial basis would cost between ;200-$300. After discussion, it was decided not to do this as the mess and possible plumbing problems from the paper or plastic seat covers would outweigh the good. Meisel informed the Commission that CCN was soliciting grant applications and suggestions of need for use of upcoming funds. The deadline is September 21. The public hearings are set for September 27 and 28. She explained that generally the monies go toward capital improvements such as houses or parking lots. Hall said there was a need in Iowa City for a Ronald McDonald House for older adults. This would provide a rest haven for spouses and families of older people while they were here for various medical treatments. She said many were too frail to stay in motels or guest houses, and some are here for six to eight weeks for radiation therapy. This sort of living arrangement would benefit patients of both University Hospitals and Mercy Hospital. /S3e a Senior Center Commission August 15, 1988 Page 3 JOINT MEETING OF COUNCIL OF ELDERS AND COMMISSION: Some of the purposes of holding a joint meeting are to work on communica- tion; delineate the roles of staff, Council of Elders, and Commission; and explaining step-by-step how decisions are reached. The date and time for the joint meeting is September 19 at 2:00 p.m. A committee of Busse, Hall, Meisel, and the Executive Committee will meet to discuss these various issues. The Executive Committee will meet Tuesday, September 6, at 8:00 a.m. VOLUNTEER RECOGNITION: A recognition dinner will be held on Monday, October 24. It will consist of the dinner with entertainment by the Slightly Off-Broadway Theater. The lengthy reading of names will be eliminated. The following committees and duties will facilitate this event: Contacting banks for advertising: Wagner, Busse Food (get bids, menu selection): Dorfman, Evans, Gode Table decorations, name tags, assign tables: Hall, Bock, Meisel Serving line: Evans, Gode and spouses Coffee, water, cake: Fiala, Hood, and staff Transportation and reservations: Staff and Commission Everyone will assist in removing dinner plates, serving dessert, and dumping trash. Meisel will take care of hiring janitor and kitchen help. OPEN DISCUSSION: The Commission will bring cookies, bars or other finger foods for the joint meeting on September 19. The Council of Elders will bring fruit. The Center will provide drinks. The meeting adjourned at 4:30 p.m. Minutes prepared by Joyce Phelps, Senior Center Secretary. Minutes approved by Ruth Wagner, Senior Center Commission Secretary. 15-34 A r MINUTES ANNOWN RIVERFRONT COMMISSION AUGUST 17, 1988 - 5:15 P.M. a5arr dcd (p.$) SENIOR CENTER CLASSROOM C" 9- t5 -88. MEMBERS PRESENT: Buckley, Horton, Jones, Lovell, Stroh, O'Brien, Wachal MEMBERS ABSENT: STAFF PRESENT: GUESTS PRESENT: CALL TO ORDER: Apaydin, Bruner, Hradek Rockwell, Michel Kay Gillies, Project GREEN Wachal called the meeting to order at 5:35 p.m. REVIEW AND APPROVAL OF THE JULY 6 AND 13 1988 MINUTES: Stroh moved to approve the July 6 and 13, 1988, Riverfront Commission meeting minutes. Buckley seconded. The motion carried unanimously. REVISION AND APPROVAL OF FY88 ANNUAL REPORT: Buckley requested adding an item to address the conflicting recreational activity going on between the Coralville Reservoir Dam and the Coralville Milldam, especially the problem of people who are canoeing or tubing getting mowed over by speedboats. She understood the Commission had previously addressed the situation, and asked about the history and status of this item. Wachal felt it was pointless to deal with the speedboat problem unless a new way to get the support of the Johnson County Supervisors and the Coralville City Council could be found. Jones talked about the need to enforce state motor power limits. Wachal felt that a "no -wake" ordinance would generate more leverage for change than attempting to ban waterskiing. Rockwell explained that the Commissioners had previously recommended without success that Johnson County and Coralville request an amendment to State regulations to prohibit water- skiing on that section of the river. O'Brien felt there were not enough enforcement people to police that type of restriction. Wachal agreed that policing was an issue, but stated the accidents caused by speedboats in that area were serious. He was in favor of the Commission studying the problem again. The item was added to the list of planned activities: "Study and seek resolution to safety problems occurring on the Iowa River between the Coralville Reservoir Dam and the Coralville Milldam." O'Brien asked if the Commission intended to pursue the study of what other cities were doing in terms of riverfront improvements. Stroh moved to strike that item. O'Brien stated he didn't want to delete the item. He stated that Cedar Rapids had hired someone to set up a master plan for riverfront development and that the Commission should get a copy of it. Wachal wanted the language for this item changed to "continuing an informal study" and Stroh agreed. The Commission agreed to incorporate this proposed item in the Annual Report as follows: "Continue an informal /53/ Riverfront Commission August 17, 1988 Page 2 study of other communities' riverfront improvements, organizational support and funding sources." Wachal stated that he wanted to add an item having to do with CDBG funds. Stroh suggested investigating other funding sources as well. Wachal clarified that he was discussing the $200,000 that had been "borrowed" from the Riverfront Commission by the City for an urban renewal buyout. Wachal felt strongly that the City had no business asking the Commission to compete for CDBG funding if the money should be repaid to the River - front Commission. The Commission agreed to add the item: 'Pursue repayment of $200,000 CDBG funds, which were borrowed to finance an urban renewal buyout in the 1970s. The funds should be used for riverfront preservation and development in Iowa City." Jones requested adding an item to correct erosion of private property caused by City culvert reconstruction on Ralston Creek. Jones stated that clearly the City was at fault and should have to correct the problem. This item was incorporated as the 16th planned activity on the Annual Report. Wachal stated if funding were available, improvements of the fishing area down by Harrison Street on the east side of the Iowa River should be implemented. Jones suggested that a zigzag -type of wheelchair access could be constructed. O'Brien asked if various funding options were being pursued. Jones stated that he had investigated funding that Johnson County had received through the U.S. Army Corps of Engineers. Jones stated the money had been invested, and County Supervisors would welcome suggestions on how to use the funds to benefit rural Johnson County residents. O'Brien felt the Riverfront Commission should work on obtaining funding for riverfront improvements. Jones thought this would fit in with the trail system activity. Jones then talked about developing the east bank of the river, north of I- 80 as a wilderness park. Lovell questioned if funds could be used for land acquisition. Jones responded there were no restrictions on the County money, except that it had to aid people residing in rural Johnson County. Wachal said he had talked to people interested in putting a wilderness park in the peninsula area of Iowa City. Rockwell informed the Commission that this concept was part of the 1983 Comprehensive Plan. Jones talked about the bluffs in the area and how they should be preserved. Wachal felt an eye should be kept on the environmental concerns associated with this area. Jones stated that later in the meeting he intended to propose ordinance language for dealing with environmentally sensitive areas. Wachal said the Commission should continue to study the need for action on environmental concerns as recommended by the Urban Environmental Ad Hoc Committee. O'Brien brought up the need for a sidewalk on Riverside Drive. Rockwell asked O'Brien if he wanted this as an activity item in the Annual Report. Lovell asked about the status of this project. Stroh said the University had received direction from the City to build certain sidewalks and this 1531 Riverfront Commission August 17, 1988 Page 3 sidewalk was one of them. Later, the City dropped the sidewalk construc- tion request. Rockwell stated she thought the University had agreed to maintain the sidewalk, if the City would construct it. Lovell asked if this issue should be a specific item for next year. Jones stated the sidewalk should be considered part of the trail system and should be paved. The item was included in the Annual Report as follows: 'Promote a cooperative agreement among the City, University of Iowa and the Iowa Department of Transportation to construct a wide sidewalk on the west side of the Iowa River between Iowa Avenue and Burlington Street." MOTION: Wachal moved to adopt the FY88 Annual Report as amended by the Commission. Horton seconded. The motion passed unanimously. DISCUSSION OF CDBG APPLICATIONS FOR 1989 FUNDING: Jones talked about the ugly riprap consisting of large slabs of pavement with reinforcing rods jutting out along the river next to Rocky Shore Drive. Jones thought the bank looked nice from the road, but was unattractive from the river. Gillies stated the riprap was placed there for street stabilization. Jones felt a mason would have to be brought in to break up and appropriately place the concrete. Wachal questioned if any plantings would be lost. Jones thought that about a three foot strip of the plantings would be lost because of the heavy machinery that would be needed for the project along this quarter -mile stretch of river. Wachal suggested an alternative of planting a vine cover over the cement. He added he was not suggesting trees, but vines. Jones thought grape vines might be a good idea. Wachal felt they should ask Project GREEN's advice on the situation concerning the use of vines. Wachal stated there are different types of vines and he suggested hog peanuts because that type of vine wouldn't encroach on the prairie flowers planted by Project GREEN. Lovell suggested sending a memo to Project GREEN informing them of the situation and the ideas that had been discussed. Lovell asked if the Commission wanted to request CDBG funds for this project. Wachal responded yes, under the condition that Project GREEN approved the idea. Rockwell suggested including Mayor's Youth in the project because of the conservation work involved. Buckley asked if the fishing area could be eligible for CDBG funding under the "urban blight" heading. Commission members discussed preparing a CDBG application for construction of a walk over the railroad crossing on Harrison Street and general beautification and plantings for the area. Buckley wondered if there were any limitations to expending CDBG money on University property. Rockwell stated the University would need to be a partner in a joint application for CDBG funds if improvements were to occur on University property. Jones asked if there were any other projects to be discussed. Lovell mentioned the fishing access project along Highway 6. Jones stated that IDOT would need to be involved. O'Brien thought Hills Bank might give access and stated he would talk to the bank president, Dwight Seegmiller. /53/ Riverfront Commission August 11, 1988 Page 4 Lovell asked if Mayor's Youth had talked about what they wanted to do. Rockwell replied nothing specific had been proposed for 1989 CDBG funding. Lovell asked if the Mayor's Youth could work on a Ralston Creek project. She was particularly interested in seeing the property at 11 S. Johnson acquired by the City and converted to public open space. Rockwell said Mayor's Youth could work on the property once the City acquired it and it became public property. She said Mayor's Youth couldn't do anything until the house was removed. Lovell stated she didn't want to condemn the structure and cause the elderly resident to have to relocate. Rockwell explained that if relocation was not acceptable as part of the project, the Commission might want to defer requesting funds for this proposal. Rockwell said the woman residing in the house didn't own the property; she has a life estate. The property is owned by her niece. Jones suggested buying the niece's property. Wachal said they were trying to formulate proposals for immediate use of CDBG funds. Rockwell suggested that the Commission could request that the project be made part of the City's Capital Improvements Plan. Wachal asked if the handicapped access project in Terrell Mill Park had been completed. Rockwell said funding for the project, applied for jointly with Parks and Recreation last year, was not granted. It was not considered a high priority item by the Committee on Community Needs. Buckley felt the three requests were enough. Wachal stated the Harrison Street fishing access project could require a large amount of funding. Jones thought the project could be phased. The members of the Commission discussed who was going to be responsible for each of the suggested projects. Jones said he was interested in working on the fishing access project. Wachal said he would chair the Rocky Shore Drive project. Lovell suggested having the Parks and Recrea- tion Commission sponsor the fishing access project. Stroh said he would work with Jones. He could get some cost estimates from the University's engineers. Jones said the project was contingent on property ownership and the problem of the sidewalk crossing the railroad. He felt they might need to obtain the railroad's cooperation and that there were a lot of unknowns. Rockwell stated she would contact Cindy Coffin, Special Populations Supervisor in the Parks and Recreation Department, about resubmitting an application for the Terrell Mill Park Handicapped Trail Project. DISCUSSION OF URBAN ENVIRONMENTAL CONCERNS: Jones stated he had a proposal for an ordinance that designated environ- mentally sensitive areas within the City. Jones read the following proposal which he had prepared: An ordinance to: a. Empower the City Council or Commissions designated by Council to designate areas from time to time within the City to be environmen- tally sensitive. Criteria for such designations shall include, but not be limited to: 1. areas of scenic beauty, or AW Riverfront Commission August 17, 1988 Page 5 2. areas containing unique or rare species of natural communities. b. Regulate the development of property containing environmentally sensitive areas. Development proposed after an area has been designated as environmentally sensitive shall: 1. minimize the use of fill or grading so as to preserve to the extent possible under the proposed use, the natural character of the land. 2. locate improvements on the property so that negative impacts on environmentally sensitive areas are minimized. 3. limit the uses to which such land may be put. Stroh asked whether a zoning classification could be used. Jones suggested using an overlay zone for areas such as the limestone bluffs along N. Dubuque Street, the steep bluffs west of the Elk's Lodge, the peninsula area across from Edgewater Park in Coralville and the area by the County Fairgrounds. Wachal said he was trying to get this issue off dead center; that it should have a high priority. He explained that much of what Jones proposed had been recommended to City Council by the Urban Environment Ad Hoc Committee,and incorporated through Council adoption into the City's Comprehensive Plan. Jones stated he was unaware of this, and thought that Councilor Randy Larson also needed information about this. Buckley felt the Commission should look at what had already been proposed and make modifications. Wachal requested that Rockwell forward the UEAHC recommendations to Riverfront Commission members and to the new City Council members prior to the next Commission meeting. UPDATE ON COMMISSION REVIEW ITEMS: Iowa City Ready Mix With regard to the Imperial Court Subdivision, Jones said he was looking at the preliminary LSNRD and the waiver of screening on the southeast portions of the riverbank. The stated reason for the waiver was the change in the grade which obviated the need for screening. Jones said Napoleon Park was on the opposite bank, and because of the Building Official's waiver, there was no assurance that the cement facility would be screened from the park. NOTieNt--denes-mored-te-recesend-te-8eenci4 --Eeurt-Snbd}ris}en-be-reseinded--- Herten -seconded: (Note: In light of specific information received concerning the motion above, the Commission voted unanimously at its September 28, 1988, meeting to withdraw the recommendation to Council to rescind the Building official's waiver of screening for the Imperial Court Subdivision. The August 17, 1988, minutes have been amended accordingly.) Wachal asked Rockwell to send a copy of the Commission minutes to Parks and Recreation and highlight the recommendations pertaining to that Department. /Sj/ Riverfront Commission August 17, 1988 Page 6 Wetland/Idvllwild Wachal said as far as the wetland situation was concerned, the Commission would have to wait for a decision from the U.S. Army Corps of Engineers. Lovell said as far as she knew the Idyllwild neighbors were still planning to purchase land in the area. Riverbank Definition Rockwell discussed the proposed river corridor overlay zone amendment concerning the definition of "riverbank." The proposed amendment is scheduled to be presented for City joint staff review on September 27, and reviewed by the Planning and Zoning Commission at its October 3 informal meeting and the October 6 formal meeting. Rockwell stated she would draft a memo concerning the anticipated impacts the proposed amendment would have on private as well as public properties, and developed as well as undeveloped properties. Jones stated that much of the effected area was already public land and drafting a memo on the probable impacts of the amendment should be no problem. Jones offered to work on the memo with Rockwell. Fishing Access Rockwell stated the Parks and Recreation Commission had reviewed the "fishing access and improvements" petition and decided their Parkland Committee would visit the sites and report back. Rockwell asked the Riverfront Commission if they wanted to work cooperatively with the Parks and Recreation Commission on the project and the members responded affirmatively. Rockwell said she would get the names of the Parkland Committee members to Jones to work on the Harrison Street River Access application for CDBG funds. Commission Canoe Tri Lovell suggested setting a date for a fall canoe trip. Through a process of consensus and elimination, the Commission targeted the mornings of October 16 and 22 as possible canoe trip dates. Lovell suggested that the Commission decide on the specific date at the next meeting. Commission members stated that the canoe trip should be planned to be on the stretch of river between the Coralville Milldam and the Burlington Street Dam. Lovell and Rockwell agreed to scout out the canoe access and egress points for the proposed canoe trip. ISCUSSION OF FUNDING FOR RIVERFRONT IMPROVEMENTS: O'Brien stated he had seen where the Iowa Department of Natural Resources was spending a lot of money on dredging Brown's Lake and thought the Commission should look into getting funds for dredging the Iowa River because of all the silting in it. Jones countered that it is not advisable to dredge a river to get more water in it. Stroh stated the amount of water in the river was regulated by the U.S. Army Corps of Engineers. Jones said that during the month of August, the Corps keeps the water level low in the river while accumulating it in the reservoir because of the possibility of a drought. /b'J/ Riverfront Commission August 17, 1988 Page 7 Wachal suggested using the Palmiter method because it would be a lower cost approach. Stroh said the Palmiter method had only been used on small rivers with a great deal of vegetation. O'Brien suggested studying the matter. Rockwell asked what area O'Brien was thinking of dredging. O'Brien replied that he thought the area near Highway 6 should be dredged. Wachal agreed that the riverfront area near Highway 6 needed improvements. Lovell felt the issue should be added to the list of proposed activities in the Annual Report. The rest of the Commission agreed. River City 1989 Wachal wondered if they could have Jim Anderson from the National River - park and Waterfront Association come to consult with the Commission in conjunction with another meeting, such as next River City, Iowa meeting. Wachal proposed to have Melody Rockwell get in touch with the River City organizers to have them help share the cost of having Anderson come and stated the meeting should be open to the public. Jones suggested inviting City Council members. Meeting Time Change Rockwell asked how the third Wednesday of the month Would work out for the group as a regular meeting date. The Commission agreed to schedule its meetings on the third Wednesday of the month, but requested that the meeting begin at 5:30 instead of 5:15 p.m. As an exception, however, the next meeting was scheduled for the fourth Wednesday, September 28, at 5:30 p.m. so as not to conflict with Yom Kippur. The meeting adjourned at 7:35 p.m. Minutes submitted by Greg Michel. 1 _......................... J�-t) MINUTES RESOURCES CONSERVATION COMMISSION SEPTEMBER 12, 1988 MEMBERS PRESENT: Moreland, Wittig, Duffy, Throgmorton MEMBERS ABSENT: Pelsang STAFF PRESENT: Schoenfelder CALL TO ORDER: The meeting was called to order at 7:35 p.m. by Moreland, Chair. I APPROVAL OF MINUTES: Minutes of July 11, 1988, were approved as submitted. PUBLIC AND MEMBER DISCUSSION: General public in attendance were: Jim Harris, University of Iowa Instructor in Urban & Regional Planning Tom Wittman, Student, Urban & Regional Planning, U of I Leslie Johnson, Student, Urban & Regional Planning, U of I Andy Hug, Student, Urban & Regional Planning, U of I Susan Horowitz, Iowa City Council Member Schoenfelder gave a brief description of his proposal to the RCC for a plastic milk jug recycling program called "RECYCLOTTO" where a lottery - type incentive program is implemented by the RCC to aid volunteer civic groups in collecting one gallon plastic milk jugs for sale to a plastics recycler. This program would be a fund raiser for civic groups, a waste recycling fee generator for the Iowa City landfill, and awaste ndaprize winning as well ggame for participants (general public), effort. Throgmorton introduced the U of I visitors and explained that the students could help the RCC investigate solid waste management problems and f solutions in the Iowa City area. The students would do this as a group project for credit in Jim Harris' Graduate Urban Planning course 102:215 Field Problems in Planning. i Harris gave a summary of course intent and suggested the students could be i most effective in reviewing and researching literature for technological i advances in solid waste management and make recommendations of appropri- ateness of each to the Iowa City situation. Moreland suggested the students could help the RCC by: 1. Developing the programmatic details of Schoenfelder's proposal for a "RECYCLOTTO" recycling program. 2. Conduct a survey of the commercial and industrial waste generators using the Iowa City landfill. /53 PL Resources Conservation Commission September 12, 1988 Page 2 3. Helping design a public awareness campaign through local elementary schools. Wittig indicated it might be more appropriate for the Chamber of Commerce Energy Committee, of which he is a member, to conduct the survey of industrial landfill users. He would investigate this further. Horowitz pointed out that the RCC needed to show the connection between solid waste management and economic development, as well as sensitizing the public to conservation awareness. Throgmorton summarized the four areas in which the students could help. 1. Write an "Overview" of the solid waste problem as it relates to both technological and institutional parameters. 2. Analyze Schoenfelder's proposal and develop programmatic details if feasible. 3. Develop a public school program to foster student awareness of the solid waste management problem. 4. Develop a matrix of local commercial and industrial waste generators, showing how much and what type of solid waste they send to the landfill. Harris indicated the students needed to decide what approach they should take considering the limited time of one semester. They will review this meeting's discussion and return with a work plan in one week. Throgmorton moved to have a special RCC meeting scheduled for September 21, 7:30-9:00 p.m., to review the students' work plan; Wittig seconded; passed unanimously. OTHER BUSINESS: None. ADJOURNMENT: Meeting was adjourned at 9:30 p.m. City of Iowa City MEMORANDUM Date: October 13, 1988 To: City Council From: Rosemary Vitosh, Director of Finance(.ql�-� Cathy Eisenhofer, Purchasing Agent e1� Re: Large Equipment Purchases Effective July 1, 1988, a new State law went into effect regarding large equipment purchases. It requires the City to notify other political subdivisions of planned equipment purchases which cost $50,000 or more. This legislation is intended to encourage political subdivisions to make Joint purchases of like equipment. The minutes of the governing body which initiates the purchase must state which other governmental bodies were contacted. In order to comply with this law, the Purchasing Division will, for all planned equipment purchases costing $50,000 or more, mail written notices to the City of Coralville, the Iowa City School District and the Johnson County Board of Supervisors. A copy of the notice will then be placed on the Council's agenda under the Consent Calendar. In this way, the notice will be noted in the minutes of the Council meeting. Work is currently progressing on the acquisition of equipment which will cost in excess of $50,000. The attached notice was sent on September 28, 1988, to the listed political subdivisions. The three equipment items to be purchased will each cost in excess of $50,000 and are all included in the FY89 Budget. Please contact either of us with questions on this new legislation or procedure. RV/sp/PC-3 L CITY OF IOWA CITY NOTICE: PURCHASE OF EQUIPMENT In accordance with Iowa Senate File 387 Section 28E.20 JOINT PURCHASES OF EQUIPMENT, the City of Iowa City is giving notice of intent to purchase one or more items or accessories or attachments to equipment, the total cost of which is estimated to be $50,000 or more. The following political subdivisions have been contacted: City of Coralville - City Clerk Johnson County Board of Supervisors - Chair Iowa City Community school District - Business Office NOTICE WAS MAILED: September 28, 1988 EQUIPMENT TO BE PURCHASED: One Bulldozer One Motor Grader Seven Squad Cars City of Iowa City Finance Department Central Procurement 8 Services Division /sp cc: City Council CIVIC i• CI'NTUR • 410 PAST WASIII\GTO\ STI(I IT • IOWA CIT) IOWA 52:10 (119) SS6•5000 L RESOLUTION NO. 88-214 RESOLUTION ADOPTING SUPPLEMENT NUMBER 37 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal' Code Corporation has prepared the 37th supple- ment to the Code of Ordinances of the City of Iowa City, Iowa; ani WHEREAS, it is deemed appropriate to adopt supplement number 37 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 37 to the Code of Ordinances of the City of Iowa City, Iowa, attaccfled to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to'sign, and the City Clerk to attest, this Resolution. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon ro I 7—call there were: AYES: MAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz = - Larson X McDonald Passed and approved this 18th day of October , 198 8. ATTEST: CITY CLERK // TO PQRM i%318F LEGAL DEPARTMENT W i N ■ SUPPLEMENT NO. 37 —/ CODE OF ORDINANCES City of IOWA CITY, IOWA "oseleaf Supplement This Supplement contain all ordinances from-the,calendar quarter, April through. June, 1988, which are suitable for inclu- sionin the Code; the latest,ordinance in this Supplement is: '.. Ordinance No. 883385, enacted June 28,1988. See Code Comparative Table, page 2970. Remove old pages Insert new pages., -, xxi, xxii xxi, xxii ......... _ ..... Checklist of up-to-date pages Checklist of up-to-date pages 366.1-368 367-368.1 641-642.1 641-642.1 1149-1150,1 1149,1150 ✓ 1156.1-1168 1157-1158.1 i 1161-1164 1161-1164 1167-1178.1 1167-1178.1 1183-1188 1183-1188.1 i 1649,1650 1649,1650 2197-2202 2197-2202.1 2217 2217-2220 2241,2242 2241,2242 2247-2256 2247-2256 2261-2266.2 2261-2266 2485,2486 2485-2486.1 2489,2490 2489,2490 2497,2498 2497,2498 2501,2502 2501,2502 2528.1-2530 2529-2530.2 2617-2620.1 2617-2620.3 2969, 2970 2969-2970.1 Note—An updated checklist of pages in Code is included, fol. lowing Table of Contents. _1/ INSTRUCTION SHEET—Cont'd. Index pages Index pages 2981,2982 2981,2982 2988.1-2996 2989-2996.3 3001,3002 3001,3002 3006•1-3007 3006.1-3007 3014.3 3014.3 3027-3030 3027-3030 3032.1, 3032.2 3032.1, 3032.2 i 3042.1, 3042.2 3042.1, 3042.2 3047,3048 3047,3048 3053-3054.2 3053-3054.2 3077,3078 3077,3078 3087,3088, 3087,3088 3093,3094 3093,3094 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida September, 1888 H TABLE OF CONTENTS—Cont'd. Chapter 29. Police Page .. .. Art. I. In General ........................ 1967 Art. I1. Department ..................... 1968 ..... 30. Public Transportation ..........:..... Art. I. In General ,,, , , , , , , , , , , , 2021 2021 Art. 1I. Service, Rates and Charges .. , , . , , ... 2023 31. Streets, Sidewalks and Public Places ............ 2121 Art. f. In General ........................ 2121 Art. II. Excavations ...................... 2125 Div. 1. Generally ..................... 2125 Div. 2.. Permit ........................ 2133 Art. III Curb Cuts ..................... 2134 Div. I. Generally ..................... 2134 Div. 2. Permit .. 2135 Art. IV. Numbering of Buildings............ 2136 Art. V. Sidewalks ...................... 2137 Div. 1. Generally ...............: 2137 Div. 2. Construction and Repair .......... 2138 Div. 3. ice and Snow Removal .', ......... 2140 Art. VI. Use Permits .................... 2141 Art. VII. Right -of -Way Sign Permits ......... 2147 32. Subdivision Regulations ...................... 2197 Art. 1. In General ........ . ...... . ........ 2197 Art. II. pints ............................:2202.1 Div. I. Generally ..................... 2202.1 Div. 2. Preliminary ................... 2202.1 Div. 3. Final 2205 Art. III. Standards and Specifications ........ 2211 32.1. Taxation and Revenue ...................... 2241 Art. 1. In Cenral ........ . ......... . .. . .. 2241 Art. Pl. Hotel and Motel Tax .......... . ..... 2241 Art. 111. Partial Property Tax Exemption for In. dustriul Property ................. 2242 Art. IV. Schedule of Fees,,,,,,,,,,,,,,,,,, 22,15 Art. V. Municipal Bond Financing . , , , , , , , , , 2265 Supp. No. 37 xxi 1537 IOWA CITY CODE Chapter Page 33. Utilities ................................... 2267 Art. I. In General ........................ 2267 'Art. Il. Sewers and Sewage Disposal......... 2268 Div. 1. Generally ..................... 2268 . Div. 2. Private Sewage Disposal........ 2269 Div. 3. Rates and Charges:.......:..... 2271 Diva 4. Storm Water Runoff' ............ 2274.5 Div. 5. Building. Sewer Requirements and .'Industrial Waste Control ........ 2282 Div. 6. Industrial Waste Control—Additional Regulations .. ...2282.13 Art. III. Underground Electric Service ....... 2282.29 Art. IV. Underground Telephone Service ..... 2286 Art. V. Water ...........*................ 2298 Div. 1. Generally ......... 2288 Div. 2. Connections ................... 2291 Div. 3. Meters ....................... 2294 Div. 4. Rales and Charges .............. 2297 Art. VI. Pub] icUtilities Regulations ......... 2302 Div. 1. ' Title, Purpose, Definitions, Etc... 2302 Div. 2. Management of Public Utility Use of Public Righbof-Way; Public Util• ity Systems Planning .......... .2304 Div. 3, General Provisions ............ 2312 34. Vegetation .................................. 2351 Art. 1. In General ........................ 2351 Art, Il. Forestry ......................... 2351 Div. 1. Generally ..................... 2351 Div. 2. Arboricultural Specifications and Standards of Practice ........... 2360 Div. 3. Permits for Work on Public Property 2364 Art. 111. Weed Control .......... . ........•. 2366 35. Vehicles forHire ............................. 2419 Art. I. In General ........................ 2419 Art. 11. Taxicabs ......................... 2419 Div. 1. Generally' ..................... 2419 Div. 2. 1lorse•drawn Vehicles ... , ....... 2428 Supp. No.97 xxii t,..`ti`<°�•. /.5'37 Checklist of Up -to -Date Pages frhls checklist will he updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and re- moved in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted orprinted in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 7,8 24 iii, iv OC 9,10 24 V. vi OC 11,12 24 vii 3 13,14 24 ix, x 35 15,16 24 xi, xii OC 17,18 24 xiii, xiv OC 19,20 33 xv, xvi 34 71 27 xvii,xviii 33 121,122 31 xix, xx 34 122.1 31 xxi, xxii 37 123, 124 OC xxiii 34 125,126 31 1,2 24 127,128 35 3,4 27 177,178 34 5,6 24 179,180 27 Supp. No. 37 Ill /59 % 9 IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. _ 181,182 18 368.1 37 183,184 25 369,370 34 185,186 25 371,372 18 186.1 25 372.1, 372.2 18 187,188 32 372.3 18 188.1 10 373,374 5 189, 190 OC 375,376 34 191,192 OC 376.1 34 193,194 16 377,378 1 195,196 OC 378.1 1 197,198 OC 379,380 OC 199,200 6 381,382 29 201,202 34 383,384 29 251,262 28 385 29 303,304 26 431 28 304.1 26 483,484 8 305,306 13 485,486 8 307,308 14 487,488 8 309,310 14 489,490 8 311,312 14 491,492 35 313,314 14 493,494 35 315,316 14 495,496 35 317,318 14 497,498 35 319,320 14 531,532 33 321,322 14 533,534 33 323,324 14 535,536 33 325,326 23 537,538 33 327,328 23 539,540 33 329,330 23 541,542 33 331,332 23 543,544 33 333,334 23 545,546 33 335,336 23 547,548 33 337,338 25 549,550 33 339,340 25 551,652 33 341,342 25 653,554 33 343,344 25 555 33 363,364 29 557,558 17 365,366 29 559,560 17 367,368 37 561,662 17 Supp. No. 37 [2] 9 9 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. 563,564 565,566 26 681,682 11 567,568 35 683 35 739,740 20 569,570 571,572 35 741,742 33 33 673,574 35 743,744 35 745,746 3 576,676 35 747,748 333 33 577,578 578.1 35 749,750 33 579,580 35 751,752 33 753,754 33 581,582 33 765 33 583,584 33 811, 812 33 OC 585,586 567,688 33 813.814 33 589,590 33 816,816 33 817,818 33 591,592 593,594 33 867,868 33 OC 595 33 915,916 31 617, 6 33 917,918 OC 919, 920 31 639,6900 36 921,922 31 31 641,642 37 923,924 31 642.1 643,644 37 925,926 31 645,646 35 927,928 - 35 929,930 31 646.1 647,698 35 931,932 31 14 649,650 29 933,934 29 935,936 19 651,652 29 937,938 19 19 653,654 655,656 29 938.1, 938.2 19 671,672 29 939,940 1 673 17 941,942 675,676 17 943,944 1 677,678 11 945,946 20 947,948 1 679,680 20 949,950 1 1 680.1, 680.2 20 950,1, 959.2 1 680.3, 680.4 20 951,952 1 680.5,680.6 20 953,954 1 680.7 20 955,956 1 Supp. No. 37 131 1-5,37 9 "OWA CITY CODE Page No. Supp: N0. Page Nor Supp No. 957,958 959,960 - '1 1049 OC 961,962 19 1149,1160 19 1151,1152 37 I 963,964 965,966 23 1153,1164 8 8 967,968 1 1155,1166 20 969,970 1 1157,1158 37 971,972 1 1168.1 " 1 37 973,974 1159,1160 .8 I 975,976 .,.19 1161,1162 37 976.1 30 1163,1164 37 977,978 30 1165,1166 8 978.1 19 1167,1168 37 979,980 19 1169,1170 37 980.11980.2 1 1171,1172 37 980.3,980.4 1 1173,1174 23 37 980.4.1 1175,1176 23 1177,1178 37 980.5,980.6 1 1178.1 97 980.7,980.8 980.8,1 23 1179,1180 37 16 980.91980.10 23 1181,1182 19 1183,1184 15 980.11,980.12 980.12.1 -19 1185,1186 37 37 980.13, 980.14 19 1187,1188 1 1188.1 37, 980.16, 980.16 981, 5, 1 1189,1190 37 13 983,984 29 1191,1192 13 984,1 29 1193 8 984.1 29 1229,1230 21 986,1 3 1231,1232 21 987,988 3 1233,1234 21 989,990 1 1235,1236 34 1237,1238 21 990.1 991,992 34 1239,1240 23 2 993,994 29 1241,1242 21 1 994.1, 994.2 34 1243,1244 34 1245,1246 21 995,996 997,998 11 1247,1248 21 21 1 1249,1260 21 Supp. No, 37 11 1251 26 [4] t a CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Sapp. No. 1297 1351, 1352 28 1567,1568 OC 1568.1,1568.2 11 1353,1354 33 1569,1570 33 33 1355,1356 18 1671,1572 33 j 1907,1408 28 1572.1, 1572.2 11 1409,1410 28 1573,1574 11 1411, 1412 1413, 1414 i OC 1675,1576 OC 11 1416, 1416 1577,1578 OC 1579,1580 11 1465,1466 33 1581,1582 11 34 1467,1468 33 1683,1584 34 1469 1471,1472 33 1685,1586 34 1473,1474 14 1587,1688 33 1589,1590 34 1476,1476 14 1591,1592 34 34 1477,1478 14 1593,1694 34 1479,1480 14 1595,1596 2 1481 14 1597 2 1527,1528 18 1643,1644 35 1529,1530 10 1645,1646 1 1531,1532 3 1646.1 1 1633,1534 11 1647, 1648 OC 1636,1636 11 1649,1650 37 1537,1538 11 1651, 1652 OC 1539,1540 11 1653, 1654 OC 1541,1542 11 1655, 1656 OC 1543,1544 11 1657,1658 27 1546,1646 11 1659,1660 27 1547,1648 11 1661,1662 26 1549,1550 22 1662.1, 1662.2 28 1551,1552 18 1662.3,1662.4 26 1553 1556,1656 18 1663,1664 14 1557,1658 11 1665,1666 14 1667,1668 14 1559,1560 11 1669,1670 28 35 1561,1562 11 1671 35 1663,1664 25 1681,1682 14 1564.1 25 1683,1684 14 1665,1566 11 1685,1686 14 Supp. No, 37 151 a IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 1 1687,1688 - 14 1967, 1968 OC 1689,1690 14 1969, 1970 OC 1691,1692 14 2021,2022 - '.34 1693,1694 14 2023,2024 34 1695,1696 14 2025 34 1697,1698 14 2121,2122 21 1713,1714 19 2123,2124 25 1715,1716 35 2125,2126 35 1716.1 35 2126.1,2126.2 35 1717, 1718 OC 2126.3 35 1719,1720 34 2127,2128 30 1721,1722 35 2129,2130 25 1722.1 35 2131,2132 25 1723, 1724 OC 2133,2134 25 1725,1726 23 2134.1 25 1727 23 2135, 2136 OC 1776,1776 34 2137,2138 Oc 1777,1778 34 2139,2140 4 /�- 1779,1780 34 2140.1 36 1831,1832 29 2141, 2142 OC 1833,1834 29 2143,2144 35 1835,1836 29 2144.1 35 1837,1838 29 2145, 2146 OC 1839,1840 34 2147,2148 20 1841,1842 34 2149,2150 20 1843,1844 12 2151,2162 20 1845,1846 12 2197,2198 37 1847,1848 26 2199,2200 37 1848.1 26 2201,2202 37 1849, 1850 OC 2202.1 37 1861, 1652 OC 2203, 2204 16 1853,1854 23 2205,2206 16 1855,1856 23 2207,2208 16 1857,1858 27 2208.1 16 18581 27 2209,2210 12 1859,1860 23 2210.1 12 1861,1862 23 2211, 2212 OC 1863,1864 23 2213,2214 3 1903 24 2215,2216 3 Supp, No. 37 [6] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. 2217,2218 2219, 2220 37 2282.25,2282.26 2241, 2242 37 2282.27, 2282.28 37 2282.29, 2282.30 2243,2244 2245,2246 27 2283,2284 2247, 2248 34 2285,2286 37 2287, 2288 2249,2250 37 2289,2290 2251, 2262 37 2290.1 2253,2254 37 2291,2292 2266,2256 37 2292.1 2257,2258 35 2293,2294 2259,2260 35 2295,2296 2261,2262 37 2297,2298 2263,2264 2265, 2266 37 2299,2300 2267,2268 37 2300.1, 2300.2 31 2301,2302 2269, 2270 7 2302.1 2271,2272 9 2303,2304 2273,2274 34 2305,2306 2274.1,2274.2 36 2307,2308 2274.3,2274,4 36 2309,2310 2274.5,2274.6 36 2311,2312 2275,2276 1 2313 2276.1 1 2351,2352 2277, 2278 OC 2353, 2354 2279, 2280 2281,2282 14 2355, 2356 2282.1,2282.2 14 2357, 2358 7 2359,2360 2282.3,2282.4 7 2361, 2362 2282.5, 2282.6 7 2363, 2364 2282.7,2282.8 7 2365,2366 2282.9,2282.10 7 2367,2368 2282.11,2282.12 7 2369,2370 2282.13,2282.14 20 2419,2420 2282.15,2282.16 20 2421,2422 2282.17,2282.18 20 2423,2424 2282.19,2282.20 27 2425,2426 2282.21, 2282.22 20 2426.1 2282.23, 2282.24 20 2427, 2428 Supp. No. 37 `J [7] h Supp. No. 20 20 20 OC OC OC 18 13 6 6 OC 18 34 36 36 34 34 31 31 31 31 31 31 1 OC OC OC 9 OC OC 1 1 13 25 25 25 34 34 26 1.573 i IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 2429 25 2539,2540 25 2477,2478 25 2541,2542 25 2479,2480 35 2543,2544 25 2481 35 2545,2546 35 2483,2484 19 2546.1 35 2485,2486 37 2547,2548 33 2486.1 37 2548.1, 2548.2 33 2487,2488 35 2548.3,2548.4 33 2489,2490 37 2649,2550 26 2490.1 35 2551,2552 26 2491,2492 25 2553,2554 33 2493,2494 36 2555,2556 33 2495,2496 36 2579,2580 19 2496.1 36 2581,2582 31 i 2497,2498 37 2583,2584 31 2499,2500 25 2585,2586 31 2601,2502 37 2586.1,2586.2 31 2502.1 35 2586.3, 2586.4 31 2503,2504 27 2587,2588 35 j 2505,2506 35 2591,2592 35 2507,2508 35 2593,2594 25 2609,2510 35 2595,2596 35 2511,2512 35 2597,2598 19 2513,2514 35 2599,2600 27 2515,2516 36 2601,2602 36 2517,2518 35 2603,2604 19 2519,2520 25 2605,2606 27 2521,2522 35 2606.1 27 2623,2524 35 2607,2608 19 2525,2526 35 2609,2610 31 2526.1 35 2611,2612 36 2527,2528 25 2613,2614 36 2529,2530 37 2614.1 36 2530.1, 253D.2 37 2615,2616 27 2531,2532 27 2617,2618 37 2533,2534 27 2619,2620 37 2535,2536 31 2620.1,2620.2 37 2537,2538 31 2620.3 37 2538.1 31 2621,2622 25 Supp, No, 37 181 is37 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2623,2624 29 2687 19 2625,2626 29 2787 19 2627,2628 29 2913,2914 35 2628.1 29 2935, 2936 Oc 2629,2630 26 2937,2938 14 2631,2632 27 2939,2940 16 2632.1 27 2941,2942 16 2633,2634 26 2943, 2944 OC 2635,2636 34 2945,2946 OC 2636.1 34 2947,2948 13 2637,2638 .29 2949,2950 OC j 2639,2640 34 2951,2952 2 - 2641,2642 34 2953,2954 5 2642.1 34 2955,2956 7 2643,2644 24 2957,2958 13 2645,2646 28 2959,2960 19 2647,2648 25 2961,2962 24 2649,2650 27 2963,2964 24 2651,2652 36 2965,2966 27 2653,2664 36 2967,2968 34 2654,1 36 2969,2970 37 2655,2656 27 2970.1 37 2667,2668 25 2971,2972 OC 2659,2660 25 2973,2974 24 2661,2662 22 2975,2976 24 2663,2664 25 2977,2978 35 2664.1. 2664.2 27 2979,2980 26 2665,2666 28 2981,2982 37 2667,2668 28 2983,2984 35 2669,2670 28 2984.1,2984.2 35 2671,2672 19 2985,2986 28 2673,2674 25 2987,2988 35 2675,2676 27 2989,2990 37 2676.1 27 2991,2992 37 2677,2678 25 2993,2994 37 2679,2680 19 2995,2996 37 2681,2682 19 2996.1,2996.2 37 2683,2684 19 2996.3 37 2685,2686 19 2997,2998 34 J Supp. No. 37 (9] 437 Supp. No. 37 (101 IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 2999,3000 34 3041,3042 28 3001,3002 37 3042.1,3042.2 37 3003,3004 35 3043 34 3004.1 35 3044.1,3044.2 28 3005,3006 28 3045,3046 28 3006.1,3006.2 37 3047,3048 37 3007 37 3049,3050 21 3008.1,3008.2 33 3051,3052 36 3008.2.1 33 3053,3054 37 3008.3, 3008.4 28 3054.1, 3054.2 37 3009 28 3055 34 3010.1, 3010.2 5 3056.1, 3056.2 16 3011,3012 31 3057.3058 34 3013,3014 34 3059,3060 18 3014.1,3014.2 34 3061,3062 34 3014.3 37 3063, 3064 2 3015,3016 28 3065,3066 18 3016.1 28 3067,3068 18 �.. 3017,3018 19 3069,3070 34 3018.1 19 3071,3072 34 3019,3020 8 3073,3074 34 3020.1,3020.2 31 3075,3076 35 3020.3 31 3076.1, 3076.2 36 3021,3022 28 3076.3 36 3023,3024 33 3077,3078 37 3025,3026 34 3079,3080 19 3027,3028 37 3081,3082 19 3029,3030 37 3083,3084 33 3031,3032 34 3085,3086 27 3032.1,3032.2 37 3087,3088 37 3033,3034 35 3089,3090 27 3035,3036 35 3090.1 27 3036.1 35 3091,3092 24 3037,3038 29 3093,3094 37 3039,3040 33 Supp. No. 37 (101 r ALCOHOLIC BEVERAGES gg.2 (1) Sell, dispense or give to any intoxicated person or one simulating intoxication, any alcoholic liquor or beer. (2) Sell or dispense any alcoholic beverage or beer on the premises covered by the license or permit, or permit its consumption thereon between the hours of 2:00 a.m. and 6:00 a.m. on any weekday, and between the hours of 2:00 a.m. on Sunday and 6:00 a.m. on the following Monday: however, a holder of a liquor control license or class B beer permit who has been granted the privi- lege of selling alcoholic liquor or beer on Sunday may sell or dispense such liquor or beer between the hours of noon and 10:00 p.m. on Sunday. A holder of a class C beer permit as defined in Article II of this chapter may sell beer from noon until 10:00 p.m. on Sunday. (8) Sell alcoholic liquor or beer to any person on credit except with a bona fide credit card. This provision shall not apply to sales by a club to its members nor to sales by a hotel or motel to bona fide registered guests. (d) Employ any person under the age of eighteen (18) Years in the sale or serving of alcoholic liquor or beer for consumption on the premises where sold. (6) Sell, give or otherwise supply any alcoholic beverage or beer to any person knowing or having reasonable cause to believe such person is under legal age, or Permit any person knowing or having reasonable cause' to believe such person is under legal age to consume any alcoholic beverage or beer. (6) In the case of a retail beer permittee, knowingly allow the mixing or adding of alcohol or any alcoholic bever- age to beer or any other beverage in or about his/her place of business. (7) Keep, or allow to be kept, gambling devices of any kind or description on the premises or place of business of the licensee or permit holder, contrary to law. Supp, Nn. 37 367 153 55-2 IOWA CITY CODE (8) Permit dancing unless the permittee has first secured a dance hall license under the provisions of the ordi. nances of this city. (Code 1966, § 5.24.18; Ord. No. 2605; Ord. No. 2642, § 19; Ord. No. 73-2677; Ord. No. 73-2686, §,I1, 10-9-73; Ord, No. 79-2950, § 2, 43-79) Sec. 5-3. Beer brand signs Prohibited. No signs or other matter advertising any brand of beer shall be erected or placed upon the outside of any premises occupied by a licensee or permittee under this chapter authorized to sell beer at retail. All such signs formerly erected shall be removed by the owner thereof by July 1, 1974. (Code 1966, 4 5.24.19; Ord. No.2605) Crass reference--Adverthina, Ch. 6. See. 5.4. Consumption or possession in public places and municipal buildings; intoldeation. (a) It shall be unlawful for any person to consume or drink any alcoholic beverage or beer on any public street, ground, highway, sidewalk or alley in the city. A person shall not use or consume alcoholic liquor or beer in any public place within the city, except premises covered by a liquor control license. (b) A person shall not consume or possess any alcoholic bever- age or beer on park property. (c) A person shall not use or consume any alcoholic beverage or beer in any municipal building, except a municipal building cov- ered by a liquor control license. Prior to presentation of the license application to the city council, the citymanager shall endorse thereon his/her recommendation regarding such use or consumption of alcoholic beverages or beer in the municipal build. ing. (Ord. No. 88.3370, 1(B), 4.6.88) Editor's note—Section 1(D) of Ord. No. 683370, adopted April 5, 1986, re. Pealed former 154 and enacted a now 4 5-0 in lieu thereof to read as herein set out. The repealed provisions pertained w consumption of alcoholic liquors or beer In public places and to intoxication, and derived from Code 1966,115.24.23; and Ord. No. 2605. Cross rnforences—City plow, Ch. 9.1; library, Ch. 20; parka and recreation, Ch. 25; streets, sidewalks and public places, Ch. 31. SuPP No. 37 368 15-37 A S ALCOHOLIC BEVERAGES 45.6 Sec. 5.5. Persons under legal age. No person shall sell, give or otherwise supply alcoholic liquor or beer to any person knowing or having reasonable cause to believe such person is under legal age, and no person under legal age shall individually or jointly have alcoholic liquor or beer in his/her possession or control; except in the case of liquor or beer given or dispensed to a person under legal age within a private home and with the knowledge and consent of the parent or guard- ian for beverage or medicinal purposes or as administered to him by either a physician or dentist for medicinal purposes, and ex. cept to the extent that a person under legal age may handle alcoholic beverages and beer during the regular course of his employment by a liquor control licensee or beer permittee under state law. (Code 1966, 4 5.24.24; Ord. No. 2605) Cross reference—Curfew for minors, Ch. 24, Art, 11, Div. S. See. 5•6. Dancing restricted in connection with business. (a) When allowed Dancing is hereby authorized in connection with the operation of a liquor control license or a class B beer permit in establishments having at least one hundred fifty (150) square feet for dancing subject to the licensing provisions and regulations of this Code and the Statutes of the state. (b) License required. It shall be unlawful for any holder of a liquor control license or a class B beer permit to allow dancing In connection with the operation of such business without first securing a license therefor from the city clerk. Supp. No. 37 368,1 037 -�� CITY PLAZA 4 9.1.3 Kiosk A small structure that is stationary and can be either permanent or seasonal in nature. Landscaping: Live plant materiel used strictly for an ornamental or ecological purpose. Mobile vending cart: A nonmotorized structure on wheels that is easily moved and is used for vending. Mobile vendor: Operator of mobile vending cart. - Outdoor cafe: An outdoor area immediately adjacent to a res- taurant (food service establishment) where food and beverages, dispensed in the food service establishment, are taken for con- sumption by persons seated at tables in the outdoor area. Permanent structurr_• Any structure erected for a year-round use. Plaza cafe: An outdoor area in City Plaza immediately adjacent to a restaurant (food service establishment) where food and bev- erages, dispensed in the food service establishment, are taken for consumption by persons seated at tables in the outdoor area. Seasonal construction: Any structure erected for a seasonal or temporary activity and which is removed from the plaza in offseason. (Ord. No. 78.2894, § 2, 5.16.78; Ord. No. 82.3058, § 4, 4.27.82;• Ord. No. 84.3216, § 2, 124.84; Ord. No. 86.3288, § 2(1), 6.3-86; Ord. No. 88.3368, § 1, 2.23.88) Sec. 9.1-3. Description of mill ionee (a) Zone l: The ten-foot strip directly abutting the private prop. erty lines. Zone 1 extends the length of the City Plaza along all sides of the plaza. . (b) Zone 2: The six-foot pedestrian lanes adjoining Zone 1 on each side, the landscaped areas, the areas with street furniture and features, and other areas as specified on map. (c) Zone 3. The emergency/service lane. The zones are illustrated on the City Plaza map kept on file in the office of the city clerk. This map can be amended from time to time as necessary by resolution. (Ord. No, 78.2894, § 3, 5.16.78; -6ri3: No. $23058, 4 5, 4.27.82; Ord: No. 86.3288, § 2(2), 6.3.86) Supp. No. 37 641 15 9 r 49.1-4 IOWA CITY CODE . Sec. 9.14. Bicycle, coasting, skating regulations; exemption; violation. No person shall ride a bicycle within City Plaza. No bicycles shall be left unattended within City Plaza unless located in a bicycle rack. No person shall coast, slide, roller skate, skate board or use any other such coasting or wheeled device within the City Plaza. Wheelchairs and other wheeled handicapped as- sistance devices, when used by a handicapped person, shall be exempt from the provisions of this section. Violation of this sec- tion shall be punishable as a misdemeanor. (Ord. No. 88.3375, 4 1,4-19-88) Editor's note—Section 1 of Ord. No. 8843375, adopted April 19, 19118, repealed former 19.14, In pertaining to bicycle regulations, and enacted a new 19.14 in lieu thereof to read as herein set out. The repealed provisions derived from Ord. No. 78.2894, 14, adopted May 16, 1978, and Ord. No. 82.3058, 4 6, adopted April 27, 1982. Cross reference—Bicycle regulations generally, 123-62 at seq. Sec. 9.1.5. Motor vehicle regulations. Except as otherwise provided herein, no motor vehicles, ex. cept emergency vehicles, shall be operated within the limits of City Plaza without a permit. A permit for the operation of motor vehicles within City Plaza may be issued by the city manager on his/her designee upon application according to the following conditions: (a) Any business located on property which does not other- wise abut a public right-of-way other than City Plaza maybe granted a continuing permit upon a showing that such is necessary to provide for the delivery of goods to or from the business. Such permit shall allow the presence of the vehicle within the plaza only during active loading and unloading. (b) Any individual may be granted a temporary permit upon n showing that the placement oi• operation of a motor vehicle upon City Plaza for a specified, limited period of time is necessary. (c) A service vehicle operated by the city may operate within City Plaza withouta permit when performing necessary maintennnce requiring the use of the vehicle. Supp. No. 37 642 15-37 9 j CITY PLAZA 4 9.1-7 � VJ" Any violation of this section shall be a simple misdemeanor. (Ord. No. 78.2894, § 5,6-16.78; Ord. No. 82.3058, § 7,4-27-82) Sec. 9.1-6. Animal regulations. Notwithstanding the provisions of any other city ordinance, no person shall take, accompany or allow any animal into City Plaza. This provision shall not apply to a Seeing Eye dog being used to assist a blind person. Any violation of this section shall be a simple misdemeanor. (Ord. No. 78.2894, § 6,6-16-78; Ord. No. 82.3058, § 8,4-27-82) Croce reference—Animals and fowl, Ch. 7. See. 9.1.7. Use of City Plaza. (a) Permitted uses: Permitted uses include those listed below. Other uses ennsistent with the purposes stated in section 9.1.1 may be permitted if specifically Approved. When a mobile or temporary use is allowed, it is understood that this authorization does not extend to Zone 1 or Zone 2 areas which are already leased for other purposes; e.g., mobile vending carts may not approach patrons seated in a sidewalk cafe. (1) Ambulatory vendors, e.g., balloons or portraits (Zone 1, 2, 3). (2) Mobile vending carts for food, flowers/plants, news- papers/magazines, etc. (Zone 2). Supp. No. 37 642.1 Chapter 17 HOUSING* Sec. 17-1. General provisions. (a) Title. This chapter shall be known and designated as the Iowa City Housing Code, hereinafter referred to as "the bous- ing code." (b) Compliance with state code The city, in compliance with the requirements of the Code of Iowa 364.17, hereby adopts the De- cember 17, 1979, version of the "Housing Quality Standards" promulgated by the United States Department of Housing and Urban Development (24 C.F.R. Section 882.109(a) through (1), as the adopted model Housing Code for the City. The City has inte. grated the (Housing Quality Standard in Sections 17.1 through 17.8 of the housing code which provisions, to be enforced by the city, are as stringent as, or more stringent than, those in the model housing code as adopted. (c) Purpose. It is hereby declared that the purpose of the Iowa City Housing Code is to ensure that housing. facilities and conditions are of the quality necessary to protect and pro. mote the health, safety and welfare of not only those persons utilizing the housing, but the general public as well, It is hereby further declared that the purpose of this chapter is to determine 'Editor's note—Section 8 of Ord. No. 8014, adopted Dem 19, 1980, repealed the ordinances listed in the chart below, which ordinances, along with Ord. Noe. 2893 and 2909, Composed Ch. 17, QI 17-1-17-14, concerning housing. Section 2 of Ord. No. 80.8014 set out a new Ch. 37, If 17.1-17.9, concerning the same subject Ord. No. Sec. Date Ord. No. Sem Date 78.2891 11 S. 9.78 79.2972 2 9.18.70 79.2946 2 3. 6.79 79.2977 2 10-30-79 79.2963 2 S. 8.79 79.2978 2 11- 6.79 ?9-2D62 '2 7.17-79 Cross references—Department of housing and inspection services, Ch. 2, Art V1; buildings and building regulations, Ch. 8; electrical regula- tions, Ch. 11; fire prevention and protection, Ch. 12; manufactured housing. Ch. 22; plumbing, Ch. 28. Supp. No. 37 1149 1s,37 9 117-1 IOWA CITY CODE the responsibilities of owners, operators, occupants and the city necessary to maintain and administer the standards of the hous. ing code. (d) Scope. The provisions of this chapter shall apply to. all dwellings, within the jurisdiction of the city, used or intended to be used for human occupancy, except that said provisions shall not be applicable to temporary housing as defined herein. (Ord. No. 80-3014, § 2,12.16.80; Ord. No. 88.3386, § 1, 6.28.88) Sec: 17.2. Defhdtions.' For the, purposes of this chapter, the terms defined herein shall have the following meanings: .Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," "Type III dwelling unit" or "premises" are used in this chapter, they shall beconstruedas though they: were followed by the words "or any part thereof." Whenever the word "dwelling unit(s)" is used in this chapter it shall include Type III dwelling unit(s). Acceptable or approved shall mean in substantial compliance with the provisions of this chapter. . 1 Accessory structure shall mean a detached structure which Is not used, nor intended to be used, for living or sleeping by human occupants: Adjoining grade shall mean the elevation of the ground which extends three (3) feet from the perimeter of the dwelling. Approved (see "acceptable"). Appurtenance shall mean that which is directly or indirectly connected or accessory to a thing. Attic shall mean any story situated wholly or partly within the roof and so designed, arranged or built to be used for business, storage or habitation, Basement shall mean a portion or story of a building, next below the first or main floor which may or may not be con- sidered habitable apace. Bath shall mean a bathtub or shower stall connected with both hot and cold water lines. Supp No. 37 1160 ,,. I.S37 9 i i I HOUSING § 17-a (b) Inspections. (1) Inspection of owner -occupiers single-family dwellings. In. spections of owner -occupied, single-family dwellings shall occur only upon request or complaint to the inspector and only the standards of sections 17-5, 17-7 and 17.8 shall be applicable. (2) Inspections of structure items. The'provisions of sections 17.5 and 17.6 in effect at the time of issuance of a certifi. cate of structure compliance shall be the only structure standards applicable to a dwelling. Upon the issuance of a certificate of structure compliance, there shall be no fur. ther inspection and enforcement of the structure items under sections 17.5 and 17.6 of the housing code. - (3) Maintenance inspections. Inspections of the provisions of section 17.7 of the housing code shall be conducted upon request, on a complaint basis, and/or through a program of regular rental inspections in which regular inspections shall be conducted as determined by resolution of the city council but shall not be conducted more frequently than yearly nor less frequently than as follows: Multiple dwelling units (Including condomin- iums and cooperatives in which one or more rental units are located.) ....... Every 2 years Rooming house .................... '.. Every 2 years Duplexes (Including condominiums, and co- operatives in which one or more rental unite are located.) ................. Every 8 years Single-family rental dwellings .......... Every 4 years (c) Access by owner or operator. Every occupant of a dwell. ling, dwelling unit or rooming unit shall give, upon proper notice, the owner or operator thereof, or his/her agent or employee, access to any part of such dwelling, dwelling unit, rooming unit or premises at all reasonable times for the pur- pose of effecting such maintenance, making such repairs or making such alterations as are necessary to effect compliance JSupp. No. 37 1167 <4 1537 I § 17-3 IOWA CrrY CODE with, or any lawful notice or order issued pursuant to, the pro- visions of the housing code. (d) Access by inspector. The inspector is hereby authorized to conduct consensual inspections of any dwelling within Iowa City in order to perform the duty of safeguarding the health, safety and general welfare of the occupants or the public. Whenever necessary to make an inspection to enforce any of the provisions of the housing code or whenever the inspector has reasonable cause to believe that there exists in any dwell- ing, dwelling unit, rooming unit, or premises any condition which makes such unit or premises in violation of any provision of the housing code or in response to a complaint that an alleged violation of a provision of the housing code may exist, the inspector may enter such unit or premises at all reasonable times to inspect the same or to perform any duty imposed upon the inspector by the housing code; provided that if such unit or premises be occupied, he/she shall first make a reason- able effort to locate the owner or other person having charge or control of the building or premises and request entry. The inspector or authorized representative shall at such time: (1) identify himself/herself and his/her position; and (2) ex- plain why entry is sought. If entry is refused, the inspector shall request that the inspection be conducted at a reasonable time, suitable to the owner or occupant. If the request for future entry is refused, the inspector shall at that time, or at a later time, explain to he owner and/or occupant that: (1) the occupant may refuse, wihout penalty, entry without a search warrant; and (2) the inspector may apply to the magistrate for a search warrant. (e) Search warrant. If consent to inspect a building is with- held by any person or persons having the lawful right to ex- clude, the inspector may apply to a magistrate of the Iowa District Court in and for Johnson County for a search warrant of the building. No owner or occupant or any other person having charge, care or control of any dwelling, dwelling unit, rooming unit, structure or premises shall fail or neglect, after presentation of a search warrant, to properly permit entry therein by the inspector or his/her authorized represeptativo Supp. No. 37 1158 9 I HOUSING 417.3 for the purpose of inspection and examination pursuant to the housing bode. (f) Service of notice. Whenever the inspector determines that there has been a violation of any provision of the housing code, he/she shall give notice of such violation and an appeal request form to the person or persons responsible therefor. Such notice shall: i i i i i I � Supp. No. 37 1158.1 137 HOUSING 117-3 (i) Appeals board procedures. (1) The housing appeals board, upon receipt of an appeal re- -quest and payment of the filing fee, as established by resolution of the city council, shell set a time and a place for the hearing. The applicant shall be advised, in writing, of such time and place at least seven (7) days prior to the date of the. hearing. (2) At such a hearing the applicant shall have an opportunity to be heard and to show cause as to why such notice or . order should be modified, extended, revoked or why a vari- ance should be granted. (3) The housing appeals board, by a majority vote, may sus- tain, modify, extend or revoke a notice to grant or deny e variance. (4) The housing appeals board may grant variances or exten- sions of time to make repairs. In the event that an exten- sion and/or variance is granted, the board shall observe the following conditions: a. In lieu of or in addition to administrative extensions, the housing appeals board may grant an extension or extensions of time for the compliance of any order or notice provided that the board makes specific findings of fact based on evidence relating to the following: 1. That there are practical difficulties or unneces. sary hardships in carrying out the strict letter of any notice or order; and 2. That such an extension is in harmony with the general purpose and intent of this chapter in se. curing the public health, safety and general welfare. b. Except under extraordinary circumstances, the exten. sion or sum of extensions shall not exceed eighteen (18) months; c. The housing appeals board may grant a variance in a specific case and from a specific provision of this chap. ter subject to appropriate conditions; and provided the board makes specific findings of fact based on the evi- Supp. No. 37 1161 9 4 17.3 IOWA CITY CODE dente presented on the record as a whole, and relate to the following: 1. That there are practical difficulties or unneces- sary hardships in carrying out a strict letter of any notice or order; and 2. That due to the particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case; and , 3. That an extension would not constitute an appro- priate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and 4. That such variance is in harmony with the gen- . eral purpose and intent of this chapter in securing the public health, safety and general welfare. d. Upon appeal, or by petition, the housing appeals board shall consider the adoption of a general variance. The housing appeals board by a majority vote may estab- lish a general variance for existing structures which cannot practicably meet the standards of the Code. Prior to considering any general variance, public no., shall be given. A general variance, if granted, shall: 1.—State in what manner the variance from the spe- cific provision(s) is to be allowed; and 2. State the conditions under which the variance is to be made; and 3. Be based upon specific findings of fact based on evidence related to the following: (i) That there are practical difficulties or unnec- essary hardships in carrying out the strict letter of the specific provision, common to dwell- ings, dwelling units or rooming units to which the variance will apply; and (ii) That such variance is in harmony with the general purpose and intent of this ordinance in � curing the public health, safety and gen- Supp, No. 37 era we l are. 1162 �. -37 9 HOUSING § 17-3 The effective date of the variance shall be thirty (30) days atter notification to the city council un- less vetoed by an extraordinary. majority. of the city council during said thirty -day period. (j) Emergency orders. Whenever the inspector, in the en- forcement of the housing code, finds that a condition exiats which requires immediate action to protect the health or safety of the occupants and/or the general public, he/she may, with - Out notice or hearing, issue an order reciting the existence of such a condition and requiring that action be taken such as ihe/she deems necessary to abate the condition. If necessary, the director may order that the premises be vacated forthwith and they shall not be reoccupied until the order to make repairs has been complied with. Notwithstanding other provisions of the housing code, such order shall be effective immediately, or in the time and manner prescribed by the order itself. (k) Placarding procedures. Any dwelling, dwelling unit or rooming unit which is found to be so damaged, decayed, dila- pidated, unsanitary, unsafe or vermin -infested that it creates a hazard to the health or safety of the occupants or of the public - — shall be determined to be unfit for human habitation and shall be so designated and placarded by the director. (1) Order to vacate placarded dwelling. Any dwelling, dwell- ing unit, rooming unit, or any portion thereof, placarded as be- ing unfit for human habitation by the director shall be va- cated immediately or as ordered by the director. (m) Approval required to re -occupy placarded dwelling. No dwelling, dwelling unit, rooming unit, or portion thereof, which has been placarded as unfit for human habitation, shall again be used for human habitation until written approval is secured from, and such placard is removed by, the director. The director shall remove such placard whenever the defect(s) upon which the placarding action was based has been eliminated, (n) Removal of placard prohibited. No person shall deface or remove a placard from any dwelling dwelling unit or rooming unit which has been deemed unfit for human habita- tion and placarded its such, except as provided in subsection 17-3(m). Supp. No. 37 1163 § 17-3 IOWA CITY CODE (o) Condemnation referral. After a reasonable period of time'after. a property has been placarded and no remedial. action begun, the inspector may refer the case to the authority charged with enforcement of the Uniform Code for the Abate- ment of Dangerous Buildings for appropriate action. (p) Rent escrow. (1) Eligibility for rent escrow. a. Notwithstanding any other provision of law or any agreement, whether oral or written, if s lessor of residential premises fails to comply with an order of the inspector to correct a violation of the housing code, the inspector shall, upon the expiration of such notice of violation, extensions thereof, or ap- peal opportunity, serve notice in writing that the dwelling unit or rooming unit affected by the notice is eligible for rent escrow. Said notice of eligibility shall be properly served to the owner or operator or both, and each and every affected tenant. b. A dwelling unit or rooming unit is eligible for certi- fication of rent escrow if notice of eligibility for rent escrow is not appealed as provided for in this chapter or upon a decision by the housing appeals board upholding, in whole, or in part, the notice of eligibility for rent escrow. Application for certifi- cation must be made within ninety days (90) days of receipt of notice of eligibility or determination by the housing appeals board. (2) Certification of rent escrow. Certification of rent escrow shall be given by the director upon a showing of a valid notice of eligibility for rent escrow and: a. Production of a signed rent escrow agreement with a financial instituion or other agent approved by Supp. No. 37 i I 1. 1164 i /537 9 HOUSING 417-3 viduals under the control of the tenant and that the deficiencies are beyond ordinary wear and tear. b. The tenant has refused entry to the owner or his/ her agent for the purpose of correcting such con- dition or conditions. (6) Petition for relief. The housing appeals board shall bear petitions for relief from lessors of property for which a rent'escrow account has been established. The board may grant modifications of the terms of the rent escrow provisions provided that evidence is presented and the board finds that compliance with the housing code would cause unreasonable hardship due to factors beyond the lessor's control and that the modification granted is necessary to avoid undue hardship. (7) Normal lease term. The provisions of rent escrow shall not apply in such a way as to affect a lease expiration or renewal. (q) Rules and regulations. The inspector shall make all rules and regulations available to the general public. Standard forme and blank notices shall also be available upon request. (r) Penalty. Any violation of this chapter shall be consid- ered a misdemeanor or municipal infraction as provided for under Chapter 1 of the Code of Ordinances of the city. (a) Rights. Any person affected by any action, interpre- tation, notice or order which has been issued in connection with the enforcement of this chapter may request, and shall be granted, a hearing on the matter pursuant to the provisions of Chapter 2 of the Code of Ordinances of the city. (t) Other remedies. If other methods to obtain compliance have failed, the director may contract to have the work done as neces- sary to remedy a violation, the cost of which shall be assessed to the violator and constitute a lien on the property until paid. No provisions or section of this chapter shall in any way limit any other remedies available under the provisions of the housing code or any other applicable law. (u) Fees. The department of housing and inspection services is authorized to assess permit and reinspection fees, the amounts of Supp, No. 37 1167 i n I 117.3 IOWA CITY CODE which shall be established by resolution of the city council. (Ord. No. 80-3014, § 2,12.16-80; Ord. No. 88.3386, §§ 2-7, 6.28-88) ties. 17.4. Certificate of structure compliance and rental per. Mit. (a) Requirements for rental property. It shall be a violation of this Code for any person to let to another for rent and Occu- pancy any dwelling, dwelling unit, duplex, multiple dwelling, rooming unit (except a rooming unit or units within owner - occupied; single-family dwellings, condominiums and cooperatives, containing no more roomers than permitted by the zoning ordi- nance), or rooming house unless: (1) The owner or operator holds a valid certificate of struc- ture compliance, issued by the department of housing and inspection services, applicable to those portions of the specific structure used for residential rental pur- poses. (2) The owner or operator holds a valid rental permit, issued by the department of housing and inspection services, in the name of the owner or operator, applicable to those. portions of the specific structure used for residential —' rental purposes. (b) Certificate of structure compliance. The certificate of structure compliance shall be a permanent document (except as noted below) which, when issued, shall satisfy the require- ments of sections 17-6 and 17-6. The certificate shall be trans- ferable at the time of a change in ownership and shall remain a part of the Iowa City property file as a matter of public record. The certificate, In and of Itself, shall not be Interpreted as granting the owner or operator the privilege of letting the structure for residential occupancy, but must be accompanied by a valid rental permit. The certificate of structure com- pliance shall state the date of issuance, type of structure for which the certificate is being Issued and address of the struc- ture to which it is applicable. All dwelling units and rooming units being let for rent and occupancy without a valid cer- tificate of structure compliance or application for the same on file with the city and fees paid may be ordered vacated. Supp. No, 37 1168 15-37 9 HOUSING § 174 (e) Application for certificate of structure compliance. The I owner or operator shall file, in duplicate, an application for a certificate of structure compliance with the department of housing and inspection services on application forms provided by the inspector. (d) Issuance of certificate of structure compliance When the provisions of sections 17.5 and 17.6 of the housing code have been complied with by the owner or operator, the department of hous. ing and inspection services shall issue a certificate of structure compliance upon payment of a fee, the amount of which shall be set by resolution of the city council. (e) Revocation of certificate of structure compliance. The certificate of structure compliance shall be permanent, except when there has been fraud, collusion or illegality in the in- spection process applicable to this certificate of structure j compliance or. when there exists a material andsubstantial noncompliance with section 17-5 or 17-6 which directly af- fects the health and/or safety of the occupants therein. The inspector, or any other individual who believes that there exists grounds for revocation, may petition the housing ap- peals board to revoke the certificate of structure compliance. The burden of proof shall be upon the party seeking the revo- cation. The owner or operator of the affected property shall be properly notified of the petition for revocation and shall be notified of the date, place and time of the housing appeals board's consideration of the petition and may appear and de- fend. Upon final determination by the housing appeals board, a certificate of structure compliance may be modified to re- flect the compliance of each dwelling unit and/or rooming unit with sections 17-5 and/or 17-6 or may be revoked In whole or in part. (0 Rental permit. A rental permit shall be a document indicat- ing compliance with section 17.7 of the housing code at the time of issuance and shall be valid for a specified period of time. The document shall be transferable from one owner or operator to another and any time prior to its expiration, termination, or revocation. The owner or operator shall notify the department of housing and inspection services of any change of interest or own - Supp. No. 37 1169 53 7 a 9 § 17-4 IOWA CITY CODE ership in the property within thirty (30) days of any conveyance -- or transfer of interest affecting the property and provide the name and address of all persons who have acquired an interest therein. In the event that the department of housing and inspec. tion services has not been notified of such conveyance or transfer within the designated period of time, the rental permit shall be transferred from one owner or operator to another only upon payment of a fee, the amount of which shall be established by resolution of the city council, which shall be assessed to the new owner. or operator. The rental permit shall state the date of issuance, the address of the structure to which it is applicable, the name of the owner or operator to which it is applicable, and its expiration date. All dwelling units and rooming units being let for rent and occupancy without a valid rental permit or appli. cation for the same on file with the city and fees paid may be ordered vacated. (g) Application for rental pennit. The owner or operator shall file, in duplicate, an application for rental permit with the department of housing and inspection services on applica- tion forms provided by the inspector. (h) Issuance of a rental permit When all provisions of section 17-7 of the housing code have been complied with by the owner or \� operator, the department of housing and inspection services shall issue a rental permit upon payment of all permit and reinspec- tion fees, the amount of which shell be established by resolu- tion of the city council. (i) Emtinwion of rent¢l permit. Rental permits shall be valid through the expiration date contained thereon. However, ex- tensions shall be granted to cover any time period between the stated expiration date and the period of time permitted by the inspector to remedy any violations cited subsequent to a main- tenance inspection, provided a rental application is on file with fees paid. (j) Revocation of a rental permit. The housing appeals board shall consider the revocation of a rental permit upon the expiration of a rent escrow account if petitioned by the Inspector for such revocation. The owner or operator of the affected property shall be properly notified of the petition for revocation and shall be notified of the date, place and time of the housing appeals board's consideration of the petition 1 Supp. No, 37 1170 .ti HOUSING 4 17-5 and may appear. and defend. The board may revoke a rental permit upon a finding of a violation of any provision of sec- tion 17-7. (k) Searing when a certificate of structure compliance and/ or rental permit is denied. Any person whose application for a certificate of structure compliance or rental permit has been i denied may request, and shall be granted, a hearing on the matter before the housing appeals board under the procedures of i the Iowa City Administrative Procedures Ordinance [sections 2.180 through 2-1921. Application for the appeal hearing must be made within ten (10) days of receipt of the written notice of denial. (Ord. No. 80.3014, 3 2, 12.16.80; Ord. No. 84.3170, 3 2, 1-17.84; Ord. No. 88-3385, 33 8, 9, 6-28-88) Sec. 17-5. Minimum structure standards for all dwellings, (a) Safety of supplied facility. Every supplied facility, piece of equipment or required utility shall be constructed and/or installed so that it will function safely. (b) Kitchens. Every dwelling unit shall have a kitchen room or kitchenette equipped with the following. (1) It shall include an approved kitchen sink. (2) It shall contain apace capable of properly accommodating a refrigerator and a stove or range. (3) It shall contain proper access terminale to utilities neces- sary to properly operate a refrigerator and stove or range. (4) It shall include adequate apace for the storage and prepa- ration of food. (c) Toilet required Every dwelling unit shall contain a toilet. (d) Bath required Every dwelling unit shall contain a bath. j (e) Lavatory basin required Every dwelling shall contain a lavatory basin within or adjacent to the room containing the toilet. (1) Privacy in a room containing toilet and bath. Every toilet and every bath shall be contained within a room or within sepa- rate rooms which afford privacy for a person within said rooms. Supp. No. 37 1171 I r § 17.6 IOWA CITY CODE (g) Water heating facilities required. Every kitchen sink, -- bath and lavatory basin required in accordance with the provi- sions of the housing code shall be properly connected with supplied water heating facilities. Every supplied water heating facility shall be properly connected and shall be capable of heat- ing water to such a temperature as to permit an adequate amount of water to be drawn at every kitchen sink and lavatory basin _ required under the provisions of the housing code at a tempera- ture of not less than one hundred twenty (120) degrees Fahren- heit (forty-eight (48) degrees centigrade). Such supplied water heating facilities shall be capable of meeting the requirements of this section when the required space heating facilities are not in operation. (h) Connection of sanitary facilities to water and sewer aydiems. Every kitchen'sink, toilet, lavatory basin, and bath shall be properly connected to an approved water and sewer system. (1) Exits. (1) Every dwelling unit and rooming unit shall comply with the following exit requirements: a. Single-family homes shall have access to at least one exit. b. Duplex structures. Every dwelling unit and rooming unit within a duplex structure shall have access to at least one exit and shall have not less than two (2) exits on each Floor where the floor area exceeds three thou- sand (3,000) square feel. c. Multiple dwellings and roomink houses. Every dwell. ing unit and rooming unit within a multiple dwelling or rooming house shall have access to two (2) exits. d. Where only one exit is required, it shall be a continu- ous and unobstructed means of egress which discharges directly or via corridors or stairways, or both, to a publicway. e. Where at least two (2) exits are required, they shall be independent, unobstructed means of egress remote from each other and at least one shall discharge directly or via corridors or stairways, or both, to a publicway; if both means of egress are designated to a common car. Supp No. 37 1172 HOUSING 5 17-5 rider, they shall be in opposite directions immediately upon exiting the dwelling unit or rooming unit except that a common path of travel may be permitted for the - first twenty (20) feet; that is, a dead-end corridor may be permitted not to exceed twenty (20) feet in length. f. Basements and floors above the second story shall have not less than two (2) exits except when such j floors or basements are used exclusively for the ser- vice of the building. (2) Every means of egress shall comply with the following requirements: a. Handrails—All stairways comprised of four (4) or more risers shall be provided with a substantial and safe handrail. New construction or remodeling shall comply with the city building code.. b. Guardrails—All unenclosed floor and roof open - Inge, open and glazed sides of landings and ramps, balconies or porches which are more than thirty (30) inches above grade or above the floor below, and any roof used for other than service of the building, shall be protected by a substantial and safe guardrail. New construction or remodeling shall comply with the city building code. c. Riser height and (read width—Every stairway shall have a uniform riser height and uniform tread width which shall be adequate for safe use. d. Lockable doors, windows—Doors and windows readily accessible from outside the unit shall be lockable from inside the unit. e. Basement window egress—In basement units where one means of egress Is a window, such window shall have an unobstructed opening no less in area than that required in the building and/or fire codes. f. Fire escapes—No existing fire escape shall be deemed n sufficient means of egress unless it Is in compliance with the fire codes of the state and the city. Supp. Na. 37 1173 4175 IOWA MYCODE g. Doorway size—Every doorway providing ingress,I or egress from any dwelling unit, rooming unit or habitable room shall be at least six (6) feet, four (4) inches high and twenty-four (24) inches wide. (j) Natural light. (1) Every habitable room except a kitchen shall have at least one window or skylight facing directly to the out- doors. The minimum total window or skylight area, measured between stops, for every habitable room, except the kitchen, shall be at least eight (8) per cent of the floor area of such room or that amount of window and/or sky. light area specified by the local building code. (2) For the purpose of determining natural light and natural ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and r provides an opening of not less than one-tenth of the floor area of the interior room or twenty-five (26) square feet, whichever is greater. (k) Ventilation. (1) Interior air quality. Every dwelling unit and rooming unit shall be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful air pollutants. (2) Natural ventilation. i a. Every window or other device with openings to the outdoor space, used for ventilation, shall be sup- plied with screens of not less than sixteen (16) mesh per inch. b. The total openable window area in every habitable room shall be equal to at least forty-five (46) per cent of the minimum window area as required above. c. Every door opening directly from a dwelling unit or rooming unit to outdoor space, the use of which Supp. No. 37 1174 /537 9 HOUSING 4 17-5 is necessary to meet the minimum ventilation re- quirements of this Code, shall have a supplied screen or screens and a self-closing device. d. Every cellar window, soffit or roof vent, used or intended to be used for ventilation, and every other opening to a cellar, crawl space or interior roof area which might provide an entry for rodents or birds shall be supplied with a heavy wire screen of not larger than one -fourth -inch mesh or such de- vice as will effectively prevent their entrance. e. For natural ventilation, every bathroom or toilet compartment shall have at least one openable win- dow facing. directly to the outdoors and at least forty-five (96) per cent of the window must be operable (openable). (3) Mechanical'Ventilation. I a. In lieu of openable windows for natural ventila- tion, adequate ventilation may be a system of me- chanical ventilation_ which provides not less than two (2) air changes per hour in all habitable rooms and/or bathrooms or toilet compartments. b. No mechanical exhaust system, exhausting vapors, gases or odors shall be discharged Into an attic, crawl space or cellar unless such attic, crawl space or cellar is adequately vented to the outside. (c) Any kitchen or kitchenette lacking natural ventila- tion shall be equipped with a system of mechanical ventilation which provides at least two (2) air' changes per hour in said room. The system shall exhaust and discharge directly to outside air. (1) Heating. (1) Every dwelling shall have heating facilities which are properly installed and are capable of safely and ade- quately heating all habitable rooms, bathrooms and toilet rooms located therein to a temperature of at least Supp. No. 37 1176 1537 s 4175 IOWA CITY CODE sixty-eight (68) degrees Fahrenheit (twenty (20) de- grees centigrade) and shall be capable of maintaining in all said locations a minimum temperature of Sixty- - five degrees Fahrenheit, (eighteen (18) degrees centi- grade) at a distance of three (3) feet above the floor level at all times. Such heating facilities shall be so designed and equipped that heat, as herein specified, is available for all dwelling units and rooming units. (2) Every central heating unit, space heater, water heater and cooking appliance shall be located and installed in such a manner so as to afford reasonable protection against involvement of egress facilities or egress routes in the event of uncontrolled fire in the structure. (3) Every fuel -burning heating unit or water heater shall be effectively vented in a safe manner to a chimney or duct leading to the exterior of the building. The chim- ney, duct and vent shall be of such design as to assure proper draft and shall be adequately supported. (4) No fuel -burning furnace shall be located within any sleeping room or bathroom unless provided with ade. quate ducting for air supply from the exterior, and the combustion chamber for such heating unit shall be sealed from the room in an airtight manner. Fuel -burn - Ing water heaters are prohibited in bathrooms and sleeping rooms. (6) Every steam or hot water boiler and every water heater shall be protected against overheating by appropriate pressure and temperature limit controls. Such controls shall have a properly installed extension pipe on the pressure temperature control valve. (6) Every fuel -burning space heating unit and water heater shall be equipped with an electronic Ignition or with a pilot light and an automatic control to interrupt the flow of fuel to the unit in the event of a failure of the ignition device. All such heating units shall have a limit control to prevent overheating. Supp. No. 37 1176 HOUSING g 17.5 (m) Electrical requirements. (1) Every habitable room shall contain at least two (2) separate floor or wall-type electric double convenience outlets which shall be situated o distance apart equiva- lent to at least twenty-five (25) per cent of the perimeter of the room. Every such outlet and fixture shall be properly installed. (2) Every habitable room, toilet room, bathroom, laundry room, furnace room, basement and cellar shall contain at least one supplied ceiling or wall-type electric light fixture or switched outlet. Every such outlet and fix- ture shall be properly installed. (3) Temporary wiring or extension cords shall not be used Fie permanent wiring. . (n) Minimum space, use and location requirements. (1) Floor area per occupant. a. Every dwelling unit shall contain at least one hun- dred twenty (120) square feet of habitable floor space for the first occupant thereof and at least one hundred (100) additional square feet of habitable floor space for every additional occupant thereof. b. For the purpose of determining the maximum per- missible occupancy, the floor area of that part of a room where the ceiling height is less than five (5) feet shall not be considered when computing the total floor area of the room. (2) Maximum occupancy. Not more than one family, plus that number of roomers permitted in the zoning ordinance, except for guests, shall occupy a dwelling unit unless a rental permit for a rooming house has been granted. (3) Sleeping rooms. In every dwelling unit of two (2) or more rooms and every rooming unit, every room oecu- pied for sleeping purposes by one occupant shall con- tain at least seventy (70) square feet of floor space and every room occupied for sleeping purposes by more Supp. No. 57 1177 �. ....., /Sb7 I 117-5 IOWA CITY CODE than one occupant shall contain at least forty (40) square feet of floor space for each occupant thereof. Exception: Two-bedroom mobile homes shall be required to have only one bedroom in compliance with this section. (4) Ceiling height. The ceiling height of every habitable room shall be at least seven (7) feet. a. In any habitable room where the ceiling is a part of a sloping roof, at least one-half of the floor area shall have a ceiling height of at least seven (7) feet. Floor area, as stated above, shall mean the area of the floor where the vertical measure- ment from floor to ceiling is five (6) feet or more. b. Obstructions of space by such items as water and gas pipes, cabinetry, etc., shall be permitted when such obstructions are located within two (2) feet of a partition or wall; do not interfere with normal ingress and egress; would not interfere with'an \ .emergency ingress or egress; and are approved by the inspector. Obstruction of ceiling space shall be \� permitted when such obstruction is located at a height of not less than Six (6). feet, four (4) inches from the floor and which does not occupy more than twenty-five (26) per cent of the cubic area of the space within a room which is further. than six (6) feet four (4) inches from the floor. (o) Fire protection equipment All fire extinguishers and early warning fire protection systems shall be properly installed ac- cording to the city fire code. (Ord. No, 80.3014, 4 2,12.16.80; Ord. No. 82.3092, ( 2B, 11.23.82; Ord. No. 843170, 4 2, 1.17.84; Ord, No. 84.3183, 4 2, 5-8.84; Ord. No. 88.3385, 45 10-14, 6.28.88) Sec. 17.6. Minimum structure standards for all rental housing. (a) Direct notees. Access to each dwelling unit or rooming unit shall not require first entering any, other dwelling unit or rooming unit (except that access,to,rooming units may be through a living room or kitchen of a unit occupied by the owner -operator of the structure). No dwelling, dwelling unit, Supp. No. 37 1178 /�/ 9 HOUSING 117-6 or rooming unit containing two (2) or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room or Type III dwelling unit can be had only by going through another sleeping room or Type III dwelling unit; nor shall room arrangements be such that aurees to a sleep- ing room or Type III dwelling unit can be had only by going through another sleeping room or Type III dwelling unit. A bath- room or water closet compartment shall not be used as the only passageway to any habitable room, hallway, basement, cellar or to the exterior of the dwelling unit or rooming unit. (b) Lighting of public halls and stairways. (1) Public passageways and stairways in dwellings ac- commodating two (2) to four (4) dwelling units or rooming units shall be provided with a convenient wall - mounted light switch(es) which activates an adequate lighting system. (2) Public passageways and stairways in buildings accom- modating more than four (4) dwelling units or rooming units shall be lighted at all times with an adequate artificial lighting system, except that such artificial lighting may be omitted from sunrise to sunset when an adequate natural lighting system is provided. When- ever the occupancy of a building exceeds one hundred (100) persons, the artificial lighting system as required herein shall be on an emergency circuit. (c) Fire extinguishers. Fire extinguishers suitable for the occupancy and which are approved by the fire marshal shall Supp No. 37 1178.1 15.37 �\ HOUSING j 17-7 Exception: This chapter shall not affect the existence or maintenance of storm water detention systems. (e) Chimneys and smokepipes. Every chimney and every supplied smokepipe shall be adequately supported, reasonably clean and maintained in a reasonably good state of repair. (f) Protection of exterior wood surfaces. All exterior wood surfaces of a dwelling and its accessory structures, fences, porches, and similar appurtenances shall be reasonably pro- tected from the elements and against decay by non -lead-based paint or other approved protective coating. Exception: Where it can be demonstrated that the exterior wood surface is comprised of a type of species of wood or has been treated in such a way as to cause it to be especially re- sistant to decay or infestation, the wood surface in question, if approved by the inspector, shall be exempted from the above - listed requirement. (g) Means of egress. Every means of egress shall be main- tained in good condition and shall be free of obstruction at all times. If the means of egress is a fire escape, it shall be main- tained in a good state of repair. (h) Hanging screens and storm windows. The owner or operator of the premises shall be responsible for hanging all screens and storm windows except when there is a written agreement between the owner and the occupant to the con - bury. Steens shall be provided no later than the first day of May of each year and storm windows shall be provided no later than the first day of November of each year. (1) Electrical system. The electrical system of every dwell- ing or accessory structure shall not, by reason of overloading, dilapidation, lack of insulation, Improper fusing, or for any other cause, expose the occupants to hazards of electrical shock or fire, and every electrical outlet, switch, and fixture shall be complete as manufactured and be maintained in good and safe working condition. (j) Afaintenance of supplied plumbing fixtures. Every sup- plied plumbing fixture and water And waste pipe shall be maintained in good and sanitary working condition. Supp. No. 37 1183 N § 17-7 IOWA CITY CODE /1l (1) All plumbing hereafter installed or replaced shall be so designed and installed as to prevent contamination of i the water supply through backflow, back siphonage, or cross-connection. (2) Nater pressure shall be adequate to permit a proper flow of water from all open outlets at all times. (k) Maintenance of gas appliances and facilities. (1) Every gas appliance shall be connected to a gas line with solid metal piping except that listed metal appliance connectors or semi-rigid tubing may be used if approved by the inspector. (2) Every gas pipe shall be sound and tightly put together and shall be free of leaks, corrosion, or obstruction so as to reduce gas pressure or volume. (8) Gas pressure shall be adequate to permit a proper flow of gas from all open gas valves at all times. (1) Maintenance of heating and supplied cooling equipment. The heating equipment of each dwelling shall be maintained in good and safe working condition and shall be capable of heat- Ing all habitable rooms, bathrooms and toilet rooms located therein to the minimum temperature required by this Code. However, heating and supplied cooling equipment shall not be required to be maintained in operational condition during that time of the year when said equipment is not normally used. No combustible material shall be stored within three (8) feet of a fuel-burning furnace and/or fuel-burning water heater.' (m) Floors-kitchen, and bathroom. Every toilet room floor surface, bathroom floor surface, and kitchen floor surface shall be constructed and maintained so as to permit such floor to be easily kept in a clean, dry and sanitary condition. (n) Supplied facilities. Every facility, utility, and piece of equipment required by this Code and/or present in the unit and/or designated for the exclusive use by the occupants of said unit, at the time that either the rental agreement Is signed or possessionis given, shall function safely and shall be main- tained in proper working condition. Maintenance of facilities, utilities, and equipment not required by this Code shall be the Supp. No. 37 1189 /-07 I HOUSING § 17-7 owner's responsibility unless stated to the contrary in the rental agreement. No supplied facility shall be removed, shut, off or discon- nected from any occupied dwelling unit or rooming unit except for such temporary interruptions) as may be necessary while actual repairs, replacements, or alterations are being made. (o) Refrigerators and stoves. All supplied refrigerators, stoves, and ranges shall be maintained in good and safe work- ing condition. (p) Toilets, baths, and lavatory basins. All toilets, baths, and lavatory basins shall be maintained in good and sanitary work- ing condition. (q) Fire protection. All fire extinguishers and early warn- ing fire protection systems shall be maintained in good work- ing condition at all times. Fire extinguishers shall be mounted and meet the requirements of the city fire code. (r) Covered cisterns. All cisterns or similar water storage facilities shall be fenced, safely covered or filled in such a way as not to create a hazard to life or limb. (s) Sealed passages. All pipe passages, chutes and similar openings through walls or floors shall be adequately enclosed or sealed to prevent the spread of fire or passage of vermin. (t) Pest extermination. Whenever infestation exists in two (2) or more dwelling units or rooming units of any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units or more than one rooming unit, extermination thereof shall be the responsibility of the owner. (u) Owner to let clean units. No owner shall permit occu- pancy of any vacant dwelling unit or rooming unit unless it is clean, sanitary and fit for human occupancy. (v) Maintenance of exterior areas. Every owner or operator shall be responsible for maintaining the exterior areas in a safe, clean, and sanitary condition. (w) Maintenance of fences. Every fence shall be kept in a reasonably good state of repair or shall be removed. Supp. No. 37 1185 _/ 9 § 17-7 IOWA CITY CODE (x) Garbage disposal. Every owner of a dwelling shall sup- ply adequate facilities for the disposal of garbage which are approved by the inspector and/or are in compliance with the Code of Ordinances of Iowa City. (y) Occupancy control, (1) A dwelling unit shall not be occupied by a number of persons greater than allowed by the city zoning ordinance. (2) No room shall be used as a habitable room unless certified as a habitable room at the time the certificate of structure compliance is issued. (z) Cooking and eating in rooming units. No owner or operator shall knowingly allow eating or the use of cooking equipment within any rooming unit. (Ord. No. 80.3014, $ 2, 12.16.80; Ord. No. 88.3385, 64 15-19, 6-28-88) Sec. 17.8. Responsibilities of occupants relating to the main- tenance and occupancy of premises. (a) Occupant responsible for controlled area Every occu- pant of a dwelling unit or rooming. unit shall keep in a clean, safe and sanitary condition that part of the dwelling unit, room- ing unit, or premises thereof he/she occupies and controls. (1) Every floor and floor covering shall be kept reasonably clean and sanitary. (2) Every wall and ceiling shall be kept reasonably clean and free of dirt or greasy film. (3) No dwelling or the premises thereof shall be used for the storage or handling of refuse. (9) No dwelling or the premises thereof shall be used for the storage or handling of dangerous or hazardous ma. terials. (b) Plumbing fixtures. The occupants of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exer- cise of reasonable care, proper use and proper operation there. of. Supp, Nn. a7 1186 t IS07 HOUSING ii 17-5 -- (c) Extermination of pests. Every occupant of a single- family dwelling shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; every occupant of a dwelling containing more than one dwell- ing unit or rooming unit shall be responsible for such ex- termination within the unit occupied by him/her whenever Said unit is the only one infested. Notwithstanding, the fore- going provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a reasonably rodentproof or reasonably insectproof condition, ex- termination shall be the responsibility of the owner. (d) Storage and disposal of garbage. Every occupant of a dwelling shall dispose of rubbish, garbage, and any other or - garde waste in a clean and sanitary manner by placing it in the supplied disposal facilities or storage containers required by this Code. (e) Use and operation of supplied heating facilities. Every occupant of a dwelling unit or rooming unit shall be responsi- ble for the exercise of reasonable care, proper use, and proper operation of supplied heating facilities. No combustible material shall be stored within three (3) feet of a fuel -burning furnace and/or fuel -burning water heater. (f) Electrical wiring. No temporary wiring or extension cords shall be used except extension cords which run directly from portable electric fixtures to convenience outlets and which do not lie beneath floor coverings or extend through doorways, transoms, or similar apertures and structural elements or attached thereto. The occupant shall not knowingly overload the circuitry of the dwelling unit or rooming unit. (g) Supplied facilities. Every occupant of a dwelling unit shall keep all supplied fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reason- able care, proper use, and proper operation thereof. (h) Preparation or eating of meals in rooming units pro- hibited. No occupant of a rooming unit shall prepare or eat meals or store cooking utensils in his/her rooming unit unless an approved kitchen or dining room Is contained within the rooming unit The cooking and eating of meals may take Supp. No. 37 1187 1537 § 17-8 IOWA CITY CODE place in dwellings containing a rooming unit or units if the provi- sions of subsection 17.6(1) and 0) are complied with. (i) Occupancy control (1) A dwelling unit shall not be occupied by a number of persons greater than allowed by the city zoning ordinance. (2) No room shall be used as a habitable room unless certified as a habitable room at the time the certificate of structure compliance is issued. 0) Fire protection equipment All fire extinguishers and early warning fire protection systems shall be maintained in good work- ing condition at all times. Fire extinguishers shall be mounted and meet the requirements of the city fire code. (Ord. No. 80.3014, § 2, 12.16.80; Ord. No. 82-3092, § 2D, 11-23.82; Ord. No. 88-3386, §§ 20-22, 6.28.88) Sec. 17.9. Title 24 of the Code of Federal Regulations; Section 882.109 (a) through (1); "Housing Quality Stand- ards." Housing used in this program shall meet the performance requirements set forth in this section. In addition, the housing shall meet the acceptability criteria set forth in this section except for such variations as are proposed by the PHA and approved by HUD. Local climatic or geological conditions or local codes are examples which may justify such variations. The term "this program" shall be interpreted to mean the Section VIII Housing Assistance Payments Program. Further, In accordance with the Code of Iowa, this section hoe provided the basis for provisions of the Iowa City Housing Code. (a) Sanitary. facilities. (1) performance requirement. The dwelling unit shall Include its own facilities which are in proper oper- ating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (2) Acceptability criteria.. A flush toilet in a separate, private room, a fixed basin with hot and cold run- ning water shall be present in the dwelling unit, all Supp. No. 37 1188 �J 9 HOUSING 117.9 in proper operating condition. These facilities shall utilize an approved public or private disposal sys. tem. (b) Food preparation and refuse disposal. (1) Performance requirement. The dwelling unit shall contain suitable apace and equipment to store, pre. / Supp, No. 37 1188.1 i i /53 7 MISCELLANEOUS PROVISIONS § 24„37 (1) Makes unreasonable noise in public tending to cause a breach of the peace. (2) Makes unreasonable noise in the vicinity of any resi- dence which causes distress to the occupants thereof. ror the purposes of this section, an occupant shall not be considered distressed unless she/he has first at. tempted to contact the individual responsible for such noise and requested relief, and the noise continues or is resumed within forty-eight (98) hours. (3) Acts in a threatening or violent manner towards an- other whereby: a. Any person is placed in fear of safety of his/her life, limb, or health; b. The property of any person is placed in dnnger of being destroyed or damaged; or c. The lawful pursuits of another are substantially curtailed. (9) -Uses inflammatory language in public which he/she knows or reasonably should know is likely to provoke an imminent violent reaction by another. (5') Places him/herself or any object in or on any public way so as to halt or seriously impede the flow of vehicu- lar or pedestrian traffic; or places him/herself or any object in the entrance to or in the passageways of any .public park or any public or private property so as to preclude or substantially impede the use thereof by per- sons entitled to use such park or property; provided that, nothing herein contained will apply to any persons or groups authorized to hold parades or meetings or events on or in such places as long as such groups or persons act in compliance with the terms of their permits or permission. (6) Commits a trespass upon public or private property with R malicious intent. (7) Willfully and knowingly acts in such a way as to dis- rupt any lawful assemblage or gathering of people. Supp. No. a7 1CA9 /5'3,' a § 24-47 IOWA CITY CODE (b) This section shall not apply to any peace officer acting within the scope of his/her duties who reasonably believes a public offense has been committed or is imminently threat- ened. (Code 1966, § 7,02.1; Ord. No. 2558) Sec. 24.48. Keeping disorderly house. No person shall permit or suffer to continue without tak- ing legal steps to prevent the same any quarreling, fighting or loud, disagreeable noises to the disturbance of the neighbor- hood'or general public upon any premises owned by him/her or in his/her possession. (Code 1966, § 7.14.7) Sec. 2449. Accosting, It shall be unlawful for any person to accost any other per- son with uninvited sexual or offensive proposals or atten- Una& Sec. 24.50. Lounging and loafing. If any person within the corporate limits of this city, ob- structs or encumbers any street corner or other public place in this city by loafing or lounging in or about the same, after being requested to move on by any police officer, he shall be guilty of a misdemeanor. (Code 1966, § 7.02.4; Ord. No. 2588) Sec. 24.61. Reserved. Editor's note—Section I of Ord. No. 88.9370, adopted April 6, 1888, repealed former § 24.61 in its entirety. Such former section pertained to drinking In public and derived from Cade 1966, 17.12.3, and Ord. No. 74-2749, 111, adopted Dec. 30, 1974. Seca 24.62. Bugging. No person shall be found upon any street, alley or public ground begging from house to house or in a public place. (Code 1966, § 7.12.5) Supp. No. 37 1650 9 r� i r• tt r1. - Chapter 32 SUBDIVISION REGULATIONS* Art. 1. In General, §§ 3Z-1-32.18 Art. Ii. Plats, §§ 32.19-32-53 Div. 1. Generally, §§ 32.19-32.26 Div. 2. Preliminary, §§ 32.26-32.38 Div. 3. Final,§§ 32.39--32-69 Art. 111. Standards and Specifications, A4 3284-3282 ARTICLE I. IN GENERAL Sec. 32.1. Short title. This chapter shall be known as and may be referred to and cited as the "Subdivision Code." (Code 1966, § 9.60.IA) Sec. 32-2. Definitions. For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows: Alley. A public thoroughfare which affords only a secondary means of access to abutting property. Arterial street. A street intended for crosstown or through traffic. Collector street. A street intended to carry vehicular traf- fic from residential streets to arterial streets. Commission. The planning and zoning commission of the city. Cul-de-sac. A local street closed at one end with a turn around. Local street. A street which provides for direct access to abutting property and for the movement of local traffic. 'Cross references—Mobilo homes and mobile been parks, Ch, 22; parks nod recreation, Ch. 26; planning, Ch. 27; streets, sidewalks and public places, Ch. 81; zoning regulations, App. A. Stale law references—Plats, I.C.A. § 400.1 at seq.; authority to adopt regulations, § 409.14. Supp. No. 37 2197 A § 32-2 IOWA CITY CODE �\ These may serve residential, commercial, industrial or insti- tutional areas. Loop street. A local street which has two (2)• intersections with another street; in so doing, has an alignment roughly in the shape of a "U;' may have lots, on either side and no other street intersections except at the ends of the "U.' Major plat. A plat including one or more new streets, se- lective access drives or street extensions. Minor plat. A plat involving no streets. Off-site costs. The reasonable costs incurred by a developer in constructing or otherwise extending public improvements from existing public improvements through or along property belong- ing to third parties to the boundaries of property under develop. ment, and which improvements are capable of serving the third party property, Out -of -sequence development. Subdivision or large scale devel- opment of land before it is included in the short-range develop. ment sequence in the city's comprehensive plan, as revised from time to time. Public improvements shall mean the principal structures? works, component parts and accessories of any of the following: (1) Sanitary and storm sewers; (2) Drainage conduits, channels and levies; (3) Streets and sidewalks; (4) Water mains and extensions. Separate tract. A parcel of land or a group of contiguous parcels of land under one ownership on February 7, 1969. Street. A right-of-way dedicated to and accepted for the public use, which affords the principal means of access to abutting property. Subdivision. The division of a separate tract of land Into three (3) or more lots or parcels for the purpose of transfer Supp. No. 37 2199 �i N —\ SUBDIVISION REGULATIONS 4 32.5 of ownership or building development, Or, if a new street is involved, any division of a parcel of land. Turn around. A radial, circular or loop drive at the termina- tion end of a cul-de-sac permitting a vehicle to reverse its 'direction while continuing its forward movement. (Code 1966, §§ 9.50.3(1), (2), (6), (8)—(12), 9.50.4A(3); Ord. No. 74- I 2715, § II, 4-16.74; Ord. No. 88-3376, § 1(A), 5.3-88) Cross reference—Rules of construction and definitions generally, 4 1.2. See: 32.3. Purpose. This chapter is to provide for the harmonious development of the city for the coordination of streets within subdivisions with other existing or planned streets, for adequate open spaces, for traffic, recreation, light and air, and for dfstribu- tion of population and traffic which will tend to create condi- tions favorable to health, safety, and general welfare. (Code 1966, § 9.50.1B) Sec. 32.4. Establishment of control. A plat or replat of a subdivision of land located within the city or subject to control of the city (under Code of Iowa, section 409.14), shall be certified as approved by the mayor and city clerk and the same affixed to the plat or replat only after approval as hereinafter provided by a resolutign of the city coun- cil. (Code 1966, § 9.60.2; Ord. No. 2567) Sec. 325. Issuance of building Permits restricted Where a subdivision is required by this chapter, no building permit shall be issued for construction on any lot, parcel or tract unless and until a final plat of each subdivision has been ap- proved and recorded in accordance with this chapter, and until the improvements, with the exception of sidewalks, required by this chapter, have been accepted by the city. (Code 1966, § 9.50.7; Ord. No. 83.3104, § 2A, 2.15.83) Cross reference—Licenses and miscellaneous business regulations, Ch, 21. Supp. No. 37 2199 I i § 32-6 IOWA CITY CODE /1 j Sea 32-6. City's right to install improvements upon subdi• videos failure to do so. (a) In the event the subdivider, its assigns or successors in interest, should sell or convey lots in a subdivision without having had constructed or installed the pavement, water mains and sanitary sewers; or if the subdivider, its assigns or successors in interest or the owners of the lots in such subdi- vision should fail to construct sidewalks, the city shall have the right to install and construct such Improvements and the costs of such improvements shall be a lien and charge against all the lots adjacent to or in front of which improvements are made and any lots which may be assessed for improve- ments under the provisions of Chapter 384 of the Code of Iowa. The cost of such improvements need not meet the require- ments, of notice, benefit or value as provided by state law for assessing such improvements. It is further provided that this requirement to so construct such improvements is and shall remain a lien from date until properly released as hereinafter provided. (b) When required improvements have been installed to the satisfaction of the city, It will immediately file in the office of the county recorder a good and sufficient release V to various lots In such subdivisions so that this section will not constitute a cloud upon the title of the lots in the subdi- vision. Sec. 32.7. Exceptions. (a) Modi%:calions of requirements. Upon recommendation of the planning and zoning commission, or if it deems such action to be appropriate, the city council may vary, modify, or waive the requirements of Article' III of this chapter under the following circumstances: (1) Where, in the case of a particular proposed subdivision or plat thereof it can be shown that strict compliance with the requirements of Article III of this chapter would result in extraordinary hardship to the subdivider because of unusual topography, excessive costs, or other such non - self -inflicted conditions or that these conditions wguld re - Supp. No. 37 2200 /s3 7 9 SUBDIVISION REGULATIONS ¢ 32-7 suit in inhibiting the achievement of the objectives of these regulations, or (2) Where it can be shown that strict compliance with Article III would result in poor subdivision design or could result in the substantial degradation of natural features. Any action to vary, modify, or waive a requirement must as. sure that the public interest is secured and that such variance, modification, or waiver will not have the effect of nullifying the intent or purposes of this chapter. (b) Reduction of pavement width. requirements. In the case of subdivisions, which include. cull -de -sac or 'loop" streets (less than njne hundred (900) feet in length), the required pavement width for such streets may be reduced from twenty-eight (28) feet back-to-back of curb to twenty- two (22) feet back-to-back of curb if provision is made for storage of at least five (5) automobiles on each lot as pro- vided in section 8.10.25 of the zoning ordinance. These addi- tional parking spaces may be located in the front yard. A driveway may be used to fulfill the additional parking re- quirements only if it is double width and served by a double width curb entrance. These parking spaces shall be shown on the building plans for each lot in the subdivision and shall be necessary for the approval of a building permit. Such parking spaces shall be constructed at the time of the house construc- tion. In lieu of the provision of the five (5) parking spaces mentioned above on each individual lot, a "community" or neighborhood parking lot may be provided to serve a group of residences. The same number of parking spaces shall be provided in such lots as would have been required of the resi- dences so served. Such parking shall be located no more than two hundred (200) feet from any residences served. Where such parking lots are used, adequate provisions for their main- tenance and preservation as parking lots must be provided. Where such exception to pavement width is desired, the method of providing the above required off-street storage of automo- biles shall be indicated on the preliminary rind final subdivi- sion plans and shall be a requirement for final approval. These off-street parking areas, either on each individual parcel or Supp. No. 37 2201 /S37 9 ■. . I , . 4327 IOWA CITY CODE community parking lots, shall be designed so that they are functional and compatible with the overall development of the area. They shall be surfaced in accordance with standards he the city engineer's office. Upon approval of the final plat and of n subdivision containing twenty-two (22) feet residential j streets, parking on both sides of such streets shall be pro- hibited and appropriate signs designating same shall be posted by the city. (c) Unusual plats. This chapter shall not preclude the ap- proval of "cluster" type subdivisions or subdivision designs of an unusual type, if, in the opinion of the planning and zon- log commission, the general and aesthetic merit, the preser- vation of natural or topographic features, and the prospective enhancement of the community would warrant the waiving of technical requirements as set forth in article III of this chap- ter. (d) Council action. In all cases, of a variance, modification, or a waiver of the general requirements, it will be necessary to have the city council approve the same and note this fact in the resolution approving the plat and subdivision. The council may also modify, vary or waive the general requirements on its motion for good reason shown, even if the planning commis- sion refused to do so. (Code 1066, § 3,60.6) Sec. 328. Selling before approval; penally; suits by mu- nicipalities. Except pursuant to an agreement expressly conditioned on final subdivision approval, it shall be unlawful for any person or persons, as owner or agent, to agree to transfer or sell, or to transfer or sell, any land which forms a part of a subdivision for which city council approval is required pursuant to the require- ments described in this chapter, before final subdivision approval has been granted. Each lot disposition so made shall be deemed a separate violation. In addition to the foregoing, the appropriate authorities of the city may institute injunction, mandamus or other appropriate action or proceeding to prevent any pending sale or transfer, or to prevent any further sale or transfer in violation of this chapter. (Ord. No. 83.3104, § 2B, 2.16.83) Supp, No. 37 2202 1 A SUBDIVISION REGULATIONS 13227 —" Secs. 32-9-32-18. Reserved. ARTICLE 1I. PLATS DIVISION 1. GENERALLY Secs. 32.19-32.25. Reserved. DIVISION 2. PRELIMINARY Sec. 32.26. Submission required; waiver. (a) Whenever the owner of any tract or parcel of land within the corporate limits of the city or within two (2) miles thereof i wishcc to make a subdivision of the same, he shall submit to the clerk fourteen (14) copies of a preliminary plat for approval. (b) The council may waive submission of the preliminary plat if the final plat includes those requirements of the preliminary plat as may be deemed appropriate by the council under the circumstances. (Code 1966, 4 9.50.4A; Ord. No. 74.2732, 3 II, 9.10.74; Ord. No. 88.3381, 5 l(3), 6-14-88) Sec. 32-27. Accompanying information. The preliminary plats required to be submitted by section 32.26 shall be accompanied by the following information: Supp. No. 37 2202.1 /597 SUBDIVISION REGULATIONS § 32.62 with the requirements of this chapter. The cost of such inspec- tion shall be borne by the subdivider and shall be the actual coat of the inspection of the city. (Code 1966, § 9.60.6H; Ord. No. 2667) Sec. 32-62. Off-site costs for out -of -sequence development. (a) At the time the preliminary subdivision plat or prelimi. nary large scale development plan for an out -of -sequence devel. opment is approved, the resolution of approval shall specify that the development is oufof-sequence, and that off-site costs are recoverable by the developer. (b) Offsite improvements shall be designed and constructed according to plans and specifications approved by the city engi- neer, and shall be of sufficient size and capacity to serve the full area which is capable of being served by the type of improvement so that the city will not be required to construct parallel or duplicate facilities. (c) Recoverable off-site costs shall include the cost of engineer. ing, preliminary reports, property valuations, estimates, plans, specifications, notices, legal services, acquisition of land, cone. quential damages or costs, easements, rights-of-way, construe• tion, repair, supervision, inspection, testing, and interest during construction and for not more than six (6) months thereafter. (d) The amount of off-site costs to be recovered shall be deter. mined as follows: As part of the application for final subdivision plat or large scale development plan approval, the developer shall submit a proposed estimate of off-site costs for approval by the city engineer, together with a nonrefundable review fee equal to three (3) per cent of the proposed estimate. The city engineer shall approve the proposed estimate only if the engineer finds that, at the time of approval, the estimate is consistent with the cost obtainable within Iowa City for improvements of the type proposed. Offsite costs shall be recoverable only to the extent of actual costs or estimated costs, whichever is lesser. (e) At the time an offsite public improvement is accepted by the city for public maintenance, based upon information furnished by the developer, the city engineer shall certify to the city council the amount of recoverable off-site costs, and the total land area Supp. No. 37 2217 N I 4 3262 IOWA CITY CODE and/or lineal footage outside of the developer's site which is ex. pected to be served by the off-site improvement. (f) Thereafter, the city council shall, by ordinance, adopt a schedule of fees to be paid for connection to the off-site improvements. (1) The fee for each off-site improvement shall be pro -rata, based upon recoverable of --site costs, less the amount thereof relating to overwidth paving or oversized water mains or sewer lines, divided by the number of acres and/or lineal footage which will be served by the public improvement. (2) The ordinance shall also provide for reimbursement to developer from the cityfor the extra costs incurred for the following: Overwidih paving. The city's share shall be the actual cost per linear foot of paving wider than requiredby the city for local streets, and shall be considered a strip in the center of the pavement. Oversized water mains or sewer lines The city's share shall be the difference in cost between the pipe, main or conduit plus valves and valve boxes required by the city 'and pipe, main or conduit plus valves and valve boxes needed to service only the subdivision or planned develop. menta Reimbursement of the costs of overwidth paving, or over. sized water mains or sewer lines shall be made upon the earliest to occur of the following: a. The city's comprehensive plan is amended to show the developer's site is included in the areas available for development in the short range, or b. Development of the area or areas between the devel- oper's site and the platted streets nearest to such site has been substantially completed. For purposes hereof, development has been substantially completed when all of the land in the area has been platted and building permits have been issued for construction on at least ninety (90) per cent of the lots in such area. Supp. No. 37 2218 a SUBDIVISION REGULATIONS R 3262 (3) When the conditions for reimbursement have been met, - the city will reimburse developer for the costs described in paragraph (2). ff such reimbursement occurs within twenty-four (24) months atter either the comprehensive plan has been amended or intervening development has been substantially complet- ed, reimbursement shall be on a dollar -for -dollar basis, _. with no interest or carrying costs. Any amount unpaid at the end of the twenty -four-month period shall thereafter bear interest until paid at a rate equal to the rate the city is paying on the last general obligation bonds it issued prior to the interest commencement date. (4) The ordinance shall also contain a legal description of the entire area served by the off-site improvement, and the city clerk shall file a copy of the ordinance in the office of the Johnson County Recorder. (b) Because public improvements have a limited useful life, a _ developer's right to reimbursement, and the effectiveness of each specific connection ordinance shall expire twenty (20) years from the date of its passage. (g) At such time as any part of the off-site area served by an offsite improvement is subdivided by platting, or becomes sub. jectto a large scale development plan, the resolution approving the preliminary plat or plan shall set forth the amount of the connection fee or fees which shall be paid with respect to the subdivision or large scale development. (h) Connection fees shall be collected by the city prior to the time, and as a condition to approval of each final subdivision plat or large scale development plan described in subsection (g). Not- withstanding the foregoing, if a building permit is sought for any property included within the area served by an off-site improve- ment before a subdivision plat or largo scale development plan is required for such area, the appropriate fee shall be paid prior to issuance of the building permit. (i) The city shall remit to the developer monthly the amount of connection fees collected during the prior month. Supp. No. 37 2219 5 3262 IOWA CITY CODE 0) The reimbursement permitted in this section is in lieu of any and all other claims for reimbursement by developer. The developer, by making application for subdivision plat or large scale development plan approval, waives, all rights or claims against the city for reimbursement of off-site costs, or any costs or contributions incident to the development. (k) Off-site costs are not an obligation of the city nor a charge against its citizens or its taxing power. The city shall have no obligation with respect -to such costs except to remit to developer the fees it collects. (Ord. No. 88.3376, 4 1(B), 5-3-88) Supp. No. 37 vV�"c4 2220 [The neat pages 224 11 i 1537 I Chapter 32.1 TAXATION AND REVENUES* Art. I. In General, 14 32.1.1-32.1.20 Art. 11. Hotel and Motel Tax, if 32.1.21-32.130 Art. III. Partial Property Tax Exemption for Industrial Property, If 32.131-32.149 Art. IV. Schedulo of Fees, 44 32.140-32.1.99 Art. V. Municipal Bond Financing, i4 32.1.100-32.1.103 ARTICLE I. IN GENERAL Bees. 32.1-1-32.1-20. Reserved. ARTICLE Il. HOTEL AND MOTEL TAXI Sec. 32.1-21. Established. There is hereby imposed a hotel and motel tax at a rate of five (5) per cent upon the gross receipts from the renting of any and all rooms, apartments, or sleeping quarters, in any hotel, motel, -- inn, public lodging house, rooming house or tourist court, or in any place where sleeping accommodations are furnished to tran- sient guests for rent within the corporate limits of the city, all as defined, allowed, and provided for in Chapter 422A of the Code of Iowa, and subject to the limitations, restrictions, conditions, pro• visions and penalties contained therein. (Ord. No. 83.3100, 5 1, 1.483) 'Editor's note—Prior to January 4, 1983, the city's taxation ordinances, both general and special, were omitted from the Code and saved from repeal by 4 30) of the Adopting Ordinance (see p, x0. Section 2 of Ord, No. 87.3342, adopted Sept. 8, 1987, added the words "and Revenues" to the title of Ch. 32.1. Cross references—Financial procedures generally, 1 2.204 el seq,; licenses generally, Ch. 21. tEditor's note—Nonamendatory Ord. No. 833100, adopted Jan. 4, 1983, has been codified as Art. 11,1132.1.21 and 32.122, at the editor's discretion. Cross reference—Housing, Ch, 17. Supp. No. 37 2241 :1A 15J7 9 I 132.1.22 IOWA CITY CODE Sec. 32.1-22. Implementation. The city officers are hereby directed to take such procedural steps as are necessary to accomplish the imposition of the hotel and motel tax on April 1, 1983. (Ord. No. 83.3100, § 2, 1.4-83), Secs. 32.1-23-32.1.30. Reserved. ARTICLE III. PARTIAL PROPERTY TAX EXEMPTION FOR INDUSTRIAL PROPERTY Sec. 32.1.31. Established. There is hereby established a partial exemption from property taxation of the actual value added to industrial real estate by the new construction of industrial real estate, research -service facili- tics, warehouses, distribution centers and the acquisition of or improvement to machinery and equipment assessed as real es Late pursuant to section 427A.1, subsection 1, paragraph e of the 1985 Code of Iowa. (Ord. No. 85-3222, § 1, 1-22.85; Ord. No,. 85.3261, § 2A, 11.19.85) Sec. 32.1.32. Definitions - For the purpose of this article the following definitions shall apply; ..:. (a) Actual value added- The actual value added as of the first year for which the exemption is received, except that ac.' tual value added by improvements to machinery and equip. ment means the actual value as determined by the asses- sor as of January 1 of each year for which the exemption is received. (b) New construction: New building and structures and new buildings and structures which are constructed as addi-: tions to existing buildings and structures. New construe - tion does not include reconstruction of an existing building or structure which does not constitute complete replace- ment of an existing building or structure or refitting of an existing building or structure, unless the reconstruction of Supp. No. 37 2242 /S'37 A TAXATION 4 32.1.55 m V d O O O oo? m m U I $ nNN N � m a � Y V o u Q o C u O O Y ! eo U a o W q m . b - O h.d W o a s a U Wu M' Gx U2 ��+ n �•S •� r'i c � 8 N "' Cir na L0 Supp. Na. 37 2247 A OF PRECEDING DOCUMENT sSec. 32.1.55. Fees or charges authorized in Chapter 15. 1 P Municipal Code 0 I Section j Authorizing Fee - Charge, Fine or Description of Fee, I Penalty Charge, Fine, or Penalty - Charge, 15.31 Fee for annual solid waste collection permit One dollar ($1.00) per collection vehicle per year 15-65(a) Residential solid waste collection fee Rates effective for bills on Sept. 1 Sept. 1 or after: 1988 1989 per dwelling unit, per month $5.25 _ $5.50 per two rooming units, per month $5.25 $5.50 15-65(b) Landfill use fee �- July 1 July 1 i Rates effective: 1988 1989 City fee $7.75 $8.00 \ State fee $1.50 $2.00 Total fee $9.25 $10.00 Minimum $1.25 $1.35 `G,1 Municipal Code 19 Section o Authorizing pee i. Charge Fine or Description of Fee, Penalty Charge Fine. or Penalty . ........ _.Ch 16.66 Deposit fee, combined, for city water and/or Residential acco ....... sewer. unt: arge $50.00Per combined residential service for city water and/or sewer and/or solid (Ord. No. 87-3342, § 1, 9.8-87; Ord. No. 88-3380, § 1, 5-17-88) waste collection service. Secs: 92.1.50-32.1.62. Reserved. Sec. 32.1-63. Fees or charges authorized in Chapter 23. 00 Municipal Code Section Authorizing Fee Charge Fine or Description of Fee, Penalty Charge, Fine, or Penalty Charge 23-249 Fee for contractor reservation or meter space (meter hood) $ 4.00/day Show -up fee charged by tow truck operator 23.274 Parking meter fees: $ 20.00/day Central business district on -street meter Central business district lot meter $ 0.40/hour. $ 0.40/bour 0 0 0 tv a Municipal Code p Section Z Authorizing Fee It Charge, Fine or Description o(Fee, i Penalty Charge, Fine, or Penalty Charge Peripheral on -street meter (outside central - -� business district) Peripheral lot meter (outside central busi- $ 0.34 hour ness district) Meter hood/contractor $ 0.30/hour 23.277 Fees forg n cit arkin ig p y parkin iota and $ 4.00/day N structures: Municipal parking lot (adjacent to Ramp B) Monthly all -day permits $ 40.00/month x all -da Monthly y permits (annual advance payment) $456.00/year Monthly off -hours permits (after 5:00 p.m., Monday through Friday, all day Saturday j and Sunday)- $ 29.00/month Lot permits, all other municipal lots $ 30.00/month Monthly all -day permits $ 30.00/month Monthly all -day permits (annual advance payment) $342.00/year City employee lot permits $ 16.00/month 0 Municipal Code F Section o Authorizing Fee ^' Charge Fine or Description of Fee, Penally i Charge, Fine, or Penalty - Parking Ramps A and B: Charge Hourly parker Monthly all -day permits $ 0.40/hour Monthly off -hours permits $ 40.00/month $ 29.00/month The above hourly parking rates for parking ramps willapply to both parking ramps, p with the exception of cars existing when a cashier is not on duty; a flat rate of $0.75 N shall apply and be deposited at the exit gate, c Reissue of lostlatolen permits $ 2.00/each reissue 23.279 Penalties f or parking violations: W Expired metering $ :3.00 .- m Expired meter Prohibited zone. $ 3.00.. $ 5.00 Illegal parking—handicapped parking space $ 15.00 Monthly all -day permits (annual advance payment) $456.00/year One-hour restricted zone—Civic Center lot All other illegal parking violations this chapter $ 3.00 (Ofd. No: 87-3342, § 1, 9.8.87; Ord. No, 88.3380, § 2, 5.17.88; Ord. No. 88.3382, § 1, 6014.88) Sec. 32.1.64. Reserved. I N Sec. 32.165. Fees or charges authorized in Chapter 25. j Municipal Code p Section o Authorizing Fee '. N Charge, Fine or Description of Feg Penalty Charge, Fine, or Penalty 26.37 Fees for reservation or rental of facilities or equipment: 1. Garden plots - 2. Social hall to 3. Meeting rooms to 4. Craft room 6. Pool 6. Gym 7. Coin-operated lockers Charge $ 8.00/season $25.00/season $ 5.00/season $ 5.00/season - $25.00/hour (2 -hr. min.) o $25.00 first 2 hours, plus $7.50 per hour x thereafter $ 0.10 to $0.50 daily, $2.00 monthly, $10.00 for 6 months B. Farmer's Market stall reservation: Single market $ 6.00 Season (reservation) $, 4.60/market day Season (Saturdays only) Season (Wednesdays and Saturdays) All prices include $1.00 per market advertising fee w Charge, Fine or Description of Feg Penalty Charge, Fine, or Penalty ` 10. Park shelter reservation: Shelter City Park: N1 a2 M3 96 911 (entire shelter) 911 (large section) 911 (small section) 912 913 (enclosed) 914 916 916 917 Other parks: Brookland N• N CJI Charge i Fee* (5 hrs. or less) $ 7.00 > 16.00 i 16.00 7.00 O 26.00 ° u 16 00 10.00 7.00 20.00 7.00 7.00 16.00 7.00 6.00 om Municipal Code r p Section I o Authorizing Fee Charge, Fine or Penalty Description of Fee, Charge, Fine, or Penalty Shelter . Court Hill dl Court Hill N2 Court Hill N3 Court Hill N4 Crandic Creekside Happy Hollow -' Hickory Hill, North Hickory Hill, South Mercer . North Market Square Oak Grove Pheasant Hill Reno Street Sturgis Ferry Nl Sturgis Ferry N2 Terrill Mill l Cs I' f u om Municipal Code r p Section I o Authorizing Fee Charge, Fine or Penalty Description of Fee, Charge, Fine, or Penalty Shelter . Court Hill dl Court Hill N2 Court Hill N3 Court Hill N4 Crandic Creekside Happy Hollow -' Hickory Hill, North Hickory Hill, South Mercer . North Market Square Oak Grove Pheasant Hill Reno Street Sturgis Ferry Nl Sturgis Ferry N2 Terrill Mill l I' u q Charge Fee' (5 hrs. or less) $ 5.00 5.00 5.00 5.00 7.00 7.00 10.00 °x 12.001 10.00 12.00 5.00 4.00 4.00 4.00 4.00 a 4.00 N 5.00. ..I. A. i Municipal Code 'e Section z Authorizing Fee 66 Charge Fine or Penalty I I � Description of Fee, 3 II Charge, Fine, or Penalty - Charge f •. . Fee* Municipal Code 'e Section z Authorizing Fee 66 Charge Fine or Penalty I I I � Description of Fee, II Charge, Fine, or Penalty - Charge . Fee* Sheller (5 hrs, or less) Villa $ 4.00 Wetherby 10.00 Willow Creek 12.00 S *Far reservations more than 6 hours, fee will be double. Shelters may be used a free of charge without reservations, if available. Users may also be charged an additional amount to cover employee wages, inclu• ding overtime, for supervision or clean-up of the facility. o Fees for use of recreational facilities: - ro 1. Racquetball court $ 2.60/hour 2. Swimming pools Daily Admissions Youth Adult (3-15 yra.) (16 yrs. +) All city pools $ 0.76 $ 1.60 20 punch swim card (20 admissions) $12.76 $16.00 Children under 3 years of age are admitted free. I Summer I Charge, Fine or Description of Fee, $75.00 • Penalty Charge, Fine, or Penalty Charge . 30.00 Swim Passes* Annual Family $135.00 15.00 (maximum of four people) 7.50 Adult 80.00 ':- Youth 56A0 ' N Lap 110.00 N Additional family members: First additional 27.50 Second and each additional 13.75 Prorated fees are available at certain times during the fiscal *Nonresidents of Iowa City, add 50 per cent. year. (Ord. No. 87.3342, § 1, 9.8.87; Ord. No. 88.3371, § 1, 4-5.88) Secs. 32.188-32.189. Reserved. I Summer 1 $75.00 45.00 30.00 55.00 15.00 °x 7.50 N I. i+ t I t i a N � S o � 1 rt• 'I $ 0.50 $ 0.40 Sec. 32.1-00. Fees and charges authorized in Chapter 30. $ 0.50 x Municipal Cade $18.00 a j Section I Authorizing Fee n 0 Charge Fine or Description ojFee Penalty Charge Fine, or Penalty 30.7 Standard fare, general public School field trip Saturday fare, general public Monthly pass, general public N t i a N � S o � 1 Charge 'I $ 0.50 $ 0.40 $ 0.50 $18.00 a j I O n 0 M 'i t T Municipal Code Section _ a Authorizing Fee - - V Charge Fine or Description o(Fee, Penalty - Charge Fine, or Penalty 33-165 .Fee for direct purchase of water - - .Charge t $ 4.00, per 1,000 gallons or fraction 33-167 Fee for delinquent water service account thereof .,.; ..,..... $ 3.00 for each water service - account not paid within 30 days of the billing 33.169(a) Deposit fee, combined, for city water and/or N date 50.00 p sewer and/or solid waste collection service m vice for city water and/or sew and/or y I t solid waste collection service, an amount equal to the two-month billing for com. °x 33.169(6) Fees and charges for various consumer mercial service ser. vices Tap fees: ; Size Tap Corps - Curbs Boxes � %" $13.60 $11.05 1" 17.40 $20.10 $27.76 17.45 1Y." 22.90 33.20 34.00 27.76 55.30 ' 1%" 28,00 45.95 V 31,50 38.80 73.70 38.80 a N 74.40 110.00 38.80 w Municipal Code a Section N o Authorizing Fee - �Charge,Fineor Description of Fee, Penalty Charge, Fine, -or Penalty : Charge N 1% inch, 1'A inch and 2 inch will require saddles which are to be charged at the city's purchase price cost. Installation and connection fees: Size (inches) Cost per linear foot - - . E I - 6 $13.20 8 17.10 o I 10 21.80 12 27.00 16 35.80 Fee Fee (c) Service Fees `During Normal-A/terNormal Service Working Hours Working Hours a. Connection fee for $11.00 $30.00 1. Installing new meter 2. Resetting meter _ I` Municipal Code a Section N o Authorizing Fee - �Charge,Fineor Description of Fee, Penalty Charge, Fine, -or Penalty : Charge N 1% inch, 1'A inch and 2 inch will require saddles which are to be charged at the city's purchase price cost. Installation and connection fees: Size (inches) Cost per linear foot - - . E I - 6 $13.20 8 17.10 o I 10 21.80 12 27.00 16 35.80 Fee Fee (c) Service Fees `During Normal-A/terNormal Service Working Hours Working Hours a. Connection fee for $11.00 $30.00 1. Installing new meter 2. Resetting meter _ Municipal Code a Section Z Authorizing Fee u Charge, Fine or Penalty I v ' Description ofFeg - Charge Fine or Penalty Fee During Normal Service Working Hours b. Carding fee for shut-off $11.00 Fee in collection procedure .. c. Check leaky meters and No charge Working Hours ., meter connections d. Frozen meters $11.00 + cost H No charge of meter repair e. Shut-off service at curb No charge x and check for leaks f. Broken hydrant $11.00 + repair cost g. Location of writer mains No charge for other utilities cost . . Charge Fee ... .. After Normal Working Hours ., $30.00 H No charge $30.00 + cost x of meter repair $30.00 + hourly rate for time over 2 hours i $30.00 + repair cost No charge N jr Y I ' i I �•fr Municipal Code 'v Section x Authorizing Fee jCharge, Fine or Description of Fee, Penalty ,. Charge, Fine, or Penalty .. Charge - - Fee Fee. During Normal A/ler.Normal Service -- - - Working Hours WorkIng 'Hours - h. Location of water main No charge $30.00 + hourly for private enterprise rate fdi'time over -2 8 ho i. Meter accuracy check at $30.00 Not done after customer's request normal working o ' j. Miscellaneous services No charge hours $30.00 + hourly ,. . for. other governmental tjm rate fortime over agencies . 2 hours If service is requested outside normal working hours, a $30.00 eller-hour fee shall be charged in addition to the normal working hour fee. In addition, when service time after hours exceeds 2 hours, an additional charge will be added to cover equipment expense and actual employee wages, including overtime, The water service division's normal working hours are 8:00 a.m, to 4:30 p.m. daily. (Ord. No. 87.3342, § 1, 9.8.87; Ord. No. 88-3371 § 2 4.6.8 W \ TAXATION C 92.1.103 Secs. 32.1-74-32.1.99. Reserved. ARTICLE V. MUNICIPAL BOND FINANCING Sec. 32.1-100. Lost or stolen bonds; claim for payment; proof of ownership; indemnity bond. In the event of claim made for payment of the principal of or interest on bonds issued by the city, the director of finance shall be provided with satisfactory evidence of proof of ownership and of loss of said bonds or coupons and shall require the filing with the director of finance of a satisfactory indemnity bond of a surety acceptable to the director of finance, indemnifying the city in the event any or all of the original bonds or coupons are inadvertently paid or presented for payment by a bona fide holder in due course. (Ord. No. 88-3384, § 1, 6.28.88) Sec. 32.1-101. Duplicate bonds—Issuance; city reimbursed for actual expenses.. Upon receipt of such proof of ownership, loss, and indemnity bond, the controller is authorized to proceed with the printing of duplicate bonds or coupons and shall charge for the issuance of the duplicate bonds and coupons any amount sufficient to reim- burse the city for the actual expense incurred by it in connection with the issuance thereof. The city officials designated are au. thorized to execute the duplicate bonds and coupons in the same manner as provided with respect to the original bonds. (Ord. No. 88-3384, § 1, 6.28.88) Sec. 32.1.102. Same—Substitute for original issue bonds. Duplicate bonds and coupons of like tenor, amount, date and maturity shall be deemed to be issued in lieu of and in substitu- tion for each of the bonds or coupons so numbered of the original issue and shall be so noted on the books of the city kept for that purpose. (Ord. No. 88.3384, § 1, 6.28.88) Sec. 32.1.103. Inadvertent payment of original bonds; en. forcement of indemnity bond. In the event any or all of the original bonds or coupons shall be inadvertently or for any reason paid by the city or presented for Supp. No. 37 2265 I 9 ZONING 1964 -' (5.1) Cliniq small animal• An establishment where the pre- vention and treatment of diseases and injuries in small domestic animals is carried out by a licensed veteri- narian.For the purposes of this chapter, this defini- tion does not include a kennel. (6)' Club: A meeting place of an association with restricted .access to the general public controlled by its members, and in which property is actually owned, leased or held in common for the benefit of its members. For the purposes of this chapter, this definition does not in- clude a fraternity or sorority house. (7) Commercial recreational uses: Facilities which are used primarily for physical exercise, or culture and which include but are not limited to campgrounds, courts, gyms, swimming pools, locker and training rooms, tar- get or shooting ranges, amusement arcades, and bil- liard halls. Such facilities do not include message par- lors and establishments which feature nude dancing. (8) Commission: The planning and zoning commission of Iowa City, Iowa, as created by Chapter 414 of the Code of Iowa and the City Code of Ordinances. (9) Confinement feeding operations: One or more roofed or partially roofed animal enclosures, designed to con- tain liquid or semiliquid animal wastes, and in which the maximum number of animals confined at one time exceeds fifty (50) beef cattle, forty (40) dairy cattle, two hundred fifty, (250) swine over forty (40) pounds, one thousand eight hundred (1800) swine forty (40) pounds or less, six hundred (600) sheep, three thousand (3,000) turkeys, fifteen thousand (15,000) broiler chickens or nine thousand (9,000) layer chickens. (10) Conversion: Any change of one principal use to an- other principal use. (11) Council, The city council of Iowa City, Iowa. (12) Court: A space, open and unobstructed to the sky, located at grade on a lot and bounded on three (3) or more sides by walls. (d) (1) Deck A covered or uncovered platform area projecting from the wall of a building, accessible at or from above grade, and attached to the ground. Supp. No, 37 2486 9 I 136-4 IOWA CITY CODE �\ (2) Density, gross. The number of dwelling units per unit area of land (usally expressed as dwelling unite per acre). (3) Development Any man-made change to improved or unimproved property including but not limited to build. ings, mining, dredging, filling, grading, Paving, exca- vation or drilling operations. (4) Developmentally disabled- Any person who has a dis. ability attributable to but not limited to mental retar. dation, cerebral palsy, epilepsy, autism or another aim. ilar neurological condition; dyslexia resulting from an above disability; or a mental or nervous disorder which disability originates before such individual attains age eighteen (18), and which constitutes a substantial im. Pairment expected to be long -continued and of indefi. nite duration. (6) Discontinuance Whenever a nonconforming use is allies. doned, ceased, or terminated. (6) Downzoning. A change in the zoning classification of land to classification Permitting development that is less intensive or dense, such as from multifamily to single-family or from commercial or industrial to residential. J . (7) Drive/driveway: An asphalt, concrete or similar per. manent dustfree surface designed to provide vehicular access to a parking area. (8) Dwelling- A building which is wholly or partially used or intended to be used for residential occupancy. (9) Dwelling, duplex A dwelling containing two (2) dwell. ing units. , (10) Dwelling, farm: A dwelling located on a farm and occupied by the family which maintains and operates, owns or has a leasehold interest in the farm on which the dwelling is located. (11) Dwelling, founplex A multifamily dwelling contain. ing four (4) dwelling unit, i (12) Dwelling, high-rise multifamily.• A multifamily dwell. ing consisting of three (3) or more stories of dwelling unite with a total of four (4) or more stories located entirely above grade, j Supp, No. 37 2486 /5037 A ZONING 4 364 (13) Dwelling, low-rise A multifamily dwelling which is ! thirty-five (35) feet or lees in building height. l Supp No. 37 2486.1 I ISW /S3 0 ZONING §364 .. (7.1) Fitness centers and health spas Facilities used primarily for physical exercise and wellness programs and which include but are not limited to gymnasiums, aerobics studios, weightlifting centers, racquetball courts, tennis courts, and jogging trails. (8) Floor area: The total area of all floors of a building or portion thereof measured to the outside surface of ex- terior walls or the center line of walls to attached buildings or uses. It does not include garages, porches, balconies, and other appurtenances. Space in the base- ment or cellar and all other apace shall be included as floor area if used for a principal or accessory use per- mitted in the zone in which the building is located. (9) Floor area ratio (FAIT): The numerical value obtained by dividing the floor area within a building or build- ings on a lot by the area of such lot. (10) Fraternitylsorority house A building used as a resi- dence by a chapter of a fraternal or sororal nonprofit organization recognized by the University of Iowa. For purposes of this chapter, this definition does not in- clude a rooming house. (11) Frontage The distance along a street line (right-of- way line) from one intersecting street to another, or from one intersecting street to the end of a dead-end street or the end of a cul-de-sac. (g) (1) Garage, commercial• Any building or premises used for equipping, repairing, renting, selling or storing motor vehicles, and at which automobile fuels and supplies may be sold. - (2) Garage, private- An accessory building which is under the control and use of the occupants of the main building. (8) Grade- The top surface elevation of lawns, walks, drives, or other improved surfaces after completion of con- struction or grading and landscaping. For the purposes of determining height of a building, the grade is the average level at the perimeter of the exterior walls of a building. (4) Ground area: The area of a building within its largest outside dimensions computed on a horizontal plane at Supp. No. 37 2489 /S3 0 4 364 IOWA CITY CODE the first floor level, exclusive of open porches, breeze- ways, terraces, and exterior stairways. (6) Ground floor/first floor. The lowermost floor of a build- ing having its floor -to -ceiling height at or above the grade. (6) Group care facility. A government -licensed or -approved facility which provides resident services in a dwelling to more than eight (8) individuals not including resi- dent staff, but not exceeding thirty (30) individuals. These individuals are developmentally disabled, aged or undergoing rehabilitation; are in need of adult su- pervision; and are provided services in accordance with their individual needs. Group care facilities shall not include nursing homes. (7) Guesk An individual who shares a dwelling in a non- permanent status for not more than thirty (30) days. (h) (1) Handicapped A person certified by a medical doctor as having a physical or mental impairment which is expected to be of long -continued and indefinite dura- tion, which substantially impedes the ability to live independently and is of a nature that the ability to live independently could be improved by more suit- able housing condition. (1.1) Hedge A boundary formed of a row of closely planted shrubs or bushes. (2) Home occupation.' An accessory use consisting of an occupation or profession carried on by a person resid- ing on the premises, (3) Hospital' An institution providing health services for human in-patient medical care for the sick or igjured and including related facilities such as laboratories, out-patient facilities, emergency medical services, and staff offices which are an integral part of the facility. (4) Hefei- A residential building licensed by the state and occupied and used principally as a place of lodging for guests. Hotels may or may not provide meals and there are usually no cooking facilities in guest rooms (see "hotel, apartment"). Supp, No. 37 2490 107 ZONING 4 364 (9) Roomer: An occupant of a rooming house or rooming unit who is not a member of the family of the rooming house operator. A roomer shall also mean an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit. (10) Rooming house: Any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is let by the owner or operator to four (4) or more roomers. (11) Rooming unit, Any habitable room or group of adjoin. ing habitable rooms located within a dwelling and forming a single unit with facilities which are used, or intended to be used, primarily for living and sleeping, but not fof cooking. A rooming unit shall have bath and toilet facilities available for the exclusive use of the occupant(s) or for communal use and, in addition, the occupants may have access to a communal kitchen and/or dining room. (s) (1) School—Generalizedprivateinstruction: Aprivate school which includes any of the following: Elementary apd secondary schools below university grade (ordinarily grades 1 through 12), including denominational and sectarian; kindergartens and military academies are also included. Colleges, universities, and professional schools granting academicdegrees and requiring for admission at least a high school diploma or equivalent general academic training. Junior colleges and tech- nical institutes requiring for admiss-ion at least a high school diploma or equivalent general academic train- ing and granting associate academic degrees, certifi- cates or diplomas. (2) School—Specialised private instruction: A private school which includes any of the following: Establishments primarily engaged in offering data processing courses in programming, and in computer and peripheral equip- ment operation, including keypunch operation. Estab- lishments primarily engaged in offering courses in business machines operation (except data processing), office procedures, and secretarial and stenographic skills. Supp. No. 37 2497 /S-37 Y 4 364 IOWA CITY CODE I Establishments primarily engaged in offering special. -. ized trade or commercial courses, not elsewhere classi. fed, but not academic training. Specialized nondegree granting schools, not elsewhere classified, such as music schools, dramatic schools, language schoola, and civil service and other short-term examination preparatory schools. Establishments primarily engaged in operat. ing dance studios and schools. (3) Separate tract* An abutting group of lots which are developed for a use or uses which share common facili. ties, e.g., off-street parking, loading and driveways. A separate tract shall be considered as a single lot in the application of the requirements of this chapter. (4) Setback line: The line beyond which the wall of a building or structure shall not, project. (5) Special exception: A principal or accessory use or a modification in yards or parking and slacking spaces which is allowable when the provisions of section 36.91(gX2) are met and when the facts and conditions specified elsewhere in this chapter, as those upon which the exception is permitted, are found to exist by the board of adjustment. \ (6) Stacking space An asphalt, concrete or similar per- manent dustfrec surface which is designed to accom. modate a motor vehicle waiting for entry to an auto. . oriented use, which is located in such a way that a parking space or access to a parking space is not ob. structed, and which is at least nine (9) feet in width and nineteen (19) feet in length. (7) Story: The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included between the upper surface of the topmost floor and the ceiling above. (8) Street, The entire width between property lines through private property or designated width through public property of every way of whatever nature when such way is open to the use of the public as a matter of right, for purposes of vehicular traffic. Supp. No. 37 2498 ' ;. IS3 7 9 ZONING 4364 (4) Vehicle, storage of A vehicle or portion thereof which is parked in the. same position for a period of forty- eight (48) hours or more. (w) Reserved (x) ' Reserved (y) (1) Yard- A required area on a lot unoccupied bystruc- tures above grade except for projections and the spa- ' ci6Eminor uses or structures allowed in such area under the provisions of this chapter. A yard extends from the grade upward. (2) Yard front: The required area across a lot between the front yard line and the street (right-of-way line). (3) Yard rear- The required area from one side lot line to another side lot line and between the rear yard line and the rear lot line. (4) Yard, side: The required area from the front yard line to the rear yard line and from the side yard line to the side lot line. (0) Yard line, front: A line from one aide lot line to an. other side lot line, parallel to the street, and as far back from the street as required in this chapter for the front yard. - (6) Yard line, rear., A line parallel to the rear lot line as far forward from the rear lot line as required by this chapter (see "lot line, rear"). (7) Yard line, side.* A line parallel to the side lot line and as far from the side lot line as required by this chapter. (z) (1) Zone• A portion of the city delineated on the zoning map in which requirements and development stand- ards for the use of land and buildings within, above or below the zone are prescribed in this chapter. (2) Zoning code interpretation panek A staff panel desig. nated by the city manager to interpret the provisions of the zoning ordinance in such a way as to carry out its intent and purpose. (3) Zoning map., The map delineating the boundaries of zones which, along with the zoning text, comprises the zoning ordinance. Supp. No. 37 2501 9 § 36.6 IOWA CrrY CODE (Ord. No. 85.3252, § 1, 9.10.85; Ord. No. 86-3301, § 1, 11.4-86; Ord. No. 86.3303, 6 1, 11.18-86; Ord. No. 87.3321, § 1, 6.2-87; Ord. No. 87.3349, § 1(1)—(4), 12.1.87; Ord. No. 88-3366, § 1(5), 2-23-88; Ord. No. 88-3383, § IA, 6.28.88) Cross references—]own River corridor overlay zone definitions, 13645; sign regulation definitions, § 3681. ARTICLE IL PRINCIPAL USES AND REQUIREMENTS DIVISION 1. ZONES Sec. 365. Interim development zone (ID). (a) Intent This zone is intended to provide for areas of man. aged growth in which agricultural and other nonurban uses of land may continue, until such time as the city is able to provide municipal services and urban development can take place. Upon provision of municipal services, the city will and the property owner may initiate rezoning of property to uses consistent with the comprehensive plan. ID designations on the zoning map shall be reevaluated with each revision of the comprehensive plan. ID designations shall consist of ID -RS (single-family residential), ID -RM (multifamily residential), ID -ORP (office research park), and ID-RDP (research development park) to reflect the intended use of the property in the future. (b) Permitted uses. (1) Farms. (2) Livestock and livestock operations except livestock feed lots and confinement feeding operations. (c) Provisional uses. (1) Clubs subject to the requirements of section 36.56. (2) Farm dwellings provided they are developed in accordance with the dimensional requirements of the RR -1 zone. A maximum of two (2) roomers may reside in each farm dwelling. (3) Livestock feedlots, except confinement feeding operations, pr6vided they are located not closer than one-fourth ('/4) mile to any R zone boundary. Supp. No. 37 2502 /537 9 ZONING 4 36-15 -- (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. Sec. 36.15. High-rise multifamily residential zone (RM -146). (a) Intent It is the purpose of this zone to provide for a mix of uses which are suited to a very high intensity residential envi- ronment. It is intended that this zone provide an efficient ar- rangement of land uses by providing convenience to its residents. While special attention to design is needed to successfully blend multiple uses into one structure or into a single neighborhood, this zone provides opportunities for activities and amenities not immediately available to most residential environments. Since this zone will have high levels of pedestrian activity, special attention must be directed to providing a pleasant, safe and efficient pedestrian environment. (b) Permitted uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers residing in each dwelling unit. Single- and two-family dwellings, which exist as nonconforming uses, shall be permitted three (3) roomers per dwelling unit. (2) Fraternity/sorority houses. (3) High-rise multifamily dwellings. (e) Provisional uses. (1) Elderly housing subject to the requirements of section 36.56. (2) Low-rise multifamily dwellings provided they are devel- oped in accordance with the dimensional requirements of the RM44 zone. (3) Retail and service establishments listed as permitted uses (1) through (4) in the CN -1 zone provided they are located on the ground level or below in a high-rise multifamily dwelling. Supp. No. 37 2529 fn 7 b' 199-15 IOWA CITY CODE �. (d) Special exceptions. - (1) Child care facilities. (2) Clubs. (3) Group care facilities provided that there is at least three hundred (300) square feet of lot area for each occupant. (4) Public utilities.. (5) Religious institutions. (6) Restaurants. (7) Schools—Generalized private instruction. (6) . Transient housing. (e) Dimensional requirements. (1) ,Minimum lot area: 5,000 square feet. (2) Minimum lot area per unit: None. (3) Minimum lot width: None. (4) Minimum lot frontage: 35 feet on a public street or an officially approved place. (5) Minimum yards: Front—For high-rise dwellings, 0 feet; 20 feet for all other uses. Side—For high-rise dwellings, 5 feet or 0 feet for the aide of a building having a wall without windows facing the aide yard; 5 feet for all other uses. Rear—Far high-rise dwellings, 5 feet or 0 feet for the side of a building having a wall without windows facing the rear yard; 20 feet for all other uses. (6) Minimum open space per dwelling unit: None. (7) Maximum building bulk: Height—None. Building coverage—None. Floor area ratio—None. Supp. No. 37 '2530 A ��. ZONING 4 36.16 (f) General provisions. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements: See Article III. a. Permitted accessory uses and buildings: See section 36-56. b. Accessory use and building regulations: See section 36.67. c. Off-street parking requirements: See section 36-68. d. Off-street loading requirements: See section 36.59. e. Sign regulations: See section 36-60. i f. Fence regulations: See section 36-65. (2) General provisions: See Article IV, a. Dimensional requirements: See Division 1. b. Tree regulations: See Division 2. c. Performance standards: See Division 3. d. , Nonconformities: See Division 4. (g) Special provisions. (1) Except along boundaries where adjacent zones permit build. ings higher than thirty-five (36) feet, no portion of any building in the RM -145 zone shall project through an imagi. nary plane leaning inward from thirty-five (35) feet above zone boundaries at an angle representing an increase of one foot of height for each foot of horizontal distance per- pendicular to the boundary. Where existing land in abut. ting zones is developed with open spaces at the boundary, such as street right-of-way, the open space may be included in meeting the horizontal distance requirement. (2) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional re- quirements or the off-street parking requirements. (Ord. No. 88.3383, 4 113, 6.28.88) Sec. 36.16. Reserved. Supp. No. 37 2630.1 /537 6 536-17 IOWA CrrY CODE Sec. 36-17. Commercial office zone (CO.1). (a) Intent The commercial office zone (CO -1) is intended to provide specific areas where office functions, compatible busi- nesses, apartments and certain public and semipublic uses may be developed. The CO -1 zone can serve as a buffer between resi. dential and more intensive commercial or industrial areas. (b) Permitted uses (1) Clubs. (2) Copy services. (3) Florist shops. (4) Hospitals. (6) Meeting halls. (6) Nursing homes.. (7) Office buildings in which no activity is carried on catering to retail trade with the general public and no stock of goods is maintained for sale to customers except for those ii Supp. No. .17 2630.2 i 1537 ZONING 4 3668 city -owned parking facility, the board shall substanti- ate that, with the addition of the number of cars for a use accommodated in the facility, the capacity of the parking facility will not be exceeded. (7) In assessing an application for a special exception, the board shall consider the desirability of the location of off-street parking and stacking spaces, aisles and drives, on a lot separate from the use served in terms of pedestrian and vehicular traffic safety and any'detri- mental effects such off-street parking and stacking spaces, aisles and drives may have on adjacent property. (e) Screening requirements. In addition to the applicable re- quirements for screening of section 36.760, the following screening requirements in connection with perking areas shall be met; (1) Where a parking area is provided on a lot within fifty (60) feet of an abutting lot with a residential use which requires four (4) or fewer parking spaces, the portion of the parking area within fifty (60) feet of the abut- ting lot shall be screened from view within the abut- ting lot or at such time as provided in section 36.760). (2) Where a parking area is provided qn a lot within one hundred (100) feet across the street from a lot with a residential use which requires four (4) or fewer park- ing spaces, the portion of the parking area within one hundred (100) feet shall be screened from view within the lot or at such time as provided in section 36.7Q). (3) The materials for screening and the placement shall comply with the regulations of section 36.76(i (4) The board of adjustment may grant a special excep- tion to modify the screening requirements when a park- ing area requires screening as provided in subpara- graphs (1) and (2) above, when neither the lot on which the parking area is located and the lot abutting or across the street aro zoned RS. The special exception shall be subject to all the requirements of section 301(g) and may only be granted when the applicant can demonstrate that modification of screening requirements would better serve the public interest than would strict compliance Supp. No. 37 2617 1537 9 I 136-58 IOWA CITY CODE with said requirements. Public interest may include but is not limited to reasons of public safety or aes• thetics. In no case shall a special exception be granted to modify the screening requirements for a lot abut• ting or across the street from a lot in an RS zone. (f) Off-street parking in the CB -10 zone: Except as otherwise provided, offstreet parking in the CB -10 zone shall be permitted only after approval of a special exception by the board of adjustment. The board shall consider the impact of the proposed parking upon surrounding uses in relation to the following requirements: (1) Screening, In addition to the applicable requirements for screening of subsection (e) herein, where a parking area abuts a street it shall be separated therefrom by a solid fence, wall, or evergreen hedge having a height -of not less than three(3) feet nor more than five (5) feet. (2) Access. Each entrance and exit to the parking area shall be constructed so that vehicles entering or leay. ing the parking area shall be clearly visible to a pe. destrian on any sidewalks at a distance of not leas than ten(10) feet. (3) Signe. Appropriate signs, including stop signs posted at the exits to streets, shall be provided. (g) Special vehicle and malercraJt parking and storage (1) General provisions. a. Definitions. Special one half (7-%) feeE nin ndevice,ry height and more than twenty (20) feet in length, which is or may be transported or drawn upon a highway, street or body of water, including without limitation, any motor vehicle, truck, trailer, tractor, wagon, watercraft, or any combination there• of, exceeding these dimensions. Storage area A space, equal in size to the outer pe• rimeter of a special vehicle, used for storage of such vehicle. Supp, No, 37 2818 /S37 ZONING 13656 b. Except for the purpose of making local deliveries, no vehicle designed for the shipment of detonable or flam- mable solids, liquids or gases shall be parked or stored • on any lot in a R zone. c. Commercial vehicles more than seven and one-half j (7%) feet in height shall not be stored in any residen. tial zone. (2)" Requirement& In the RR -1, RS -5, RS -8 and RS -12 zones, special vehicle storage shall comply with the following requirements: a. No special vehicle may be stored in a front yard, ex- cept on a regularly constructed aisle for a period of no more than four (4) days for the purpose of loading and unloading. b. " A special vehicle may be stored inside any building provided it is not stored in a required parking space. c. A special vehicle stored outside a building shall: 1. Belong to the owner or tenant of the property on which the vehicle is located, except for special vehicles of guests, as provided in subsection 3. below; 2. Be in operational condition and properly licensed as required by state or federal law; 3. Not be used for dwelling purposes except by guests of the property owner or tenant for a period of no more than twenty-one (21) consecutive days or forty- five (45) days in any calender year (an extension may be approved by the city manager or his/her designee): 4. Not be used for storage of items other than those considered to be part of the unit; and 5. Not be parked or stored upon a vacant residential lot. d. A special vehicle may be stored outside a building in the required side yard (except along a street) or in a required rear yard, provided: 1. The vehicle is no closer than three (3) feet to a side lot line, or to a rear lot line of a reversed corner lot; 1 Supp. No. 37 2619 4 365E IONA CITY CODE I 2. The storage area is surfaced with crushed rock, '— asphalt, concrete, or a similar surface designed and maintained to prevent muddy conditions, ero• sion the flow, of water onto acUoining property, and weed growth. In cases where crushed rock is used, the perimeter of such storage area shall be defined by bricks, railroad ties, or similar materi. als; and 3. No more than thirty (30) per cent of a required rear yard may be occupied by accessory structures and a special vehicle storage area. e. The city manager or his/her designee may permit out. side storage of a special vehicle in the required front yard, or the required side yard along a street, provided: 1. Storage space is not available in or there is no access to either the side or rear yard. For purposes of this section (2) e., a corner lot shall always be deemed to have access to the rear yard; and accessory. structures and buildings less than one hundred and sixty (160) square feet in area, or vegetation which is transplantable, are not deemed to prevent access; 2. Inside storage is not possible because the size of the special. vehicle exceeds either the space avail. able or the size of the entrance available in any existing building, or both; 3. The special vehicle is parked perpendicular to the street; 4. A planting screen is planted and maintained in accordance with the fence and hedge requirements, section 36.66, and the performance requirements, section 36.760), 6. No part of the special vehicle extends beyond the property line or over public right-of-way, f. Nonconfirming,Storage Areae. j 1. A special vehicle owner or lessee may establish nonconforming status for a special vehicle storage area which, on the date of adoption of these regu. lations, is located in a required front yard, or the ' required side yard along a street, if it can be dem- Supp. No. 37 2620 0 ZONING 43658 onstrated that there is no access to either the side or rear yard. If access to either the side or rear yard is available, a nonconforming storage area shall be relocated to either the side yard or rear yard within two (2) years after passage of this regulation. 2. Nonconfirming status for a special vehicle storage area shall be established by submitting to the department of housing and inspection services by (twelve (12) months atter the date of adoption of these regulations) a plot plan showing the loca- tion, design and size of the storage area, and the surface material existing on the storage area. 3. Should any property be sold, conveyed-ortrans- ferred,'the special vehicle storage area shall there- after comply with the provision of this section. 4. After (twelve (12) months after the date of adop- tion of these regulations), nonconforming status of existing special vehicle storage areas may not be established. 6. A nonconforming special vehicle storage area which is not used for a period of one year, for any reason, intentional or otherwise, shall not thereafter be permitted for special vehicle storage unless the area is brought into full compliance with these regulations. (h) Parking for handicapped persona Where a use is required to provide accessibility for handicapped persons, at least two (2) per cent of the parking spaces shall be set aside and identified with signs for use by handicapped persons. The. spaces shall be a minimum of twelve (12) feet, six (6) inches wide and located with the most convenient access to the building. A -smooth, unimpeded surface shall be provided from the parking spaces to the building entrance. (f) Modification of parking requirements. Where it can be dem- onstrated that a specific use has such characteristics that the number of parking or staking spaces required is too restrictive, the board of adjustment may grant a special Supp. No. 37 2620.1 /J37 a ■ 13658 IOWA CITY CODE �\ exception to allow not more than a fifty (50) percent reduc- tion, and more for buildings placed on the National Regis. ter of Historic Places, in the required number of parking or stacking spaces. (Ord. No. 85.3260, § 2A, 11-19-85; Ord. No. 85.3266, § 2,12.17.85; Ord. No. 85.3267, § 2, 12.17.85; Ord. No. 86.3305, § 1, 12-16-86; Ord. No. 87.3319, § 1, 5.6-87; Ord. No. 88-3366; § 1(1)--(4), 2.23.88; Ord. No. 88.3374, § 1, 4.19-88) Gross referenc"topping, standing and parking, 123.22k at seq. Sec. 38.59. Off-street loading requirements. Except in the CB -10 zone, off-street loading spaces shall be provided and maintained in compliance with the following requirements: (a) Required number of off-street loading spaces. With any retail use, warehouse, supply house, wholesale distributor, manufacturing establishment, industrial or research labo- ratory, or similar use which requires the receipt or distri- bution of materials or merchandise by trucks or vans and which has a floor area of ten thousand (10,000) square feet or more, there shall be provided the minimum number of�-'" loading spaces as follows: Square Feet ofAggregale Minimum Required Number Gross Floor Area of Spaces 10,000 to 20,000 1 20,000 to 40,000 2 40,000 to 80,000 3 ' 80,000 to 120,000 4 120,000 to 160,000. 5 For each additional 80,000 1 additional (b) General rules applicable to off-street loading. Except as otherwise provided in this chapter, the same rules appli. cable to off-street parking, section 36.58(b), shall apply to off-street loading. - (c) Design requirements. (1) All loading spaces shall be constructed of asphalt, con. ' trete or similar permanent dustfree surface. ; Supp. No. 37 2620.2 IS37 9 `j Sec. 36.80. Sign regulations(—Generally.) (a) Intent. It is the purpose of the sign regulations to enhance and protect the physical appearance and safety of the communi- ty, to protect property values and to promote the preservation of Iowa City's areas of natural, historic and scenic beauty. It is further intended to reduce distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs projecting over public rights-of-way, provide for a rea- sonable opportunity for all sign users to display signs for identifi- cation without interference from other signage, to provide for fair and equitable treatment of all sign users, and to establish a reasonable period of time for the elimination of nonconforming signs. Supp. No. 37 2620.3 9 ZONING 43660 -� (2) Loading spaces shall be a minimum of ten (10) feet in width, twenty-five (25) feet in length, and twelve (12) ' feet in height, exclusive of aisles. When more than two (2) spaces are required, the spaces other than the first two (2) shall be not less than twelve (12) feet in width, seventy-two (72) feet in length, and fourteen (14) feet in height. (3) All loading spaces shall be pitched and drained to prevent the flow of water from such areas onto streets and alleys which do not have adequate drainage facilities. (d) Loading space location (1) Except in the CB -2 Zone, loading spaces shall be lo. cated so that trucks or vans to be loaded or unloaded do not back onto or out of a street. (2) In R and ORP zones and in the C and I zones within fifty (50) feet of an R or ORP zone, no loading space shall be located in the front yard. (3) Loading spaces may be provided within a side or rear yard but shall not be located closer than five (5) feet to a lot line. `j Sec. 36.80. Sign regulations(—Generally.) (a) Intent. It is the purpose of the sign regulations to enhance and protect the physical appearance and safety of the communi- ty, to protect property values and to promote the preservation of Iowa City's areas of natural, historic and scenic beauty. It is further intended to reduce distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs projecting over public rights-of-way, provide for a rea- sonable opportunity for all sign users to display signs for identifi- cation without interference from other signage, to provide for fair and equitable treatment of all sign users, and to establish a reasonable period of time for the elimination of nonconforming signs. Supp. No. 37 2620.3 9 I CODE COMPARATIVE TABLE 364(aXl.l) �-' (3),(4) Section Ord. No. Adpt. Date Section this Cadet, 2 23,274 3-5 23276-23378 6 23.279 - Rpld 23.255 87.3338 9. 8.87 1 25.37 87.3339 9. 8.87 1 Rpid 2.221-2.224 87.3340 9. 8.87 1 30.1-3030 87.3341 - 9. 8.87 1 3345 2-4 33.163-33165 6 33.167 6 33169 87.3342 9. 887 1 32.140, 2 Rpid 32.1.55, • 32.1-63, 12. 1.87 1,2 32.1.65, - 12. 187 1 32.1.70, 12. 1.87 ' 32.1.73 2 Ch. 32.1(title) 87.3346 11.10-07 2 24.160-24.162 I - 87.7349 12. 1.87- 1(1) ' 3O4(a)(2.1) ! ' 87.3350 87.3351 87.3352 87.3353 87.3354 87.3365 873356 87.3357 87.3358 Supp. No. 37 2969 /5137 E (2) 364(aXl.l) (3),(4) 364(hX1),(1.1) (6) 364c)(4) (6) 36.7(c)(3) (7) 368(cX6) (8) 3OI0(c)(4) (9) 36.11(c)(5) - (10) 36.12(c)(10) (11) 3613(c)(7), (12) 36-55(a.1) 11-17-87 1 8.101-8.112, 8.124-8127, 8.138-8.144, 8.146-8.154 12. 1.87 1 7.25 2 Rpid 7.36 3 747 12. 1.87 1,2 1-21.1-22 12. 187 1 9.1.7 12. 1.87 1.2 Rpld 25.3, 254 3 2450 12. 1.87 l 31.137 12.22.87 1 36.69(6) 12.2287 1 36.23(c)(4),(dX4.6) 122287 2 31.11 2969 /5137 E Supp. No. 37 2970 A07 IOWA CITY CODE �\ Ord. No. Adpt. Dote Section Section this Code 883359 1.1288 I 33.46 2 33-166 88.33632• 9,88 3 Rpld 33.167 88.3366 2.2388 31.124 l 36.68 2 3658(cX2)b • ' 3 36.58(Fig. 1) .. 4 3868(cX2)1- 88.33682.23.88 364(pX2) 88.3369 3. 8.88 1 9.1.2 � 3668(b.1) 88.3370 4. 5.88 1 Rpld 24.51 2 Rpld 54 Added 64 88.3371 4. 6.88 1 32.1.66 2 32.1-73 88.3374 4-1968 1 36-58(g) 88.3376 4.19.88 1 Rpld 9.14 Added 9.14 88.3376 5. 3.88 1 32.2 32.2 883380 5.17-88 2 1 32-62 32,1.65 2 32.163 88.3381 8.1468 1B 32.28 88.3382 6.14.88 1 32.1-63 88.3383 6.28.88 IA 364(d) (12), (gX3), (s)(7) IR 36.15(e)(2),(5) 88.3384 6.28.88 1 32.1.100-32.1-103 88.3385 6.28.88 1 17.1(6) 2 17.3(b)(3) 3 IMUXI) 4 17.3(c) 6 17.3(r) 6,7 174%t). (U) 8 174(0 9 174(h) 10 175(1X2) o., b. 11 1750X1) 12 175(1X5) 13 17.RnXl)n. 14 175(c) 16 17.7(0 16 17.7(l) 17 17.7(9) Supp. No. 37 2970 A07 ��• CODE COMPARATIVE TABLE Section Ord. No. Adpt. Date Section thin Coda 18 17.7(v) 19 17-7(y) 20 17.8(c) 21,22 1748(iKj) 2970.1 /637 CODE INDEX - ALARM SYSTEMS—Contd. Section Judicial review ..................................... 24.130 ' Penalties .......................................... 24.131 Permission to install alarm systema; standards ............ 24.127 Serviceofnotice..................................... 24.129 ALCOHOLIC BEVERAGES Airport restrictions regarding use, possession, etc.......... 448 Beer brand signs prohibited ........................... 5.3 Children. See hereinbelow; Minors Consumption a possession in public plate, municipal buildings. 54 Dances for minora in connection with business Generally ........................................ 5.7 Permit required ................................... 5.9 Revocation ..................................... 5.9 Dancing Prohibited sales and acts on premises .................. . 5.2.5.6 Disorderliness .....................:................ 2437 at seq. Disorderly persons, conduct and houses. See that title. Hours of business ..................................... 5.10, Intoxication ........................................ 5.3 . Aiipmt regulations ................................ 448 Iowa River regulations ............................... 24.78 et seq. Iowa River. See that title Licenses and permits Application for renewal ............................... 5.34 Applications ...................................... 5.22. Beer permits Classes ........................................ 5.19 Separate permit required for separate locations, etc..... 5.21 ' Bond required ...................................... 5.22 Council action .................................... 5.29 Dancing requirements........... ................... 5.6 jFees ............................................ 5.28 Refunds ........................................ 5.32 Forwarding of documents to state ..................... 5.29 Investigation of applicant ........................... 5.25 Liquor control licensee Classes ........................................ 5.20 Nature and mope .................................. 5.30 Outdoor service areae Application for permission to operate ................ 540 Approval required .. 4 ............................ 5.39 Exemptions ................................ 4.... 542 . Inspection of .................................... 543 ' Regulation of ............................... 4... 541 Suspension or revocation of permission to operate ...... 544 Supp. No. 37 2981 IOWA CITY CODE ALCOHOLIC BEVERAGES—Cont'd. Section Persons eligible................................... 6.23 Premises, requirements for .......................... 6.26 Proofoffinancial responsibility ....................... 5.27 Required......................................... 5.18 Seasonal licenses and permits........................ 6.33 Surrender, refund of fee, etc .......................... 6412 Suspension and revocation Appeal and hearing .............................. 6417 Effect ofrevocation ............................... 5.38 Generally,grounds ............................... 5.35 Specific terms ................................... 5.36 Term, duration.................................... 5413 Transferability an to location ......................... 5.31 Minora Persons under legal age ............................. 6.6 Prohibited sales and acts re.......................... 5.2 Municipal buildings Consumption or possession in ........................ 54 Nuisance previsions m unlawful manufacture or sale of in. toxicating liquor................................. 24-101(2) Open containers Carrying from licensed premises...................... 5-11- Possessing in public places .......................... 5-12 Outdoor service areas................................ 6.39 et seq. Licenses and permits, Seo within this title that subject Persona under legal age ............................... 5.5 Minora. See hereinabove that subject Premises Requirements for .................................. 5.26 Prohibited activities in parks, etc ....................... 251 Parks and recreation. See that title Prohibited sales and acts .............................. 5-2 Unlawful manufacture or sale of intoxicating liquor Nuisancoprovisiona................................ 24.101(2) ALTERED GOODS SALES Goingoutof-business and similar sales .:................ 21.31 of aeq. Coingaut- fbusineaa and similar sales. Sea that title AMENDMENTS TO CODE Generally.......................................... 1.7 AMERICAN TELEPHONE AND TELEGRAPH COMPANY Telephone franchise ....... I......................... 1452 et seq. Franchise. See that title , AMPLIFIERS Nolso regulations for sound-amplifying equipment ......... 24.4.0 Supp. No. 37 2982 CODE INDEX BOILERS AND FURNACES Section - - Mechanical code ..................................... 8.44 at seq. Mechanical code. See that title BONDS Broadband telecommunications franchise, bond requirement 14-05 at seq. Franchises. See that title Cityclerk .......................................... 2.76 Municipal bond financing Duplicate bonds - Issuance; city reimbursed feractual expenses .......... 32,1.101 Substitute fororiginal issue bonds ................... 32.1.102 Inadvertent payment of original bonds; enforcement of in. - I demnity bond ................................. Lost or stolen bonds; claim for payment; proofofownership; 32.1.103 indemnity bond ................................ 32.1.100 Ordinances saved from repeal, other provisions not included herein. Seo the preliminary pages and the adopting ordi. nance of this code BOUNDARIES . Zoning requirements .......................... ....... 36.1 at Beq. Toning. See that title ' BOWIE KNIVES Concealed weapons, carrying ............... I.......... 24.66 Firearms and weapons. See that title BRASS KNUCKLES Concealed weapons, carrying ................... I...... Firearms and weapons. Seo that title 24.66 BREASTS,FEMALE Indecent exposure and conduct ......................... 24.114 BRIDGES Lown River regulations ............................... 24.78 et seq. Iowa River. See that title Parking in specified places prohibited ................... 23.236 at seq. Traffic. Seo that title BRIDLE PATHS Prohibited activities in parks, etc ....................... 26.1 Parks and recreation, See that title i BROADBAND TELECOMMUNICATIONS Franchise .......................................... 14.60 of seq. Franchises. Sea that Lille BRUSH. See: Weeds and Brush Supp, No, 37 2989 -37 I IOWA CITY CODE BUDGET Section .._. Boards and commissions .............................. 2.103 Ordinance saved from repeal, other previsions not included herein. See the preliminary pages and the adopting ordi• nance of this code BUILDING CODE Adopted ........................................... .......................... ... 8.18 ' Amendments....................................... 8.17 Conflicting provisions ................................ 818 - Dangerous buildingeode adoption and amendments........ 831 at seq. j Electrical code Adopted, amendments etc ........................... 8.104 at seq. Electrical code. See that title Fire zones .......................................... 8.19 - Housing regulations ................................. 171 et seq. Housing. See that title Large scale developments ............................. 27.29 at seq. Planning. See that title Mechanical code ..................................... 844 at seq. Mechanical code. See that title Minimum requirements .............................. 818 Plumbing code ...................................... ' Plumbing code. See that title 8.181 at seq. (/1 BUILDING NUMBERING. See: House Numbering ` BUILDING OFFICIAL Amendments to bulldingeodo .......................... 817 BUILDING PERMITS Certificate ofalructuro compliance ...................... 174(b)at seq. Housing. Sea that title House movers' licensee and permits ..................... 8.77 at seq. House movers. See that title , Largo scale developments ............................. 27.29 at seq. Planning. Sea that title New materials, processes, occupancies ................... 12.22 Fire prevention and protection. Sea that title Rental permits ........... I .......................... 174(g) (lousing. See that title I Storm water runoff facililies ........................... 33.84 at coq. Water and sewers. Seo that title Subdivision regulations .............................. 32.1 at seq. Subdivisions. See that title Uniform building code amendments .:................... 817 Water detention facilities, control structures, etc ........... 33.88 Water and sewers. Sea that title Supp. No. 37 2990 I / '37 6 CODEINDEX BUILDINGS (Generally) Section Airports, building construction ......................... 3554 Alarma systema..................................... 24.126 at seq. Alarm systema. See that title Animals tied, staked, tethered, hobbled, etc ............... 7.20(e) Animals and fowl. See that title City plaza, building regulations at ...................... 9.1.1 at seq. City plan. See aim that title Dangerous buildings, abatement of..................... Bal at seq. Dangerous buildings. See that title Existing buildings, electrical codeprevisions .............. 8.107 Electrical rade provisions generally. See: Electrical Code Floodplain management .............................. 11.7 at seq. Floodplain management. See that title Historic preservation................................. 27-81 at seq. Historic preservation. See that title Housemovers....................................... 858 at seq. House movers. See that title Moved buildings, electrical code previsions ............. 8.106 Inspections. Sea also: housing ' Maintenance inspection ............................. - 17.3(b) Owner•occupied dwelling, inspections far................ 17,%b) '-- Structural items, inspections for.....................: 17.3(b) Maintenance of grounds and buildings Board and commission services ....................... 2.102 Manufactured housing Parke .......................... 22.1 at seq. Manufactured housing parka. See that title Municipal buildings Consumption or possession of alcoholic beverages in ...... 54 Nuisance abatement regulations ........................ 24.101 at seq. - Nuisances. Sea that title Prohibited activities in parks, etc ....................... 25.1 Parke and recreation. See that title Sidewalk construction and repair ....................... 31.108 at seq. Streets and sidewalks. Seo that title Tree protection during construction, etc .................. - 34.16 at seq. Forestry. See that title Underground electric service .......................... 33.77 at seq. Electric service (underground). See that title Telephone service (underground). Sao that title Water supply....................................... 33.115 at seq. Water and sewers. See that title Zoning requirements................................. 36.1 of seq. Zoning. See that title BURGLAR ALARMS Alarm systems ...................................... 24.126 at seq. Alarm systems. See that title Supp. No. 37 2991 IOWA CITY CODE BURNING OUTDOORS Park activities prohibited ............................. • '25.1 -' BUSSTANDS Traffic regulations relative to loading and unloading ....... 23.287 at seq. Traffic. See that title - 33.77 of seq. BUSES Public transportation ................................ 30.1 at seq. Public transportation. See that title BUSINESS ESTABLISHMENTS _ Occupational licenses in general ........................ . 21.1 at seq. Licenses and permits. See that title BUSINESS TRUST Person construed re .................................. 1.2 BU7TOCKS Indecent exposure and conduct ......................... 24.114 .... L, 10.16 at seq. CABLE TELEVISION Broadband telecommunications franchise ................ 14.60 at seq. Franchises. See that title CABLES AND CONDUITS Underground electric service .......................... 33.77 of seq. Electric service (underground). See that title Underground telephone service ........................ 33.97 of sec. Telephone service (underground). See that title CAFES, CAFETERIAS, ETC. Restaurant regulation...... I ........................ 13.16 at seq. Restaurants. Seo that title CALLINGS. Occupational licenses in general ........................ 21.1 at seq. Licenses and permits. See that title CAMPAIGN Election campaign finance regulations .................. 10.16 at seq. Elections. See that title CANDIDATES FOR OFFICE - Campaign finance regulations ......................... 10.16 of seq. Elections. Seo that title CANVASSERS Peddlers' regulations ...............:................. 26.1 of seq. Peddlers, canvassers and solicitors, Sea that title Supp. No. 37 2992 CODEINDEX CARNIVALS Section - Group activities in parks .............................. 2548 at seq. Parks and recreation. See that title CASUALTIES .Iowa River regulations ............................... 24-78 at seq. Iowa River. See that title CATS AND DOCS Pel animals ........................................ .. 7.17 et seq. Animals and fowl. See that title CELLAR DOORS Uncovered openings ................................. 31.7 CELLARS AND BASEMENTS Basement window egress; minimum structural standards for dwellings ...................................... 17.56) Cellar windows used for ventilation; minimum struc- tural standards for dwellings .................. 17-5(k) Housing. See that title CEMETERY Animals in .................................. i.... 9.4 Caro and maintenance9.1 ............................. Firearms, discharge of................... ......... 9-7 Hours regulated .................................. 9-5 Injury to plants, etc ............................... 9-9 Monuments, defacing .............................. 9-8 Nonperpetual care ................................. 9.10 Rates and charges for services ..................... 9-3 Regulations ...................................... 9-2 Speed limit of vehicles ............................ 9-8 CESSPOOLS Nuisance abatement regulations ................... 24.101 et seq, Nuisances. See that title CHATTER Personal property defined re ...................... 1-2 CHILDREN. See: Minors CHIMNEYS AND SMOKEPIPES Rental housing, requirements re .................... 17-7(e) Housing. See also that title CIGARS, CIGARETTES AND TOBACCO Sale of cigarette papers in violation of stale laws Nuisance provisions re buildings or places used for 24.101(4) Smoking prohibited in designated areas ............ 21.5 Smoking. See also that title Supp. No. 37 2993 b IOWA CITY CODE�� CIGARS, CIGARETTES AND TOBACCO—Conl'd. Section Smoking regulations at airport ..................... 4-66 Airports and aircraft. See that title CIRCULAR DISTRIBUTION Billposters, billposting and distribution ............. 3-16 et seq. Advertising. See that title CIRCUSES, CARNIVALS, MENAGERIES, ETC, Group activities in parks .......................... 25-45etseq. Parks and recreation. See that title CITY Defined.....:.................................... 1.2 CITY ATTORNEY Appointment, removal, duties ...................... 2.63 Assistant city attorneys ........................... 2-65 Compensation ............. ...... ..:.............. 2-67 Defined ....... Facilities and staff to be provided....................... 1-2 2.66 Legal department................................. 2.5 I Special assistant city attorneys ................... 4 i 2.64 Staff............................................. 2.6I CITY CLERK Appointment and qualifications 2-75 Certification of expenditure instruments ............ 2.75 Clerk of council.................................. 2.79 Custodian of records and seals ..................... 2.77 Defined ........ 1-2 i General duties.................................... 2.76 Official bond, eta................................. 2.75 CITY COUNCIL Administrative code ............................... 2•I80 et seq, Administrative code. See that title Alcoholic beverages, consumption or possession in municipal buildings....................................... 54 I .... _... ..... Clerk of council, duties of city clerk ............. .. .-...._._. 2-79 Compensation..................................... '2.15 Review of, when ................................... 2.6 Districts Established..................................... 2.17 Mayor in general................................. 2-42 et seq. Mayor. See that title Meetings Organizational.................................. Regular 2.20 ............. I.......................... Robert's rules of order to govern ............. . .... 2.21 2-23 Supp, No. 37 ?994 /537 a G CODEINDEX CITY COUNCU.—Cont'd. Rules Section of procedure . , Smoking prohibited at public meetings 2-23 ............ Smoking. See also that title 24.5 Special........................................ Voting rights of mayor .......................... 2.22 2.43 Terms of members ................................ 2-19 CITY FUNDS. See: Finances CITY MANAGER - Administrative code ............................... Administrative code. See that title 2.180 at seq. Appointment..................................... Oath and bond .................................... 2.5.4 Removal......................................... 2.55 2-54 CITY PERSONNEL. See: Officers and Employees CITY PLAZA ' Ambulatory vendors City Plaza on permits ........... . . ................. Defined 9.148(6) ........................................... Permitted uses ................................. 9.1.2 9.1-7(axl) Animal regulations .................................. Arts and crafts sales of handmade articles, etc. 9,1.0 Permitted uses .................................... 9.1.7(a)(9) Audio ambience Defined ................................ :......... Basement extensions 9.1.2 Building front and/or basement extensions, permitted uses 9.1.7(x)(0) Dented .................................... 9.1.2 ..... Bicycle regulations .................................. Building design for permanent and temporary structure; 9.14 City plain use permit provisions ...................... 93.8(d) Building extension Defined .......................................... 8.1.2 Building front and/or basement extensions Permitted uses .................................... 9.1.7(n)(0) Cafes. Sae within this title: Pima Cafes City plaza use permits. See within this title: Use Permits Coasting ........................................... Construetlen costa ........................... 9.1.4 . . Days and hours of operation 9,1.7(j) •,,,,,,, •.,........ Definitions ......................................... 8,1.7(0) Display window extensions 9.1.2 Permitted uses ....... .............. . Events of an educational or entertainment 9.1.7faX5) nature Permitted uses ................. ........... ........ Exemption re use of wheeled vehicles 9,1.7(;1(11) .................... 914 Supp No. 37 2995 - AF3 G IOWA CITY CODE CPPY PLAZA—Contd. Section `- Fees for permits, fees for lanae ofproperty, etc . . ............ 9.1-10 Illumination ........... 9.1-7(h) Insurance and indemnification ......................... 9,1-7(e) Kiosk Defined.......................................... 9.1-2 Permitted uses.................................... 9.1-7(9)(7) Landscaping Defined.......................................... 9.1.2 Permitted uses.................................... 9.1-7(a)(8) Maintenance of area................................. 9.1.7(8) Mall zones Description of..................................... 9.1.3 Permitted uses in, usable area, etc ..................... 9.1-7 Mobile vending cart Defined.......................................... . 9.1.2 Permitted uses.................................... 9.1.7(a)(2) Mobile vendors City plaza use permit provisions ...................... 9,1.8(.) Motor vehicle regulation ............................. 9.15 Newspaper vending machines ......................... 9.1.7(i) Noise control ....................................... , Outdoor cafes 9.1.7(d) Defined...................:............ .......... Performance time limits .............................. 9.1.2 9,1-7(O Permanent and temporary structures City plaza use permit provisions ...................... 9.1.8(d) Permanent construction .............................. 9.1.2 Permits Use permits, See within this title that subject Permitted uses..........................�........... 9.1.7(a). Plan cafes Defined.......................................... 9.1.2 Permitted use..................................... 9.1.7(.)(3) Use permits....................................... 9.1.8(c) Provisions, purpose................................... Public way Defined........................................... 9.1.2 Sales or exhibits by individual artists Permitted uses.................................... 9.1.7(a)(10) Seasonal construction Defined.......................................... 0.1.2 Signs Permanent and temporary structures City plots use permit provisions .................... 9.1-8(d) Skating regulations, exemptions ....................... 9.14 Speech activities Permitted uses.................................... 9.1.7(.X12), (13) Supp. No. 37 2996 I IS37 5 CODEINDEX CITY PLAZA—Cont'd. - Section Stairways to basements Permitteduses .................................... 9.1.7(a)(4) Usable areas ....................................... 9.1.7(b) Use ofcity plaza generally ............................. 9.1.7 Use permits (city plam use permits) Ambulatory vendors ............................... 9.1.8(6) Application procedures ............................. 9.1-9 Fees .................................. :......... 9.1-19 Mobile vendors .................................... 9.1.8(a) Otherevents...................................... 9.1.8(d) ,.. Permanent and temporary structures .................. 9.1.8(d) Plam cafes ....................................... 9.1490 Termination and revocation ......................... 9.1-11 Vending Mobile vending carts for food, Rowers, newspapers, etc. Permitted uses .................:................ 9.1.7(9)(2) Vendors Ambulatory vendors Defined ........................................ 9.1.2 Permitted uaee.................................. 9.14(a)(1) City plum use permits for mobile vendors and ambulatory- ' vendors ...................................... 9.1.8 Definitions ....................................... 9.1-2 Mobilo vending cart ' Defined ........................................ 9.1.2 Wheelchairs, wheeled handicapped assistance devices Exemptions _ ..................................... ........................... 9.1.4 Zones. See within this title: Mall Zones' — —_ CITY SEAL. See: Seal CML RIGHTS Humap rights provialone .............................. 18.1 et seq. CNN SERVICE COMMISSION Established .......... :............................. 2.11 CLERK. See: City Clark 'CLOSING -OUT SALES Going -out -of -business and similar sales ............. 21.31 at seq. • • Going -out -of -business and similar sales. See that titlo CLUBS AND LOUNGES Alcoholic beverage regulations ....................... 6-1 at ecq• Alcoholigboverages. See that title .COASTERS -Use on roadway. See: Traffic Supp. No. 37 2996,1 IS37 5 IOWA CITY CODE CODE OF ORDINANCES- Section Altering or tampering with ........................ 1-6 Amendments..................................... 1-7 Catchlines, titles, headings, notes, etc. Effect......................................... 1-3 Definitions....................................... 1-2 Designated and cited, how ...................:...... 1-1 General penalty........................... .:....... 1-9 Violations. See hereinabove that subject Misdemeanors State law violations declared .................... 1-8 Municipal infractions, procedures and penalties ........... 1.20 at seq. Infractions, municipal. See that title New ordinances, effect .... :............. ' I-? Ordinances saved from repent, other provisions not included herein. See the preliminary pages and, the adopting ordinance of this code Penalties. See hereinbelow: Violations Repeal of ordinances Effect.......................................... 1-6 Ordinances saved from repeal, other provisions tot ! Included herein. See the preliminary pages and the adopting ordinance of this code r'1� Rules of construction .............................. Id Severability of parts of code ....................... 14`�� Violations Effect of repeal re penalties, ek.'................: -6 General penalty................................. 1.9 State law violations declared misdemeanor ........ I=8 COLLISIONS Iowa River regulations ............................ 24.78 at seq. Iowa River. Seo that title Waffle accidents ..................... I............ Traffic. See that title 28.84 at seq,, COMMITTEES. Seo: Boards, Committees and Commie- alone COMMUNICATION SYSTEMS Broadband telecommunications franchise ............ 14.60 at seq. Franchises. See that title •Note—The adoption, amendment, repeal, omissions, effective date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the prallminary pages of this volume. Supp. No. 37 2996.2 /537 CODEINDEX COMMUNICATION SYSTEMS—Cont'd• Section Underground electric service ............ Electric service (underground). See that title 99.77 et seq. Telephone service (underground). See that title COMPENSATIQN Council members ................... -18 Mayor .............. 2- Ordinances 2.46 saved from repeal, other included herein. See the provisions not preliminary Pages and the adopting ordinance of this code COMPLAINTS Human rights provisions .......................... 18.1 at seq. CONCEALED WEAPONS Carrying .......................... Firearms and weapons. See that title 24.66 ' CONCRETE PAVEMENT Excavation requirements .lo ......................... 91-21 et aeq. Excavations. See that ta Supp. No. 97 2996.3 is37 J CODEINDEX DISORDERLY PERSONS, CONDUCT, HOUSES—Cont'd. Seclion Public transportation, regulations and prohibitions ........ 30.5 Sexual or offensive proposals or attentions. etc ............. 2449 , DISTRESSED GOODS SALE Going-out-oLbusiness and similar sales .................. 21.31 at seq. Goingoutof•busineas and similar sales. See that title DISTURBANCES Library, creating disturbances in ....................... 20.3 Library. See that title DITCHES, OBSTRUCTING _ Excavations. See that title Nuisance abatement regulations ....................... 24.101 et seq. Nuisances. See that title DODGERS Billposters, billpostingand distribution ................. 3.16 at seq. Advertising. See that title DOGS AND CATS Pel animals ............ I ........................... 7.17 at seq. . Animals and fowl. See that title DOORS AND WINDOWS Housing. See also that title Maintenance of doors, door hinges, etc.; windows, storm win. dows.etc., in rental housing ........................ 17.7(x) Minimum structural standards for nil dwellings re lockable doors, windows, doorway sixes ...................... 17.5(i) Window coverings in rental housing ..................... 17.6(k) Window requirements re natural ventilation for dwellings..: 17.5(k) DOOR-TO-DOOR SALESMEN Peddlers'regulations..,..t........................... 16.1 el seq. Peddlers, canvassers and solicitors. See that title - DRAINAGE Floodplain management .............................. 11-7 cl seq. Floodplain management. Sea that title Garage floor drains .................................. 8.163 Housing standards re responsibilities of owners ........... 17.7(c), (d) Housing. See nim that title Manufactured housing parks; park requirements for drainage . 22.34(6) Nuisance provisions re overflow water from adjacent lands entering ditches, drninsor watercourses .............. 24.101(W Subdivision regulations .............................. 32.1 et seq. Subdivisions. See that title DRAMATIC ARTS EXHIBITIONS Group activities in parka ... . . . . . ....... . .............. 25.48 et seq. Parks and recreation. Sea that title Supp. No. 37 3001 9 IOWA CITY CODE I DRINKING IN PUBLIC I Section Alcoholic beverages .................................. 54 DRIVEWAYS Curbcuts .......................................... 31-59 et aeq. Streets and sidewalks. See that title DRUGS AND MEDICINES Airport restrictions regarding use, persons under influence, etc...* . .................................... 448 Iowa River regulations ............................... 24.78 at seq. j Iowa River. See that title Nuisance provisions re buildings where narcotic drugs are kept, sold, etc., unlawfully ......................... 24-101(3) DUST AND DEBRIS Excavation regulations ............................... 31.32 . E EASEMENTS. See: Rights-of-way and Easements EATING ESTABLISHMENTS Restaurant regulation ............................... 13-16 at seq. . Restaurants, See that title ELDERLY PERSONS i Public transportation, special fares and free transit services - I for elderly, low-income elderly ...................... 30.8 •�,�' Public transportation, See that title Senior center commission .............................. 25.60 at seq. Senior center commission. See that title ELECTIONS i Campaign finance regulations Limitation an campaign contributions ................: 10.19 Council voting districts ............................... 2.17 City council. See that title Permanent registration ............................... 10.1 Precincts Boundaries described ............................... 10.35 Establishment .................................... 10.34 ELECTRIC SERVICE (Underground) Advances by applicant ................................ 33.81 ! i Applicability ....................................... 33.78 Cooperation by applicant ............................. 33.82 Definitions ......................................... 33.77 i Supp, No, 37 3002 15-37 CODEINDEX j FECES DISPOSAL Section Pet animal prohibition and requirements ................ 7.19 at seq. Animals and fowl. See that title FEDERAL INSURANCE ADMINISTRATION Zoning requirements ................................... 36.1 at seq. Zoning. See that title FEES, CHARGES Other fees and charges. See specific subjects as indexed Schedule of fees and charges authorized by specific provisions 32.140 at seq. Finances, See that title FENCES, WALLS, HEDGES AND ENCLOSURES Animals tied, staked, tethered, hobbled, etc ............... 7.20(e) Animals and fowl. See that title - I Housing standards re maintenance of fences .............. 17.7(w) Housing. See also that title Zoningrequirements ................................ 36.1 at seq. j Zoning. See that title FINANCES Administrative service departments .................... 2•1 at soq. Boards and commissions services ....................... 2.102 Budgets and records of boards and commission............ 2.103 City clerk to certify expenditure instruments ............. 2.78 City clerk. See that title _ Contracts, awarding ................................. 2.205 Contracts and agreements. See also that title Department of finance Created .......................................... 2.123 Director ......................................... 2.124(6) Duties........................................... 2.124 Municipal band financing ............................. 32.1.100 at seq. Municipal bond financing. See; Bonds Opening of bide ..................................... 2.104 Ordinances saved from repeal, other provisions not included herein. Seo the preliminary pages and the adopting ordi• nance of this code Personal property included re .......................... 1•2 Public improvement projects Amortization ofconditional deficiency assessments ....... 2.207 Purchasing. See that title Schedule of fees Garbage and trash provisions (Chapter 15) Fees or charges authorized In ....................... 32,155 Parke and recreation (Chapter 25) Fees or charges authorized in ....................... 32.165 Public transportation Fees and chargee authorized in ..................... 32.1.70 Supp. No. 37 3006.1 IS37 i 9 ' IOWA CITY CODE FINANCES—Cont'd. Section 1 Purpose.......................................... 32.1.40 Traffic provisions (Chapter 23) Feesorcharges authorized in ....................... 32.1.63 Utilities (Chapter 33) Fees and charges authorized in ..................... 32.1.73 Taxation. See that title FINES, FORFEITURES AND PENALTIES Effect ufrepeal ofordinances ........................... 1.5 General penalties................................... 1-9 Violations of code in general. See: Code of Ordinances Ordinances saved from repeal, other provisions not included " herein. See the preliminary pages and the adopting ordi- nance of this code FIREAPPARATUS Fallowing.......................................... 23-133 FIRE DAMAGED GOODS SALE Going-out-opbusiness and similar sales .................. 23.31 et seq. . Going•out-oFbusiness and similar sales. See that title FIRE DEPARTMENT Administrative service departments .................... - 2.1 at soq. Chief of fire inspectors, etc ........... - ... 12.47 Fire chief .....................:.. .......... ... 12.37 FIRE EXTINGUISHERS - Fire extinguishers, early warning fire protection systems, maintenance by owners of rental units ............... 17.7(q) Housing. See that title FIRE HOSE Crossing........................................... 23.134: FIRE HYDRANTS " Mobile home parks, in................................ 2240 ' Opening of hydrants................................. 33.118 Water supply, etc., in general. See: Water and Sewers Parking In specified places prohibited .................... 23.235 et seq. Traffic. See thnt title FIRE MARSHAL Bureau of fire prevention, os head of ..................... 1246 FIRE PREVENTION AND PROTECTION (Miscellany) Airport regulntions.................................. 4.1 et seq. Airports and aircraft. See that title Bureau of fire prevention Established...................................... 12.45 Supp. No. 37 3006.2 ,.�... , 1537 CODEINDEX FIRE PREVENTION AND PROTECTION(Miscellany)—Conl'd. Section ... Firemarshal...................................... 1246 Inspection fees .................................... 1247 Inspectors ........................................ 1247 Reports and recommendations ....................... 1246 Code. See: Fire Prevention Code Contracts far emergency fire protection .................. 12.1 Flammable or combustible liquids in drums or other containers Amendments to fire code re storage and dispensing of ..... 1221(a) Housing. See also that title Exits, fire escapes; standards for dwellings .............. 17.610 Maintenance responsibilities of owners of rental housing 17.7(g) Fire extinguishers; early warning fire protection systems, requirements for rental housing .................. 17.6(c)(d) Supp. No. 37 CODEINDEX GROUNDS AND BUILDINGS, MAINTENANCE Section Boards and commissions services ....................... 2.102 GROUNDWATER ' Storm water runoff facilities ........................... 33.54 at seq. Water and sewers. See that title GUNS Firearms. discharging ................................ 24.64 Firearms and weapons. See that title GUTTERS AND CURBS Excavation requirements ............................. 31.21 at seq. Excavations. See that title Sweeping litter Into gutters ........................... 15.81 H HANDBILL DISTRIBUTION Billposters, blllpoelingand distribution .................. 3.16 el seq. Advertising. See that title HANDICAPPED PERSONS _ Cityplam, ueoofwhmleddevicea,exemptiomfmwhmichalrs, 9.14 Parking spaces, provided .............................. 23-253 Traffic. See that title Public transportation, special fares and free transit services forhandicapped persona ........................... 30-8 Public transportation. See that title HAWKERS Peddlers'regalations................................. 26.1 at seq. Peddlers, canvassers and solicitors. See that title HAZARDOUS SUBSTANCES Cleanuprequired 24-161 .................................... Definitions ......................................... 24.160 Notification ........................................ .24.162 HAZARDS Floodplain management .............................. 11 .7 at seq. Floodplain management. See that title HEALTH AND SANITATION Animal regulations .................................. 7.1 of seq. Animals and fowl. See that title Supp. No, 37 5014.3 B CODEINDEX MANIIPACrUREII HOUSING PARKS—Contd. Section Parking.....................................r... 23.34(g) Potion ........................................... 2234(i) Permanent structures and facilities ................... 2238 Public lighting .................................... 22340) Recreation spacelopen space ......................... 2234(d) Refuse and garbage handling ........................ 2237 Requlrements generally ............................ 2234 Sidewalks ........................................ 22.34(h) Space requirements ................................ 2234(c) Streets, specific requirements for ..................... 2235 Utilities ......................................... 2235 - Purpose ........................................... 22.1 - Tiedowns in rental housing, requirements ................ 173(m) Housing. Seo that title MANURE DISPOSAL Pet animal prohibitions and requirements ................ 7.19 at seq. Animals and fowl. Seo that title MAPS. See: Surveys, Maps and Plats MARITAL STATUS DISCRIMINATION Human rights provisions .............................. r 18-t at seq. i MAY (last Monday of) Computation of time re ............................... 1.2 MAY, SHALL Defined ............................................ 1.2 MAYOR Absence or inability .................................. 242 Administrative code ................................. . 2.180elseq. Administrative code. See that title Chiefcity representative .............................. 246 Compensation ....................................... .2.44 Review a6 when ................................... 2.6 Contracts, purchasing, etc. Powers to ........................................ 2.45 Mayor pro tem ...................................... 2.42 Powers...........................................1 2.46 Voting rights ....................................... 2.43 Council muutings and procedures. See: City Council MEAT AND MEAT PRODUCTS Poison meet exposed to nnimals ........................ 7:1 Animals and fowl. See that title MECHANICAL CODE Adopted ........................................... 8.44 .--. Amendments ..................................... .. X15 Supp. No. 37 3027 `J /537 IOWA CITY CODE MECHANICAL CODE—Cont'd. Section Conflicts in provisions ................................ 847 Minimum requirements .............................. 847 MEDICINES. See: Drugs and Medicines MEETINGS Smoking prohibited in public meetings .................. 24.5 Smoking. See also that title Unlawful assemblies ................................. 24.2 Assemblies. See that title METALLIC KNUCKLES Concealed weapons, carrying ........................... 24.66 Firearms and weapons. See that title MINORITY RELATIONS Human rights provisions .............................. 18.1 et seq. MINORS (Juveniles, children, infants, etc.)' Alcoholic beverage regulations ......................... 5.1 at seq. Alcoholic beverages. See that title Curfew provisions ................................... 24.32 at seq. Curfew. See that title Dance, for minors in connection with business ............ 5.7 at seq. Alcoholic beverages. See also that title Iowa River regulations ............................... 24.78 el seq. Iowa River. See that title MISCELLANEOUS PROVISIONS. See: Offenses and Mine[. laneous Provisions MISDEMEANOR 'Construed ..................................... :... 1.2 MISSILES, BALLS, ETC. Prohibited activities in parks, etc ....................... 25.1 Parks and recreation. See that title Throwingballsinatreete .............................. 3I.3 MOBILE HOMES AND MOBILE HOME PARKS.,$ae: Menu• . . factured Housing Parks MOBILE VENDORS City plus, regulations for ............................. 9.1.1 at seq. City plaza. Sea also that title MOBS Unlawful assemblies ................................ 24.2 Assemblies. See that title I . , MODULAR HOMES. See: Manufactured Housing Parks Supp. No. 37 3028 9 �;; CODEINDEX MONDAY Section Computation of time re .......................... :.... 1.2 MONEY Personal property defined re ........................... 1.2 MONEY OF CITY. See: Finances MONTH, YEAR Defined ............................................ 1.2 MONUMENTS Cemetery monuments, defacing ........................ 9.8 Preservation during excavation ........................ 31.37 MOPEDS • Traffic regulation ................................... 23.1 et seq. Traffic. See that Lille MORALS OFFENSES. Sea: Indecency and Obscenity MOTELS Hotel and motel tax. See that title MOTOR VEHICLES AND OTHER VEHICLES Aircraft fuel handling vehicles ......................... 4.92 �.� Self fueling regulations. See: Airports and Aircraft Billposters, billposting and distribution .................. . 3-16 at seq. Advertising. See that title Bung Public transportation department, responsibility of ...... 2.221 Traffic regulations ............................... 29-291, 29-292 Cemetery regulations ................................ 9.6 Cemetery. See that title City plaza, motor vehicle regulations in .............. :... 9.1.5 City plaza. Sea also that title Horse-drawn vehicles ................................ 35.16 et seq. Vehicles for hire (taxicabs and horse-drawn vehicles). See that title Inoperablelobsolete vehicles, nuisance conditions .......... 24.101 et seq. Nuisances. Sea that title Litter thrown from ................................... 15.82 Noise regulated Motorized vehicles...... ............................ 24.4.7 Vehicle repairs and testing .......................... 24.4.4(c) Nuisance abatement regulations ....................... 24.101 et sort.' Nuisances. See that title Prohibited activities In parka, etc ....................... 25.1 Parka and recreation. Seo that title Public transportation ................................ 30.1 at seq. Public transportation. See that title Supp. No. 37 3029 /S37 IOWA CITY CODE MOTOR VEHICLES AND OTHER VEHICLES—ContA. Section Taxicabs ............................................ Vehicles for hire (taxicabs and horse-drawn vehicles). See 35.16 et seq. that title Trafficregulations................................... 23-1 at seq. Traffic. See that title Transportation of garbage and trash ......... . .......... 15.63 - Garbage and trash. See that title MOTORBOATS Iowa River regulations ............................... 24.78 et seq. Iowa River. See that title MOVING BUILDINGS. See: House Movers . MUFFLERS ON BOATS Iowa River regulations ............................... 24-78 at seq. Iowa River. See that title MULES - Cruelty to animals ................................... 7.2 MULTIPLE DWELLINGS Housingstandards................................... . 17.10 et seq. Housing. See that title MUNICIPAL BONDS - Financingofmunicipalbonds .......................... 32.1.100 at seq. Municipal bond financing. See: Bonds MUNICIPAL INFRACTIONS. See: INFRACTIONS, MUNICIPAL MUNICIPAL LIBRARY. See: Library MUNICIPAL SEAL. See: Seal MUNICIPALITY, See: City MUSICAL EVEN" Group activities in parks ........ . . ................ . . . 2548 at seq. Parka and recreation. See that title ;Ii Supp. No, 37 3030 9 CODE INDEX ' NUISANCES—Cont'd. Section . - Nuisance condition ................................ 24.10413) Removal; interference prohibited ..................... 24.104 .: ,'...:_. Penalties .................:. 2105 Pet animals ........................................ 7-19 - Tree and forestry regulations .......................... 3416 at seq. . Forestry. See that title Weed control provisions Weeds and brush. See that title - NUMBER '-. ... Word usage for interpreting code ....................... 1.2 NUMBERING OF BUILDINGS. See: House Numbering 0 OATH, AFFIRMATION, SWEAR OR SWORN ... City clerk ........................ :................. 2.75 Defined ............................................. 1.2 OBLIGATIONS OF CITY - .Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi. nance of this code OBSCENITY. Sec: Indecency and Obscenity OBSOLETE VEHICLES Inoperablelobsclete vehicles ........................... 24-301 et seq. Nuisances. See that title OCCUPATIONS Occupational licenses in general ...................:.... 211 et seq. Licenses and permits. Sea that title OFFENSES AND MISCELLANEOUS PROVISIONS Generally .................... 0........ 0............ 24.1 at. seq. Specific penalties, remedies, regulations, els. Sea specific .. subjects Misdemeanor, construed ....................... 0...... 1.2 Municipal infractions Procedures and penalties, Sao: Infractions, Municipal Ordinances saved from repeal, other provisions not Included herein. Seo the preliminary pages and the adoptingordl- oance of this code State law violations declared misdemeanor ............... 1.8 Code violations in general. Sea; Code of Ordinances OFFICERS AND EMPLOYEES Administrative code ................................. 2.180 at seq. Administrative code, Seo that title Supp. No. 37 3032.1 4• `'•e hs ': I i 10 , IOWA CITY CODE OFFICERS AND EMPLOYEES—Cont'd. Section Alcoholic beverages Consumption or possession in public places, municipal buildings ..................................... 64 Boards,committees and commission .................... 2.100 ! Boards, committees and commissions. See that title City attorney. See that title ............................ 2.63 at seq. City attorney. Sea that title Cityclerk .......................................... 2.76 at seq. City clerk. See that title Citycouncil ........................................ 2.17 at seq. City council. See that title Citymanager ....................................... City manager. See that title - Civil service commission .............................. 2.111 Code references to specific officials, boards, commissions, etc. Rules of construction for interpreting code .............. 1.2 Compensation, salaries, etc. Councilmen ...................................... 2.18 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Other matters relative to compensation of particular per. sone. See specific officers, boards, departments, etc. I Delegation of authority, construed ...................... 1.2 Departments in general .............................. 21 at seq. Departments. See that title Director or parka and recreation ........................ 26.34 Parke and recreation. Sae that title Director of public transportation ....................... 2.223 Public transportation department. Sea that title Elections ........................................... lad at seq. Elections. See that title Electrical inspector .................................. 8.125 Fire chief .......................................... 12.37 Fire department. See that title Fire marshal ....................................... 1246 Forester ........................................... 3416 at seq. Forestry. See e Housing inspector title .............................. 17.3 at seq. Housing. Sea that title Human rights provisions ................... *........... 181 at seq. Impersonating an officer .............................. 24.3 Joint authority Construed ........................................ 1.2 Mayor ............................................. 242 at seq. i Mayor. Seo that title Noise control officer, powers and duties of ................ 24.410 Supp. No. 37 3032.2 J •. {•� � J. B CODEINDEX PUBLIC ENTERTAINMENTS Section Croup activities in perks ............................... 25-48 et seq. Parks and recreation. See that title Use permits for use of public ways ........................ 31-134 et seq. PUBLIC HEALTH. See: Health and Sanitation PUBLIC IMPROVEMENTS Public works and improvements. See that title PUBLIC LIBRARY. See: Library i PUBLIC NUISANCE. See: Nuisances PUBLIC PLACES Alcoholic beverages in Consumption, etc. 54 Open containers,possessing ........................... 5.12 Smoking prohibited in ................................. 24.5 Smoking. See also that title j Urination or defecation in ................ 6 ........ 6 .... 24•I141c1 PUBLIC RECORDS Boards and commissions ............................... 2.103 City clerk uscuslodion................................. 2.77 City clerk. See that title PUBLIC SAFETY .•` Boards and commissions services ........................ 2.102 PUBLIC TRANSPORTATION Assignment ofservices ................................. 30.3 Definitions.............. ............................ Elderly, low-income elderly Special fares and free transitservices for ................. 30.8 Fees and chargee authorized in .......................... 32.1.70 Schedule of fees. See: Finances Handicapped persons Special foresand free transit services for ................. 30.8 j Prohibitions ......................:.................. 30.5 Public transportation department Assignment of services ............................... '30.3 Director Appointment ..................................... 30.2 Established ........................... 6............ 30.1 i Public transportation department facilities, equipment and operators Agreements for use or ................................ 309 Charges for use ..................................... 30.10 Regulations ......................................... 304 Supp. No. 37 3042.1 1 /S37 IOWA CITY CODE PUBLIC TRANSPORTATION—Confd. Section -- Service, rates and charges '- _ Agreement for use of public transportation department facil. ities, equipment and operators ..................... 30.9 Charges for use of public transportation department facili- ties, equipment and/or operators .................... 30.10 _ Elderly, low -Income elderly .. I.. Special fares and free transitservice for ................ 30.8 ..:.-. Fares and rates for .................................. 30.7 . . Handicapped persons Special farm and Gee transit service for ................ 30.8 " Service provided ................ .. .....: ......... 30.6 - Special fares and free transit service for elderly, low-income elderly and handicapped person .................. • 30.8 ' PUBLIC UTILITIES. See: Utilities - PUBLIC. WORKS AND IMPROVEMENTS - Boards and commissions services ............:...:....... 2.102 Conditional deficiency assessments on public improvement projects Amortimtionof........... 6 ......................... 2.207 Large scala developments .............................. 27.29 at seq. - Ordinances saved from repeal, other provisions not Included herein. Sec the preliminary pages and the adapting ordi• ounce of this code (. Planning .... 6 ....................................... 27.1 et seq. Planning. See that title Subdivision regulations ................................ 32.1 at seq. Subdivisions. See that title PUBLIC WORKS DEPARTMENT Administrntivoservica departments ...................... 2.1 at seq. Assignmentoffunclions................................ 2.168 Director ..................... 6...................... 2.167 . . Divisions ................ 6............................ 2.166 PUMPING PLANTS Pumping plants not piovided with a fishway or screen . .: .. Nuisance provisions ................................. 24.101061 PURCHASING Boards and commissions services ........................ 2.102 Financial procedures ................. 6................ 2.204 at seq. I Contracts and agreements. See that title _ Finances. See that title .` Mayor. powers .......... 6 ............................ 246 '- Ordinances saved from repeal, other provisions not Included --' - herein. Sea the preliminary pages and the adopting ordi. nonce of this coda Supp. No. 37 3042.2 ' ' /5037 . I CODEINDEX _- SHEEP Section Livestock running at large ......................... 7-4 Animals in general. See: Animals and Fowl SHELTER, HOUSE OR BUILDING Prohibited activities in parks, ate ................... 26.1 Parks and recreation. See that tithe . SHELTER OR POUND Created........................................... 7-22 Animals and fowl. Sea that title SHIPPING - Iowa River regulations ............................. 24-78 at seq. Iowa River. See that title SHOOTING Firearms, discharging .............................. '. 24.64 Firearms and wespbrs. See that title SHOTGUNS Firearms, discharging ... I .......................... 24.64 Firearms and weapons. See that title SHRUBBERY. See: Trees and Shrubbery. See also; Forestry SIDEWALK CAFE City plaza, sidewalk cafe regulated in .................... 9.1.7(u)(3) City plaza. Seo that title _ SIDEWALKS. Seo: Streets and Sidewalks SIGNATURES Written, in writing, otc.,construed ro ..... . . . ............ 1-2 SIGNS AND BILLBOARDS Animal lied, staked,tethered, hobbled, etc ................ 7.20(e) Animals and fowl. Seo that title Billposters, billposting and distribution .................. 316 at seq. Advertising. Sea that title City plaza, permanent and temporary structures at Sign regulations ..................................... 9.148(d) City plaza. Sao also that title Parks and playgrounds Touring down or destroying signs ..................... 26.1(4) Right-ofway, sign permits ............................. 31146 at seq. Streets and sidewalks. Sea that title Zoning requirements ...................... I.......... 39.1 at seq. Zoning. Sue that title SKATING City plum; conaling, sliding, use of rollor skates, sknteboards, exemption ...................................... 9.1.4 Supp. No. 37 3047 IOWA CITY CODE SKATING—Conl'd. Section . ,_ Iowa River regulations ............................... 24-78 at seq. Town River. See that title use of roller skates on roadway. Seo: Traffic SLINGSHOTS Discharging ........................................24.86 Firearms and weapons. See that title SLUM DISTRICTS .. Urban renewal, generally ........................ • .... 8.1 at seq. SMOKING Airport restrictions .................................. 4.65 at seq. Airports and aircraft. See that title Sale of cigarette papers in violation of state laws Nuisance provisions re buildings or places used for ....... 24.101(4) Smoking prohibited in designated areae Certain area where smoking prohibited ............... 24-5(c) - Definitions ....................................... 24.5(b) Designation of smoking area .......................... 24.60) "No smoking" areas posted .......................... 24-6(e) Public meetings and public places (municipal buildings, bus, restaurants, retail stares, public conveyances, etc) ..Defined ........................................ 24-5(b) Supp. No. 37 3048 1537 9 CODEINDEX STREETS AND SIDEWALKS—Cont'd Street Defined .......................................... Subdivision regulations .............................. Subdivisions. See that title Surface materials Prohibited In the area between the traveled or paved area of the street righWf-way and the abutting private prop. erty line ...................................... Tree and forestry regulations .......................... Forestry. See that title Trees and shrubbery. See also that title Tying, staking, tethering animals ...................... Animals and fowl. See that title Uncovered openings ................................. Underground electric service .......................... Electric service (underground). See that title Urination or defecation in or upon anystreet, alley, etc...... Use permits Appeals .............................. I.........-.. Applications Contents, accompanying documents ................. Generally ...................................... Council review .................................... Crantordenial.................................... �.- Insurance and bond requirements ..................... Issuance for commercial uses prohibited ................ Required ......................................... Revocation ....................................... Standards for issuance .............................. Terme and conditions ............................... Zoning requirements ................................. Zoning. See that title SUBDIVISIONS Building permits Issuance restricted ................................. City's right to Install improvements ..................... Definitions ......................................... Establishment of controls ............................. Excavation requirements ............................. Excavations. See that title Exceptions.........I ............................... Floodplain management .............................. Floodplain management, Seo that title • Improvements Right of city to install, when ......................... Inspections ......................................... Supp. No, 37 3053 Section 1.2 32.1 etseq. 31.10 34.16 at seq. 7@0(e) 31.7 33-77 at seq. 24.114(c) 31.143 31-137 31.136 31.142 31.139 31.141 31.135 31.134 31.144 31.136 31.140 36-1 at seq. 32.6 32.6 32.2 324 31.21 et seq. 32.7 11.7 at seq. 32.6 32.61 /S37 B IOWA CITY CODE. SUBDIVISIONS—Confd. Sections Large scale developments ............................. 27.29 et seq. Planning. See that title Lots, selling before approval Penally; remedies ................................. 32.8 Markers ........................................... 32.59 Mobile homes, etc .................................... 22-1 at seq. Mobile homes and mobile home parka. See that title Modifications of requirements ......................... 32.7(a) Off-site costs for out -of -sequence development ............. 32-62 Pavement width requirements Reduction of ...................................... 32.7(b) Plats Final plats Accompanying documents ......................... 3240 Fees ........................................... 3241 Review, approval, rejection ........................ 3242 Specifications ................................... 32.39 Preliminary plate Accompanying information ........................ 32.27 Fees ........................................... 32.28 Review, approval. rejection ........................ 32.29 Effect of approval .............................. 32.30 Submission required; waiver ....................... 32.26 Purpose........................................... 32.3 Sewer installations in general ......................... 3255,33.16etmq. Water and sewers. Seo that title Short title .......................................... 32.1 Sidewalks .......................................... 32.58 Sidewalks in general. See; Streets and sidewalks Skating or coasting,etc ............................... 31.2 Specifications, typo of construction, etc ................... 32.60 Standards and specifications ............................ 32.54 at seq. Storm water ........................................ 3354 et seq. Water and sewers. See that title Streets Standards and specifications ......................... 32.54 Underground electric service .......................... 33.77 of seq. Electric service (underground). Sea that title Underground telephone service ........................ 33.97 of seq. Telephone service (underground). See that title Unusual plate ...................................... 32.7(c) Variances, etc. Council action .................................... 32.7(d) Water installations .................................. 32.57 Zoning requirements ................................. 36.1 cl seq. Zoning. See that title Supp. No. 37 3054 Ct i rq r 153 7 , CODEINDEX SUNDAY AND MONDAY Computation of time, holidays, etc Section ' ....................... SURETIES 1.2 City clerk .......... ............... SURVEYS, MAPS AND PLATS q.7g Airport overlay zoning map........ j Zoning. ....... ............. I, Sea: Airports and AirtrnR 4.74 Firezones.......... Franchise maps for various utililies. Sec: Franchisee 8d9 Grades ofsidowalks, streets, etc. See; Streets and Sidewalks Monuments, preservation during excavation .............. 31.37 1 Ordinances saved from repeal, other provisions not Included herein. See the preliminary pages and the adapting uded nonce nflhis tole Plan commission duties ......... j Plan commission. See that title ..'.... 27.17 Precinct boundaries described . - Elections. See that title ................ "" • • • • 10.35 I, Resources conservation commission ......... ..... Resources conservation commission. Sec that line Subdivision regulations 27'72 at seq. �'.. Subdivisions. Be, that title •"'•"""' g 32.1 et meq. Zoning requirements .............. ........ Zoning. See that title """""' 38.1 at seq. SWEAR OR SWORN. Sea: Oath. Affirmation, Swear or Sworn SWIMMING i Iowa ]liver regulations ............................... Iowa River. See that title 24.78 et seq. SWINE Livestock running at large................ Animals in general. See: Animals and Fowl 7 T TAXATION Hotel and motel tax .................. . . Hotel and motel toz. See that title "" 32,1.21, 32.1.22 j Ordinances saved from repeal, other provisions not included herein. Sao thoreliminar P Y pages and the adapting ordi• '. manta of this code Property tax Partial exemption for Industrial properly , ..... , Industrial properly. Be. that title , , "".. 32.1-31 at seq, _ TAXATION AND REVENUES Municipal bond financing.......... I................. I - Municipal bond financing. Seo: Bands 32.1•1000tseq. j .. Schedule or fees..................................... Finances. Seo that title 32.140 et seq. ' Supp, No. 37 30540 t`'' ' !"7 IOWA CITY CODE TAXICAB STANDS -..,..- Traffic regulations relative to loadingand unloading g • • • • ... Section 23.287 at seq. Traffic. See that title TAXICABS. See: Vehicles For Hire -Taxicabs TELECOMMUNICATIONS Broadband telecommunications franchise ................ 14£0 at seq. Franchises. See that title TELEPHONE COMPANIES Franchises ......................................... 14.62 at seq. Franchises. See that title TELEPHONE SERVICE (Underground; Applicability ....................................... 33.98 Connection to existing systems ......................... 33101 ' Cooperation by applicant ............................. 33102 Definitions ......................................... 33.97 Right"r-way, and ammonia .......................... 33.99 - Special conditions .................................•. Subdivision installations ............................. 33.103 33.100 TELEVISION Broadband telecommunications franchise ................ 1460 at seq. Franchises. See that title TENSE Words used for interpreting code ........................ 1.2 THANKSGIVING DAY Computation of time re ............................... 1.2 THEATRICALS Group activities in parka .............................. 26.48 at seq. Parke and recreation. Sea that title THINGS IN ACTION Personal property defined re ......... . . . ............... 1.2 THREATS OR VIOLENCE Disorderliness ...................................... 24.27 at sail, Disorderly persons, conduct and houses. See that title THROWING OBACTS OR MISSILES Prohibited activities in parka, etc ....................... 26.1 Parke and recreation. See that title TIME Computation of lima construed ............... . . . ....... 1.2 j TOBACCO Smoking restrictions ............... .................. 24.6 � Supp. No. 37 3054.2 1 t , 1537 X537 , CODEINDEX WATER CLOSETS Section Housing regulations................................. 17-1 at seq. Housing. See that title WATERCOURSES Nuisance provisions re offensive or disagreeable substances thrown into ponds or pools of water .................. 24.101(10) Nuisance provisions re overflow water from adincent lends entering....................................... 24.101(8) WATERCRAFT Iowa River regulations ............................... Iowa River. See that title 24.78 at seq, Zoning requirements regarding special vehicle and wmercmit parking and storage .............................. 3858(g) WATERWAYS Nuisance abatement regulations ....................... Nuisances. Sao that title 24.101 etseq. WEAPONS. See: Firearms and Weapons WEEDS AND BRUSH Weed control City manager !—' Weed oMelal, See within this subtitle that subject Definitions....................................... Emergency control measures 34-70 .....:.................. Enforcement of provisions 34.78 Weed official. See within this subtitle that subject Natural areae Designated..................................... 34-74. Natural or conservation areas ...................... Newly developed areas 34.74(6) ............................ Publfcwaya..................................... 34.74(d) Nuisances 34.74 ........................................ Short title 34.73 ........................................ Violations, notice of 33.89 ................................. Weed official 34.78 City manager, etc„ designated as................... 34.71 Enforcement of provisions generally ................. 34.71 Enforcement period; notice of violation ............... 34.76 Interference with ................................ Violation, notice of 34-72 ............................... 34.76 WELLS Private wells ........................ ........, Water systems In general. See: Water and Sewers 33.128 {VINE AND BEER Alcoholic beverage regulations ......................... 6.1 at seq. Alcoholic beverages. Seo that title -�� Drinking In public................................. 24.81 Supp. No. 37 3077 X537 , ■ IOWA CITY CODE Section WIRING Electricity (generally). See that title WORDS AND PHRASES General definitions for interpreting code ................. 1.2 WRECKS Mayor as chief city representative .... ................. ............. . 246 TrnMc accidents .................................... 2348 at seq. Traffic. See that title WRITS, WARRANTS AND OTHER PROCESSES Computation of time re .............................:. 1-2 Human rights complaint procedures .............1...... 18.1 at seq. Human rights. See that title - WRITTEN, IN WRITING Defined ............................................ 1.2 Y YARD WASTES Disposal ........................................... 15.150 Garbage and trash. Seo that title YARDS AND OPEN SPACES Housing standards to light and ventilation ............... Housing. See also that title 17.8 . " Zoning requirements ......................... :....... 36.1 at seq. Zoning. See that title YEAR, MONTH " Defined ............................................ 1.2 L.. ZONING Aocerory ur and bulidingregtllatiow _. 3"7 Permitted eoeenory urs end bulldiap 88118 Additional regllletlons .___,,,____„_„,•__ �" Bull at r9. Advertising Signs. See within this title that subject Airport using................................................................... 4.71 at seq. Airports and aircraft. See that title Airports, heliports snd helletop Additional regulations, uss end requimm rds 38.86 Alteration, structural Nonconformitir..................... ....... _.._............. __. 88.78 Supp. No. 37 3078 IS37 r c. t 9 CODEINDEX ZONING—Cont'd. Section Office zones C0.1—Commercial office zone. Seo within this title that subject ORP—Office and research park zone. See within this Lille that subject OFP—Flwdplain overlay zone Established ...................................... 36.31(8) Flood hazard overlay zones. See within this title that subject Requirements..................................... 36.33(b) Uses permitted.................................... 36.33(a) OF1V—Floodway overlay zone Established ...................................... 36.31(8) Flood hazard overlay zones. See within this title that subject Requirements..................................... 36.34(d) Uses and structures prohibited ................... 06-34(c) Urea permitted................................... 36,74(a) Uses permitted by special exception ................... 36-34(b) OHP—Histaric pra,rvn!ion overlay zone ' Description l.........................• 36.53(b) Procedures far designation of zones .................. 36.54 Purpose.......................................... 36-53(a) ��. OPD•H•Planned development housing overlay zono Generally........................................ Regulations...................................... 3647 Open storage, performance requirements 36.48 . . .............. ORC—River corridor overlay zone 36.76 Boundaries....................................... Definitions 36.g4(e) ....................................... Establishment.................................... 3644 45 ........................................ Finding..................................................... 36-04(d) General requirements .............................. 3644(x) 3646(b) Intent .................................... Permitteded useueca 3644(c) ............ ........................ Purpose 36-06(0) neem ement ...... ........................ Site plan requirements 3644@1 sass ....................... .. Special Provisions 3646(c) ......... ........................ Ornamental feature., permitted obstructions in 3646(d) yard......, ORP—Office and research park was 36.68 Dimensional requirements ...................... Floor area ratio, maximum building bulk 36.25(.) ............... General Previsions 36 ............. I................. Height, maximum building bulk 36.25(p) ...................... Intent 36.25(.) .......................... • Lotnrea, dimensional requirements ................... 36.25(a) 36.25(c) Lot coverage, maximum building bulk,,,,,,,, ,,,,,,•„ necessary uses and buildings,,,,,,,, 36-25(c)Permitted 3666 Supp, No. 37 3087 c. t 9 IOWA CITY CODE ZONING—ConVd *Section Permitted uses .................................... 3635(b) Provisional uses ................................... 36-25(c) Special exceptions ....................... I......... 36-25(d) Special provisions ................................. 36-25(e) Yards, dim4mional requirements ..................... 36-25(e) Overlay zones Historic preservation overlay zone .................... 3653 at seq. Planned development homing overlay (OPD-H)wne ...... 3647 - River corridor overlay (ORC) zone ..................... 3644 at seq. P—Public zone Dimensional requirements .......................... 3630(e) General provisions ................................. 36-30(0 Intent ........................................... SUD(a) Permitted uses .................................... 3630(b) Provisional uses ................................... 36-30(c) Special exceptions ................................. 3630(d) Special provisions .................................. 3630(g) Parking and storage Off-street parking requirements ...................... 3658 Performance requirements for special vehicle and water• craft puking and storage ........................ 385S(g) Particulate matter Performance requirements ..................... 36-76 Performance requirements Generally ........................................ 3676 Glare ........... 1. . I............................. 36-76 Odor ................................. I I ......... 36-76 Particulate matter, requirements ........... I ......... 36-76 Requirements ..................................... 3676 Screening .............................. I......... 36-76 Sewoge wastes ........................... I........ 36-76 Smoke, requirements ............................... 36-76 Storage .................................. I....... 36-76 Toxic matte ...................................... 38-76 Vibration ........................................ 36.76 Permits Fears permits ..................................... 36-65(d) Signs. See within this title that subject Permitted uses Zones, permitted uses for. See within this title various zones as indexed Pet animals, requirements ............................ 7.20 Supp. No. 37 3088 IS -37 I I . , CODS MD6Z ZONING—Cont'd. Section Locational requirements ............................. action Maintenance ..................................... .36838) Nonconforming signs ..........................:.... 3M3(h) Permits Applications for ................................. 3884(e) . Expiration ...................................... 3644W Fees ........................................... 3684(1) Illuminated signs ................................ 3684(d) Issuance ....................................... 3684M Required ....................................... 3884(6) i Permitted signs Allzones ................................... 3682(a) .... Specific zones ................................... 3882(1) Prohibited signs .................................... 3882(6) Removal ....................... •• ... 38830 Residential zones, signs adjacent to .................... 3683(1) Special provisions ..........................:...... 98.83(1) Yards, permitted obstructions in ...................... 3668 SingWomily dwellings Nonconformitles.................................. .9678 Single-family zones /-- RSZ—Low density singla•family zones. See within this title that subject j RS-8—Medium density single-family residential zones. See within this title that subject RS12—High density singlofamily residential man. Seo within this title that subject Smoke Performances requirements ...... 36.76 Special exceptions .................. • ........ ...... 36.36 Zones, special exceptions for. See within this title various i zones as Indexed Special provisions ! Zones, special provisions for. See within this title various zones as Indexed Stables, additional regulations ......................... 98.66(n) Stairways, unenclosed Permitted obstructions in yard ...............•,,,,.,• 36.68 Storage, performance requirements ..................... 36.76 Structures Nonconformingstructures ........................... 38.81 Subdivision regulations ...... 1.... I .................. 32.1 at seq. Subdivisions. Seo that title Swimming pools Permitted obstructions in yard ................ I...... 36.88 Telephones Permitted obstructions in yard ....................... 36.68 Supp. No. 37 3093 i 6 IOWA CITY CODE ZONING-0ont'd. Section Toxic matter, performance requirements ................. 38.76 Tres regulations General applicability ..............................• 36.72(6) — General provisions ................................. 36.72(g) .Installation ...................................... 9.8.72(d) . '. .; ... Maintenance ..................................... 36.72(0 Plentingsizes 36.72(s) ..................................... Purpoce 36.72(a) .......................................... Recommended species of trees ........................ 3672(c) Site plan .............. . .......................... 36.72(b) Trees; adjacent to and withinatreet rightof••way .......... 3673(e) Trees and private property for parking areas........... 36-73(6) ' Trans on private property for residential uses.......... 36.73(c) .. ., _. . Townhouses,additional regulations ..................... 9866 Use requirements, additional regulations ................. 3656 Uses Nonconformities, nonconforming uses ................. 36-80 Uses and requirements, principal ....................... 365 et seq. Vehicles Spmdel vehicle and watorcrolt parkin:; and storage; per. . formance requirements ......................... 3656(g) - Vibration, performance requirements ................... . 3&76 Violations .................... 36-89 Watercraft parking and storage Performance requirements .......................... 3668(8) Windows Permitted obstructions in yard ........... . ........... 36.68 Yards Dimensional requirements .......................... 38.87 'Dimensional requirements for yards and zones. See within this title various zones as; indexed " Permitted obstruction in yards ....................... 36.68 -- Zones ,. Rules of construction for boundaries of zones............ 36-87 Specific zones. Sea within this title specific named zonae as - - Indexed Supp, No. 37 3094 �a . ...:. 107 9 3�) RESOLUTION NO. 88-215 RESOLUTION ACCEPTING THE SANITARY SEWER AND PAVING IMPROVEMENTS FOR WASHINGTON PARK ADDITION, PART 10 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer improvements that include 888 feet of 8 -inch diameter VCP, and three manholes for Washington Park Addition - Part 10, plus 10 additional feet of 8 -inch diameter VCP and a manhole extended into the property north of this subdivision, as constructed by Weber Brothers Construction Co. of Mechanicsville, Iowa. Portland cement concrete paving of 128.5 feet of Green Mountain Drive, 28 feet wide in conjunction with Washington Park Addition - Part 10, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Ambrisco and seconded by Florowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BALMER X COURTNEY X HOROWITZ X LARSON X McDONALD Passed and approved this 18th day of October, 1988. MgAY AP R 111* AS 0 FORM ATTEST: //Iiy:� �) Yo .7 � -/ �O//3/tSBr CITY CLERK Legal Department 9 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT October 12, 1988 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer improvements that include 888 feet of 8 inch diameter VCP, and three manholes for Washington I Park Addition - Part 10, plus 10 additional feet of 8 inch diameter VCP and a manhole extended into the property north of this subdivision, as constructed by Weber Brothers Construction Co. of Mechanicsville, Iowa. Portland cement concrete paving of 128.5 feet of Green Mountain Drive, 28 feet wide in conjunction with Washington Park Addition - Part 10, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above -referenced improvements be accepted by the City of Iowa City. R ectfu11 su muted, 7� �1 Frank K. Farmer, P.E. City Engineer N G R O 'U P October 13, 1988 Mayor John McDonald and City Councilmembers City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Councilmembers: At their regularly scheduled meeting held October 13, 1988, the Board of Directors of the Iowa City Area Development Group unanimously approved the attached statement of support to the Press -Citizen expansion. We strongly endorse the decision of the Press -Citizen and Gannett to invest in our community and encourage positive support of their plans. , cc!. Tom Scott, Chairman, Planning and Zoning Commission Vs. Mary Stier, Publisher, Iowa City Press -Citizen I F °11, E0 Orr' 13 192q IOWA CITY AREA DEVELOPMENT GROUP, INC. 325 E. Washington, Suits 100, P.O. Boz 2567, lows City, IA 52244 319/354-3939 1539 October 13, 1988 Iowa City is a place where the quality of life is something everyone brags about. Those who live here know what accounts for that quality: the diversity of people and of local businesses, the University, the opportunity for exposure to cultural and sports activities, the natural environment. But one thing that seldom appears in such a list of assets is our local newspaper. It should, for a local newspaper enhances the quality of life in a community. The Iowa City Press -Citizen recently made a major commitment to the future in this community. The announcement of the newspaper's intention to build a new plant in Iowa City and bring its operations into today's technological age should be applauded and the Iowa City Area Development Group, Inc., will be glad to lead the applause. Iowa City area residents have access to an assortment of national newspapers, a statewide newspaper with a national reputation, one which provides us with excellent coverage of Eastern Iowa events and a consistently highly -ranked college newspaper. But we still need the Press -Citizen. A city's local newspaper plays a role that can be played by no other. It is the local newspaper that provides coverage of local affairs, of actions of governmental entities, of the university and the city's schools, of business and industry, of local culture and history, of church and civic events, of children and senior citizens, of sports. Its success may well depend on how well it does these things and on the satisfaction and good will it provides its readers. Those of us involved in economic development know that when companies investigate new locations they look beyond labor costs, transportation access, incentives or utility costs to the intangibles -- community spirit, the people, the quality of life. Our local newspaper contributes to that sense of community. Beyond that contribution, however, there is a more tangible contribution. The Iowa City Press -Citizen serves as one of our major existing industries employing 82 full and 40 part-time employees and contracting with 290 carriers and drivers to deliver the newspaper. Its annual payroll is $2 million. Community citizenship is also shown by the parent corporation the Gannett Foundation which has invested more than $430,000 in grants to over 90 local community organizations and agencies in the past decade. And they have provided matching funds for contributions made by Gannett employees totaling $170,000. The action taken by the Iowa City Press -Citizen to build anew demonstrates its desire to continue serving this community. It demonstrates commitment to Iowa City by the Gannett organization. And it demonstrates a recognition of the vitality of our community and faith in its future. The Iowa City Area Development Group supports the Press - Citizen's expansion plans. `I I i i agencies in the past decade. And they have provided matching funds for contributions made by Gannett employees totaling $170,000. The action taken by the Iowa City Press -Citizen to build anew demonstrates its desire to continue serving this community. It demonstrates commitment to Iowa City by the Gannett organization. And it demonstrates a recognition of the vitality of our community and faith in its future. The Iowa City Area Development Group supports the Press - Citizen's expansion plans. CITY OF IOWA CITY CMC CENTER 410 E. WASHNGTON ST. IOWA CITY. IOWA 52240 (319) 356-5000 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Housing Inspector -in Training We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Housing Inspector -in Training - Housing_&, Inspection Services Sharon Schluttenhofer - Hired: 9/6/88 IOWA C Mi Dick Buxton Norwood C. Louis ATTEST: Marian Karr, City Clerk CITY OF IOWA CITY CMC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319)356-500C) TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Maintenance Worker III We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Maintenance Worker III - Streets Thomas Wagner - Hired: 8/29/88 ATTEST: Marian Karr, City Clerk I IOWA CIJY CjV114 SERVICE COMMISSION Michael W. Kennbdy, Cha Dick Buxton Norwood C. Louis CITY OF CIVIC CENTER 410 E. WASHNGTON ST Date 9/1/88 OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Account Clerk We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Account Clerk - Accounting Marcia Ceaser - Hired: 9/1/88 IOWA CITY CIVIL SERVICE OMMISSION Michael W. Kennedy, air Dick Buxton Horwood C. Louis ATTEST: 24b a.oi � �J Marian Karr, City Clerk 4744 i Lp °" Jt CITY OF IOWA CITY CNIC CEN(ER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 Date 9/2]/an TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Maintenance Worker III We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order their standing as ienition ofMieaWorker III -to EntryClerk/Equipmt Linda Bell - Hired: 9/21/88 IOWA CITY C VIL SERVICE COMMISSION chael W. Kennedy, Ch r Dick Buxton Norwood C. Louis ATTEST: Marian Karr, City Clerk r /�3 CITY OF IOWA CITY CNIC CENTER 410 E. WASHNGTON ST. IOWA CIN, IOWA 52240 (319) 356-5000 Date 9/24/RR TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Data Prnracging Manager We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Data Pro Finance / Data Processing Mary Suchomel - Hired: 8/24/88 ATTEST: /%1�N+x) e 2�m Marian Karr, City Clerk IOWA CITY CIVIL SERVICE COMMISSION Michael 4W.Kenn&4edy, Dick Buxton Norwood C. Louis I CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500C) Date 8/20/88 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Cashier We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of rachiar - Finanra Scott Miller - Hired: 8/20/88 IOW�AA CITTY CIVIL SERVICE COMMISSION Michael W. Kennedy,Chilir i Dick Buxton Norwood C. Louis ATTEST: 242a4aa-) ZYad.) Marian Karr, City Clerk ,L �7 L� THE `/ V L•�/J�Ij -1�/ l�l.W I Ig INN AND SUPPER CLUB October 17, 1988 2.525 NORTH DODGE IOWA CITY. IOWA 522¢0 .319.3.54-2000 Mayor John McDonald Civic Center 410 East Washington Street Iowa City, Iowa 52240 Dear Mayor: Earlier I had written the Council to request that the Sign Amendment be given expidited consideration. We thought that first consideration would be aththe October 18, 1988 Council Meeting. Barry Beagle called me last week and said that he had forgotten to run the public notice in the newspaper. Now the Amendment must be deferred until the November 1, 1988 Council Meeting. The only reason I am writing you a note is to re-emphasize the need to expidite the Sign Amendment. As I had mentioned in an earlier letter, the Iowa Department of Transportation has given us until December 1, 1988 to remove our current sign. In addition, I am hesitant to order a new pole and sign until we have a finalized decision from the Council. Now that Barry failed to run the public notice last week we are being faced with a delay that was not planned. Thank you for your time and consideration in this matter. Sincerely, 44-1 „ /J Bill Boyd //7(`// Partner [� o A I I OCT 171988 MARIAN K. KARR CITY CLERK (3) RESOLUTION NO. 88-216 RESOLUTION CONSENTING TO THE VACATION OF A PORTION OF CLEAR CREEK SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the proprietor, Clear Creek Investment Company, seeks to vacate that portion of Clear Creek Subdivision known as Parcel C; and WHEREAS, Parcels A and B will continue to be part of Clear Creek Subdivision; and WHEREAS, no public improvements or utility easements will be affected by the proposed vacation; and WHEREAS, vacation of Parcel C will not affect the 33 -feet of right-of-way along Camp Cardinal Road that was dedicated with the plat in 1984. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Pursuant to Section 409.19 of the Code of Iowa, the City Council hereby consents to the vacation of Parcel C of Clear Creek Subdivision, as recorded in Plat Book 25, Page 53, with the understanding that it does not include vacation of the dedicated 33 - feet of right-of-way along Camp Cardinal Road. It was moved byand seconded by Horowitz the Td Resolution be adopte , upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco R Balmer X Courtney R Horowitz X Larson X McDonald Passed and approved this 18th day of October 1988. L& zei Ol�ct J YOR Approved as to Form ATTEST: //In.i Jn IJ ' l—(lam 10 ' d r CIT 'CLERK 7 Leg 1 Departmen i STAFF REPORT To: Planning and Zoning Commission Item: S-8419. Clear Creek Subdivision GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Prepared by: Barry Beagle Date: October 6, 1988 Clear Creek Investment Co. 1130 Merchants National Bank Cedar Rapids, Iowa 52401 Vacation of a portion of Clear Creek Subdivision. To resolve a conflict with the approval of the original plat. Northwest Iowa City, north of Melrose Avenue. via Camp Cardinal Road. Size: Approximately 327 acres. Existing land use and zoning: Agricultural; ID -ORP. BACKGROUND: In accordance with Section 409.19 of the Code of Iowa, the applicant Proposes to vacate a portion of Clear Creek Subdivision. On June 19, 1984, the City Council approved the preliminary and final plat of Clear Creek Subdivision, establishing a three lot, 330 acre subdivision in northwest Iowa City. (See Attached Plat) Parcels A and B were sold to Mr. Alan Nagel, who continues to own the tract of land between the two parcels, with the remaining approximate 327 acres (Parcel C) retained by Clear Creek Investment Co. At the time of the subdivision request, it was not detected that Parcel C overlapped the corporate boundaries and should have also received the approval of Johnson County. This discrepancy was not discovered until recently and has placed a cloud over the title for each of the lots in the subdivision. As not to endanger the entire subdivision, the applicant proposes to vacate Parcel C from the sub- division leaving Parcels A and B as Clear Creek Subdivision. Upon vacation, Parcel C will be described by metes -and -bounds description. The 1984 plat provided for the dedication of 33 feet of right-of-way to the City along the subdivisions frontage with Camp Cardinal Road. The proposed vacation will not affect this dedicated right-of-way. There are no public improvements or utility easements extending through or into the subdivision that would need to be retained or protected. STAFF RECOMMENDATION: Staff has no objection to the proposed vacation of Parcel C from the plat of Clear Creek Subdivision and recommends that the City Council be advised to give its consent. 15:0- A Page 2 ATTACHMENTS: 1. Location Map. 2. Preliminary & Final Plat of Clear Cre;Dnald "hmeisertZDMei Approved by: tor Department of Planning and Program Development �ss� LOCATION MAP S-8419 Probe- ad Par l C` \/a ratirr q I xa 1 r I AA V 1 Olx i t s Na i.n. Company E 49 udb Ne 524 Bxrlk eld6. Ida, Ion 52401 ,;;• rl M 1 11 �. MULLEN �— -- — "•' �OtNG nn %N 52240 :: '^ ' p•[_ I. ��qq�� `pr • _ Q �L I Ijlnu3! C .0s" Sv.., P.O. 241 500'6 ,, IOQe 32241 w I r.lrtln L i:; w r,Il_IN 4rrr:W Irirl � �i'� „rs, I,i 11. • n P,r.IF.. I,IIw„ 4� •r MI. M,x . ru_ N"p . _. �� li':"7'"r^u"i:Iu .iNi TI:P:':+::::ro • 19•'1 1 •11 NU .n..;IN� 1 IN rl • Yf ••1T • 1_ :�•'. . r ,.;; w.�,_ w .. C. 5 SLc. L:: r. �'i ai,• 4 nv �'i.Iw vr::,'..'i ` u N. SS I im jl I:. s r«.wim; M::'Mxrlwl 1_':ir'rfl:nr NY ry i i'N•'x'i«::::::'::u' n::.i C::::"la:'«.:'««:I,.'1••L:u'a:"n':::::n_.r Pr,:'::'w°I ::f«• :ii .wlu 2• pi'tz^:'6P A'iL:^L: "':[P:';_•: T (1r;W .... 414:.':CL'f"G:':7:.i:'«:dL'T.f':L _I,. a'LII:,:i.";„: L';.' .'I " "„«"«. ... ....x.,w..1�'N•"".{.e �':'::«P'N•.�e.y;lr .r rnl •IImIN�•«II'I�nW.. \....... D...... Iw:�'m I::i " MI)'Y•r,'lfl.W 1..1N.ill..., .fO.tl...,N.11.wN.,Ir 1.....,..1 ,NN..n,.,in. =....nwr.rr .. nb�nr (1i,m4�.1.•r ut ucxw[xr—,nr�#"M'1,.. „•9i�',•>aL'LT'm 1, Im.n•n• r ' PRELIMINARY. a FINAL PLAT RIw, w APPROYIT BTI CITY OF INA CITY, IOWA CIA'r tle I A ILLINOIS OA •AND ELECTRIC M RTTII r I/AN BELL TELPJ1101R HAYAEYE CARLETISION 8414 9 Ir 1 a9 19;t SSL SSS` S�vlp' SS\IP• 1P• p. i[4[ 1•.l�p �� L\ �B PONT !x ... f[c.... 1 ........ n?- �- t ¢IxYrnr n[ owx[xr , i q I xa 1 r I AA V 1 Olx i t s Na i.n. Company E 49 udb Ne 524 Bxrlk eld6. Ida, Ion 52401 ,;;• rl M 1 11 �. MULLEN �— -- — "•' �OtNG nn %N 52240 :: '^ ' p•[_ I. ��qq�� `pr • _ Q �L I Ijlnu3! C .0s" Sv.., P.O. 241 500'6 ,, IOQe 32241 w I r.lrtln L i:; w r,Il_IN 4rrr:W Irirl � �i'� „rs, I,i 11. • n P,r.IF.. I,IIw„ 4� •r MI. M,x . ru_ N"p . _. �� li':"7'"r^u"i:Iu .iNi TI:P:':+::::ro • 19•'1 1 •11 NU .n..;IN� 1 IN rl • Yf ••1T • 1_ :�•'. . r ,.;; w.�,_ w .. C. 5 SLc. L:: r. �'i ai,• 4 nv �'i.Iw vr::,'..'i ` u N. SS I im jl I:. s r«.wim; M::'Mxrlwl 1_':ir'rfl:nr NY ry i i'N•'x'i«::::::'::u' n::.i C::::"la:'«.:'««:I,.'1••L:u'a:"n':::::n_.r Pr,:'::'w°I ::f«• :ii .wlu 2• pi'tz^:'6P A'iL:^L: "':[P:';_•: T (1r;W .... 414:.':CL'f"G:':7:.i:'«:dL'T.f':L _I,. a'LII:,:i.";„: L';.' .'I " "„«"«. ... ....x.,w..1�'N•"".{.e �':'::«P'N•.�e.y;lr .r rnl •IImIN�•«II'I�nW.. \....... D...... Iw:�'m I::i " MI)'Y•r,'lfl.W 1..1N.ill..., .fO.tl...,N.11.wN.,Ir 1.....,..1 ,NN..n,.,in. =....nwr.rr .. nb�nr (1i,m4�.1.•r ut ucxw[xr—,nr�#"M'1,.. „•9i�',•>aL'LT'm 1, Im.n•n• r ' PRELIMINARY. a FINAL PLAT RIw, w APPROYIT BTI CITY OF INA CITY, IOWA CIA'r tle I A ILLINOIS OA •AND ELECTRIC M RTTII r I/AN BELL TELPJ1101R HAYAEYE CARLETISION 8414 9 NOTICE OF PUBLIC NEARING ON PCMB, SPECIFICATIONS, FORT OF CCNTRACT AND ESTIMATED COST FOR U.S. 6 8 KEMK STREET INTERSECTION IhPBOIENTS IN THE CITY OF IDA CITY, IUA TO ALL TAXPAYERS OF THE CITY OF DA CITY, ICMp RD TO OTHER PERSONS INTERESTED: Public notice is hereby given that the City Council of the City of lora City, Iaw, will cmid a public hearing on plans, specifications, form of contract and estimated cost for the construction of U.S. 6 $ Keokuk Street Intersection Improvements Project in said City at 7:30 pm. on the 18th dAy of October, 1988, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any persons interested. Any persons interested may appear at said meeting of the City Council for the purpose of making objections to said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Cauncil of the City of Iola City, Iowa. MARIAN K. KARR, CITY CLEW �sss IP j RESOLUTION NO. N88-217 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE U.S. 6 AND KEOKUK STREET INTERSECTION IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost of $125,000.00 for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10_30 a.m. on the 17th day of November, 1988. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 730 p.m. on the 29th day of November, 1988, or at such later time and place as may then be fixed. It was moved by Ambrisco and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Larson X McDonald Passed and approved this 18th day of October, 1988. i ATTEST: 22ii J CITY -CLERK (= .6e FORM W /SS6 Ilk) NOTICE THE CITY MKIL OF IOWA CITY IS CONSIOFRING APPOINDENTS TO THE FOLLOWING BM: BOND OF DMINRZS OF PLIAEFRS Two vacancies - Two-year term (Master Plumber & Representative of the Public) January I, 1989 - December 31, 1990 The duties of members of this Board are to examine all applicants desiring to engage in the work or business of plumbing, WOW as a mister plumber or journeymen plmber, and to issue licenses to competent applicants. Imo City appointed members of boards and camdssions must be eligible electors of the City of Iowa City. These appointments will be made at the October 18, 1988, meeting of the City Council at 7:30 p.m. in the Council Chambers. The actual terms will begin January 1, 1989. Persons interested in being considered for these positions should contact the City Clerk at the Civic Center, 410 E. Washington Street. Application fours are available from the Clerk's office rpm request. �ss7 9 Males: 2 Females: 0 October 18, 1988 BOARD OF EXAMINERS OF PLUDBERs - 'nvO vacancies - Two-year terms January 1, 1989 - December 31, 1990 (Master Plumber $ Representative of the Public) James Muller - (has served one year unexpired term) 1125 Seymour Ave. (Master Plumber) Clark deVries - (has served one term) 516 S. Van Buren (Rep. of the public) - CITY OF IOWA CITY - ADVISORY BOARD/C0MMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announced Advisory Board/Commission vacancies 90 days prior to the date the appointment will be made. This period provides for a 30 -day advertising period and a 60 -day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board/commission before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. Council prefers that all applications must be submitted to the City Clerk no later than one week prior to the announced appointment dates. PLEASE USE A BLACK INK PEN. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. THIS APPLICATION WILL BE CONSIDERED FOR 3 MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY DURING THAT TIME. ADVISORY BOARD/COMMISSION NAME Y /.. b, !3p TERM_ 01 x r NAME HOME ADDRESS liar Sr mo•v /1✓ Is your home address (listed above) within the corporate limits of Iowa City? OCCUPATION P/u i bri EMPLOYER {rj l/r.• f /k. 6 PHONE NUMBER: HOME BUSINESS EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: /4'o 194 4/,t �" ,'.'i'_ - WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? /qs / r X�rr:rg c o v WHAT CONTRIBUTIONS 00 YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? 611," f "o aQo ,n,a ,qr -/ •X�70 +C, n Specific attention should be directed to possible conflict of interest as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a Potential conflict of interest exists, contact the Legal Department. Will you have a conflict of interest? _YES _Z NO If you are not selected, do you want to be notified? x YES NO u Oo you currently serve on another Iowa City Board or Commission? _YES —�0A 2 11988 It has been Council policy not to permit an individual to serve on two Boar sions at the same time. MA,R(AIY RL��yj SKAF June`?^M CLERK (3 AW - CITY OF IOWA CITY - ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announced Advisory Board/Commission vacancies 90 days prior to the date the appointment will be made. This period provides for a 30 -day advertising period and a 60 -day training period for new members. The training period allows new members to became familiar with the responsibilities and duties of the advisory board/commission before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. Council prefers that all applications must be submitted to the City Clerk no later than one week prior to the announced appointment dates. PLEASE USE A BLACK INK PEN. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. THIS APPLICATION WILL BE CONSIDERED FOR 3 MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY DURING THAT TIME. ADVISORY BOARD/COMM! SIGN NAME _R-AAw+(iNy KV)=020 TERM ZNo ' NAME C,f 1, w,- HOME ADDRESS Jr716 S,yAN ) Is your home address (listed above) within the corporate limits of Iowa City? OCCUPATION_ MECA (rN4rL EMPLOYER 11 wo yy��E1L, PHONE NUMBER: HOME '33'7 44SSS BUSINESS 3c:-rj� l G&1S6y EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: /Y16Z14 &W4✓l IeNMil.t�4 l-//71-1 1140 L,4()G. ^(go jV4V* H40 L'uAGli��lx� !ry "fll Gu�sTQ�nc'haJ livous-r2y WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? slty GAO WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN' MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? NAUL Aum' 4 vL e-&Md�0� &IINS A kvl`1+m"L LQKr '4S S1CZVLr- Tmvw Specific attention should be directed to possible conflict of interest as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a Potential conflict of interest exists, contact the Legal DepartmentII" Will ypu a conflict of interest? _YES NO 1pL IIILLFGL If you are not selected, do you want to be notified? _YES k_NOSIJ Do you currently serve on another Iowa City? or Commission �YE$ 18 198 N0 It has been Council policy not to permit an individual to serve on�yiiC KARR sions at the same time. «++RK June 1988 �ss� NOTICE THE CITY MKIL OF IOA Cif`! IS CONSIDERING APPOIMM NCS To THE FUJAING BOWS: BM OF PPPEALS Two vacancies - Five-year terms January 1, 1989 - DDamber 31, 1990 It is the duty of members of the Board of Appeals to hold appeal hearings on matters concerning the uniform building code. Madan mat be galified by experience and training to pass upon matters pertaining to building construction. Iara City appointed members of boards and commissions mut be eligible electors of the City of Ioa City. These appointments will be mode at the October 18, 1988, meeting of the City Council at 7:30 p.m. in the Council Chambers. The actual terms will begin January 1, 1989. Persons interested in being considered for these positions should contact the City Cleric at the Civic Center, 410 E. Washington Street. Application forms are available from the Clerk's office upon request. %la les: 3 Females: 0 October 18, 1988 BOARD OF APPEALS - Two vacancies - Five-year terms January 1, 1989 - December 31, 1993 Marcie Roggow (has served two unexpired terms) 321 McLean Jack W. Barrows - (has served one term) 1310 Bristol Drive i i i j j I %la les: 3 Females: 0 October 18, 1988 BOARD OF APPEALS - Two vacancies - Five-year terms January 1, 1989 - December 31, 1993 Marcie Roggow (has served two unexpired terms) 321 McLean Jack W. Barrows - (has served one term) 1310 Bristol Drive - CITY OF IOWA CITY - ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announced Advisory Board/Commission vacancies 90 days prior to the date the appointment will be made. This period provides for a 30 -day advertising period and a 60 -day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board/commission before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. Council prefers that all applications must be submitted to the City Clerk no later than one week prior to the announced appointment dates. PLEASE USE A BLACK INK PEN. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. THIS APPLICATION WILL BE CONSIDERED FOR 3 MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY DURING THAT TIME. ADVISORY BOARD/COMMISSION NAME /9eetc c TERM_ a�' NAME «tcc� /L tv� r HOME AOORESS 3,7 i i7 ;. Is your home address (listed within the corporate limits of Iowa City? OCCUPATION i��v,P %r I, EMPLOYER�,,�, PHONE NUMBER: HOME33,y yl 5'l BUSINESS EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)?�� nl�Ga .✓ Specific !attention should/be directed torpossible conflict of interest as defined Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Department. Will you have a conflict of interest? _YES v NO rjf yqp ark no j� sel ed, do you want to be notified? YES _NO �o you cuurreGGn)E[ly s�e on another Iowa City Board or Commission? _YES NO It h'sPb3ee�1Co8uncil policy not to permit an individual to serve on two Boards or Commis- SMAM R. KnAime. June 1988 CITY CLERK (3) /SSS B - CITY OF IOWA CITY - ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announced Advisory Board/Commission vacancies 90 days prior to the date the appointment will be made. This period provides for a 30 -day advertising period and a 60 -day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board/commission before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. Council prefers that all applications must be submitted to the City Clerk no later ASE than one week prior to the announced appointment dates. PLEUSE A BLACK INK PEN. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. THIS APPLICATION WILL BE CONSIDERED FOR 3 MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY DURING THAT TIME. ADVISORY BOARD/COM4ISSION NAME ¢ TERM s y'/r, NAME_�u(iG r� ;�,�,� > T MOM ADDRESS Is your home address (listed above) within the corporate limits of Iowa City? Ve.s OCCUPATIONc�'l, /` EMPLOYER PHONE NUMBER: HOME_BUSINESS EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? �; r WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? Specific attention should be directed to possible conflict of interest as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Department. Will you have a conflict of interest? _YES _2�.-NO If you are not selected, do you Tt tQbe oti ied? YES NO Jo you currently serve on anotheowa"Cit�Boa,o mnission? _YES NO It has been Council policy not to permftr an4i"idual to serve on two Boards or Commis- sions at the same time. MARIAN K. KARR CITY CLERK (3) June 1988 iIrso' NOTICE THE Cm CO MIL OF IO A CITY IS OXIDERING APPOINIMFM8 TO 11E FMLowiNG cowissim: SENIOR CWU CCtMISSION Two vacancies - Three-year terns January 1, 1989 - Eecember 31, 1991 The duties of merbers of the Senior Center Commission are to: I. Serve in an advisory role to the City Council with regard to needs of the Senior Center. 2. Make recamerdations with regard to policies and programs at the Senior Center. 3. Join staff and other interested persons in seeking adequate financial resources for operation of the Senior Center. 4. Encourage full participation by senior citizens in the programs of the Senior Center. 5. Ensure that the Senior Center is effectively integrated into the cmmnity and cooperates with organizations with canon goals in meeting the needs of senior citizens. 6. Serve in an advocacy role with regard to the needs of senior citizens in Iowa City. Iowa City appointed neders of boards and canmissions must be eligible electors of the City of Iowa City. These appointments will be made at the October 18, 1988, meeting of the City Council at 7:30 p.m. in the Council Chambers. The actual terms will begin January 1, 1989. Person interested in being considered for these positions should contact the City Clerk at the Civic Ceder, 410 E. Washington Street. Application forms are available frau the Clerk's office upon request. �ss� I Males: 2 Females: 5 October 18, 1988 SENIOR CENTER COMMISSION - Dvo vacancies - Three-year terms January 1, 1989 - December 31, 1991 Duane E. Means 120 E. Fairchild Street N.V. (Hugh) Cordier 2415 Walden Court I t. i .. I Males: 2 Females: 5 October 18, 1988 SENIOR CENTER COMMISSION - Dvo vacancies - Three-year terms January 1, 1989 - December 31, 1991 Duane E. Means 120 E. Fairchild Street N.V. (Hugh) Cordier 2415 Walden Court r - CITY OF IOWA CITY - ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announced Advisory Board/Commission vacancies 90 days prior to the date the appointment will be made. This period provides for a 30 -day advertising period and a 60 -day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board/commission before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. Council prefers that all applications must be submittedto the City Clerk no later than one week prior to the announced appointment dates. PLEASE USE A BLACK INK PEN. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. THIS APPLICATION WILL BE CONSIDERED FOR 3 MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY DURING THAT TIME. ADVISORY BOARD/COMMISSION NAME SQv/a2 CE,,.7&2 ConM/ss;ay TERM NAME !JURdE E /ilFgvs HOME ADDRESS /10 6', p4l- hA S^ Is your home address (listed above) within the corporate limits of Iowa City? et OCCUPATION &41 EK q� /eF EMPLOYER l=vesrNnTiavoc/3A.r PHONE NUMBER: HOME 337-39.'3 BUSINESS 356-9051 EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION - rcvsi:i.'t�i,J'T�J:.i'L•2'l' . ./IJ7iT�.r :.s ... WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? /�cauan ta,Y,r Seyealc Aeergvr 4�P1 aP AM AWA;Q oc 1/749A62 Fe &r,F2,err aRS�vi so Caa+.n,tri,n . WHAT CONTRIBUTIONS 00 YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? /r is i" ietm,r nve f as Opom k oa wow D ' �--�sgl Nave /h ih rnra id Specific attention should be directed to possible conflict of interest as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Department. Will you have a conflict of interest? _YES __X_NO If you are not selected, dFoo u antpto noI ied? AYES _NO jo you currently serve on he� Iola C y Bd or Commission? _YES NO It has been Council policy notf'�bTer P Y p��e�n individual to serve on two Boards or Commis- sions at the same time. MARIAN K. KARR ,lune 1988 CITY CLERK (3) ■ - CITY OF IOWA CITY - ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announced Advisory Board/Commission vacancies 90 days prior to the date the appointment will be made. This period provides for a 30 -day advertis- ing period and a 60 -day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board/commission before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appoint- ment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. Council prefers that all applications must be submitted to the City Clerk no later than one week prior to the announced appointment dates. PLEASE USE A BLACK INK PEN. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. THIS APPLICATION WILL BE CONSIDERED FOR 3 MONTHS ONLY. ADVISORY BOARD/COMMISSION NAME SENIOR CENTER COT04ISSION TERM Three years NAME H. V. (Hugh) Cordier HOME ADDRESS 2415 Walden Court Is your hom address (li t d abave) ithin the corporate limits of Iowa City? Yes PDirector of �roa�cas ing and OCCUPATION professor Emeritus EMPLOYER University of Iowa PHONE NUMBER: HOME 351-8727 BUSINESS EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: Experience and activities on the local level (Director of Broadcastings ro essor on . t and City commissions i the statg 1 vel two stints as Interi Exgcutive and member of the Board of Directors of Broadcast Education Association, . WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? Limited to a basic under- standing of the duties of the members of the Commission. WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? I would hope that my skills as a problem -solver, administra- tor, and communicator would be useful to this advisory board. Specific attention should be directed to possible conflict of interest as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Department. Will you have a conflict of interest? _YES X NO a M If you are not selected, do you want to be notified? _YES NO This application will be kept on file for 3 months and OrT 11 0 1988 automatically considered for any vacancy during that time. JanuarMARI198 KARR CITY CLERK (3) /.ss! RESOLUTION NO. RESOLUTION OF INTENT TO DISPOSE OF A PORTION OF MADISON STREET RIGHT-OF-WAY BETWEEN MARKET STREET AND BLOOMINGTON STREET TO THE UNIVERSITY OF IOWA. WHEREAS, this City Council did, pursuant to Ordinance No. , passed and approved the day of , 1988, vacate a portion ofad' n Street right-of-way between Market Street and Bloomington Stre t. Said parcel is legally described as follows: Beginning at he Southeast corner of V as recorded in Plat Book 2, p ge 73, in the Johnson Corder's Office an the Westerly ri ht -of -way line of Madiet; thence North 00000'00" East long the Westerly rigline of Madison Street 405.00 fee to a point; thence N0'00" East 24.00 feet to a point; thence South 90°00'405.00 feet to a point; thence South 0°00'00" West 24.to the point of beginning. Said pa el contains 9,720eet (0.22 acres, more or less). WHEREAS, the University of Io accommodate construction of th WHEREAS, the disposition of University agreeing to reconst that may be damaged during Building and to designate a p area where it partially or perpetual maintenance. needs to acquire this right-of-way to new Las 'r Laboratory Building, and \Ca/ny right-of-way is contingent upon the portions of an existing sidewalk uction' of the new Laser Laboratory n easement in the proposed vacated tely covers the sidewalk to assure NOW, THE BE IT RESOLVED BY THE C\YCOUNCIL OF IOWA CITY THAT: The City Council does herejfy declare itent to convey its interest in the above-described va ted right-ofto the University of Iowa, subject to the Universi agreeing to the ab ve-mentioned contingencies. AND, BE IT FURTH/RELVED THAT: A public hearing proposal be set for Nov,the City Clerkd is hereby authorized, cause Notice of earing to be published as to the proposal fter set forth. It was moved y and seconded by Resolution be adopted, and upon roll call there were: A ES: NAYS: ABSENT: 1, 1988, and that ered and directed to ided by law relative Ambrisco Balmer Courtney Horowitz Larson McDonald the 9 4 Resolution No. Page 2 Passed and approved this day of I ATTEST 1988. Approved as to Form ry�[�- 10-13-,y9 Lega Department i i i j �S� ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ALCOHOLIC BEVERAGES," BY (1) AMENDING SECTION 5-1 THEREOF TO PROVIDE DEFINITIONS OF RESTAURANT AND OF TEMPORARY OUTDOOR SERVICE AREA AND TO UPDATE OTHER DEFINITIONS, (2) BY AMENDING SECTION 5-6 RELATING TO DANCING PERMITS FOR LICENSED ESTABLISHMENTS, (3) BY REP ALING SECTION 5-33 RELATING TO THE DURATION OF PERMITS AND L NS ES, (4) BY AMENDING SECTION 5-41 TO REVISE REGULATIONS GARDING OUTDOOR SERVICE AREAS, AND (5) BY ADOPTING NEW SECTIO 5-42 AND 5-49 THRO GH 5-52 RELATING TO THE REGULATION 0 TEMPORARY OUTDOOR SER ICE AREAS AND SEASONAL AND FOURTEEN -DAY LICENSES AND PERMITS. BE IT ORDAINED B\te CITY COUNCIL OF THE CITYJOFIOWA CITY, IOWA: SECTION I: That C 5 of the Code of Ordina of the City of Iowa City, Iowa, be, ansame is hereby amendedepealing Section 5-1 thereof, and enactlieu thereof a new s otion to be codified the same to read as fol "Sec. 5-1. Definit The following definitions shall apply to/this chapter: (a}(1) Alcohol means the pro ct of dis 117ation of any fermented liquor rectified one or more mes, w tever may be the origin thereof, and includes synthetic a hyl a cohol. (2) Alcoholic beverage means beverage containing more than one- half of one percent of a) o of by volume, including alcoholic liquor, wine, and beer. (3) Alcoholic liquor or Intoxicag ti liquor means the varieties of liquor defined in subsections )(1) and (s)(1) which contain more than five percent' of alcoho by weight, beverages made as described in subsection (b)(1) whi h beverages contain more than five percent of alcohol by weigh but which are not wine as defined in subsection (w)(1), and every other liquor or solid, patented or not, containing spirits �d every beverage obtained by the process gescribed in subsection! (w)(1) containing more than seventeen percent alcohol by wei ht, and susceptible of being consumed by a human being, for beverage purposes. Alcohol manufacturedi this state for use as fuel pursuant to an experimental istilled spirits plant perm or its equivalent issued by th federal bureau of alcohol, tob co and firearms is not an alcoh lic liquor. (b)(1) Beer means any liquid capable of being used for verage purposes made by a fermentation of an infusion in po able water of barley, alt, and hops, with or without unmal d grains or decortic ted and degerminated grains or made by the fermentation of or b distillation of the fermented products of uit, fruit extracts, or other agricultural products, containing more than one-half of one percent of alcohol by volume but not more than ls-4,�' O Ordinance No. Page 2 five percent of alcohol by weight but not including mixed drinks or cocktails mixed on the premises. (c)(1) City council or local authority means the City Council of the City of Iowa City, Iowa. (2) Club means any non-profit corporation or association of indi- viduals, which is the owner, lessee, or occupant of a permanent building or part thereof, membership in which entails the prepayment of regular dues and is not operated for a profit other than such profits as would accrue to the entire membership. (3) Commercial -,,,establishment means a place of business which is at all times nipped with sufficient tables and seats to accom- modate twenty ive (25) persons at one time, and the licensed premises of wh,14 conform to the standards and specifications of the department. (4) Council means the be r and liquor control council established by state law. / (d)(1) Director or administrat< sion, appointed pursuant Iowa Code, or the admini (2) Division or department m the Iowa Department of Ci Iowa Code. (e) -(g) Reserved. the administrator of the divi- provisions of Chapter 123 of the s designee. a alcoholic beverages division of @stablished by Chapter 123 of the (h)(1) Hotel or motel means a premise license by the Iowa Department of Inspections and App6als, and regularly seasonally kept open in a bona fide manner for the lodging of t nsient guests, and with twenty (20) or more sleeping rooms. (i) -(k) Reserved. (1 (1) Legal age means twenty-one (21) years of age or more. (2) Licensed prem ses or premises means all roo , enclosures, contiguous ar as, or places susceptible of preci a description satisfactory o the administrator where alcohol c beverages, wine, or bee is sold or consumed under authorit of a liquor control licen e, wine permit, or beer permit. A single licensed premise may consist of multiple rooms, enclosures, areas or places if t ey are wholly within the confines of a single building or c ntiguous grounds. (m) -(n) Reserved. (o)(1) Outdoor service area means an area outside of but immediately adjacent to a building housing a licensed premises, which area has been approved for use for the sale, dispensing or consumption of alcoholic beverages or beer pursuant to the provisions of this I Ordinance No. Page 3 chapter, Chapter 123 of the Iowa Code, and Chapter 150 of the Iowa Administrative Code. An outdoor service area shall include any outdoor area where beer or liquor is to be sold, served, carried, or consumed by the public and shall be considered as part of the licensed premises. The same federal and state laws and local ordinances which apply to the licensed premises shall also apply to the outdoor service area. (p)(1) Permit or license means an express written/,a/uthorization issued by the department for the manufacture r sale, or both, of alcoholic liquor, beer, or wine. (2) Person mean any individual, associat on, partnership, corpora- tion, club, otel, motel, or municipal corporation owning or operating a ona fide airport, marina, park, coliseum, auditorium, or r creational facili-ty in or at which the sale of alcoholic liquor r beer is only an incidental part of such ownership or opera on. (3) Person of good moral haracter means any person who meets all of the following require nts: (a) The person has su inancial standing and good reputation as will satisfy t e administrator that the person will comply with this c apter and all laws, ordinances, and regulations appl ab to the person's operations under this chapter. (b) The person doe not poss s a federal gambling stamp. (c) The person 's not prohib ted by the section 5-38 from obtaining a liquor contro license or a wine or beer permit. (d) The perso is a citizen of the ited States and a resident of this s ate, or licensed to do usiness in this state in the case of a corporation. Notwi hstanding paragraph "f" in the ase of a partnership, onl one partner need be a residen of this state. (e) The pe son has not been convicted of a elony. However, if the pe son's conviction of a felony occu red more than five years before the date of the applicatio for a license or permi 'and if the person's rights of ci izenship have been resto ed by the governor, the administrator may determine that he person is of good moral character notwithstanding such onviction. (f) If such person is a corporation, partnership, association, club, or hotel or motel, the requirements of this subsec- tion shall apply to each of the officers, directors, and partners of such person, and to any person who directly or indirectly owns or controls ten percent or more of any class of stock of such person or has an interest of ten percent or more in the ownership or profits of such person. I& -Z3 N Ordinance No. Page 4 (4) (5) (2) (3) (4) (s)(1) Prohibited sale of alcoholic liquor or beer under this chapter includes soliciting for sales, taking orders for sales, keeping or exposing for sale, delivery or other trafficking for a valuable consideration promised or obtained, and procuring or allowing procurement for any other person. Public place means any place, building, '/conveyance to which the public has or is permitted access. Reserved. Residence means the place where a person resides, permanently or temporarily. Restaurant ans a business whose primary function is the service of food to cu omers and which meets the following criteria: (a) serves hot meals prepared and cooked on the premises for consumption n the premises; (b) has a food ser ice menu from which customers may order; (c) has an employee hose primary duty is the preparation of food, and an empl ee whose primary duty is to serve food to customers; (d) has ,\e kitchen separat from the bar which is equipped with a microwave oven, stov griddle, grill, or broiler, and a food refrigeration unit with a capacity in excess of 20 cubic feet; (e) operates the'restaurant ser ice during at least 60% of the hours thathe business is op n to the public; and (f) holds its f out to be a restau ant, and advertises itself as a rest urant if it advertises. Retail beer p rmit means a class "B" or "C" beer permit issued under the pro isions of this chapter and st to law. Retailer mea s any person who shall sell, bar r, exchange, offer for sale, r have in possession with ante t to sell, any alcoholic 1 quor for consumption on the premise where sold, or beer for co sumption either on or off the premise where sold. Spirits mea s any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including, but not limited to, brandy, rum, whiskey, and gin. Temporary outdoor service area means either an area outside of but immediately adjacent to a licensed premises which is approved /Si 6 Ordinance No. Page 5 for the temporary sale of liquor, beer, or wine under the license or permit for that premises, or an area not within a building which is licensed for the temporary sale of liquor, beer, or wine under a seasonal or fourteen -day license or permit. (u) -(v) Reserved. j (w)(1) Wine means any beverage containing more than five percent but not i more than seventeen percent of alcohol by w ght obtained by the fermentation of the natural sugar contents of fruits or other agricultural products, but excluding #y product containing alcohol derived from malt or by the d'stillation process from grain, cereal, molasses or cactus. SECTION 2: That Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, be,and the me is hereby amended by repealing Section 5-6 thereof, and enacting in �tigU'thereof a new section to be codified the same to read as follows: "Sec. 5-6. Dancing restri ted in connection with business. (a) When allowed. Dancing is ereby authorized in connection with the sale of liquor or beer by th drink in establishments having at least 150 square feet of floor spac ,vailable for dancing. (b) Permit required. It shall be%nlawful for any license or permit holder under this chapter to at ow dancing in connection with the operation of such business without first securing a permit therefor from the city clerk. (c) Permit application. A �ified app 'cation for a permit to allow dancing in connection wi the sale o liquor or beer by the drink shall be filed with th city clerk an shall contain the following information: (1) The name and addr ss of the applicant. (2) The location of he place of business herein dancing is to occur in canju ction with the sale of 1 quor, beer, or wine by the drink. (3) That the appli ant is a bona fide holder of a liquor control license or a eer or wine permit. (4) That the app icant consents to the entry of members of the city police, fire and health departments without a search warrant to inspect the remises for violations of this ordinance. (5) A statement from he chief of police, the fire chief, and the building insp ctof�that the premises comply with the ordinances of the city and the statutes of the state. (6) A detailed sketch and description of the premises. Such sketch shall include all rooms or enclosures which are operated in connection with the liquor control license or beer or wine Ordinance No. Page 6 permit wherein the dancing shall be allowed and shall show the area designated for dancing and its dimensions. (7) A check, money order, or bank draft for the permit fee required by the provisions of this section. (d) Fee for dancing permit. The annual fee for a dancing permit shall be in the amount set by the council by resolution. I Such fee shall be prorated for fractions of the square foot requirements. The initial permit shall be valid for the same time period/as applicant's liquor control license, or beer or wine permit, and the cost shall be prorated on that basis of time. I (e) Permit issuance. If an application is in/ the proper form, the city clerk shall place the application on the agenda of the next regular council meeting at which the city council may by resolution grant a permit ifthis se ion has been complied with. If the resolution is I approved, the city c ncil shall is s e a permit to the applicant. (f) Revocation of permit. the event that a dancing permittee violates any of the provisions of his chapter, or chapter 123 of the Code of Iowa, the dancing permit all be automatically revoked, and no refund shall be made of the p mit fee. (g) Refunds. Any dancing permit a who shall voluntarily surrender a dance permit shall be entitl4d to a refund for the balance of the term remaining." i SECTION 3: That Chapter 5/eis the Code of rdinances of the City of Iowa City, Iowa, be, and the samehereby amende by repealing Section 5-33. I SECTION 4: That Chapter 5 oe Code of Ordinan es of the City of Iowa City, Iowa, be, and the sahereby amended b repealing Section 5-41 thereof, and enacting in 1'hereof a new secti to be codified the same to read as follows: "Sec. 5-41. Regulatio of outdoor service areas. The operation of a outdoor service area shall be subject to the following terms, Condit" ens and regulations. (a) Outdoor service a eas must be located on priv a property and may not encroach on any public right-of-way e - pt as provided in Section 9.1-8 of the Cit Code of Ordinances. (b) An outdoor servi a area shall i� be located on any side of a licensed establishment whi 0 fronts on a street, unless (1) the building is set back a mi mum of 20 feet from the street right-of- way line, (2) there /is a minimum of 500 square feet of private property on that sid sof the building available and proposed for use as an outdoor service area, and (3) the outdoor service area is being operated in conjunction with a restaurant as defined in Section 5-1. (c) Outdoor service areas shall be screened on all sides from public view. Screening shall consist of a fence or other suitable barrier /5LJ Ordinance No. Page 7 j of not less than five (5) feet in height nor more than eight (8) feet in height. It shall be of solid construction which will effectively prevent ingress or egress from the premises except by way of an emergency fire exist only. Such fire exit shall be required of all outdoor service areas. (d) Outdoor service areas shall not be accessible except from the licensed premises which it adjoins. The required fire exit shall be an emergency exit only. (e) An outdoor service area must be immediately adjac/nt to the licensed i establishment of which it is a part. (f) An outdoor service area shall be permitt�din any C (commercial) Zone, as pro ided by Chapter 36 hereof, {irovided that an outdoor service area hall not be permitted if a4y part thereof lies within 100 feet of an R (residtial) Zone. /In the event that property within 100 feet fan estaenblished out d9or service area is rezoned to any R (residentia Zone classification, such outdoor service area j shall be permitte to continue id operation so long as it is continuously authoriz as such by the City Council without lapse, suspension, or revocat'on. The City Council may waive operation of this provision to permit antinuedjoperation of the outdoor service area in the event of lapse or suspension of the license or permit for the establishment, or in t evdnt of lapse or suspension of City Council authorization for the outdoor service area. I (g) Outdoor service areas shall comp with appropriate building, housing and fire codes and with all gther placable state and city laws. (h) Seating or other accommodations in an utdoor service area shall not exceed one person per (15) square feet of floor area /fifteen accessible to the public. (i) Amplified sound equipme t shall be prohib ed in outdoor service areas. Compliance wi the city noise ordin nce shall be required. Additional advertising or identification ignage beyond that permitted for the main licensed establishment shill not be permitted. (j) The owner or operatoF of an outdoor service area shall be required to j observe the same pea square foot occupancy limits that apply to the building which iV abuts. The occupancy limit for each outdoor service area shall be determined by the city building official. In the event inclement weather requires early closing of the outdoor service area, the license or permittee shall not allow patrons of the outdoor service area to enter that portion of the licensed premises housed in the ad acent building if to do so would result in exceeding the occupancy imits therefor as determined by the city building official.' SECTION 5: That Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by adding thereto the following new section to be codified as Section 5-42, to read as follows: 150 Ordinance No. Page 8 "Sec. 5-42. Temporary outdoor service area operated in conjunction with a licensed premises. (a) An application for permission to operate a temporary outdoor service area in conjunction with a licensed premises shall be made upon the form provided by the city. Such application may be made at any time. The application shall include all information required to be submitted with applications for beer and liquor licenses. The application shall be submitted to the city clerk at least fifteen (15) days prior to the date it is to be considered by the city council, and shall be accompanied by payment of an inspection fee as set by the City Council by resolution. Approval ,by the city council of a temporary outdoor service area shall ¢4� by letter to the department with regard to the diagram, dram shop insurance coverage and all other state requirements. (b) Approval or disa roval of an applicatiod for a temporary outdoor service area sha be at the discretion of the city council. Such discretion shall be exercised with d6e regard to public health, safety and welfare co \ice ions. (c) A temporary outdoor sarea cdn be operated in conjunction with a licensed establishmenot -more than two occasions in the licensing year for thablishment, and for not more than three days per occasion./ (d) A temporary outdoor service ar shall be subject to the regulations and requirements set forth 'n ection 5-51. Inspections shall be made as necessary prior t9 is once of the approval letter tc determine if the temporary out or service area will conform with said regulations and requirements. i (e) Permission to operate' tdoor service area may be suspended or revoked pursuant to the prod dure and for the same cause as provided in Section 5-44." SECTION 6: That Chapter 5i�f the Code of Ordinanc of the City of Iowa City, Iowa, be, and the same is hereby amende by adding thereto the following new section to be codified as Section 5-49, to read as follows: "Sec. 5-49. Seasonal or Fourteen -Day Licensed or Permit - Approval Required. Any person desirin to sell liquor, beer, or wine utilizing a seasonal or fourteen -day licen a or permit, as authorized by Section 123.34 of the Iowa Code, must make application therefor and must obtain the approval of the city council and of the Department." SECTION 7: That Chater 5 of the Code of Ordinances of the City of Iowa City, Iowa, be, a d the same is hereby amended by adding thereto the following new section to be codified as Section 5-50, to read as follows: "Sec. 5-50. Application for Seasonal/Fourteen-Day License or Permit. 0 9 Ordinance No. Page 9 (a) An application for a seasonal or fourteen -day license or permit shall be made upon the forms provided by the city. The application shall be submitted to the city clerk at least fifteen (15) days prior to the date it is to be considered by the city council. Approval by the city council of an application for a seasonal or fourteen -day license or permit shall be endorsed on the application and sent to the department, along with the diagram, dram shop insurance, and all other state required documents. (b) If sales under such license or permit are to occur outside of a building, the temporary outdoor service area within which such sales are to occur shall be clearly identified on a d' gram which shall accompany the application. The diagram shall so set forth and identify (1) the lot and street address of a temporary outdoor service a ea; (2) the location of street and alleys adjacent thereto; (3 the ownership and use of all butting private proper- ties; (4) the ocation of all security fe in around the temporary outdoor service area, and (5) the locati n of the entrance to and of all exits from th temporary area. (c) Upon submitting an a lication for a seasonal or fourteen -day license or permit, the appli nt she pr vide the name and address of the owner of each abutting roperty a well as every other property which is within one hundred 00) fe of applicant's premises. The city will then notify these prdRerty owners by letter of the nature of the application and the date n time when it will appear on the agenda for approval by the city cou ill so that these property owners will have an opportunity to commg on the application if they wish. (d) Approval or disapproval o an ap ication for a seasonal or fourteen - day license or permit sh 1 be at 4e discretion of the city council. Such discretion shall Ye exercised ith due regard to public health, safety and welfare con iderations." SECTION 7: That Chapter City, Iowa, be, and following new section t� "Sec. 5-51. outdoor service licenses. ff of the Code of Ordi'm he same is hereby am be codified as Section ions and requirements and to seasonal and of the City of Iowa by adding thereto the to read as follows: to temporary permits and The sale of 1'quor or beer in a temporary outdoor service area, or under a seasonay or fourteen -day license or permit, shall be subject to the following r gulations and requirements. (a) Temporary sales under a seasonal or fourteen -day license or permit may be conducted in a building owned or leased by the applicant or in a clearly designated temporary outdoor service area owned or leased by the applicant. A temporary outdoor service area must be located on private property and may not encroach on any public right-of-way. Ordinance No. Page 10 (b) A temporary outdoor service area operated in conjunction with a licensed establishment shall not be located on any side of the licensed establishment which fronts on a street, unless (1) the building is set back a minimum of 20 feet from the street right-of- way line, (2) there is a minimum of 500 square feet of private property on that side of the building available and proposed for use as an outdoor service areas, and (3) the outdoor service area is being operated in conjunction with a restaurant as defined in Section 5-1. (c) The perimeter of temporary outdoor servi a areas shall be double fenced with snow fencing or construction encing not less than four feet in height, with the outside fence 1 led not less than six feet distant from the inside fence. Fencin may be deleted at locations where the tem orary outdoor service a eas adjoins a building. Fire exits which ar emergency exits only shall be provided. A uniformed security offic shall be continu sly present at the site of a temporary outdoo service area if re than one hundred (100) persons are in attendance and an additional uniformed security officer shall be provided fore h additional Pifty (50) persons attending. (d) If a temporary outdJor service `area is operated in conjunction with a licensed establishment, it shall be immediately adjacent thereto and shall not be accessi le except from the licensed premises which it adjoins. (e) Parking shall be provide fora temporary outdoor service area or for a building wherein the s e of liquor or beer occurs under a seasonal or fourteen -day licens permit. The required number of parking stalls shall be is ine by applying the parking requirements for that zone, if any, to that se. (f) The sale of liquor r beer der a seasonal or fourteen -day license or permit may occu in any pr cipal structure which does not house a residential use, egardless o the zone in which it is located and regardless of it proximity to ther residential uses. A temporary outdoor service rea shall be pe itted in any zone, provided that a temporary outdo r service area s all not be permitted if any part thereof lies wi hin 100 feet of a r sidential use. (g) A building ich is utilized for iquor or beer sales under a seasonal or mporary license or permi shall comply with appropriate building, ho sing and fire codes and wi h all other applicable state and city la s, and shall be subject to'nspection prior to issuance of the lic nse or permit and at any time pile being operated under such licen a or permit. (h) Seating o other accommodations in a temporary outdoor service area shall not exceed one person per fifteen (15) square feet of area accessible to the public. A trash container or trash containers equaling 50 gallons in volume, and one (1) restroom/toilet facility, either permanent or temporary, must be provided on the site of the temporary outdoor service area for each fifty (50) people expected to attend. /SG�3 Ordinance No. Page 11 (i) Amplified sound equipment may be operated in a temporary outdoor service area upon issuance of a permit therefore as provided in Section 24.4-6 of this Code. Dancing may occur in a temporary outdoor service area or in a building which is utilized for liquor or beer sales under a seasonal or temporary license or permit upon issuance of a license therefor pursuant to Section 5-6 of this chapter. Identification signage shall not be permitted. (j) The owner or operator of a temporary outdoor service area operated in conjunction with a licensed establishment shall be required to observe the same per square foot occupancy limits that apply to the licensed establishment which it abuts. The occupancy limit for each such temporary outdoor service area shall/be determined by the city building official. In the event incle ent weather requires early closing of such temporary outdoor serice area, the licensee or permittee shall no allow patrons of CChe temporary outdoor service area to enter that ortion of the licensed premises housed in the adjacent building if o do so would y/esult in exceeding the occupancy limits therefor as det rmined by the city building official." SECTION 9: That Chapter 5 thde of Ordinances of the City of Iowa City, Iowa, be, and the Sam is hereby amended by adding thereto the following new section to be co ifi e�'as Section 5-52, to read as follows: "Sec. 5-52. Suspension or Revocation of Seasonal or Fourteen -Day License or Permit. A seasonal or fourteen -day li nse or permit may be suspended or revoked pursuant to the procedure a d for the same cause as provided in Section 5-44." SECTION 10. SEVERABILITY CLAUSE: IX any of the provisions of this Ordinance are for any r ason declared llegal or void, then the lawful provisions of this Or nonce, which ar severable from said unlawful provisions, shall be aid remain in full f ce and effect, the same as if the Ordinance containe no illegal or void p ovisions. SECTION 11. REPEAL : All ordinances or par of ordinances in conflict with the provision of this Ordinance are her by repealed. These are: Ordinance No. 2605 Section XVI, 12/21/71. Ordin nce No. 72-2639, 8/8/72. Ordinance No. 84 13, SEction II, 1., 11/6/84. 0 dinance No. 86-3289, §2 and §3 (part), 6/ /86. Ordinance No. 87-3333, §1, 8/87. SECTION 11. Ef±ECTIVE DATE: This Ordinance shallin full force and effect from hd after its final passage and publ cation as by law provided. Passed and1noroved this MAYOR /5G3 0 Ordinance No. Page 12 ATTEST: CITY CLERK City of Iowa City MEMORANDUM DAW October 7, 1988 TO: Memo for Record FROM: City Manager RE: Material Mailed to Council Only Memorandum from the City Manager regarding pending development issues. Copy of letter from City Manager to Senators Grassley and Harkin and Representative Nagle regarding the Section 312 Housing Rehabilitation Program. City of Iowa City MEMORANDUM DATE: October 3, 1988 TO: City Council FROM: City Manager RE: Pending Development Issues Board of Adjustment items: 1. An appeal submitted by Dr. Bruce Sprague of the decision by the City Building Official regarding the commercial use of property located in the RM -12 Zone at 332 North Van Buren Street. 2. An application submitted by James Harris to reduce the sideyard requirement in the RS -5 zone for property located at 828 Rider Street. 3. An application submitted by Gaylord Container Company for Harold and Carolyn Dickey to establish a light manufacturing use in the CI -1 zone for property located at 1213 South Gilbert Street. I October 5, 1988 The Honorable Charles Grassley U.S. Senate 135 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Grassley: CITY OFIOWA CITY Same letter to Senator Harkin and Representative Nagle I wrote to you in June of this year expressing the City's concern with regard to the continued funding for the Section 312 Housing Rehabilitation Program. In August, 1988, Senator Harkin's office indicated that the program would be funded at $200 million in 1989. In fact, Congress decided to use that $200 million to continue funding the CDBG program at the $3 billion level, and increase the funding for other programs. We are very pleased that the CDBG program can continue at its current reduced level; however, I want to reiterate my concern that one of the very few federal housing rehabilitation programs that remains, has now been virtually eliminated. This program is set up so that it can function by using its own loan repayments, i.e. without requiring anyewew money. It is my understanding that even the loan repayment funds generated by the Section 312 program itself are being transferred to other programs in FY89. This action seems to be inappropriate for a successful, self- sustaining program. Restoration of the approximately $90 million generated by loan repayment could permit the Section 312 program to function, albeit at a reduced level, and would avoid wasting the training and administrative time invested by many communities, particularly during the past year. This investment is truly the City's investment, since Section 312 monies cannot be used for administrative and training purposes. I urge you to try to restore, at a minimum, the approximately $90 million in loan repayments for the Section 312 program, to that program so that it can continue to function. Yours sincerely, ephen J t ci s City Manager MM/sp/PC-3 cc: City Council Marianne Milkman CIVIC CENTER 0 410 EAST WASI4INGTON STREET • IOWA CITY. IOWA S2240 • (119) 1S6.SS0`o0 City of 16wo city f MEMORANDUM DATE: October 12, 1988 TO: Memo for Record FROM: City Manager RE: Material Mailed to Council Only Memoranda from the City Manager: a. Miscellaneous (Chief Miller, Old Music Building - Iowa and Gilbert Streets, Neighborhood Sewers) b. Projects to be accomplished by Public Works Divisions during Octob, Notice of meeting of Southeast Iowa Municipal League. Copy of Highlights from the University of Iowa. City of Iowa City MEMORANDUM DATE: October 10, 1988 TO: City Council FROM: City Manager RE: Miscellaneous 1. Chief Miller. Harvey's retirement request and the need for substan- tiating medical evidence will be performed by a team of University Physicians on October 31. This examination is required by law. I. OldMusic Building - Iowa and Gilbert Streets. Just as a reminder, the northwest corner will soon become a University parking lot. 3. Neighborhood Sewers. We have a tentative bid date of January 19 for the neighborhood sewers/interceptors. The estimate is $11.8 million which includes $1.2 million for storm sewer work. /SW, City of Iowa City MEMORANDUM Date: October 11, 1988 To: City Council From: City Manager Re: Projects to be Accomplished by Public Works Divisions During !' October STREETS DIVISION REPAIR WORK Rochester at Rochester Court Manhole Panel 2040 Rochester Court Street Panel i Glendale 6 7th Corner Sidewalk and Curb and Gutter Union Place between Bloomington Pavement i and Rochester 2nd Avenue south of D Street Curb and Gutter 1510 E. College Curb and Gutter i i Market Street City Lot Sidewalk Replacement North Dubuque north of Foster Road Nest Shoulder Dodge Street West Alley Approach Between Brown and Ronalds Camp Cardinal Road Bridge Approaches 2401 Friendship Repair Asphalt at Manhole Leaf Removal beginning October 17 TRAFFIC ENGINEERING DIVISION Dodge Street and Church Street Signalization Underground work and placement of bases Clinton Street and Market Street Signalization Underground work and placement of bases Riverside Drive and Burlington Street Install new service to traffic controller K U.S. Highway 6 Exxon Project Continue monitoring system Lane line markings on the following streets: Burlington, Dodge, Governor The following is scheduled to be completed in the remainder of 1988: WATER DIVISION WORK DECS RIPTION Benton Street - East Bridge Replacement Relocate 2 services, abandon 4' main, move hydrant, relocate 12" main Benton Street Abandon 8' main Riverside Drive to Miller Avenue Southwest Estates, Parts 3&4, Frank Eicher Metro Pavers off Stevens Drive Procter & Gamble Madison & Harrison Flush Hydrants Imperial Court S. Riverside Drive bdw2-7 900 ft. of 12" main 2625 ft. of 6" main, 11 fire hydrants, 6 valves 800 ft. of 6" 0 water main 16"x 12" tapping sleeve 12" tapping valve, installed Reconstruction due to electrical conduits On dead-end mains only Install main, valve & hydrants I SOUrNNAR IOWA MUNICIPAL �t A 0 yE PRESIDENT - JERRY RIGDOM Counollassber of Burlington • VICE PRESIDENT - LEROY PETERSON Ccamcilnaber of Oskaloosa - DIRECTORS - ROBERTA BOETSCHA Mayor of Hillsboro JOHN UNITE Mayor of What Cheer PHILIP YOUNG Cou flmevber of Fairfield BOB GALLOWAY Courcila, r of Keokuk - IMMEDIATE PAST PRESIDENT - MICHAEL KATTCHEE Mayor of Coralville - SECRETARY -TREASURER DOUG WORDEN Fires a Dfrector of Burlington SOUTHEAST IOWA MUNICIPAL LEAGUE 400 WASHINGTON -- BURLINGTON, IOWA 52601 ATTENTION: Southeast Iowa City Officials and Associate Members The October, 1988, meeting of the Southeast Iowa Municipal League will be hosted by the City of Muscatine. Meeting Date: October 19, 1988 Where: Kent Feed Boat, docked at Riverfront Park, Downtown. Boat Ride: 5:30 P.M. Dinner: 6:30 P.M. Cost $8.50. Hotel Muscatine, two blocks from the park on Mississippi Drive. Program to be announced. Every elected and appointed City Official is welcome. You do not need to be al, member to atten . To the erson receivin this notice, please distribute to t e ayor, ouncT em er, CTty Clerk, and Manager or Administrator. REMINDER: .The November meeting will be hosted by the City of Oskaloosa. Please fill out and mail (or telephone) your reservation by October 17. Send reservation to: Bev Delveau City of Muscatine City Hall Muscatine, IA 52761 (319) 264-1550 Number of Reservations City or Associate Memb Secr�Wor reast Finance Director of Burlington A"? HIGHLIGHTS op,THE UNIVERWY OF IOWA C! _..., ' IOWA CITY, IOWA 52242 August -September 1988 Office of University Relations UI President Hunter R. Rawlings III has appointed two committees to conduct nationwide searches for the positions of vice president for academic affairs, and vice president for research. His goal is to have the posts filled by late spring. Fall enrollment is 29,230, up 97 from fall 1987. Minorities now comprise 6 percent of the student population, up .4 percent to a total of 1,770. Law College Dean N. William Hines reported a record high enrollment of minorities --16 percent of the first-year class. The Roy J. Carver Charitable Trust has given $5 million to the OI Foundation. The funds will be used by the College of Medicine for fundamental biomedical research, using the techniques of molecular biology and immunology. The gift moves the Iowa Endowment 2000 campaign past the halfway mark toward its $150 million goal. A OI biochemist. Professor Joseph Halder, will lead a new $4.6 million National Institutes of Health -financed multicenter project to develop a blood substitute which would reduce the risk of contracting such diseases as AIDS or bepatitis through blood transfusions. More than $1 million in state lottery funds will be used to underwrite three UI biotechnology research projects. The grants were approved by the Iowa Department of Economic Development. A UI multidisciplinary research team is joining with Iowa State University researchers and the City of Cedar Rapids in a $1,225,000 project to develop and teat ways to convert fermentation by-products into useful new products and processes. President Rawlings says the OI is studying the feasibility of developing a 160 -acre research park on its Oakdale Campus to promote University research, enhance economic growth in Iowa, offer opportunities for faculty interaction with private research firms and assist in technology transfer. Thousands of persona visited the OI exhibit at World Ag Expo where UI Hospitals and Clinics staff performed 2,037 skin cancer checks, about 900 blood typings, 778 pulmonary function screenings, 358 cholesterol checks and thousands of blood pressure testa. An era has ended at the University with the retirements of Paul and Hualing Nieh Engle, who brought world fame to the UI with their work in the Iowa Writers' Workshop and International Writing Program. Chemistry Professor Landis Davis has been appointed acting associate vice president for academic affairs, and Dean of Students Phillip E. Jones has temporarily taken on added duties as acting director of special support services. (more) /S74 Highlights » PAP The Ul &In& has just published •A Pictorial History of- the Univ i of Iog ' John Gerber, eseritus professor of English, and three ' �ptp:.;J rs., 16P I1 -page hiatory of the University also features 325 Brack-andel-white ))6�o pha. UI Summer Rep played to 96 percent capacity this year for a run of 18 min -stage performances of plays written by the late British playwright Joe Orton. Unto -the -minute drug information is now available to physicians and pharmacists anywhere in the world who link their personal computers to a database provided by Iowa Drug Information Service at the UI College of Pharmacy. Thanks to a National Soience Foundation grant. UI faculty, students and researchers will soon have access to affordable, high-speed data communications that will link major research universities in seven Midwestern states to a national communications netvork. A $012.000 federal grant will keep the UI in the forefront of International education, providing support for research and teaching in International development, communications and professional studies. John W. Colloton, director of UI Hospitals and Clinics and assistant to the president for statewide health services, has been selected to serve on the national Advisory Committee for the Programs to Strengthen Nursing for Improved Patient Care. Dr. Michael J. Brody, professor of pharmacology and associate director of the UI Cardiovascular Center, has been awarded a Wellcome Visiting Professorship in the Basic Medical Sciences for 1988-89. One of 21 nationwide recipients of the coveted award, Brody will visit the Health Science Center at the University of Teas in San Antonio. A prominent physician and medical educator from West Germany. Dr. Fritz K. Beller, has been named the first William C. Keettel Professor in the UI College of Medicine Department of Obstetrics and Gynecology. Judith P. Aikinassociate professor of German, has been awarded a fellowship to do postdoctoral research on German opera. The program is funded by grants from the Ford Foundation, Andrew W. Mellon Foundation, the National Endowment for the Humanities and the Pew Charitable Trusts. Four 01 Hospitals and Clinics physioians--Barry Anderson, Rudolph P. Galeak, Jennifer Nlebyl and Frank Zlatnik--are among Good Housekeeping magazine's 0107 Beet Doctors for Women.* They are professors in the OI College of Medicine. Dianne Murphy, assistant athletic director at Kentucky State, has been named assistant director of Women's Intercollegiate Athletics at the UI. Three Iowa women's basketball games will be televised live on e statewide network this season. The Hawkeyes recorded the nation's highest average attendance increase in women's basketball for 1987-88. 1570 City of Iowa City MEMORANDUM DATE: October 14, 1988 TO: Memo for Record FROM: City Manager RE: Material Sent to Council Only Two articles from Susan Horowitz: a. Cutting Trash Dawn to Size b. Corporate Investors Helping Low -Income Housing Plans Letter from Iowa Illinois Gas and Electric Company re installation of transformer on Washington Street. Information re The Children's Agenda. Copy of Kegger Ordinance Draft of Planning and Zoning Minutes of 10/6/88 distributed at informal Council session 10/17/88. -sent mor recy fin 'I It ft ericanathroweiviayllIblilloddis.. packaglng,soas'6&6ia3i':Oievolume i6ir4.to D.billimperisand 2bilhonraii6ri WAIW;lasUcs can be mia-dibiodeg'raidabK-but an annual nual 1.300 p I obf& of ho . us . e; then . they . can't be recycla In ifiy-c*_% 6en bW&- . .1., watxLY et accepta..b Ie',' . p",. :_Sradable material Hke'popercloeon't decompose art last disappearing because of ,'gnuib In Ailindfill WciuseIhere-lan't enough mols- Wdaf - standards; and oppgaluag jujra to7incourage decomptiditiort-, In shark quick karbagepi,*,b.LzM'AreM'rdtotirld ental Protection Age iiy has ftolr lncifieiitlon;coinveAi`,jsrbage.ti:iop*, and *4gy .6 even 11W,p ge.proper'.op Ion can control efulsaloni.of dioxin , *19 require some painful *64;gasesjo.;Ad,epfablylow limitai- But the townships. plants are expensive the F presence not gen- cent"of household gaibegi4s erally welcome(Ult's'ofie'Oft W. the tP,t. to set t]Qoercentisburroidl.*.WlG'per.', A r' CM- t . incineration 46jaij)i6'iz it national s�*clmnol-long bo6tlmkjQ( die"-wIquIti-another for':bah 'kuih6rIll6 to MW , o peraflhg,'a 6iird*lll,&W!Kjd'iW."relobod,6ods*iiltngtoiceeptikinerators. ?A wimts the share of garbage Even'Ifrecycling and Incineration of garbage drop by quarter by 1994 with'! -can be slivilfi(iifi*lin'ci66od,'ihdri.*tll'stilI be a cinerated or recycled. need forneW landfill sites. Yet a recent survey in. thwo-with'comisideii* . : r mom al. New Yokliffolled toldentily any suitable Mies within !a I dy been'sdopted byatate , 9 like. rw'm upstate counties, . . . after Oft national tor- r r6tected.areas' lad iiaieliolda to a 1.571 9 rate,Tnve :�I�'ow-Ii�con%g NEW,YDRrC. OcL'10 —�A nwprogt. • {rouphu.n sed mora lhapg50 million from corporate Investor Io create low- income housing In New York jWifor_ . ala„ Minnesota, Mlsaourl, and other stales, officlals olthe group say.' •'-'- PW `•-'.'the carposalims.wlll ears a profit from their Investment In the form of -.,Fraknl :.late..eredlb, . which were createdn.1f188;W finance bw•Meeme -' housing. Ole norygq(Q Wg�ppuuRp, the Local initla- --uvea sunmrt�Comoratlon, is lo•`des taiuri,Mirieesotaand elsewhere, lheh,04s,ng.1,, 1 In Neer Yoik Clly, el a news confer-. ..Under'Ihe,l ante In 13•rooltlyn, It will also announce b nrlon's that 11 hes raised another 175 million— earn lax cred', mon:lllan130 pereentpf the moneyof 157 percent needed @a create 1po apartments for 10 m low•lncome families In the city. In all, l3 mi :,`,s`::.•'.'A Crl1kal glllesloae'� NYork; in, plelecellidne{ et' e�rWe have,madied�.a cdocal mike- Insunnd.^Ct apt{oon�e,, PaulSGroilan,Ihepmldenlof t> lfie Dirt �iul lnkiatity" atorort, sold in an tai York, Ule+Ir -, ilerviei�.•"Dfe lrk#hheem was to market Pgrcr Inc. iw ..)tial for all Ihaecompanka was an r.Grogajjfi ,e lmorthodoxinveslsneaN.•'.'; .r. 'The lax tell ntlom r'a:r`The New,York effariealld (dr, Ilio •.'W • • �app?ri l corporallowle, help ArnmCe ks.o;play-r ....:t(..: ..,..rue a y-$ :.a "•rn le. uniln,wlll go f,$tJGM outs ...... 10 es .. antra WHI to a return to:orne cor- [a, doing, good and me 11'me," mid Mr. so board chairman ves support Corps- /5- IOWA -ILLINOIS GAS AND ELECTRIC COMPANY DAVENPORT, IOWA August 31, 1988 Frank Farmer, City Engineer City of Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Mr. Farmer: Iowa -Illinois Gas and Electric Company hereby requests the City of Iowa City to grant permission to install a padmount transformer in the sidewalk area on the north side of Washington Street. The center lines of the transformer will be approximately 100 feet east of the centerline of Clinton Street and 28 feet north of the centerline of Washington Street. The transformer will be similar to the transformer shown on the accompanying photographs. The photographs were taken at various angles and show the site with and without the transformer. The transformer was temporarily set on the sidewalk, at the location we are requesting, and was removed after the pictures were taken. This transformer is necessary to serve the electric requirements of buildings adjacent to the southwest corner of the block bounded by Washington, Clinton, Iowa and Dubuque Streets. Iowa -Illinois is planning to provide electric service to the buildings in this block from the front, street side, of these buildings. We are presently serving most of the buildings along Dubuque Street from a padmount transformer on Dubuque Street between Washington and Iowa. We also have two padmount transformers on Iowa between Clinton and Dubuque that will serve the buildings along Iowa and a portion of the buildings along Clinton between Washington and Iowa. The transformer site we are requesting will serve the buildings along Washington and the remaining portion of the buildings along Clinton. We are planning to connect buildings to these transformers as the buildings upgrade their electric service in the future. The present electric facilities we have in the center court, which is at the rear of the buildings, in this block cannot be expanded due to space limitations and clearance problems with overhead wiring. It is planned to some day have all of our overhead facilities removed from this court area. This will provide additional space for tenants of the buildings and a safer area for firemen if a fire were to occur. I a S' POST OFFICE BON 635D, 206 EAST SECOND STREET. DAVENPORT, IOWA 52BOE 7 Page 2 Frank Farmer Letter - 8/31/88 IOWA -ILLINOIS OAS AND ELECTRIC COMPANY If there is any further information you require, please let me know. KGT/caf Enclosures CC: J. F. Duffy T. T. Hoogerwerf J. E. Mack Sincerely, 9C'L Z-4 K. G. Taube Electric Design Division i, I I1 Current cost of a 750 kVA padmount transformer $10,600.00 Current cost of a 750 kVA submersible transformer $21,200.00 A second submersible transformer would have to be purchased $21,200.00 Transformer vault for submersible transformer $14,000.00 Cost for a submersible transformer installation is approximately 5.3 times the cost of a padmount installation. KGT:mr 8/31/88 I I i i The size of the transformer shown on the photographs: Height - 65" Front to back - 48" Width - 71" The size of the low profile transformer we would use: Height - 55" Front to back - 64" Width - 67" KGT:mr 8/31/88 /S?3 I Z � i i /S?3 LET'S GET SEE YOU THEN ' I I i 6 i / THE CHILDREN'S AGENDA PROGRAM October 19, 1988 Iowa City Public Library I. Introduction: Bob Welsh II. Welcome: Carol Thompson III. Keynote Address, "A Legislative Perspective of Children's Issues" presented by the Honorable Jean Lloyd -Jones IV. Report on the Status of Children/Youth in the Community; presenters: Sally Stutsman; Community Coordinated Childcare (4Cs) Ann Riley; Handicare Mary Richard; Before & After School Program Jim Swaim; United Action for Youth Bill McCarty; Youth Homes Barbara Curtin; Big Brothers/Big Sisters Joan VandenBerg; Willowcreek/Cedarwood Neighborhood Center Pat Meyer; Domestic Violence Intervention Program Jay Cayner; United flay V.You Can Help with the Agenda! A sign up card has been given to you. You may sign up for a project today or return it to Pam House (address below). VI. Questions, Comments, Suggestions Please feel free to add your agenda items. Your input is valuable, so share your thoughts and ideas. VII. Conclusion: the Children's Agenda Committee If you have questions or want a speaker for your group, please contact The Children's Agenda coordinator: Pam House 911 North Governor St. Iowa City, IA 52245 Ph. 356-6050 This meeting is co-sponsored by: the Ecumenical Consultation, 4Cs, and the Iowa City Public Library /57f YOU CAN HELP! Attached you will find a listing of ways you can help. They are not listed in any order of priority. There are 17 items to which you can contribute money. No gift is too small and none are too large. There are seven areas in which volunteers are needed, five areas that need persons who will serve as advocates. There are two programs that need space and two programs that need sponsors. In all there are 33 items listed. This is not an extensive listing, but it represents a point of beginning. Five areas need a task force to study the area, develop a strategy, and specific ways to address the concerns in that area. You as an individual may wish to join in this planning process, or your group may wish to serve as resource -people on a task force. Some -of these items may appeal to an individual, to a club, a congregation or parish. Others will need funding from governmental units and/or foundations. We are convinced that we, as a community, can address these needs. We are convinced that we will. If you or a group to which you belong are willing to help: a) Check your areas of interest on THE SIGN UP CARD and turn them in or mail them to: Pam House, 911 N Governor, Iowa City, IA 52245. b) Call Pam House at 356-6050, if you desire more information. (Example a listing of toys needed at this time) You will be contacted by the appropriate agency or coordinator. Your help is needed! And it will be appreciated. The Children's Agenda Committee: Bob Welsh, First Christian Church Sally Stutsman, 4Cs Carol Thompson, Department of Human Service The Children's Agenda coordinator: Pam House, 356-6050 THANK YOU! 7 Specialized toys (Lekotek) for the Associationof'Retarded'Citizens.to lend tn'diea6761 tia� �_ ,,.._ _. PROJECTS FUNDS NEEDED . 1. Milk for the Domestic Violence Intervention Program.. - Usage,- 72 gallons, approximate cost,$110. 2. School Supplies throughout the year. Administered by the school nurses. 3 .Toys for-Community 'Coordinated Child Care to lend to, day care and ,homes. _.. centers 4 Childcare,shcolarships J , Cost averages $175 ,$200 per month 5 r i „ Clothing for those 9n foster. homes.and.residential facilities The _$15'a month allowed is not enor- ugh $300 to $600needed2 for5 *, teens): . 6_ Diapersjor,Oomestic Violence Intervention Project - r 7 Specialized toys (Lekotek) for the Associationof'Retarded'Citizens.to lend tn'diea6761 tia� �_ ,,.._ _. is7t r r i t �1r � EL Jrf ci > z' /-I TASK FORCE -Task Force on Childcare: Affordable, quality childcare available for all children regardless of age or type of care required. Considerations: -Night/Weekend services to parents -Girls' club/Boys club -Childcare scholarships Comprehensive respite care program for families under stress Therapeutic day care -Non-traditional childcare - Bay.care.opportunities for "problem" children and better methods of .supervising them -Infant childcare -Appropriate after-school programs for older children Before and after school programs in all schools -Task Force on Public Policy: This task force will consider changes needed:in federal, state and local policies so services can be offered to_children. Examples: Zoning 'for childcare, changes in local ordinances `-Adequate income for every family -Law changed so childcare referral agencies have access to registry checks on potential care providers Better family day care regulation, drafting local ordinace for Improving regulation. Changes -in Iowa Code to -shorten the time children spend in foster care before 'adoption'and allow.for permenant"foster care of older children' A'change'in the school laws, allowing children who move a lot to accrue credits,so they don't get behind -Class action suit against the state for mandating services and then not providing the funds necessary to carry them out -Task Force on Support Services to Childcare Providers: This task force will examine ways to provide better support and community appreciation to childcareworkers. -Childcare support services year around Training and support for childcare providers -Better pay, better respect, etc. for childcare providers at all levels -Substitute pool for childcare providers /s7�4 Task Forces Task Force on the Problems of Youth: This group will consider the needs of adolescents in our community. -Place for youth -teen center After-care services for ChINA/delinquent children -Lower institutioned population -Transitional independent living services -Vocational programs for teens ,Educational help for children at high risk of dropping out Better support for youth employment Educationalsupport for all disadvantaged children -Supports for adolescent parents of pre-schoolers -Task Force on Coordination of Children's Services: To facilitate coordination.of:,services to children among the agencies and with the greater community• -Emergency Assistance coordination Improved communication between agencies. assuranceathat. STD/AIDS-a:areness/prevention is baing.addressed to all children in the community. 157 teoz �i �., THE CHILDREN'S AGENDA II I,would like someone to speak to my'group/organizationabout the ORDINACE NO. AN ORDINANCE MQDING CWIPTER 5 OF TIE CITY COD` BY ADDING ARTICLE III TIERETO FOR THE R)RPOSE OF REM- LATING EVENTS WWA WE TWW ONE BEER KEG TAPPER IS TO BE WED AT OR ABOUT TIE SME TAE BY DTNER 1WW A LICENSED BEER PERMITTEE ON PREMISES LICENSED FOR TW SALE OF BEER; REQUIRING A MNIT TO BE OBTAINED PRIOR TO THE HOLDING OF SUCH EVENT AND SPECIFYING TIE CODITIOS AND STANDARDS FOR TIE ISSLANCE OF SAID PERMIT; REQUIRING a O,REWOPERATOR OF ANY VEHICLE USED TO DISPENSE BEER TO NOTIFY THE POLICE fEPARAENT AT LEAST FORA' -EIGHT (48) EDRRS IN AD- VANCE OF THE USE OF SUCH VEHICLE; PROVIDING fSPON- SIBILITY AND LIABILITY FOR ANY LOSS, DAMAGE OR IN,IIRY UPON 11E PEIAIIT HOUR AND PROVIDING PENAL- TIES FOR VIOLATION OF THIS ORDINANCE. BE Ii ORDAINED BY TIE CITY COIICIL OF 11E CITY OF IOWA CITY, IOWA, THAT: SECTION I. RTRPOSE. The purpose of this ordinance is to regu ate events where beer is servei or made available by a Arson other than a licensed bee" permittee on penises licensed for the sale of beer and to regulate the dispensing, sale or service of bee' from any vehicle used to dispense beer. SECTION II. ANENN]NENT. Chapter 5 of the Code of Ordinances o ,ty of Iowe City is hereby anended by adding thereto the following new Article III, "BEER LEGGER REGULATIONS.": ARTICLE III. BEER ISR FER U11IONS Sec. 5-50. Prohibitions. The aver/operator of any vehicle used for the sale or dispensation of beer is prohibited from such sale or dispensation upon the public streets, highways, parks or public grounds of the City of Iona City. Any Person sponsoring any event or gathering Where more than one (1) beer keg tapper is to be used at or about the Bare time is prohibited fran holding such event or gathering without first ob- taining a permit therefore to be issued by the city clerk of Tae City or the city clerk's duly author- ized representative. This permit requirement shall riot apply to such everts or gatherings held on a licensed p -anises by a liquor licensee or beer permittee. As used in this Prticle, the term "beer keg tapper" shall neap any apparatus used to draw or remove beer from a keg. Section 5-51. Application for permit. Any person seeking issuance of the permit required by this Article shall file an application in the office of the city clerk of Iowa City at least one (1) week I Ordinance No. Page 2 prior to the date of the proposed event or gather- ing. The application shall be made on a form sup- plied by the city clerk and shall contain: 1. The name and address of the applicant(s) desir- ing to sponsor the event. 2. The name and address of each person sponsoring and/or organizing the event, if any. 3. The day and the period of time far which the permit is desired. 4. The proposed location of the event. 5. the number of kegs of beer which will be avail- able for attendees. 6. An estimate of anticipated attendance by guests, invitees, participants, or others. 7. Specific information showing compliance with the requirements of Section 5-52. B. Ph agreement by the applicant to indeonify and hold the City harmless from any and all liabil- ity resulting from the holding of such event. 9. my other information which the city clerk shall find reasonably necessary to a fair determinati- on as to whether a permit should be issued. The police chief or his/her representative shall review said application for the purpose of making a determination as to whether all requirenents as provided for herein for the issuance of a pent have been or are canplied with. Based upon such review, the police chief shall recammerd approval or denial of the application and shall sign the appli- cation form; if denial is recamended, the police chief shall list the reason(s) for such recorneda- tion. Section 5-52. Pannit requirements. In order to obtain a permit, the applicant must comply with or make adequate assurances of intent to comply with, the following requirenents: 1. A trash container or trash containers equaling 50 gallons in volare must be provided an the site of the event for each 50 people expected to attend the event. 2. Oe (1) restroom/toilet facility either perma- nent or tepaary must be provided on the event site for each fifty (50) people Expected to attend the event. 3. The boundaries of the event site shall be clearly and visibly narked or roped off. 4. A noise level will be maintained that is not disturbing to neighbors or persons residing within a radius of six -hundred (600) feet of the event. 5. A person or persons shall sign the application as applicant(s), and such person(s) shall there- after be responsible for meeting the require- ments of this ordinance and shall be responsible I 7J Ordinance No. Page 3 for the event itself. Said person or parsons shall be hereinafter designated as `permit holder(s)." 6. The permit holder, or at least one of the per- sons so designated on the application, shall be Present on the premises vhere the event is to be held durirg the entire period of time that the event is operating. 7. A uniformed security officer shall be continu- ously present on site during the event if the event attracts more than one hundred (100) guests or participants, and an additional uni- formed security officer shall be provided for each additional fifty (50) guests or partici- pants attending the event. 8. The permit holder shall, at least one week prior to the date the event is scheduled to camence or occur, provide to the city clerk a certifi- cate of insurance evidencing drashop liability insurance coverage as provided by 5150-5.8 of the Iove Pdninistrative Cade. Failure to prwide evidence of such insurance shall be grounds for revocation of the permit. 9. Payrrent of a permit fee in the anount of t•J,enty-five dollars (1,25.00) for eadr twenty-four (24) hour period of the event or any fraction of a twenty-four (24) hour period thereof Section 5-0. Issuance of permit. The city clef or his/he- duly authorized representative shall issue a permit as required by this Prticle when the police chief or his/her representative finds: a. The event will not unreasonably interfere with or detract from the general public or private enjoyment of the neighborhood vi -ere the event is to be held. b. The proposed evert will not unreasonably inter- fere with or detract from the promotion of the public health, welfare or safety. c. The proposed event or use is not reasonably anticipated to include crime, violence or disor- derly conduct. d. The event will not entail unusual unanticipated, ectraordinary or burdensane ecponse to the City of Iove City. e. the event will comply with all rahuirenents as provided for herein. f. In the event a permit application is donied, the applicant may appeal the denial to the city manager pursuant to the procedures set forth in Section 2-184, et seq., of the Code of Ordi- nances of the City of love City. 1S7S_ Ordinance th. Page 4 Section 5-54. hermit holda-'s responsibilities. The permit holder shall be responsible for the following: a. The prnpt clean up of the event site, including the streets and other property, public or pri- vate, adjoining the event site on all sides. b. Displaying the permit issued in a conspicuous place on the evert site. c. Assuring that all city ordinances and statutes of the State of Ione concerning litter, open liquor or beer containers, parking, noise, dis- turbances of the peace, serving beer or liquor to minors or intacicated persons, or any other ordinances or statutes %#ich have an .effect on the evert are cmpl ied with. Section 5-56. kvocation of permit. (a) The police chief or his/her authorized repre- sentative shall have the authority to revoke a permit issued under this Chapter upon finding (1) that there has been or will be a violation of this Chapter, or any other provision of the Cade of Ordinances of the City of Ioe City, or of any provision of the Iowa Code in connection with the holding of the event; (2) that the event is creating or will create a threat to pblic health, welfare, or safety; (3) that the event is creatirg or will create a public nuisance, or (4) that there has been a material misrepresentation in the application of any fact or assurance that would have constituted grourds for denial of the permit. (b) If the permit is revoked prior to the day the event is scheduled to camenre, notice of revocation shall be given in vritirg to the applicant, or to any sponsor or organizer, stating the reason or reasons therefore, and indicating that the applicant, sponsor, or organizer may seek administrative review of such revocation by making written application therefore to the city manager. Such adninis- trative review shall be conducted by the city manager prsnant to the procedures set forth in Sections 2-184 through 2-1T of the City Code of Ordinances of the City of Iowa City. (c) The permit may be revoked during the event or, on the day it is scheduled to carmece, if the event presents or will present a clew and imminent threat to public health, welfare, and safety. tbtice of such revocation shall be delivered to the permit holder or to a sponsor or organizer or to the person in control of the site vhere the event is being held. 9 Ordinance No. Page 5 (d) tkoon receipt of notice of revocation as de- scribed in subsection (c) herein, the person receiving such notice shall immediately cease or cause the cessation of dispensing of beer on the premises and shall cause all guests or invitees to leave the prenises. Failure by the Permit holder, a sponsor or organizer, or the person in control of the premises to conply with this requirement shall constitute a misde- meanor. Failure by a guest or invitee to leave the premises Ween requested as herein provided shall also constitute a misdemanor. Notwith- standing the foregoing, the permit holder or any sponsor or organizer of such event, may seek adninistrative review of such revocation by making written application therefore as provided in subsection (b) above. (e) my applicant, organizer, or sponsoring person or organization, Whose permit to hold such an event has been revoked, shall not thereafter be entitled to obtain another such permit for a period of ore year. A permit shall rot be issued for such event for any premises Wherein a prior permit was revoked within a period of one year prior thereto. Section 5.56. Ordinances/statutes to apply. A permit holder shall be bourd by all applicable ordinances of the City of Iowa City and all applica- ble statutes of the State of Iona as fully as though the same were actually inserted in the permit it- self, including those ordinances or state statutes requiring permits or licenses for the sale of beer. Section 5-57. Indemification. The holder of a permit issued under this Article shall be liable for any loss, dmMe or injuries sustained by any person or the City of Iowa City arising out of or resulting dram any negligence of the permit holder or any other persons attending the event. The application for a permit shall contain a praision pursuant to which the permit holder as - sums full responsibility for and agrees to defend and idemify the city against and save it harmless from any liability Whatsoever arising from the negligence of the permit holder or any person at- tending the event or from the event itself. Section 5-58. responsibility of property omen. It shall be unlawful for a property owner or person in legal possession of real estate to permit or allow an event as described in Section 5-50 of this Article to be held on said real estate unless the permit required herein is obtained, it shall be the responsibility of a property omer or a person in possession of real estate to make sure that all requirements as set forth in this Article are met /s7s I Ordinance No. Page 6 and Implied with. Failure to do so shall be can- side•ed a violation punishable as hereinafter pro- vided. Section 5-59. Dispensation of beer by vehicle. It shall be unlawful far the owner/operator of any vehicle, upon or in which more than one (1) keg of bee- can be used to dispense beer, to fail to notify tfm city clerk and police department of the City of Iowe City at least forty-eight (48) hours in advance of said vehicle's use in dispensing of beer. Said owner or operator shall also advise the city clerk and police deparbnent of the number of gallons of beer estimted to be dispensed and the location of such dispensation. SECTION III. PENALTY. The doing of any act prohib- ited or declared to Ee unlawful or the anission or failure to perforin any act or duty required by this ordinance is hereby declared a stple misdeueanor and punishable as such upon conviction. SECTION IV. f€MUR: All ordinances and {arts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not ad- judged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE: This Ddinance shall be in effect after W—M-1 passage, approval and publication as required by law. Passel and approved this MAYOR ATTEST: CITY C9;F_ /51. DRAFT MINUTES FORMAL MEETING PLANNING & ZONING COMMISSION THURSDAY, OCTOBER 6, 1988 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Clark, Cook, Cooper, Dierks, Hebert, Scott, Wallace MEMBERS ABSENT: None STAFF PRESENT: Beagle, Boyle, Kritz CALL TO ORDER: Chairperson Scott called the meeting to order at 7:33 p.m. RECOMMENDATIONS TO CITY COUNCIL: j 1. Recommend denial of an amendment to the 1983 Comprehensive Plan Update to change the lane use classification of 528 and 530 Iowa Avenue and 15 North Johnson Street from Residential: 25+ Dwelling Units per Acre to Mixed Land Use. (Z-8810) i j 2. Recommend denial of Z-8810 of a request submitted by the University of Iowa Community Credit Union to rezone property located at 528 and 530 Iowa Avenue and 15 North Johnson Street from RNC -20 to CB -2. 3. Recommend approval of an ordinance permitting manufacturing uses in commercial zones to have accessory uses. 4. Recommend approval of a request submitted by Dr. Jack Moyers to vacate Loos Street, an unimproved street, extending between Black Springs Circle and Rocky Shore Drive. (V-8806) 5.. Recommend .approval of 5-8419, a request submitted by Clear Creek Investment Company to vacate a portion of Clear Creek Subdivision in northwest Iowa City. (5-8419) PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was no public discussion. CONSIDERATION OF THE SEPTEMBER 1 AND SEPTEMBER 15, 1988, MINUTES: i Dierks moved to approve the minutes of September 1 and September 15, 1988, as printed and circulated. Cook seconded the motion. The motion carried 7-0. ZONING ITEMS: 1. Public hearing on an amendment to the 1983 Comprehensive Plan Update to change the land use classification of 528 and 530 Iowa Avenue and 15 North Johnson Street from Residential: 25+ Dwelling Units per Acre to Mixed Land Use. 1576 N r - MINUTES FORMAL MEETING PLANNING & ZONING COMMISSION OCTOBER 6, 1988 PAGE 2 Beagle stated that he no new information to present to the Commis- sion. Chairperson Scott reconvened the public hearing on an amendment to the 1983 Comprehensive Plan Update. Gary Appleby, U of I Community Credit Union, explained to the Commission the rapid growth of the University of Iowa Community Credit Union in the last month. Appleby indicated their drive- through customers often extend into the alley causing congestion problems at the present location and the Credit Union's desire to properly serve their members and not cause traffic congestion in the adjacent alley. Pat Eckhardt, 514 North Linn Street, expressed her desire of seeing the amendment denied by the Commission and to maintain the current zoning, RNC -20. Eckhardt concluded by stating that while a business can move, a neighborhood cannot. Kim Marker, 604 Iowa Avenue, stated that he agrees with the first speaker and that the Credit Union should be the one to suffer any inconvenience and not the neighborhood. Marker continued and related information concerning the renovation of the house the Community Credit Union's first occupied before constructing their present facility. Marker explained that while the Credit Union did pay for the renovation of that house, it does not appear they paid for moving the house to its new location on Washington Street, but rather the record seems to indicate that the person who bought the home paid the moving cost. However, Marker did indicate that the records were incomplete. Marker continued and explained that he does not feel the Credit Union would actually move the two homes on Iowa Avenue unless someone would be willing to pay for the houses and move them. Marker concluded by saying that his home and others in this area are of architectural significance, because they exist in context with each other and that they deserve not to be razed as many other homes have been in Iowa City. Carol Spaziani, 529 East Washington, asked the Commission whether the Central Business District was planned to expand eastward. Scott replied that there were no plans to move the commercial district to the east. The present Comprehensive Plan designations were intended to delimit the expansion of the downtown. Ginalie Swaim, 1024 Woodlawn, stated that she and her husband had purchased an older home in the area and opposes the Credit Union's plan as it would disrupt the residential nature of the area and would permit an eroding of the residential nature by permitting commercial uses. Sandra Eskin, 1047 Woodlawn, stated that she opposed the proposed zoning change and the amendment to the Comprehensive Plan Update as the RNC -20 zoning was intended to protect residential areas from commercial encroachment. Eskin stated that she feels that the Credit MINUTES FORMAL MEETING i PLANNING & ZONING COMMISSION OCTOBER 6, 1988 PAGE 3 Union has been sporadically growing and is opposed to any further expansion by the Credit Union. Donald Macfarlane, 943 Iowa Avenue, stated that he was opposed to the proposed rezoning because allowing homes to be rezoned and destroyed sends a bad message to other homeowners concerning the upkeep of their homes. Macfarlane continued and said that if the Commission were to deny this request, it would send a strong message that they support the neighbors' efforts in renovating their homes. Nancy Seiberling, representing the Johnson County Heritage Trust, stated that she agrees with those who opposed the destruction of the homes. Seiberling continued and related how 1989 will mark the 150th anniversary of Iowa City. Seiberling urged the Commission to consider the historical nature of this area and to protect them. Fred Krause, President of the U of I Community Credit Union, stated that the Credit Union office building was an improvement over what was currently existing as the area was not in particularly good shape. Krause stated that both homes on Iowa Avenue have firm offers to be purchased and moved. Krause also stated that the Credit Union does not intend to move across Johnson Street in any future expan- sions. Krause concluded by explaining the operations of the Credit Union and how this differs from a regular commercial bank. Dierks asked whether the Credit Union intends to expand office space by enlarging their current building. Krause replied that they planned to fill in the area of the drive-thru lanes to make more office space and relocate the drive-thru facility on-site. Dierks inquired as to how many homes were moved when the Credit Union originally developed the site they now occupy. Krause replied that the Credit Union moved three and tore down three, two of which were abandoned homes. Cook asked Krause what the Credit Union's contingency plans were if the Commission were to vote this item down. Krause replied that to his knowledge, as CEO of the Credit Union, there were no contingency plans. Steve Greenleaf, attorney for the Credit Union, stated that he was concerned that the vote be made on this particular proposal for this particular use and not consider long-range consequences of this decision. Greenleaf continued and said that what may or may not occur in the future has no bearing on this particular issue and that the Commission should look at whether this proposal would change the neighborhood, which is already a mixed use area. Greenleaf explained that he feels that zone boundaries are a judgment call in regard to what is best for the protection of the neighborhood. Greenleaf concluded by stressing the need for the Commission to consider this item within the context of this particular property and their proposal. Corrine Sutter, 609 Brown, inquired as to what taxes the Credit Union pays. Sutter explained that she was in objection to the zoning change on historical grounds and feels that to approve this rezoning would be just the beginning of commercial encroachment into the neighborhood. 1S 7(o MINUTES FORMAL MEETING PLANNING & ZONING COMMISSION OCTOBER 6, 1988 PAGE 4 Ginalie Swaim, 1024 Woodlawn, stated that in reply to comments by Krause, that old houses can never be built again and that change can be accepted in older neighborhoods, if older homes are being preserved and adapted for student housing or professional offices. The important thing, she said, is the retention of existing housing stock to preserving desirable neighborhood characteristics. Connie Sayre, 1033 Woodlawn, stated that she was opposed to the proposed rezoning and related how Iowa Avenue was at one time a depressed area, but recently has been experiencing significant improvement. Kim Merker, 604 Iowa Avenue, related how his property was at one time rundown, but has been renovated and objected to Krause's contention that these types of homes are worthless. Donald Macfarlane, 943 Iowa Avenue, reiterated that homes can be and are renovated on the eastern end of Iowa Avenue and will someday move westward toward the Credit Union if not prevented by commercial expansion. Sandra Eskin, 1047 Woodlawn, stated that she does not feel that a duplex or a bed and breakfast would be any less of a desirable use than single-family in this area. Chairperson Scott closed the public hearing at 8:28 p.m. Cook moved to approve the amendment to the 1983 Comprehensive Plan Update to change the land use classification of 528 and 530 Iowa Avenue and 15 North Johnson Street from Residential: 25+ Dwelling Units per Acre to Mixed Land Sse. Wallace seconded the motion. Cook stated that there was a need to have cooperative effort between the competing interests in order to save the neighborhood. Cook also stressed the need for adaptive reuse and that the Credit Union could undertake other avenues to make neighborhood friends through creative financial tools. Cook continued and commented on the possible uses for older homes including professional offices, moving the houses and even demolition if the homes were not of historical value and were beyond feasible renovation. Cook stated that change is inevitable, but it must be done in a responsible manner. Cook concluded by suggesting that Planning staff could develop new tools to enable the Planning and Zoning Commission to deal with these types of issues in a more flexible manner. Cook mentioned changes in the Zoning Ordinance, use of CDBG funds and tax incentives. Roll call vote: Clark: yea, Hebert: nay, Dierks: nay, Cook: nay, Cooper: nay, Wallace: nay, Scott: nay. The motion failed 1-6, with Clark voting in the affirmative. 2. Z-8810. Public discussion of a request submitted by the University of Iowa Community Credit Union to rezone properties located at 528 and 530 Iowa Avenue and 15 North Johnson Street from RNC -20 to CB -2. i MINUTES FORMAL MEETING PLANNING & ZONING COMMISSION OCTOBER 6, 1988 PAGE 5 Beagle reported that staff had nothing further to add. Chairperson Scott noted for the record correspondence regarding this issue: Katherine L. Gillis in opposition; Nancy Seiberling in opposition; Patricia Eclshardt in opposition; Shirley A. Yurkonis in opposition; Gerald Mansheim in opposition; Elizabeth M. Voss in opposition; Cecilia Ridgeway in opposition; Caroline Hardesty in opposition; Ginalie and Jim Swaim in opposition; Debra Gore in opposition; Donald and Nancy Macfarlane in opposition; Dorothy W. Moeller in opposition. Wallace moved to approve Z-8810. Hebert seconded the motion. Wallace stated that this was the third time a request to rezone one of the three properties has come before the Commission. Wallace stated that twice before she had been the only member of the Commis- sion voting for the rezoning and that at those times she felt the house at 528 Iowa Avenue would remain and be put to a new use. Wallace continued and said that she does not feel that the encourage- ment of commercial uses was a valid concern. Wallace concluded by saying that she did feel the expansion of the Credit Union would sig- nificantly change the neighborhood. Dierks stated that she will vote against this item and that she feels that the housing stock of Iowa City must be maintained and that other avenues should be explored to provide incentives for renovation of older homes. Cooper stated that he will also vote against this item because the line defining the zoning boundaries has been one drawn, and there are substantial reasons for its placement. Scott complimented the Credit Union as a corporate citizen, but stated that this was not the issue at -hand. Scott continued and said that the previous vote was for the Comprehensive Plan amendment, for this area which is designed to encourage reinvestment by maintaining existing housing stock, preserving desirable neighborhood charac- teristics and putting a high value on protecting established neigh- borhoods from non-residential commercial development. Scott reviewed the purpose of the RNC -20 zone and noted that the zone was specially designed to prevent encroachment by high density multi -family uses and stabilize existing neighborhoods. Scott also reviewed the previous requests by Emmit George and the Iowa City Crisis Interven- tion Center and compared them to the current one. Scott stated that the only real change has been the applicant's name. Scott concluded by saying the public bodies must try to be consistent in their decisions and that he has tried to use the same criteria for each case and hope that as the previous two were voted down that this is also voted down. Roll call vote: Wallace: nay, Cook: nay, Cooper: nay, Dierks: nay, Hebert: nay, Clark: yea, Scott: nay. The motion was defeated 1-6, Clark voting in the affirmative. Cook moved to recommend to Council to deny a request submitted by the University of Iowa Community Credit Union to rezone properties /576 .y�114_.� •. MINUTES FORMAL MEETING PLANNING & ZONING COMMISSION OCTOBER 6, 1988 PAGE 6 located at 528 and 530 Iowa Avenue and 15 North Johnson Street from RNC -20 to CB -2. Wallace seconded the motion. 9. ■ MINUTES FORMAL MEETING PLANNING & ZONING COMMISSION OCTOBER 6, 1988 PAGE 7 Roll call vote: Dierks: yea, Cooper: yea, Cook: yea, Wallace: yea, Hebert: yea, Clark: nay, Scott: yea. The motion carried 6-1, Clark voting nay. Scott thanked those in attendance for their comments. 3. Public discussion of an ordinance permitting manufacturing uses in commercial zones to have accessory uses. Beagle reviewed the memorandum dated September 29, 1988. Cooper moved to approve an ordinance permitting manufacturing uses in commercial zones to have accessory uses. Hebert seconded the notion. The motion carried 7-0. OTHEROTHER-: I. V-8806. Public discussion of a request submitted by Dr. Jack Moyers To vacate Loos Street, an unimproved street, extending between Black Springs Circle and Rocky Shore Drive. Beagle reviewed the staff report dated October 6, 1988. Marlene Perrin, 212 Rocky Shore Drive, stated that her driveway was accessed Off of Loos Street and does not want to be shut off. She said that they y, parallelaccess Rockyeasement Drive, thatcross the front extendsfGillothe ver said tha property, to Loos Street. Richard DeGowin, 201 Black Springs Circle, stated that the request to I vacate is well founded and is in favor of the vacation. As one abutting property owner, Bud Strub stated that he has no I notobject also ection ttoo the vacation. He also aa the vacation. ChairpersonScottasked Legal rsstaff for assistance regarding Marlene Perrin's concern. Boyle replied that the City could protect Perrin's easement at the time of sale and is glad that Perrin informed the Commission of this information. Clark moved to approve V-8806, a request submitted by Dr. Jack Moyers to vacate Loos Street, an unimproved street, extending between Black Springs Circle and Rocky Shore Drive. Dierks seconded the notion. The motion carried unanimously, 7-0. 2. S-8414. Public discussion of a request submitted by Clear Creek Investment Company northwest Iowa City. to vacate a portion of Clear Creek Subdivision in Beagle reviewed the staff report dated October 6, 1988Beagle concluded by stating that staff recommended approval for this item. Chairperson Scott noted that the agenda was corrected so that this item is read S-8419. Cook moved to approve S-8419, a request /574 9 MINUTES FORMAL MEETING PLANNING & ZONING COMMISSION OCTOBER 6, 1988 PAGE 8 submitted by Clear Creek Investment Company to vacate Parcel C of Clear Creek Subdivision, which does not include the dedicated 33 feet of right-of-way along Camp Cardinal Road. Wallace seconded the motion. The notion carried 7-0. PLANNING & ZONING COMMISSION INFORMATION: 1. Beagle distributed the Fiscal Year 1988 Annual Reports. 2. Beagle alerted the Commission to an upcoming rezoning proposal submitted by the Press -Citizen. 3. Dierks reported to the Commission on how the City Council voted on recent Planning items. 4. Scott noted that Monday's Comprehensive Plan meeting was set for 7:30 p.m. October 10th. 5. Reading from the Annual Report, Scott informed the Commissioners that the Planning & Zoning Commission had met for 22 formal, 22 informal, two joint meetings with Council and two joint meetings with the Historic Preservation Commission. He said a load of credit goes to the Commission for their work. Clark moved. to adjourn the Meeting. Dierks seconded the notion. The motion carried 7-0. The meeting was adjourned at 9:19 p.m. Minutes submitted by Kyle L. Kritz. Approved by: Kenneth Cooper, Secretary 9 Reg uLaR Council meetwg o�fob� G, /c88 Y:30 P• M. "Please Sigh IN: NamE: dd ess: UO -k COK4n• �I�D IS UN10Ai 3. - lC �`V1ZY GUS lei�t (rFi 4. �c� , - �L;,,�.' .5-Z � �. Liu, �.�.•, ./.�� A M . , r'y a y ULJ 0-6 77) /o•�a''��/�1G-c�x�-�fi 1.\,% m 1/. �'l.tn•t...1 lift-- L '` �� .,�.' ,-u-av-y,..,� 0 1574 1 Informal Council Session October 17, 1988 Informal Council Session: October 17, 1988, 6:35 p.m., in the Council Chambers. Mayor John McDonald presiding. Councilmembers present: McDonald, Horowitz, Courtney, Larson, Ambrisco, Balmer. Staff present: Melling, Timmins, Karr, Schmeiser, Steinbach, Cain, Downer. Tape-recorded Reel 88-55, Side 2, 502-1; Reel 88-58, Side 1, 1 -All, Side 2, End -570. CONSENT CALENDAR: Reel 88-55, Side 2 Council agreed to add the Class C Liquor License for Rose & Crown Incorporated, dba The Polo Club, to the Consent Calendar. PLANNING & ZONING MATTERS: Reel 88-55, Side 2 A. SETTING A PUBLIC HEARING FOR NOVEMBER 1. 1986 ON AN ORDINANCE TO B. C. D. Schmeiser explained Loos Street is a platted but not constructed street and adjacent property owners have requested the street be vacated so they purchase their proportionate share of the right-of- way. Schmeiser stated the University of Iowa Credit Union initiated this request and Council will set this item for public hearing November 1st. TO CB -2. (Z-88101. See above item B. Schmeiser stated this ordinance is to correct an oversight in an ordinance recently passed by Council to allow manufacturing uses in the CI -1 zone. This ordinance provides for accessory uses to manufacturing in commercial zones where manufacturing is permitted. Horowitz asked for an example of how this ordinance would apply. Schmeiser said if there is a manufacturing use that wants to locate in a CI -I zone, they may want accessory uses, such as parking standards that have to be met, signs they may wish to erect, and office space they may want to include. Unless the ordinance is revised to allow accessory uses with manufacturing, these uses would not be permitted. _U-,2 7 MINUTES INFORMAL COUNCIL SESSION OCTOBER 17, 1988 PAGE 2 E. F. G. Schmeiser stated there is a request to expedite consideration of this item. Schmeiser stated this is first consideration for the University laser facility. Courtney asked if the City will receive any payment from the University for vacation of the property. Schmeiser said the property will be disposed of with a City Deed/quitclaim Deed which relinquishes the City of any rights of the property. Timmins explained the agreement is in consideration of the transfers. The University wanted a deed from the City and there is a question as to who actually owns the underlining fee title to streets that were part of the original platting of the Original Town. McDonald said Council has followed this procedure in the past. Schmeiser referred Councilmembers to a plat map of Parcels A, B, and C of land owned by Clear Creek Investment Company. Schmeiser stated Parcel C is partially located in the County; the subdivision was approved by the City but not the County; and plans are to vacate that portion of the plat that contains Parcel C so they don't have to get County approval. Schmeiser said the portion of Camp Cardinal Road which was dedicated to the City with the subdivision will be retained by the City. In response to Horowitz, Schmeiser answered that the zoning will remain the same in Iowa City and within the two-mile fringe area. CHILDREN'S AGENDA: Reel 88-55, Side 2 Pam House, Children's Agenda Coordinator, presented information about the Children's Agenda. House distributed a packet of information related to the Children's Agenda meeting, scheduled Wednesday, October 19, at 4:00 p.m. House said service provider agencies in Johnson County were asked what services and gaps in services need to be addressed when it comes to our children. House explained the suggestions received from those service providers were prepared into an agenda, then broken into two parts: projects and taskforces. House said the Children's Agenda Committee is comprised of Carol Thompson, Bob Welsh, Sally Stutsman, and House and there is currently no funding for the group. Horowitz asked if the Ecumenical group is involved. House explained that meetings were first held by Reverend Welsh's congregation; information was then presented to the Ecumenical Consultation; and the Ecumenical Consultation said they would become involved. House said the agenda will be presented at Wednesday's October 9th meeting. Ambrisco asked if funds will be MINUTES INFORMAL COUNCIL SESSION OCTOBER 17, 1988 PAGE 3 requested for the City. House said the City, specific groups and church congregations may be asked for money. Ambrisco inquired about the $110 milk costs for the Domestic Violence Program. House stated the $110 milk cost is a per month cost. Council discussed the Children's Agenda. House stressed the Children's Agenda is for all children, from all socio- economic groups and from all ages of youth. Patt Cain stated the Design Review Committee made a recommendation that the transformer be placed underground and the Iowa -Illinois Gas & Electric Company has requested the opportunity to discuss this with the City Council prior to the City Council taking any formal action. Cain distributed photos showing a transformer placed in the approximate location proposed by Iowa -Illinois Gas & Electric. Cain explained the proposed transformer for the site is ten feet lower, but wider and deeper than the one shown in the photos. Tom Hoogerwerf, District Manager for Iowa -Illinois, asked Council to give favorable consideration to Iowa - Illinois Gas & Electric's request for the aboveground transformer in the 100 block of East Washington Street. Hoogerwerf stated there are currently 36 aboveground transformers in and around Iowa City's downtown area, five of which are on sidewalk areas similar to the proposed location. Hoogerwerf explained that several years ago when Iowa -Illinois i Gas & Electric Company started undergrounding electric facilities in the downtown area, the plan was that all transformers were to be aboveground and Council, at that time, concurred with that. Hoogerwerf said Iowa - Illinois Gas & Electric Company is proposing to locate the transfer in the landscaped bermed area about mi&block and said the reason for wanting an j aboveground transformer as opposed to a vault is costs. A vault installation costs approximately $62,000 and an aboveground transformer costs approximately $10,600. In response to McDonald, Hoogerwerf said the plan was that all transformers were to be aboveground and Council, at that time, concurred with the plan. Hoogerwerf stated the City agreed that the aboveground locations would be provided as they were deemed necessary. Hoogerwerf distributed photos of the downtown area. Balmer asked if another transformer would be needed in the area. Hoogerwerf said the long-range plan is as buildings are rewired they would be served off the front transformer and rear alley facilities would be removed. In response to Balmer, Hoogerwerf said the Iowa -Illinois Gas & Electric Company would probably not need another transformer in the area. Balmer stated that the proposed transformer is an acceptable alternative to a vault. Horowitz asked how vaults are serviced. Hoogerwerf explained a grate is installed over the vault and can be removed to be serviced. Horowitz noted that people tend to put posters on the transformers and it creates a mess. Cain said the Design Review Committee has not looked at this proposal and landscaping and care of the proposed location of the transformer needs to be addressed. Cain said she did not receive a favorable recommendation from the Parks & Recreation Department regarding placement of the transformer in the proposed location. Cain stated if Iowa -Illinois Gas & Electric's proposal is to be considered by Council, it should be referred back to the Design Review Committee and comments should be obtained from the Parks & Recreation Department, neighboring businesses, and building owners. Balmer requested information regarding history of the problem with vaults in the downtown area. McDonald asked if businesses along r 129 MINUTES INFORMAL COUNCIL SESSION OCTOBER 17, 1988 PAGE 4 Washington Street will be serviced with the new transformer. Hoogerwerf said as buildings are rewired, they will be serviced by the new transformer. Hoogerwerf explained two transformers on Iowa Avenue serve part of Clinton Street and Iowa Avenue, one transformer located on Iowa Avenue services part of Iowa Avenue and Dubuque Street, and one transformer on Dubuque Street can serve Dubuque Street and Washington Street. Hoogerwerf said the proposed transformer would serve everything in the area. In response to Larson, Hoogerwerf said Iowa -Illinois Gas & Electric would pay for landscaping the berm at the proposed location. Council referred the Iowa -Illinois Gas & Electric Company proposal to the Design Review Committee. KEGGER ORDINANCE: Reel 88-58, Side 1 McDonald stated discussions of the Kegger Ordinance will be deferred for two weeks to allow City Manager. Atkins to present Council with additional information. RECRUITMENT OF ASSISTANT CITY ATTORNEY: Reel 88-58, Side 1 Timmins outlined recruitment of the Assistant City Attorney. Timmins stated he wants to recruit an attorney with prior municipal experience and experience in the area of planning and zoning, development control and economic development. Timmins explained he would utilize both general recruitment and direct recruitment of other municipal attorneys. Timmins asked that the Council agree to a salary in the range of $35-543,000 for someone with at least five years of legal experience and two years of municipal experience in planning and zoning. In response to McDonald, Timmins said the salary range should be comparable with other cities. In response to Horowitz, Timmins said he may try to contact former Iowa attorneys who have left the State. In response to Larson, Timmins said although there is a national flavor to municipal attorney duties and planning and zoning, the position probably does not warrant a national search. Larson suggested notification of the open position to select Midwest cities. In response to Larson, Timmins said that if a suitable applicant applies from a direct recruitment process, he might not interview other applicants. Larson suggested spending enough time to thoroughly consider all qualified applicants. In response to McDonald, Timmins stated that he uses the City Personnel Department for publication, application and affirmative action. Helling noted that screening is up to Timmins. In response to Courtney, Timmins said that time probably does not allow use of a professional search firm. In response to McDonald, Timmins said that he should know within two to three weeks whether there was interest from a direct recruitment effort. Timmins noted he will advertise for someone who was admitted to the Iowa Bar. Ambrisco suggested contacting the University of Iowa Law School Placement Office. McDonald asked Timmins to keep Council apprised of the recruiting activities. BOARD AND COMMISSION MINUTES POLICY: Reel 88-52, Side 2 Regarding earlier concerns on the length of the 8/10/88 Board of Adjustment minutes, Karr explained that they were done by an intern trained to do them in that fashion and a shorter version will be prepared in the future. Karr referred Councilmembers to her September 30th memo .r a7 MINUTES INFORMAL COUNCIL SESSION OCTOBER 17, 1988 PAGE 5 regarding minutes of meeting. Balmer noted that there were problems in the past. Karr said memos from previous mayors outline problems regarding delay in receiving minutes. Councilmembers discussed minute problems. Larson said Council could give direction regarding when minutes should be done. Karr said problems involve staffing, length of minutes, and turnaround time. Schmeiser explained minutes are handled a number of different ways. Schmeiser recommended that Council require that Board and Commission minutes be presented to Council prior to Council's discussion of any items contained in those minutes. Schmeiser noted that it does take several hours for minutes to be prepared in draft form. Schmeiser offered that minutes done by the Planning Department could be included in Council's agenda packet the second week after the meeting. Karr referred to her September 30th memo regarding minutes of meetings, item C.I. states that no action be requested of Council until receipt of appropriate Board and Commission minutes by Council, and item 4.e. recommendations to City Council 1);items should be listed as separate agenda items to distinguish them from for -nal receipt and filing of minutes. Council discussed the importance of receiving minutes in a timely manner. Karr said the importance of draft minutes are that they are presented to Council to give Council an idea of what was discussed. Karr said draft minutes are also presented to Board and Commission members at their next meeting and if there are changes, they should be put into the text of the next minutes in detail to reflect those changes. Courtney said Council should receive minutes before an item is discussed by Council. Ambrisco stated the City Manager sends Councilmembers background information. Horowitz stated that if there is a split vote, the reason for the split vote should be in the minutes. Helling said that there should be a City-wide policy that if Boards and Commissions have recommendations, Council should receive those minutes as soon as possible. Horowitz suggested that important discussion by Boards and Commissions can be put into form of resolution. COUNCIL TIME/AGENDA TIME: Reel 88-58, Side 1 (Agenda Item No. 3.d.1. - Notice regarding equipment purchase) Balmer stated he disagrees with the requirement that the City must give notification. Larson stated the requirement encouraged cooperation of regional planning. Helling stated the City develops specifications before equipment is purchased, when items are purchased that cost greater than $50,000, the difference between one or two is minimal. Helling said the City sometimes utilizes State contract for equipment purchases. 2. Ambrisco asked Council to schedule a discussion regarding the City's open burning policy. Council agreed to schedule such a discussion. Horowitz said the issue of yard refuse should also be addressed. McDonald reminded Councilmembers that the Human Rights Committee Award Breakfast is scheduled Thursday, October 20, at 7:30 a.m. at the Holiday Inn. 4. Horowitz reminded Council of the upcoming Southeast League of Municipalities meeting scheduled next week. -r-d7 MINUTES INFORMAL COUNCIL SESSION OCTOBER 17, 1988 PAGE 6 5. (Agenda Item No. 5) Horowitz asked if a person is going south on Keokuk, if that person can turn right on Highway 6. Helling said yes. Larson asked if Keokuk needs to be widened now that Boyrum is open. McDonald said plans to widen Keokuk have existed for over a year. APPOINTMENTS: Reel 88-58, Side 2 Board of Appeals: Marcie Roggow Jack Barrows Board of Examiners of Plumbers: James Muller Clark deVries Senior Center Commission: Duane Means H.V. Cordier EXECUTIVE SESSION: Reel 88-58, Side 2 Moved by Courtney, seconded by Larson, to adjourn to executive session under Section 21.5.J, Real Estate, to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph shall be available for public examination when the transaction discussed is completed; and Section 20, Collective Bargaining, to discuss as a public employer, strategy regarding collective bargaining with City employee organizations; as such discussion is exempted from the provisions of Chapter 21 according to Chapter 20.17(3). Affirmative roll call vote unanimous, 6/0, all Councilmembers present. Mayor declared motion carried. Council adjourned to executive session at 8:07 p.m. r- ;L7 Council Goal -Setting Session October 11, 1988 COUNCIL PRESENT: Courtney, Larson, McDonald, Ambrisco, Horowitz, Balmer. STAFF PRESENT: Atkins, Karr, Timmins, Helling. JAPE -RECORDING: Reel 88-56, Side 1, 1 -All, Side 2, 1 -All; Reel 88-57, Side 1, 1 -All McDonald called the meeting to order at 4:30 and stated this goal -setting session was scheduled to allow Council to discuss ideas, exchange opinions, brainstorm, and give staff direction in some areas. DEVELOPER IMPACT FEES FOR SUBDIVISION DEVELOPMENT: Ambrisco cautioned Councilmembers that costs associated with imposing an impact fee would be passed on to the consumer purchasing a home. Horowitz noted Horowitzper saideiflthecome developersare does notnpayetheoped in the impact fee thenitheirest of the city pays for the city services that serve the subdivision. Ambrisco said entry level houses are being built in the County and there is potential for more property to be developed within Iowa City once the south wastewater treatment plant is built. Larson said there may be more middle income development. Larson said he would be uncomfortable with an impact fee that was designed to generate fees for some other project such as housing for the homeless or rehabilitation programs. Councilmembers discussed impact fees and development costs. Atkins said off-site expenses caused by development, such as the need for traffic improvements, should be considered. Atkins asked if the development should contribute to a cost they caused to the general taxpayer. Atkins said development does cost off-site expenses. Atkins asked if Iowa City's growth rate Justifies the City imposing impact fees and if the City's financial position requires the City to pursue this type of program. Atkins said developerthe homeowner should jbiwto something,ut the ctys grwthrate may not justife the y itHoroitz said that a developer, Bruce Glasgow, has a study from the National Homebuilders Association that proves that property tax does support services that are extended out to a new subdivision. McDonald asked the City Manager if property taxes are supporting services extending to subdivisions. Atkins stated no. Atkins noted that new State and Federal regulations will impact on the cost of water, sewer and refuse services. Horowitz asked if the County will be able to continue to provide the City with the same level of services such as public health services. Horowitz asked if the City would contribute into a regional support for services now offered by and paid for by the County. Atkins suggested that Council consider a large lot policy to attract persons that are considering building in the County. Atkins and Council discussed a large lot policy. Council agreed to refer review of a large lot policy to the Planning and Zoning Commission. McDonald stated there is not the Council support to pursue developer impact fees. 2-.16 MINUTES COUNCIL GOAL -SETTING SESSION OCTOBER 11, 1988 PAGE 2 REVIEW OF ENVIRONMENTAL REGULATIONS: McDonald stated the Council did adopt an Environmental Policy Statement recommendation by the Urban Environmental Ad Hoc Committee. McDonald asked Councilmembers if more stringent environmental regulations should be adopted. Larson said that if developers are going to be held responsible for environmental consequences of development, there should be environmental regulation in the Code. Larson said the environmental standards are needed. Atkins said addressing environmental concerns create a political dilemma and the issue is two -fold: 1) to protect and preserve certain areas, or 2) to allow development. Councilmembers discussed environmental regulations and development in Iowa City. Horowitz said that definitions for environmental policies can be written as incentives for large lot development. Atkins said most of the City's environmental issues are based on infill. Atkins said other cities have used planned urban development - zoning certain parcels as environmentally sensitive areas and requiring certain design criteria. In response to Council, Timmins said for the Nottingham case, there were no environmental regulations and traffic considerations were at issue. Timmins said certain areas in the community may be more appropriate for large lot development and the Planning and Zoning Commission should examine density issues. Timmins said zoning is a point in time when the City decides what type of density of housing is suitable for the area and subdivision is merely an administrative act. Larson asked if the City can do anything about the erosion problems occurring behind the Cliffs. Timmins said if there is a nuisance and danger to adjoining property, the City could exercise their nuisance abatement authority. Larson asked staff to address the problems. Larson said the erosion occurring behind the Cliffs is an eyesore, a terrible example to other developers, and lack of concern for adjoining property owners. Atkins asked Council if they wanted to address the environmental regulations by establishing new regulations as a part of the subdivision process or with the zoning. Councilmembers agreed that environmental regulations should be tied in with zoning. Timmins noted there is other vacant land recently proposed for development in which zoning should be looked at. Horowitz said clear definitions will be needed for the environmental policies. Horowitz asked if the environmental policies can serve as guidelines for the zoning of identified fragile areas. Atkins said the City can identify environmental areas. Council asked staff to establish more stringent environmental guidelines through zoning. Horowitz asked how the City is going to deal with entranceways into Iowa City. Atkins said entranceways can be handled with zoning. Councilmembers discussed development of the entranceways into Iowa City. Balmer asked when the Planning and Zoning Commission will address environmental policies as it relates to zoning. McDonald said the Planning and Zoning Commission planned to complete work on the Comprehensive Plan Update by January 1st. I �� MINUTES COUNCIL GOAL -SETTING SESSION OCTOBER 11, 1988 PAGE 3 STREET PROJECTS - FIRST AVENUE EXTENDED SCOTT BOULEVARD EXTENDED, HIGHWAY I NORTH: Ambrisco said First Avenue extended is critical and should be accelerated. Atkins explained ACT owns the 220 acres immediately east and ACT has been told the City has not made any public commitment to pay for the road. Atkins said ACT is considered establishing an office park on the north portion of the property and single-family development for the rest of the property. Ambrisco said a coordinated planning effort is needed for the area. Atkins said a report is being prepared by ACT. Courtney said secondary access is an issue. In response to Larson, Atkins said First Avenue could be used for secondary access. Horowitz said Dodge Street improvements also need to be looked at. Atkins said major street projects can use up the City's capital capabilities quickly and Iowa City streets are currently in good shape. Atkins said there are times the Council may need to consider a public investment to cause development to occur. McDonald asked about Scott Boulevard. Atkins said extension of Scott Boulevard would depend somewhat on what ACT does. McDonald said there is not pressure to extend Scott Boulevard now that Local Road has been improved. Courtney inquired about Foster Road. Timmins said Public Works has worked on plans and appraisals have been done. Atkins noted that Highway 1 North plans are proceeding along. CITY MANAGER'S GOAL STATEMENT: Atkins said the City Manager's Goal Statement articulates what he believes to be the guiding principles of the City's organization and a demonstration of commitment. Atkins said the Goal Statement outlines what he will continue to do and influences decisions he makes. Balmer said maintaining the AAA bond rating is important. Ambrisco said Council's position on economic development is an integral part of the City's goals. Horowitz asked if Councilmembers should take the lead on promoting economic development. Ambrisco said one of the ways Council promotes economic development is by demonstrating support for ICAD. In response to Horowitz, Ambrisco said people involved with economic development understand the community is not interested in the heavy smokestack industry. Atkins said most economic development activity that is going to occur within Iowa City is going to be something that meets the Council's and community's interest. Atkins said companies locating in Iowa City will probably employ 100-150 people and will probably buy manufactured goods and assemble them here and ship them out. Horowitz asked if the company that reuses stored waste would be considered. Atkins said yes. Atkins said Iowa City has a bright economic future. Atkins said he has been in contact with two different companies that are interested in locating in Iowa City. Atkins said he has been in contact with area businesses to obtain profiles of employees. Atkins said many people that work in Iowa City do not live in Iowa City. Horowitz asked about the regional aspects of solid waste treatment, emergency care, etc. Atkins said regarding regionalism, Iowa has archaic tax laws and regionalism is not the panacea that people consider it to be. Atkins said that there are certain services that can be regionalized. Atkins noted that Iowa City has good services and area communities may be interested in using some of those services. Atkins said an economic development goal statement could be added. McDonald said Council needs to discuss what Council's economic r -a6 MINUTES COUNCIL GOAL -SETTING SESSION OCTOBER 11, 1988 PAGE 4 development policy position is. Courtney stated he is not happy with the extent of economic development activities within Iowa City. Courtney said Iowa City needs more direct benefits from ICAD's economic development efforts. Council discussed ICAD and economic development activities within Iowa City. McDonald asked staff to schedule a discussion regarding economic development. CIVIC CENTER IMPROVEMENT: Atkins presented plans for the Civic Center Expansion Project. Atkins said a City staff architect, Jim Schoenfelder, has prepared preliminary plans to expand the Civic Center over a period of years that will satisfy the City's building and office needs well into the future and allow Public Works and Planning to move out of their rented space and back into the Civic Center. Atkins reviewed a three-phase plan that would affect the Police Department, Fire Department and the courtyard area. Atkins said the project would cost an estimated $2.2 million and $50,000 in architectural fees could be saved by using the City staff architect. Atkins asked that the Phase 1 - Police Department Modernization - be included in the upcoming budget. Atkins said the Civic Center Expansion Project will be financed over a three-year period using approximately $1.2 million of in -housing financing and certificates of participation. Atkins said the Police Department needs some immediate work. Courtney asked if the Police are satisfied with the proposed access to the police cars. Atkins showed Councilmembers the proposed layout of the Police Department plans. Larson asked if the proposed Police Department modernization plans are more important to Police Department efficiency than significant increase in police staff. Atkins said if the physical environment is improved, the department will become more efficient and almost 5,000 hours of uniformed officers time presently used for clerking purposes could be better utilized. In response to Larson, Atkins said a physical environment is important to attract a quality Police Chief and quality Police. Councilmembers discussed the Civic Center renovation plans. Atkins said the proposed plans offer a lot of flexibility and will meet the City's needs well into the future. Horowitz asked how the Civic Center renovation project can be justified when the City is cutting back on the Streets Program. Atkins said trade-offs have to be made. Council agreed to the Civic Center renovation plans as proposed. Council directed staff to incorporate the Phase 1 - Police Department Modernization in the upcoming budget. Councilmembers and staff discussed methods of financing for the proposed project. SESOUICENTENNIAL CELEBRATION: Horowitz said the Sesquicentennial Celebration is coming up. Balmer said private volunteers should be used. Atkins said department directors have been encouraged to make plans. Balmer said efforts should be coordinated with the Chamber of Commerce volunteers. Horowitz said citizens could become involved with City affairs. __r -J6 MINUTES COUNCIL GOAL -SETTING SESSION OCTOBER 11, 1988 PAGE 5 BDI PROPERTY: Atkins said the City will probably receive pressure from banks and the BDI Board of Directors to sell the land cheaper. Courtney said a concentrated effort to market the BDI property is needed. Councilmembers discussed marketing of the BDI property. Karr noted that the Iowa City/Johnson County Joint Meeting is tentatively scheduled for December 1 at 4:00 p.m. The meeting adjourned at 7:00 p.m.