HomeMy WebLinkAbout1979-12-18 Bd Comm minutesMINUTES
BOARD OF EXAMINERS OF PLUMBERS
November 27, 1979
MLMBLR PRESENT: Ronald J. Burke Lt, Jamos Christensen, Paul Kent
STAFF PRESENT: Ralph Taylor, Mike Kucharzak, Glenn Siders, Irene Shima
OTHERS PRESENT: Fourteen people consisting of Master, Journeyman, and
Apprentice Plumbers and other interested public.
Meeting called to order at 7:00 p.m. by Chairman Taylor.
Mr. Kucharzak indicated in opening comments that the staff had requested this
meeting to discuss several concerns brought to the attention of the administra-
tion. One concern deals with the practice of using the "Dawson Loop" in Iowa
City. It has been alledged that the "Dawson Loop" although used occasionally
by all the licensed contractors is not in the Uniform Plumbing Code and we have
difficulty finding written evidence that it has been approved by any other
municipality in the State of Iowa. He requested some guidance from the Board
and from the trade industry regarding this practice whether or not it should
be included in the Code as a Code Amendment or whether we should modify our
practices of allowing this type of installation.
Lengthy discussions followed regarding the first item on the agenda; 1. The
"Dawson Loop". Should we allow it or not? The audience was asked for views
regarding the need for a Code Amendment. Other questions were raised; "What
is the "Dawson Loop"?" "What does it look like?" Ralph Taylor made several
diagrams of the "Dawson Loop" vent on the blackboard and explained it to the
Board and audience.
Comments were made by local plumbers regarding the origination of the "Dawson
Loop" and the good and bad conditions surrounding the use of this vent. More
discussion regarding the installation of "Loop" vents in other cities such as
Omaha, Des Moines, Davenport, and Cedar Rapids.
The question was raised as to what procedure should be taken to make a decision
to permit the use of the "Dawson Loop" vent or not to permit its, use.
Mr. Kucharzak offered his help in this area by stating that if the Board moves
to recommend to the City Council to amend the ordinance, the code itself would
be amended to provide this type of venting system. If the Board moves to not
allow this system, then an administrative directive would go out to the staff
indicating that the code would be enforced as it is presently written on the
books. Discussion followed with the request for a vote of the plumbers in
attendance for continued use of the "Dawson Loop" vent. 10 votes - aye. 4 votes -
nay. The Board tabled the matter until a future meeting.
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For clarification, Mr. Kucharzak informed the Board that until such time then
the Board does take some action, we are going to have to suspend approval of
any installations of this type. Mr. Kucharzak encouraged the Board and trade
industry to bring this issue up again as soon as possible.
Item #2: The Licensing Application and renewal procedures; Kucharzak ex-
plained that criticism has been leveled against the staff and the Board in
that we have not properly reviewed license applications regarding the length of
apprenticeship or experience as a journeyman prior to receiving either journey-
man or master's license as appropriate and the staff would certainly like
discussion with the Board and the industry re: the role of the staff and the
role of the Board in the licensing procedures. He also stated that we as
staff appreciate the new application forms we are now using and we have simply
been obtaining information from those forms and submitting them to the Board
for review; we have not been doing any of the verifications. Apparently,
the basis of the allegation is that there has been fraudulent material pre-
sented to the Board at the time of licensing. Mr. Kucharzak indicated that
he had not been able to find anybody that did receive a license based on
erroneous information, nor did he find any incorrect facts given to the Board,
in his limited research period. He also requested the opportunity to discuss
this at this public forum for recommendations from the industry or from the
Board as to how we should change our applications for licensing process.
Suggestions were made for revisions regarding the length of apprenticeship
along with the requirements of a letter of confirmation from the previous
employer.
Summary remarks - Staff understands that the Board will get together sometime
in the future on the "Dawson Loop" for further guidance. Staff would also
appreciate further discussion with trades people on code enforcement policies;
we are doing the same thing with the electrical trade and we are finding this
very helpful to give guidance not only to the staff but to the City Council.
Kucharzak indicated that he would request consideration of several items in
future meetings. The items are: 1. He would like some guidance from the
Board and Industry on licensing fees and permit fees for 1980; 2. Area of
pressure relief valves on water heaters in residential installations; code
requirements and field practice.
Kucharzak welcomed any other items for discussion that could he put on future
agendas. None was submitted.
Meeting adjourned by the Chairman.
Respectfully submitted,
Ralph J� Taylor, ecretary
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MINUTES
COt•LMi'PrEI? ON COMMUNITY NEEDS
DECEMBER 5, 1979 -- 12:00 NOON
RECREATION CENTER -- MEETING ROOM B
MEMBERS PRESENT: Swisher, Amidon, Hall, Pecina, Bonney, Barker, Clark, McCormick,
VanderZec
MEMBERS ABSI'.NT: Barfuss, Johnson, Ilaldeman, Horton
Glll!S'I:S PRESENT: Ann Gorman (Citizens for Lighting and Safer Streets)
STAFF PRESENT: Milkman, Wilkinson, Knight, Flaherty, Schmeiser, Keller
RECOMMENDATIONS TO CITY COUNCIL:
1. That the City Council take into consideration all the aspects of the request from
the Citizens for Lighting and Safer Streets for improved lighting in the area
defined by the boundaries of Brown/Burlington and Clinton/Dodge.
SUMMARY OF DISCUSSION:
Chairperson Swisher called the meeting to order and called for consideration of the
minutes of the October 31, 1979, meeting. Barker moved, and Ilall seconded, that the
minutes be approved as circulated. Motion carried unanimously.
Citizens for lighting and Safer Streets:
Anne Gorman, representing the Citizens for Lighting and Safer Streets, explained that
this group is interested in improving the lighting on streets where instances of
assault and harassment are prevalent. A test area has been established using
Brown/Burlington and Clinton/Dodge as the boundary. In answer to questions by Committee
members regarding the installation and billing of these proposed lights, she explained
that Iowa -Illinois Gas and Electric Company would be responsible for installing the
lights while the City of Iowa City would be responsible for the bills. Estimates for
yearly billings ranged from $5800 to $8400 per 100 lights. She further explained
that the group is in the process of assembling a petition that will be presented to
the City Council in the future. McCormick expressed concern that the petition not
be overloaded by students while forgetting about the permanent residents in the area.
Ms. Gorman also indicated that the City Council will be making a walking tour of the
test area some time in the future.
McCormick moved, and Hall seconded, that the City Council take into consideration all
the aspects of the request from the Citizens for Lighting and Safer Streets for improved
lighting in the area defined by the boundaries of Brown/Burlington and Clinton/Dodge.
Motion carried unanimously.
Committee Business:
Committee members were asked to consider the following items for action at the
January meeting: (a) election of officers, (b) goals and objectives, (c) bylaws,
and (d) vacancies on the Committee.
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Committee on Community Needs
December 5, 1979
Page 2
Update on Neighborhood Site Improvements:
Pat Keller, Planner/Program Analyst, presented an update on the tree planting project
which was funded under the Neighborhood Site Improvements Program. He explained
that a total of $21,000 had been allocated for the project and that 361 trees had
been planted. The total amount spent on this project was $18,500. He also explained
that if any tree had not been planted within a week, it was picked up and given to
someone on a waiting list for a tree. The Camp Fire Girls provided assistance to
those elderly and handicapped who requested help in getting their tree planted.
Bruce Knight, Planner/Program Analyst, presented an update on the Northside, Hickory
Hill, and highland Neighborhoods. He indicated that meetings had been held with the
residents of the Northside and hickory Hill areas and that the residents had decided
to proceed with the sidewalk repair program as outlined by the staff. He further
explained that the curb and gutter project planned for the highland area has proven
to be much more expensive than the budget allocated because complete sidewalk re-
placement would also be required. The staff recommends that this project be dropped
and replaced with something else. It was the consensus of the Committee that a
neighborhood meeting be held in order to get the residents' ideas for another project.
shelters to help keep the cold air from blowing through.
Marker asked if anything could be done to put a skirt around the bottom of the bus
shelters that are now on order have been ordered with skirts Keller indicate) that the
and that it would
M
probably be possible to add skirts to the existing shelters. Barker indicated that
this project. RP escrow funds for bus shelters could in all probability be used to help with
Monitoring of CDBG Comprehensive Planning Elements:
Don Schmeiser, Senior Planner, was present to update the Committee on several elements
of the Comprehensive Plan. tie indicated that the new zoning ordinance is being
reviewed by the Planning and Zoning Commission and that the new zoning map will be
the final item reviewed by Planning and Zoning. The City Council would like to
adopt the new zoning ordinance sometime next spring. The Planning and Zoning
Commission will be holding a public hearing sometime in March and will then forward
their recommendation to the City Council.
Regarding the Foster Road Study, Mr. Schmeiser indicated that the draft of the study
hos been completed and has been sent to the Planning and Zoning Commission and to
staff for comment find review. Ile further indicated that in all probability Foster
Road will not be developed as a continuous network. Ile also explained that in order
to amend the Comprehensive flan the Planning and Zoning Commission and the City Council
must both hold public hearings. A public hearing has been scheduled for the Planning
and Zoning Commission meeting on December 20, after which a recommendation will he
sent to the City Council.
Area studies will be conducted by staff in an attempt to identify certain developed
areas and undeveloped areas for detailed study. Two of the areas suggested are the
Northside area and an expanded area to the east which includes the Small Cities
area (near Southside area). In looking at the Southside area, particular interest
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Committee on Community Needs
December 5, 1979
Page 3
will be placed on two items, (a) the land consumptive use designation and (b) retail
uses for the area. Regarding the Northside, he indicated that staff will be looking
at the study prepared jointly by the University of Iowa and the City of Iowa City
under the Innovative Grant Program. In reviewing the study, staff will be evaluating
the data provided and looking at what can be done to help alleviate the problems
identified.
Regarding the Subdivision Ordinance, Mr. Schmeiser indicated that a rough draft of
this ordinance is complete and will be reviewed and completed in final form immediately
after the new zoning ordinance is completed. This ordinance will include design
standards for new developemnt.
The annexation study is being reviewed and studied by a joint city/county fringe
committee with regard to areas outside the city limits that will be developed in the
future. An outline for this study has been drafted.
Marianne Milkman, Planner/Program Analyst, updated the Bikeways Plan progress. She
explained that a draft has been completed and that a public hearing is planned for
February by the Planning and Zoning Commission. She further explained that this plan
will include elements to assist in (1) education, (2) implementation, (3) maintenance
and (4) enforcement of regulations.
There being no further business, the meeting was adjourned.
Prepared hycAAlru:17(i/CG [l e:r�
Sandra S. Wilkinson, PPD Secretary
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MINUTES
IOWA CITY PLANNING $ ZONING COMMISSION
INFORMAL MEETING
NOVEMBER 13, 1979 -- 7:30 P.M.
LAW LIBRARY
MEMBERS PRESENT: Lundquist, Vetter, Jakobsen, Blum, Lehman
MEMBERS ABSENT: Kammermeyer, Ogesen
STAFF PRESENT: Boothroy, Schmeiser
Review of the draft Bikeways Report and Plan.
Discussion; no action taken.
Review of the proposed new zoning ordinance.
The Commission reviewed sections of the proposed new zoning ordinance. Changes
discussed are on file in the Department of Planning and Program Development with
Don Schmeiser.
There being no further business, the meeting was adjourned.
Prepared
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0230el
8
MINUTES
IOWA CITY PLANNING $ ZONING COMMISSION
INFORMAL MEETING
DECEMBER 3, 1979 -- 7:30 P.M.
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Lundquist, Blum, Ogesen, Jakobsen, Vetter
MEMBERS ABSENT: Kammermeyer, Lehman
STAFF PRESENT: Boothroy, Schmeiser, Ryan, Milkman, Laverty
SUMMARY OF DISCUSSION:
Public discussion of any item not included on the agenda.
Blum indicated he had received a letter from the City Council requesting the Commission
develop criteria for determining public housing sites. lie requested the staff to place
the letter on the Commission's formal agenda for Thursday for discussion.
Public discussion of an ordinance amending Sections 8.10.3A.8, .47 and 8.10.8.1E,
and adding Sections 8.10.3A.64C and 8.10.8.4 to Appendix A of the Code of Ordinances
of Iowa City, Iowa, providing a definition for Rooming House and regulating its
permitted use.
A memo regarding the subject ordinance from Mike Kucharzak, Director of Housing and
Inspection Services, was discussed. Further discussion; no action taken.
5-7926. Public discussion of a final Planned Area Development Plan of Arborhill,
Phase II, located on Washington Street, cast of Green Mountain Drive; 45 -Jay limitation
period: 12/20/79.
Mr. Bruce Glasgow, the applicant, indicated that a preliminary and final LSRD plan
and final PAD plan had already been approved by the City for the entire tract, in-
cluding the subject property. Boothroy stated that he had found no evidence to
support Mr. Glasgow's contention, but would certainly work with Mr. Glasgow to resolve
j the matter. No action taken.
I
Bikeway Report and Plan discussion.
Marianne Milkman gave a short presentation of the Bikeway Report. The Commission
decided that a public hearing on the report should be set in January when the University
resumes classes so as to permit as much opportunity for public input. Further
discussion; no action taken.
Foster Road Report.
Kevin Laverty gave a presentation of the Foster Road Report
taken.
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Discussion; no action
c2 3011
if
Planning and Zoning Commission
December 3, 1979
Page 2
i
LSRD Pentacrest Garden Apartments.
Blum requested that this item be placed on the Commission's agenda for discussion
on Thursday. No action taken.
FORMAL 61EETING
DECEMBER 3, 1979
Consider holding a public hearing on Thursday, December 20, 1979, at 7:30 p.m., on
the following amendments to the Comprehensive Plan:
1. An amendment to the Comprehensive Plan Map deleting Foster Road in part or in
its entirety, and/or changing Foster Road's location and functional classification.
2. An amendment to the Comprehensive Plan (Trafficways Plan) modifying Trafficway
Design Standards.
The Commission voted to set a public hearing on December 20, 1979, by a 5-0 vote.
There being no further business, the meeting was adjourned.
Prepared by: \ \: - ..� ` ��•t,Ca
j
Douglas Boothroy, P1 nner rogra Analyst
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IOWA CI'T'Y PLANNING f, ZONING COMMISSION
I1f:CIihIISIEI( L, 1979 -- 7.30 P,h,.
CIVIC (:ENI'EI1 COUNCIL CIIAMBI:RS
MEMBERS PRESENT: Lundquist, Vetter, ,Jakobsen, Blum, Ogesen
MEMBERS ABSENT: Kammermeyer, Lehman
STAFF PRESENT: Boothroy, Wilkinson, Cook, Milkman
RECOMMENDATIONS 'f0 THE CI'T'Y COUNCIL:
None
None
SUMMARY OF DISCUSSION AND ACTION TAKEN:
Chairperson Blum called the meeting to order and asked if anyone present wished
to
discuss any item not included on the agenda. No one responded,
Ile then called for consideration of the minutes of the meetings of October 29,
November 8 (special meeting), and November 15, 1979, There being no corrections or
additions, the minutes were approved as circulated.
5-7926• Public discussion of a final Planned Area Development Plan of Arhorhill,
Phase 11, located on Washington Street, cast of Green Mountain Drive; 45 -day
limitation Period: 12/20/79
Boothroy Presented an overlay of the area and explained that the request is for
approval of a final Planned Arca Development Plan.
proposeedd to intersect wIle further explained that the
d in 1971 and that there was only one minor change
preliminary PAD had been approve
shown the final plan. This change shows eliminating one of the private drives
ith Washington Street. He further explained that past
records show that a preliminary and final Large Scale Residential Development Plan
has been submitted and approved only for Arhorhill, Part I. Staff recommendation
remains as stated in the Staff Report (that action be deferred).
Bruce Glasgow, developer, stated that he had no objection to this item being deferred
he does
until theot December 20 meeting, Ile also indicated that he felt the records showed that
however,
nthatcheawoluldelikepPlanninproval of g andZonin
efinal
PAD
submitted.
because ofNtilelslightindicate,
chan e.
g g approval PP
roval
Jakobsen moved, and Vetter seconded, that action on the final Planned Area Development
Plan of Arhorhill, Phase II, located on Washington Street, ountain
cast of Green M
Drive, he deferred until the next regular meeting. Motioncarried unanimously,
,Z3oy
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Planning and Zoning Cununission
December o, 1979
Page 2
Public discussion of the liikeway Report and Plan.
David Christ was present representing (1) his interest as part owner of a bicycle
shop, (2) Bicyclists of Iowa City (BIC), and (3) his personal interest, lie expressed
concern regarding bicycles as related to (1) bridges, particularly on Burlington and
Iowa Avenue, (2) the cast/west problems of getting through the downtown area, and
(3) the sidewalk problems on Park Road.
Marianne Milkman, Planner/Program Analyst, presented a letter to the Commission from
Tamara Schoenbaum in which Ms. Schoenbaum expressed her concerns regarding this topic.
(letter attached)
LSRD Pentacrest Garden Apartments.
Blum expressed concern regarding the non-compliance of the Pentacrest Garden Apart-
ments with the originally approved LSRD plan. His main concern centers around the
fact that the driveway onto Court Street has remained open with parking spaces
immediately opposite, allowing the residents to back directly onto Court Street.
The Commissioners discussed possible alternatives for contacting the developer re-
garding this matter. Jakobsen indicated that a letter had been sent to the developer
but that he had failed to reply or submit an amended LSRD plan. Alternatives
discussed included (1) individual contact with the developer, possibly by telephone,
(2) communication with the City Manager and/or City Attorney, and (3) request for
staff assistance in resolving the matter. After much discussion, the consensus of
the Commissioners was that Mr. Blum would contact Mr. Clark and discuss the matter
in ;in attempt to resolve the problems.
Letter from City Council regarding public housing site.
Blum indicated that he had drafted a letter in response to the letter received from
the City Council. After some discussion regarding this item, it was decided to
request time at the informal Council meeting on December 17 at which time several
Commissioners would be present to discuss this matter with the City Council.
Bruce Glasgow, developer, indicated that he thought it might be appropriate for someone
to suggest to the Council that an attempt be made to purchase single family homes in
Iowa City for this purpose. lie referred to Sioux City and their purchase of homes
for this purpose.
There heing no further business, the meeting was adjourned.
i
Prepared by � L (�["'C. �_ G(ic G�L r.,r c
Sandra S. Wilkinson, PPD Secretary
Approved by / I /,
Jan Jakobs , Pf,Z Vice Chairperson
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617 Holt h.enue
Iowa City, Iowa 5224o
4 December 1979
Marianne Milkman
City of Iowa City
Re: Bikeways
Dear Mrs. Milkman,
Thank you for your memorandum. Since I cannot come to
the meeting on December 6, I write to you to express
our hopes and concerns.
1) We would like to see all main city roads offer better
protection for bicyclists, e.g. Dubuque, Muscatine, Kirk-
wood, Lower Muscatine etc. Although automobile drivers
have learned in recent years to show more consideration,
these streets are still harrowing stretches for people
on two wheels.
2) Everything possible should be done to facilitate the
use of bicycles for school children. If the streets leading
to the schools are of low priority and lanes cannot be in-
stalled, the curbs should be leveled - as for the handi-
capped - to allow children to ride on sidewalks. In the
case of junior and senior high school students, it seems
particularly desirable to make their bike routes safer,
since the distances are considerably greater and it is in
vveryone'e interest to reduce teenage driving. (The Coral-
ville strip,as an accessory route to Northwest Junior
High School and West High School, is a particularly serious
problem.)
3) In Europe, where roads are often narrow and traffic is
heavy, many school children are killed in accidents invols-
Ying bicycles. We should not promote bicycle transportation
for children without continuous, practical, and comprehen-
sive instruction in the safe use of bicycles.
4) Finally, a case where cars passively endanger bicyclists:
We have had difficulty with the fact that on the two one-way
streets which have bike -lanes, Jefferson and Market,
vehicles are often parked in the bike -lanes, forcing cyclists
dangerously far out into automobile traffic.
This long list of desiderata should not, however, obscure
our appreciation for the many improvements to promote the
use of bicycles which the City has undertaken in recent
years.
Sincerely,
Tamara Schoenbaum
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MINUTES
RESOURCES CONSERVATION COMMISSION
DECEMBER 11, 1979 4:30 P.M.
CIVIC CENTER CONFERENCE ROOM
MEMBERS PRESENT: Gormezano, Hotka, Shepherd, Singer.
MEMBERS ABSENT: Bolnick, Denniger.
STAFF PRESENT: Tinklenberg.
RECOMMENDATIONS TO THE CITY COUNCIL
None.
REQUESTS TO THE CITY MANAGER
None.
SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN
Hotka called the meeting to order at 5:00 p.m.
Singer moved, Gormezano seconded, to approve the minutes of the
November 29, 1979 meeting as read. Approved unanimously.
Solar Grants Project
Tinklenberg reported on the status of the project. The only thing
remaining, is to sit down with the four applicants and determine what
will be done on their homes, prior to the solicitation of bids and
proposals.
Budget Review
Singer moved, Shepherd seconded, that the RCC approve the budget as
presented. Approved unanimously.
Transportation Issues
Tinklenberg distributed the City Manager's December 7, 1979 memo to
the City Council re: Iowa City Transit System to the RCC members.
After a short discussion the RCC deferred this item until the next
meeting.
Goals and Objectives
Natural Resources: The RCC listed the following items under natural
resources:
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Minutes
Resources Conservation Commission
Page 2
- solid waste
- sewage treatment plant
- physical resources
Community Design: The RCC listed the following items under community
design:
- zoning
- subdivision ordinance
Singer left at 6:00 p.m.
I
The Commissioners decided to meet next on January 17 at 4:30 p.m.
j Agenda:
li
- Solar Project update
- Transportation
- Natural Resources
- Community Design
i
Chairperson Hotka adjourned the meeting at 6:10 p.m.
Respectfully submitted, Roger Tinklenberg.
James Shepherd, Secretary.
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MINUTES
IOWA CITY HUMAN RIGHTS COMMISSION
November 28, 1979
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Costantino, Kuhn, Marcus, McCartt, Munzenmaier, Yates.
MEMBERS ABSENT: Braverman, McGuire, Reyes.
STAFF PRESENT: Brown, Mejia, Ryan, Zukrowski.
VISITORS: Karen Kalergis, KXIC; James Gogek, Daily Iowan.
RECOMMENDATIONS TO THE CITY COUNCIL:
None.
RECOMMENDATIONS TO THE CITY MANAGER AND STAFF:
Commissioners request Pat Brown to send letters to the following:
(1) City Council regarding selection of new commissioners; (2)
Human Rights Committee at the University; (3) citizens regarding
the Sunrise Breakfast.
SUMMARY OF RELEVANT DISCUSSION:
I. The November 28, 1979 meeting was called to order at 7:15 pm by
Agnes Kuhn.
2. The minutes of October 22, 1979 were approved as submitted.
3. In House Training: Conciliation Process. It was suggested that
this discussion might be more useful in January when the new Commissioners
could participate. Some comments made were that the phraseology not
be too specific, you must assess the dynamics of the situation.
It was suggested that more training is necessary at the time of the
actual case; possibly model cases could be presented and discussion
of the process held at that time. It was mentioned that generally
the meetings should be held at the civic center for the purpose of
neutrality although prior experience and cooperation of the respondant
should be taken into consideration. The chair should do most of the
speakin� and there should never be disagreement (at the conciliation
meeting amongst the commissioners. Objections to the conciliation
agreement should be noted but not specifically agreed upon at this time.
4. Commission's Annual Report. Thanks to Sophie the report was very
complete and thorough. Some suggestions made for the next report were
the addition of a statement by the chair as to the significant
accomplishments and cases. It was also mentioned that the settlement
specified should be put in the report as a learning device.
5. "Affirmative Action Compliance Analyst" job description. It was noted
that in the requirements for the position, education v. experience
do not exclude each other. Eight years experience was chosen using
the formula of two years experience substitutes for one year of
education. The possibility of adding " or related areas" to public
or business administration degree was discussed.
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Iowa City Human Rigrrts Commission Minutes
November 28, 1979
Page 2
6. Letter to community organizations and individuals. Carla and Angelita
drafted a letter which is now ready to be mailed. Marcus felt that
the letter might be ill timed with other concerns on the citizen's minds.
It was suggested to add to the letter an invitation to a Sunrise Break-
fast. The purpose of the breakfast is to elicit a response from
concerned people/organizations and show a solidarity of comnittment
to human rights among the community. The Commissioners requested Pat
Brown to rewrite the letter to be appropriate at this time and to
include an invitation to the Breakfast. The date for the Sunrise
Breakfast is Friday, December 7 at 7:30 a.m.
7. Cohabitation memo. Two points were made in regard to this: marital
status is protected by the law and the no -spouse rule has been
upheld as a business necessity. Secondly, it is generally accepted
that if it looks like a marriage you can treat it as a marriage for
the same policy reasons, i.e. scheduling vacations, potential discord
on the job.
Selection of New Commissioners. At last check there were only three
applicants for three positions. Recruiting by commissioners appears
to be necessary. Due to the time schedule for selection of new Commissioners
by the City Council it was suggested that Pat Brown send a letter to
the City Council expressing the Commissions' desire to be involved
and requesting a postponement of Council action. This involvement is
meant to be an aid to the Council and not an attempt to usurp their
authority.
A letter being circulated at the University of Iowa by one of the staff
members regarding affirmative action was passed around. Costantino
moved that the Commission send a letter to the person saying that this
kind of communication is not to be treated lightly. Affirmative Action
is not a joke and should be taken seriously. Pat Brown suggested that
a letter from our Commission to the University Human Rights Committee
might be more effective. Munzenmaier seconded and the motion carried
unanimously.
10. Notification of Public Meetings. There is an internal policy that
for a meeting to be held, Lorraine Saeger must have a copy of the
agenda by noon two days in advance of the meeting. It was also stated
that only items on the agenda could be discussed. Commissioners were
reminded to call Sophie to put items on the agenda. Munzenmaier request-
ed clarification of what is a "government body" in regard to the open
meetings law. How are committees and conciliation teams classified?
Sophie has sent a memo to legal regarding these two items and is await-
ing their response. This will be put on the agenda for next month.
11. Committee Report on Ordinance Revision was deferred to next meeting.
12. Compliance Monitoring Guide. This was distributed and Munzenmaier
noted that most of the provisions are geared to employment because
most cases are in this area. He requested input on the report by
Commissioners.
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CEmAR RAPIDS.DES '10111ES
Iowa City Human Rights Commission Minutes
November 28, 1979
Page 3
13. Open House. Specific areas to concentrate on were listed and
additions requested from Commissioners. These areas are:
a. Small business employment discrimination
b. Sex role stereotyping
c. Impact of economics on discrimination (possible keynote speaker)
d. Development of new civil rights law
e. Housing discrimination
f. Universal implications of provincial music
g. Jazz workshop (not lecture)
h. Sociological and cultural adjustment for new Iowa Indochinese,
Indians, Chicanos, migrant workers, Blacks, Spani,sh speaking
people.
i. Interracial family unit.
J. Law enforcement effect on minorities
k. Incorporate into the event a public hearing by the Commission
where the people voice their impressions and concerns to the
Commission.
14. Education Subcommittee report was deferred to next meeting.
15. Affirmative Action. Letter of introduction was sent. Mace is to
send letter regarding why Carla Marcus, as the Commission representa-
tive, was not notified of the last meeting.
16. Staff Report distributed. It was mentioned that The Iowa Civil
Rights Act of 1965 which was distributed has additional amendments.
Commissioners were reminded to supplement their reports with
current amendments.
17. Complaints
a. E/R, 10-11-7911. In investigation, waiting for response to
questionnaire.
b. E/RBS, 9-25-7910. In investigation, waiting for response to
questionnaire.
c. E/R, 9-18-7909. In investigation, waiting for response to
questionnaire.
d. E/Re, 9-13-7908. Respondants attorney claimed rights under the
first amendment. This appears to be the case and administrative
closure is sought. Costantino moved and Yates seconded for
administrative closure. All voted aye.
e. H/D, 7-23-7902. No cause finding.
f. E/R, 7-10-7907. Awaiting response from respondant.
g. E/R, 7-10-7906. Awaiting response from respondant.
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MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
Iowa City Human Rights Commission Minutes
November 28, 1979
Page 4
h. E/S, 3-27-7903. Resolution reached; complaining party will
request closure after terms of agreement have been met (proba-
bly mid-December). Commission was not involved in settlement.
i. E/R, 2-15-7902. Team to review.
j. E/S, 5-2-7905. Representative of Commission is party to the
agreement. This goes to legal and then to the Commission for
final approval.
k. E/R, 12-22-7810. Conciliation agreement drafted. Meeting to be
scheduled.
i
1. E/A, 11-28-7912. Discharge in employment on basis of age.
18. Morris et. al. v. Ambrose-Lovetinsky d/b/a Woodfields. Sophie and
Roger Scholten will be going to the Liquor Board appeal meeting
in Des Moines on November 29, 1979.
19. Next Commission meeting scheduled for December 17, 1979, 7:00 pm.
Munzenmaier moved and McCartt seconded that the meeting be adjourned.
Passed unanimously and adjourned at'10:00 pm.
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MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
MINUTES
IOWA CITY HUMAN RIGHTS COMMISSION
JULY 26, 1979 7:30 pm
COUNCIL CHAMBERS
MEMBERS PRESENT: Braverman, Costantino, Kuhn, Marcus, McCartt, McGuire,
Munzenmaier, Reyes, Yates.
MEMBERS ABSENT: None.
STAFF PRESENT: Scholten, Assistant City Attorney; Allen, Zukrowski.
RESPONDENT: Harry Ambrose represented by J. Patrick White, Attorney at Law.
VISITORS: Visitors in the audience were not asked to sign in. Members
of the press as well as interested observers were present.
RECOMMENDATIONS TO THE CITY COUNCIL:
The Commission accepted the public hearing officers' report, as amended,
and directed the staff to certify the report to the City Council.
RECOMMENDATIONS TO THE CITY MANAGER AND STAFF:
Staff was responsible for making the accepted modifications in the public
hearing officers' report. Final copies of the report were to be available
on July 27, 1979 by noon for signing by each Human Rights Commission member
prior to submitting the report to the City Clerk.
SUMMARY OF RELEVANT DISCUSSION:
The meeting was called to order at 7:30 pm by Braverman. The public
hearing panel's report was submitted to the Commission. A copy was made
available to Patrick White. Several copies were distributed to members
of the audience.
Both attorneys requested of the Commission to be able to address various
points of the report. Yates requested to know the purpose and nature of
comments; and the length of comments. White indicated he wanted to
address the various points of law in the report but not to reiterate
points already made. His comments would address issues and points raised
by the public hearing panel's report. The purpose of White's comments
would address errors of law and other errors in the report. White felt
it was his obligation to focus attention on those items he felt were in
error. Scholten indicated he felt it would be beneficial for the Commission
to hear White's input. McGuire felt such comments would be educational for
the Commission. If such comments were prolonging the special session,
McGuire felt appropriate action could be taken. Yates suggested a time
limit for comments. Scholten suggested comments be made on a point by
point basis. White would address those points of interest and concern
as they were reached by the Commission. Marcus moved, and Costantino
seconded, to allow both attorneys to make comments on the report. All
Commissioners voted "aye" except for Yates who voted "naye." The motion
carried.
a 30(V
FIICROFILMED BY
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CEDAR RAPIDS -DES MOImES
Iowa City Human Rights
July 26, 1979
Page 2
Reyes moved, and Yates
for attorneys' comment.
item separately. After
was defeated.
..mission Minutes
seconded, that there be a five minute time limit per item
Costantino preferred to be flexible and to address each
discussion, all Commissioners voted "naye." The motion
Braverman and McGuire then read the report to members of the Commission and to
the public. The Chair opened discussion to Commission members. Scholten, after
discussion began, requested that Conciliation Team members sit with the audience
to avoid any possibility of Conciliation Team members privately discussing the
report with other Commission members. Conciliation Team members left the panel
and sat in the audience.
Following are the changes that were made in the hearing panel's report and the
discussion of the report. (For purposes of clarity and ease of reporting, all
items addressed are aggregated by the page on which the item appeared in the
public hearing panel's report. Consequently, all references are to the report
submitted by the panel to the Commission.)
PAGE FIVE:
On Page 5 of the report, Marcus requested that the word "random" in point N4 be
restricted or deleted since "random" indicates a nondiscriminatory practice. McGuire
said her understanding was that the Commission could amend the Recommendations but
not the Findings of Fact. Yates indicated that discussion could occur but that
substantial changes, especially in the Findings of Fact, could not occur. Scholten
was requested to clarify what changes the Commission, excluding the Conciliation
Team, could make in the Report. Scholten said the Commission could accept, modify,
or reject the report in whole or in part. Yates preferred to discuss the Findings
of Fact but not to make substantive changes. Discussion would be for the purpose
of clarifying the report. No action was taken on Marcus' input.
The Chair called for questions on pages one through four up to the Rulings on
Objections and Motions. There were no comments from Commissioners.
PAGE TWO:
White requested a change in wording in point N4. White requested the punctuation
be clarified to show reference to one exhibit. A clarification was made by the
Commission.
PAGE FOUR:
In reference to point H1, White requested the Commission to re-examine including
Nelson as an aggrieved party. White indicated there was no evidence in the record
that Nelson as a person was discriminated against. The record was not sufficient
to show discrimination. Scholten indicated that while her complaint was the only
factor in the record, there was no evidence either that she was not denied as well.
Scholten said there is a question as to her entitlement to receive a remedy, but
this is the Commission's decision to hear and act on her complaint. White said
there was no chanceto cross-examine Nelson although the Respondent is entitled to
this under the non-discrimination ordinance. Braverman indicated the public hear-
ing officers reached a consensus to include Nelson since her complaint was valid.
Braverman requested Commissioners to vote on whether Nelson as a complainant be
included. McGuire abstained from voting; except for the conciliation team, all
other Commissioners voted "aye." Nelson's complaint was included.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
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Iowa City Human
July 26, 1979
Page 3
PAGE FIVE:
Rights ._,mission Minutes
Costantino, in agreement with Marcus, requested that the word "random" be deleted
in point #4. After discussion, all Commission members, except for the conciliation
team, and Yates who voted "naye," voted "aye" to remove the word "random."
White reiterated his objection to point #5 and indicated that there was an error
made in this ruling.
Costantino also questioned the use of the word "free" in point #7. Commission
members, except for the conciliation team, voted "aye" to change "free" to "equal."
White objected to the clause "was the final and most obvious attempt to exclude
Blacks" in point #7 since it refers to previous actions or events that are wholly
outside the scope of the complaints because the hearing dealt only with the events
of June 23. The finding was improper. However, Reyes indicated that public testi-
mony on those other policies was raised, addressed and subsequently appropriate.
Scholten indicated that these allegations are relevant since they act as proof of
intent. Costantino felt this item important to showing "knowingly and recklessly."
No one favored any other change in point 97 except to change "free" to "equal."
Marcus requested a clarification of the meaning of point #8. Marcus questioned how
this statement was a finding of fact. White requested the time involved be specified
since he believed this critical to later conclusions and recommendations. Scholten
did not address White's request. Yates indicated the time of 11:00 pm could be
stipulated. Braverman favored not mentioning a time but Yates felt a time could be
established. McGuire felt including a time strengthened the report. Costantino
did not feel including a time was necessary since all facts cannot be included in
a report. Except for Costantino and Braverman who voted "naye" to include the time,
the other voting members of the Commission voted "aye." All voting Commissioners
subsequently voted "aye" to include "at or about 11:00 pm."
In reference to point #8, Scholten indicated that Tadlock should be excluded since
he was not in the premises and did not have conversations with Ambrose. Tadlock
was deleted.
PAGE SIX:
White, in reference to points #11, #12, and #13 indicated that the Respondents did
not have notice that these items (no hats, music, and termination of a former employee)
were alleged as discrimination. There were insufficient facts to support those find-
ings of fact. However, the Commission agreed to sustain these three items in the
report.
In addition, White suggested that point #14 should also include the time. Scholten
indicated it would be difficult for the Commission to identify the specific time
and did not feel it was necessary. McGuire expressed that points #14 and #15
become clarified when a time is included in point #8. Braverman indicated the time
will be included in point #8 on page five instead.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•OES riOnlES
Iowa City ,Human Rights Commission Minutes
July 26, 1979
Page 4
White questioned the reference to Ambrose in point 016 as a respondent. This
needed clarification. Although Ambrose was named in the complaints filed, all
other proceedings identified the "respondent" as Ambrose-Lovetinsky, Inc., d/b/a
Woodfields. The public hearing had not considered Ambrose individually as a
respondent. McGuire felt he was a respondent but may not be the only respondent.
White felt there was a difference between Ambrose as an individual and an officer
(of the corporation). White preferred not referring to Ambrose as a respondent.
Scholten indicated that the notice of public hearing included Respondents (plural
form) and was addressed to Harry Ambrose, Danny Lovetinsky and Ambrose-Lovetinsky,
Inc, d/b/a Woodfields. Scholten also raised the point that there was no evidence
regarding Lovetinsky's involvement as a personal respondent. There should be a
finding of fact to that effect. Marcus questioned whether then the "Respondent"
on page one of the report should be changed. A change in point 016 was approved
to show Harry Ambrose's relationship to Woodfields as president of the corporation
and manager.
PAGE EIGHT:
All voting Commissioners voted "aye" to clarify reference to "Respondent" in point
02. White objected to Ambrose being included; and that the findings of knowingly
and recklessly were not supported. White felt this was a significant error. White
indicated Ambrose did not commit the discriminatory act of a carding policy. This
was not supported by findings of fact. Scholten indicated the intent of the
language of the finding was sufficient to find a violation of Section 18-33(a).
After some discussion by Commission members, point 02 on page eight, with the one
aforementioned change, was upheld. White indicated the corporation was a person
as was Ambrose; the question is who violated Section 18-33? White said that the
Commission can not blur a distinction between a corporate entity and its officers.
In point 02, Marcus moved to delete Ambrose as a respondent. This died for lack
of a second.
PAGE NINE:
McGuire moved, and Reyes seconded, to clarify "Respondent." All voting Commissioners
voted aye:/
Referring to the last paragraph prior to
was not given considering the language it
that the issue of an authorized practice
White said notice was not properly given.
was given pursuant to Section 18-43.
the Orders, White indicated proper notice
18-43. Respondents did not have notice
would be considered by the Commission.
Scholten felt that sufficient notice
White indicated a reference that no discriminatory act occurred by Lovetinsky be
added as a conclusion of law. Scholten did not object. Marcus moved, McGuire
seconded, to include the following: "the complainants failed to prove the Respondent,
Daniel Lovetinsky, committed an unfair or discriminatory practice as prohibited by
the Iowa City Human Rights Ordinance." Reyes, McGuire, Marcus, and Yates voted
"aye" while Costantino and Braverman voted "naye". This was included as a fourth
conclusion of law.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES MolnEs
Iowa City Human Rights Commission Minutes
July 26, 1979
Page 5
McGuire questioned which discriminatory practice was referred to in point N1.
Costantino suggested to Include in point N2 that other entrance and service
Policies be nondiscriminatory. The intent was to include other policies so that
they are not arbitrary and everyone has equal access to the establishment and its
services. After substantial discussion of the appropriateness of the language and
possible modifications, the Commission decided to retain N2 without any modification.
The word "each" was to be included in point N4. White addressed damages for three
complainants. White felt time spent in attending the public hearing was an inappro-
grievanceriate factor
thisconsidering
notthe
appropriate.damages.
White stressedspent
Nelson shouldsnot get
damages because the record does not show the extent of her damage; Messrs. Martin
and Penny should not be awarded damages since, although they have the right to file
complaints, damages go to person who have been damaged. Filing a complaint and
pursuing a complaint does not entitle a person to damages unless the individual is
actually damaged. Scholten indicated that, based on other states' actions, there
are sex discrimination cases that do not require a showing for each person that was
damaged. Nelson's situation could be analogized. Damages to Martin and Penny were
shown and sustainable. Braverman favored modifying the sum for Ms. Nelson to $400
to treat her equal with other complainants. White stressed that the amount of
aggrievement and damage to Nelson is subjective since she was not present to testify
and the right of cross-examination was not available. After Commissioners discussed
the inclusion of Nelson and the amount of damages, Yates moved, and Costantino
seconded, that all monetary damages be $400 to each complainant. Costantino, Marcus,
Yates, and Braverman voted "aye" while Reyes and McGuire voted "naye."
PAGE TEN:
White indicated in reference to point N6 that the Human Rights Commission did not
have the right to issue the order to certify to the licensing agency. Scholten
recommended clarifying both references to "Respondent." McGuire moved, Yates
seconded, to clarify the first "Respondent" with Ambrose-Lovetinsky, Inc. and the
second "Respondent" with Harry Ambrose. All those voting, voted "aye."
White made three additional closing points. He requested the Commission set aside
their proceedings on the following grounds:
I. The Commission failed to consider all the evidence as required by Section
18-43(a) of the ordinance;
2. All evidence, even if considered, would be insufficient to support the
Finding of Fact, Conclusions of Law, and the Orders; and
3. The Commission invalidated its proceedings by engaging an outside attorney.
authorityThere was no
There was no formalor official a
cial acts nrecorded ino so. it was not an ethe ooffir a ciallminutes. All
proceedings should be set aside and remanded to the Commission.
Scholten indicated the Commission considered all the evidence. Scholten would not
address himself to the notice that was given; and said nothing prohibits the
hearing panel to have an attorney.
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JORM MICROLAB
CEDAR RAPIDS•DES 110111ES
Iowa City Human Rights Commission Minutes
July 26, 1979
Page 6
The Commission rejected White's three point objection by accepting the report
as modified. Staff would file a copy of the final report with the City Clerk
after the report was signed.
report. This would meet the requirement to certify the
Yates moved, Reyes seconded, to accept the report as modified. All voting members
voted "aye."
I Yates moved, and Reyes seconded, to adjourn. Meeting adjourned at 10;41 p.m.
For purposes of additional reporting, a copy of the public hearing panel's
report is attached.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES IIDIIIES