HomeMy WebLinkAbout1995-05-23 AgendaIOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF MAY 23, 1995
7:30 P.IV1.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
ITEM NO. 1 -
ITEM NO. 2-
ITEM NO. 3 -
AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING - MAY 23, 1995
7:30 P.M.
COUNCIL CHAMBERS
CALL TO ORDER.
ROLL CALL.
SPECIAL PRESENTATIONS.
a. Presentation of Citizenship Awards to students from Mark Twain
Elementary School:
(1) Kaleia Hornaday
(2) Jessica Lars,~n
(3) Sven Nelson
(4) Megan Ruxton
CONSIDER ADOPTION OF THE CONSENTCALENDAR
AMENDED.
AS PRESENTED OR
Approval of Official Actions of the special meeting of May 8, 1995, and
the regular meeting of May 9, 1995, as published, subject to correc-
tions, as recommended by the City Clerk.
b. Minutes of Boards and Commissions,
(1) Parks and Recreation Commission meeting of April 12, 1'995.
(2) Board of Library Trustees meeting of April 27, 1995.
(3) Planning and Zoning Commission meeting of May 4, 1995.
(4) Mayor's Youth Employment Board meeting of April 25, 1995.
(5) Airport Commission meeting of April 11, 1995.
(6) Housing Commission meeting of April 11, 1995.
c. Permit Motions as Recommended by the City Clerk.
(1) Consider a motion approving a Class "C" Liquor License for Linn
Street Cafe, Inc,, dba Linn Street Cafe, 121 N. Linn St. (Renewal)
(2) Consider a motion approving a Class "E" Beer Permit for Walgreen
Company dba Walgreens, 1646 Sycamore. (Renewal)
(3)
Consider a motion approving a Class "B" Beer Permit for Iowa City
Tennis & Fitness Ctr. dba Iowa City Tennis & Fitness Ctr., 2400
N. Dodge St. (Renewal)
Announcement page
A~lnounoeme~t
Horow/ I would also like to take the Mayorrs prerogative of
announcing that the Regina High School Girl's Track Team won
the Class 1A Championship last weekend. So, way to go, girls.
But I would also like to take a little minute here to express
on behalf of City Council the sorrow and sympathy to the
family of Mike Howard who passed away. We recognize Mike as
the epitome of a volunteer. He was compassionate. He was an
integral member of the school board. He was thoughtful and he
has a quality of being able to capture the essence of the
discussion the school board was taking part in and
recapitulate it. His friends and his colleagues miss him and
this group also will miss him as well. Thank you.
This represents only a raasonably accurate transcription of the Iowa City council meatlog of May 23, 1995.
F052395
Agenda
Iowa City City Council
Regular Council Meeting
May 23,1995
Page 2
(4)
Consider a motion approving a Class "C" Liquor License for J.S.
Mummey, Inc., dba Mumm's Saloon & Eatery, 21 W. Benton St.
(Renewal)
(5) Consider a motion approving an Outdoor Service Area for
Fitzpatrick's Alehouse, Inc., dba Fitzpatrick's, 525 S. Gilbert St.
(Renewal) , ,
Motions.
(1)
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF 910,260,349.04 FOR THE PERIOD OF APRIL 1
THROUGH APRIL 30, 1995, AS RECOMMENDED BY THE
FINANCE DIRECTOR SUBJECT TO AUDIT. DETAILED INFORMA-
TION ON THE DISBURSEMENTS IS AVAILABLE AT THE CITY
CLERK'S OFFICE.
e. Resolutions.
(1) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR
CHAUNCEY SWAN PLAZA PARKING FACILITY.
Comment: The architect has confirmed that the Chauncey Swan
Plaza Parking Facility has been completed in compliance with the
contract document plans and specifications. The project has been
substantially completed and in use for approximately one year. It
is the recommendation of the Engineering Division that this project
be accepted.
(2)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREE-
MENT BETWEEN THE CITY OF IOWA CITY, IOWA AND IOWA
STATE BANK & TRUST COMPANY FOR PROPERTY LOCATED AT
1521 BROADWAY STREET.
Comment: The City's Housing Rehabilitation Program has received
a request that the City approve a subordination agreement for the
owner of 1521 Broadway St. The owner of 1521 Broadway
Street received 92,250 in the form of a Life Lien and 937,000 in
the form of a Conditional Occupancy Loan through the City's
Housing Rehabilitation Program. Iowa State Bank & Trust
Company is about to increase the first mortgage to 951,O00 to
enable the owners to pay miscellaneous expenses. The appraised
value is 990,000, which provides enough equity to cover the
City's second lien position, which was the City's original position.
City of Iowa City
MEMORANDUM
From:
Date:
Re:
Mayor, City Council and General Public
City Clerk
May 22, 1995
Additions/Corrections to the Consent Calendar
Item No.3c(6) G~onsider a motion approving a Class C Liquor License for Fresh
".~pr~ss Ltd., d~a Seasoh's Best, 325 E. Washington St. (new)
..._ Item No.3c(7) JCons~der a motion approving an Outdoor Servi.ce Area for Fresh
~ / Express Ltd., dba Season's Best, 325 E. Washington St. (new)
Item No.3f(7)
Item No,3e(5)
Item No.3e(6)
Letter from Martha C. Fieseler regarding Johnson County Seats.
Change to Item No.3e(6).
Change to Item No.3e(5).
Agenda
Iowa City City Council
Regular Council Meeting
May 23, 1995
Page 3
~..6~ tlto (3)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN RE-
GARDING A DEFERRED PAYMENT LOAN FOR PROPERTY
LOCATED AT 918 IOWA AVENUE, IOWA CITY, IOWA.
Comment: The owner of the property located at 918 Iowa
Avenue received rehabilitation assistance through Rental Rehabili-
tation funds on February 22, 1985. The financing was in the form
of a 10 year no interest Deferred Payment Loan for 94,300. The
loan terms and conditions expired February 22, 1995, thus the lien
can now be released.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREE-
MENT CONCERNING THE STORMWATER MANAGEMENT
EASEMENT AGREEMENT FOR SOUTH POINTE ADDITION, IOWA
CITY, IOWA
Comment: The Subdivider's Agreement and Stormwater Manage-
ment Easement Agreement for South Pointe Addition obligate the
Developer to construct a stormwater management facility. This
obligation constitutes a lien and a cloud on the title to the lots in
the Subdivision. The Developer has substantially completed the
stormwater facility but a general release of the facilities is not yet
appropriate. This Partial Release Agreement removes the cloud on
the title to the lots in the subdivision while protecting the City by
establishing an escrow fund which will be retained until the facility
and further development which may impact the same are complet-
ed.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREE-
MENT CONCERNING THE PUBLIC WALKWAY FOR LOTS 13, 14
AND 15 WEST SIDE PARK ADDITION.
Comment: The Conditional Zoning Agreement for West Side Park
Addition obligates the Developer to establish an escrow account
for the construction of a six-foot wide concrete sidewalk on lots
13, 14 and 15 before any building permits can be issued for these
lots. This obligation also constitutes a lien and a cloud on the title
to the subdivision lots. This agreement provides for the escrow of
monies to ensure completion of the public walkway when
appropriate, while removing the cloud on the title to lots 13, 14
and 15 in West Side Park Addition.
Agenda
Iowa City City Council
Regular Council Meeting
May 23, 1995
Page 4
j CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
_ AND THE CITY CLERK TO ATTEST A PUBLIC WALKWAY EASE-
MENT AGREEMENT FOR LOTS 13, 14, AND 15 WEST SIDE PARK
ADDITION TO THE CITY OF IOWA CITY, IOWA.
Comment: The Conditional Zoning Agreement entered into
between Smith-Moreland Properties and the City of Iowa City on
September 3, 1991 requires the dedication of a 15-foot wide
public walkway easement on lots 13, 14 AND 15 of West Side
Park Addition before a building permit can be issued for those lots.
This Resolution authorizes the execution of the Public Walkway
Easement Agreement as required by the Conditional Zoning
Agreement for lots 13, 14 and 15 of West Side Park Addition.
(7)
CONSIDER A RESOLUTION AUTHORIZING THE ADOPTION OF
THE REVISED "ALLOWANCES FOR TENANT-FURNISHED UTILI-
TIES AND OTHER SERVICES" FOR THE IOWA CITY HOUSING AU-
THORITY PROGRAMS.
Comment: This is an update of current utility allowances used by
the Iowa City Housing Authority. HUD requires Public Housing
Authorities to review utility allowances annually and make
revisions if necessary. The last time utility allowances were
updated was in 1987. This revision is based on a study of utility
usage by Section 8 and Public Housing tenants. Housing Commis-
sion members reviewed the study and determined that utility
allowances should be increased. They unanimously recommended
that the utility allowances be increased and the rate of increase be
tied to the Fair Market Rent.
(8)
CONSIDER A RESOLUTION AUTHORIZING THE ADOPTION OF
THE REVISED VOUCHER PAYMENT STANDARDS FOR THE IOWA
CITY HOUSING AUTHORITY VOUCHER PROGRAM.
Comment: HUD requires the Housing Authority to establish
Voucher Payment Standards. The Standards may not exceed the
current FMR nor may the Standard be less than 80% of the
current FMR. The staff and the Housing Commission recommend
setting the one bedroom payment standard to equal the average
1 bedroom contract rent in the Certificate program (i.e. 9392.00).
This payment standard would be effective July 1, 1995, which is
the beginning of the fiscal year. This method of setting the
Payment Standards has been used in the past. This was the only
bedroom size that was decreased, and, therefore, is the only
bedroom size needing an increase at this time.
City of Iowa City
MEMORANDUM
From:
Date:
Re:
Mayor, City Council and General Public
City Clerk
May 22, 1995
Additions/Corrections to the Consent Calendar
Item No.3c(6)
Consider a motion approving a Class C Liquor License for Fresh
Express Ltd., dba SeasoNs Best, 325 E. Washington St. (new)
Item No,3c(7) Consider a motion approving an Outdoor Service Area for Fresh
Express Ltd., dba Season's Best, 325 E. Washington St. (new)
Item N0.3f(7) Letter from Martha C. Fieseler regarding Johnson County Seats.
I~No.3e(5~ange to Item No.3e(6).
~,~No.3e(6~ange to Item No.3e(5).
Agenda
Iowa City City Council
Regular Council Meeting
May 23, 1995
Page 5
CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF
AMENDATORY AGREEMENT #13 TO CONSOLIDATED ANNUAl.
CONTRIBUTIONS CONTRACT BETWEEN THE CITY AND THE
FEDERAL GOVERNMENT RELATING TO FUNDS FOR PUBLIC
HOUSING PROJECT NO. IA05PO22006.
Comment: The Consolidated Annual Contributions Contract for
Public Housing is being amended to provide for additional funds
required for the project. This amendment represents the total
grant award for the acquisition of twenty units to ~ 1,740,753.00.
f. Correspondence.
(1) Letter from Joyce Myer regarding garbage collection rates.
(2) Letter from Adam Rohrer regarding city parks.
(3) Letter from Ed Barker regarding Iowa City's waste water plants.
(4) Letters regarding Melrose Avenue from:
(a) Pat Birk
(b) Barbara and James Andrews
(5) Letter and petition signed by eleven residents from the Jeffer-
son/Gilbert area regarding the alley between Jefferson and Market.
(6) Memoranda from the Traffic Engineer regarding:
(a)
(b)
(c)
pp ications for City PlazalUse
Addition to the existing parking meter zone on the south side
of the 500 block of Iowa Avenue.
Existing loading zone in front of 715 North Van Buren Street.
Removal of parking prohibition on the north side of the 1100
block of Hollywood Boulevard.
Permits.
(1)
Application from the National Organization for Women to set up a
table on May 12, 1995, for the purpose of distributing literature
and offering buttons and bumper stickers for donations. (approved)
(2)
Application from the Iowa Socialist Workers Campaign to set up
a table on May 13, 1995, for the purpose of distributing campaign
literature. (approved)
(3)
Application from the Spiritual Assembly of Beha'is to set up a
table on May 18, 21, 23, and 26, 1995, for the purpose of
distributing literature. (approved)
City of Iowa City
MEMORANDUM
To:
From:
Date:
Re:
Mayor, City Council and General Public
City Clerk
May 22, 1995
Additions/Corrections to the Consent Calendar
Item No.3c(6)
Consider a motion approving a Class C Liquor License for Fresh
Express Ltd., dba Season's Best, 325 E. Washington St, (new)
Item No.3c(7) Consider a motion approving an Outdoor Service Area for Fresh
Express Ltd., dba Seasoh's Best, 325 E. Washington St. (new)
.3f( tter from Martha C. Fieseler regarding Johnson County Seats.
Item No.3e(5) Change to Item No.3e(6).
Item No.3e(6) Change to Item No.3e(5).
Agenda
Iowa City City Council
Regular Council Meeting
May 23, 1995
Page 6
h, Applications for the Use of Streets and Public Grounds,
(1)
Application from Todd Shepherd for the use of South Governor
Street between Bowery and the railroad tracks for a block party on
May 29, 1995, (approved)
(2)
Application from John D. Peters for the use of public streets for
the Mormon Trek Commemorative Run on June 10, 1995,
(approved)
(3)
Application from the National Multiple Sclerosis Society to use
public streets for the MS 150 Bike Ride on September 24, 1995,
(approved)
END OF CONSENT CALENDAR
ITEIVI NO. 4 - PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
ITEM NO. 5 -
PLANNING AND ZONING MATTERS,
Public hearing on an ordinance amending City Code Title 14, Chapter 5,
entitled "Building and Housing," Article H, entitled "Site Plan Review,"
by adopting design standards for exterior stairwells and exterior corridors
on multi-family residential buildings,
Comment: At its March 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 4-1 with Jakobsen voting no, recommended
approval of an ordinance requiring City approval of designs for exterior
stairways and corridors on multi-family buildings and adopting design
guidelines for their location and appearance. The Commission's recom-
mendation is consistent with the staff recommendation contained in the
staff report dated January 13, 1995. Comments were received at the
April 11 and April 25 public hearings on this item, A committee with
representatives of the Design Review Committee, Board of Appeals,
Home Builders Association and City Council has proposed that the
guidelines portion of the ordinance be adopted by resolution, According-
ly, staff has drafted an alternative ordinance and resolution for the
Council's consideration.
Action: .~_..~/'~/~r~'42 _.
#3 Consent Calendar page 1
ITEM NO. 3 - CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Morow/ Moved by Nov, seconded by Lehman (to adopt the Consent
Calendar as amended.) The amendments. There is two motions for
approving Class C liquor license for Fresh Express Limited,
formerly known as Season's Best and also approving an outdoor
service area for them. We received a letter from Martha
Fieseler regarding Johnson County SEATS and I will be changing
the order of a couple of items under the agenda. Any
discussion?
Nov/
I have one piece of discussion which I brought up last night
and that would be to convert the six foot sidewalk at West
Side Park to an eight foot sidewalk. That CZA says they must
put in a six foot wide sidewalk and I would like council to
incur that, if they are willing to put in an eight foot wide
sidewalk, the city will pay the extra cost. The same way we
would do it with an oversized street. When we are currently
putting in sidewalks in developments like this we are
requiring an eight foot sidewalk. We just cannot require it in
retrospect.
Kubby/ Are there any topographical reasons that we know about that
eight foot won't be appropriate?
Arkins/ Not that I know of.
Woito/ No. Sarah said it could be done. We can do it be ancillary
agreement. If there are a majority of you that want to do it,
you can direct us to do that.
Nov/ We can go ahead and approve what is on the agenda today and
then just write an addendum and agree to that later?
Woito/ Right.
Horow/ Is that all right with you? There is a consensus.
Baker/ Depending on what it costs.
Morow/ Thank you. Any other comments? All right. Roll call (yes).
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F052395
#4 page 1
ITEM NO. 4 PUBLIC DISCUSSION (ITF24S NOT ON THE AGENDA).
Horow/ Public Discussion. This is time for items not on the agenda.
I would ask you to sign in, state your name, keep your
comments to no more than five minutes for items not on the
agenda.
Rene
Paine/ I am the Director of PATV. On April 2 we celebrated our
5th Year Anniversary as PATV. That was exciting for us. We had
an Open House on that Sunday and we had a very encouraging
turnout. I was happy to see all of the people stop by and help
celebrate with us and we are looking forward to a future,
hopefully. Our interest in the refranchising negotiations with
TCI grows daily and we really hope for a favorable outcome for
access for Iowa City. The only thing I would like to do
tonight is handout our Annual Report which we just finished
and I would like to present each of you with a copy. If you
have any questions about it you can give me a call at the
Access Center.
Horow/ Thank you.
Ed
Barker/ I want to address the council briefly on the water
situation. It appears that the council is moving in a
reasonable prudent manner for the water plant although we do
not have details on that and I would suggest that we be
provided with a detailed actual cost of these projects, both
of them. The figures that were on the charts last night at the
Work Session just didn't add up to the numbers that are being
used in the paper, the $43 million and the $50 million. And so
as we explored them we found other things that we had
questions about but I won't go into that this evening. So I
think it would be good if the public could receive accurate
information on what is projected to be the cost at the present
time. On the situation with the DNR. I began talking with you
way back in December 6 at a public meeting in regard of the
willingness of the DNR to discuss alternative timing. I
followed that up with a letter to the council on December 8.
There was a guest opinion in the paper December 12. A letter
to the City Manager on December 21. And a letter to council on
February 24. All of which stressed my contact with the DNR at
that time by phone that they always expressed most willingness
to discuss an alternative schedule. In regard to the comments
about the question of whether the EPA will accept what the
DNR, I get that mixed up with the DNA sometimes now a days.
The DNR will do with the EPA. There is a question in the
comments at least attributed to Mr. Atkins in the paper this
This represents only a reasonably accurate transcription of the Iowa City council meeting of May 23, 1995.
F052395
#4 page 2
evening about the City Manager Stephen Atkins told councilors
that while he would ask the DNR for more time as they
instructed him, the ultimate decision to whether an extension
will be granted lies with the EPA. In his opinion, the EPA
will not allow more time for the project. I had talked with
the DNR people today and out the question to them and they
said that it is very very rare that the EPA would not accept
a recommendation that has been reached between the city and
the DNR because they are their registering agency and it would
be very very unlikely. They may ask a question or two but it
would be unlikely to say no. Now, the question on financing,
if we accept all of the city assumptions in interest rates and
so forth, I would like to see a commitment from the council
that if the interest comes in lower than 7% and currently it
is 5.7, 6 to 7. And if bids come in under estimates and if
there is growth in the community that all of that savings be
earmarked for rate reduction because I think your assumptions
are very very conservative and you will probably have more
money that you think. Now, we stand ready and when I say we,
I think the people of the community, to work together to
achieve four goals. And I say working together, not as
adversaries as it sometimes appears. To arrive at a prudent
decision with regard to the environment, to make final
decisions that can be supported by a significant majority of
the populace, to develop a construction schedule based on the
physical capabilities of the construction industry and provide
quality drinking water in the quantity necessary for our
vibrant community. And I think those goals can be achieved but
I can't stress too strongly that in my judgement the DNR would
be very willing to discuss these alternative time frames and
help us get through this so that these projects can receive a
large support for the majority of the people.
Horow/ Okay, thank you, Ed. Anyone else care to address council on
any issue not on the agenda?
Elinor Moffitt/ I would like to speak on SEATS. Am I out of order
with this?
Horow/ No.
Moffitt/ Oh, all right. I have been a SEATS rider for 10 years and
it is SEATS that makes it possible for me to live
independently. I would like to comment the SEATS drivers are
well trained. They are seasoned. They are experienced and they
are irreplaceable. And also, as to the proposal on page 2, it
says the paramount service shall be service shall be operated
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F052395
#4 page 3
as door to door service. Now that could be hardship for some
of us, especially those who live upstairs because I am sure I
am not alone in needing someone to come in and help me up the
stairs and take groceries and things up that I carry. Another
thing is that when SEATS driver is picking you up, if you
don't appear at the exact moment, they will come and look for
you. Now, elderly people have strokes, they get sick, things
happen to them. And SEATS understands this. So they check up
on you. There is another item. This is on page 4, the
proposal. Well, I guess I am on the wrong page here. No, this
is right, page 4. Dispatcher will coordinate requests through
a private taxi operator. Now, a taxi does not work for me and
I don't think I am alone in this either. Taxis are known and
the drivers for speed and that is their job and they are good
at it and as much as they try and as helpful as they try to
be, they're no substitute for someone who knows that older
people are slow. My first experience with a SEATS taxi, I had
called SEATS and they had sent a cab. It appeared out in front
but by the time I had gotten to the door it was gone. They
sent it back and I said why did you leave and the driver said
well, it was more than three minutes and I said but I can't
get down the steps in three minutes. So, I think that as
helpful as the taxi drivers try to be and as willing and they
are very courteous, they don't understand what it is like to
be old and SEATS understands slow and that is all.
Horow/ Thank you very much.
Pigott/ Thanks, Elinor.
Horow/ Anyone else care to address council on any issues not on the
agenda?
Anna
Buss/ From 525 West Benton Street and I just kind of came to
the council tonight. I have a question. I read in the paper
that the City is considering putting our police officers on
bicycles and that we are going to buy $1,000 bicycles and I
was wondering what brought this to be to the conclusion that
we needed $1,000 bicycles and at one point we had I think bike
patrol and weren't they out of the P/R Department?
Horow/ That was the Police Department.
Buss/ It was the Police Department. Were they like Community
Service officers?
Kubby/ They were a notch below kind of. They weren't sworn
This represents only a reasonably accurate transcription of the Iowa City coancll meetleg of May 23, 1995.
1:052395
#4 page 4
officers. They couldn't give tickets, no power of arrest, no
firearms.
Horow/ Steve.
Pigott/ Anna, good question. I talked to Steve about that same
thing.
Buss/ I know a lot of people that would sell bicycles for less than
that, especially if they are going to buy ten.
Pigott/ From what I understand from talking with Steve is that was
an outward budget projection. What they are hoping to do is
get bikes for less than $600. That what they are trying to do
is outfit the bicycles that they do have to last a longer
period of time. That they are going to search for the best
deal possible and that that $1,000 figure was not the figure
used to purchase a bicycle but in they are looking at less
than $600 according to Steve from what we have talked about
and that that $600 or less would be used not just for your
average bicycle but one beefed up with the side baskets and
many of the other functional items that they need to put on a
bicycle for a police officer. I think your concern is well
justified. I certainly think that a $1,000 does sound like a
lot of money and I think they are working to get something a
lot cheaper than that.
Buss/ Yeah because when that came out in the paper I know I
received a bunch of interesting comments because we were all
talking about it at one of the meetings that we were at. So
thank you so much.
Pigott/ Thanks, Anna.
Horow/ Anyone else care to address council?
Ed Barker/ I inadvertently took the sign in sheet. Maybe I have 30
seconds left. I would like to refer you to the January 2
letter by Steve which to the legislators is an excellent
letter to read and review.
Horow/ Thank you.
Pigott/ Thank you.
Horow/ Okay.
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FO52395
#5a page i
ITEM NO.
Public hearing on an ordinance amending City Code
Title 14, Chapter 5, entitled "Building and
Housing," Article H, entitled "Site Plan Review,"
by adopting design standards for exterior
stairwells and exterior corridors on multi-family
residential buildings.
Horow/ Declare the ph. open.
Franklin/ Excuse me. You have a new ordinance before you that
includes the exterior lifts per your instructions from last
night and the vote tonight is on the ordinance. The resolution
on the design guidelines will come with your third
consideration of the ordinance.
Horow/ Okay. Anyone else care to address this issue? Declare the
p.h. closed.
This represents only a reasonably accurate transcription of the Iowa City council meeting of May 23, 1995,
F052395
Agenda
Iowa City City Council
Regular Council Meeting
May 23, 1995
Page 7
Consideration of an ordinance amending City Code Title 14, Chapter 5,
entitled "Building and Housing," Article H, entitled "Site Plan Review,"
by requiring City approval of designs for exterior stairwells and exterior
corridors on multi-family residential buildings. (First consideration)
Comment: See item a. above,
c. Public hearing on an amendment to the Comprehensive Plan to adopt
"IOWA CITY: BEYOND 2000 -- Iowa City's Vision for the Future."
Comment: At its meeting of April 20, 1995, the Planning and Zoning
Commission recommended, by a vote of 5-0, adoption of "IOWA CITY:
BEYOND 2000" as an amendment to the Iowa City Comprehensive Plan.
"IOWA CITY: BEYOND 2000" is a statement reflecting the vision 80
Iowa Citians hold for our City in the next century. This statement was
reviewed by seven of Iowa City's citizen boards and commissions prior
to the final recommendation by the Planning and Zoning Commission.
Consider an ordinance conditionally amending the use regulations of an
approximate 1.63 acre lot located on the west side of Waterfront Drive,
approximately 140 feet north of Stevens Drive from CC-2, Community
Commercial, to C1-1, Intensive Commercial. (REZ95-0004) (First
Consideration)
Comment: At its April 6, 1995, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of a rezoning
application submitted by Boyd & Rummelhart, Inc., subject to screening
of any outdoor storage areas. The Commission's recommendation is
consistent with the staff recommendation contained in the staff report
dated April 6, 1995. Public input was received at the May 9 public
hearing on this item. In a letter dated March 16, 1995, expedited
consideration of this item was requested by John R. Rummelhart, Jr.
Action:
#5b page 1
ITEM NO. 5b.
Consideration of an ordinance amending City Code
Title 14, Chapter 5, entitled "Building and
Housing," Article H, entitled "Site Plan Review,"
by requiring City approval of designs for exterior
stairwells and exterior corridors on multi-family
residential buildings. (First consideration)
Kubby/ Move first consideration of the alternative that is shorter
that has the guidelines as resolution and includes the
exterior lifts.
Horow/ Moved by Kubby, seconded by Pigott. Any discussion?
Kubby/ It was a very interesting process being at the meeting with
all the parties that had a big interest in this and that
really were in the same place in terms of the guideline. What
the specific guidelines at this point are. But the shift in
the process made everybody feel a lot more comfortable and in
reality what it does is it still gives our staff guidelines as
to how to say yea or nay to exterior stairwells, corridor or
lift. But also gives Karin some flexibility as well in case
someone comes up with something different. It was real fun to
be part of this and see how that slight in process made all
the difference in the world.
Horow/ Great. Any other discussions? Roll call (yes). First
consideration passes.
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F052395
#5c page 1
ITEM NO.
Public hearing on an amendment to the Comprehensive
Plan to adopt "IOWA CITY: BEYOND 2000 -- Iowa
city's Vision for the Future."
Horow/ P.h. is open. I would ask you to sign in, state your name,
and keep your comments to five minutes. There is a portable
mic out here. Oh, it is right here.
Linda Carter/ Johnson County Coalition for Persons with
Disabilities. We sent this letter to all city council members
a couple of weeks ago but I'm going to read it. We the Johnson
County Coalition for Persons with Disabilities are
dissatisfied with the most recent version of Iowa City Beyond
2000 edited by the P/Z Contmission. They decided to erase all
references to persons with disabilities and change them to all
citizens. We believe that the following paragraph should be
added to the preamble. Persons with disabilities are made up
from people from every segment of society. The likelihood of
becoming an individual with a disability increases the longer
one lives. Historically, persons with disabilities have been
ignored when all has been used, therefore it is imperative
that persons with disabilities be included in every aspect of
the vision for Iowa City. We want you to put us, persons with
disabilities, back in the edited task force vision statements.
We want you to upgrade the terminology from special population
and persons with special needs to persons with disabilities.
We want to be mentioned in every task force vision statement.
Feel free to discuss any of these matters with us. We can be
reached through the Resource Center for Independent
Living, 338-3870. Thank ~ou, respectfully Johnson County
Coalition for Persons with Disabilities.
Kubby/ Thank you Linda.
Horow/ Thank you.
Carter/ Oh, And I liked what you said about SEATS.
Tim Clancy/ Please excuse the nerves. Members of the council, as we
stated in our earlier letter, we support the inclusion of
specific references to persons with disabilities to the extent
that those references were contained in the products of the
task forces. It is noteworthy that the citizen members of many
of t~e.task fgrces thought it was important enough to include
specific mention of persons with disabilities as a priority.
The problem with the current vision statement is that the
specific mention of persons with disabilities was changed to
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F052395
#5c page 2
all citizens. What was once a mandate by the citizens as a
priority, has turned to an ideal that at once means everything
and nothing. Further, the use of the phrase all citizens is
sufficiently nebulous as not to lead anyone to think of
anything he or she has not previously considered. in
conclusion we trust that the deletion of definite reference to
persons with disabilities does not portend a retreat to their
amorphous feel good politics of the past. Please know that we
the Coalition do not plan to go back.
Horow/ Thank you.
Clancy/ And I think that it's also worth noting that when I say
mandate, what we are specifically referring to here is that
many of the respected task forces listed within their ten
priority statements within the vision persons with
disabilities as an area that needed specific focus for the
future. So that please put back that specific reference within
each of the respective task forces.
Horow/ Could you state your name and sign in for us please?
Clancy/ Oh. I'm sorry. Tim Clancy.
Horow/ Okay. Thanks.
Kubby/ Linda, if we were interested in changing some of the wording
back, do we need to continue the p.h?
Woito/ No, because there's been enough discussion.
Nancy Ostragni/ Sweetbriar Avenue. I'm also a member of the Johnson
County Coalition for Persons with Disabilities. In
constitution it says all men are created equal. However the
ADA is under attack by the Contract with America and while our
people are all citizens, I'm afraid in this visions statement
will result in access for able bodied people and if there's
enough funding left over, access for persons with
disabilities. I think that Iowa City has the opportunity to
make a strong statement for more curb cuts and traffic devices
and ramps, things that specifically persons with disabilities
can use and make the more the fully functioning in this
community. Thank you.
Horow/ Thank you very much.
Mark Brun/ There's some people in our coalition but don't realize
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F052395
#5c page 3
our group is down here tonight. And don't who knocked down
his __ because we here in Iowa, people go here to school,
come here and rule and that. I just want to reemphasize that
you are trying to, you have an opinion but don't overlook
people who come from outside of Iowa City because they won't
have a chance to say it tonight because school's out and make
some statement, you've got to vote on it. But it was too bad
we could not have enough people down here because you're
helping our coalition to persons with disabilities but you are
already considering outside people about statement. Don't
overlook our outside people when we dec-i-~-e to vote for it
because I'm not talking about our people, I'm talking about
people who come to Iowa City __ small group and how many
other people in Iowa City can bring__ some wording in the
statement. Thank you.
Horow/ Thanks. Anyone else care to address council?
Derek Mauer/ 328 S. Governor Street. I was a participant in this
project and I'd like to share a few thoughts with you about it
now that it's culminating at this point. First I'd to observe
that whether or not the council approves the document and
amendments to the Comprehensive Plan, the process by which the
document was formulated was a very worthwhile exercise. It was
worthwhile because eighty citizens now have a better
understanding of public policy and because city staff who
facilitated and supported the work of the task forces now have
a better understanding of how residents think about and
approach these issues. I certainly commend the council and
city staff for conceiving and implementing the project.
Second I'd like to suggest that the composition of the task
forces provides an appropriate model for the way you make
appointments to city commissions. The task force I was on, the
Task Force on Economic Well Being, and I think others as well
represented broad range of opinions and perspectives about
Iowa City and its future, and the interaction of people
representing different viewpoints was a very productive
exercise and the policies and goals they formulated took all
these viewpoints into account and again I'd like to suggest
that is an appropriate way to approach appointments to the
commissions, that the commissions should represent as much as
possible a broad spectrum of opinion and sentiment about Iowa
City's future. Finally, I'd also like to observe that adoption
of this document, amendment of the comp Plan, does not
accomplish the goals articulated in this vision plan. Some of
the goals stated in the document apply a substantial
commitment in terms of public policy and if I might mention
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F052395
#5C page 4
just a few examples. Some if the goals will cost money. If you
really consider arts to be a vital city service, that could
cost money. If you really intend to establish bikeways that
connect open spaces, recreation areas, and the downtown, that
will cost money. Some of the goals challenge the prerogatives
of property owners. For example if, I'll have to refer to the
text here, if the city of Iowa City develops planned
neighborhoods that support the principles of diversity of both
housing types and households and provide opportunities for
interactions among neighbors as stated on page seven, that
challenges the prerogatives of property owners. Likewise, if
we mean to retain the character of the community by preserving
historic landmarks and older neighborhoods and by encouraging
adaptive reuse and compatible in-fill, that also will
challenge the prerogatives of some property owners. And others
of the goals entail and ongoing commitment on the part of the
city council and city staff of, for example, if we really do
cherish existing neighborhoods and our downtown, that is
something that will come to the council in many different
kinds of decisions over a long period of time. Likewise,
developing criteria for use in dispensing financial incentives
for economic development also is a long range project. So in
brief, I just mean to say that achieving these goals will test
council members principles and commitment long into the
future. And is not simply accomplished by passing these
amendments to the comp plan. Like any consensus document there
are things in it I don't agree with, however I do urge you to
approve it perhaps with some modifications as suggested here
tonight. But more important, I urge you to commit yourselves
to the principles and goals articulated herein. Thanks.
Pigott/ Thanks, Derek.
George Starr/ 830 Davenport. Vice-chair P/Z Convission. I assure
you that it's not the Commission's intent to go back. It is
only the Commission's intent to move forward. And I have some
prepared comments but some of them do not have to be said now.
Obviously you're aware that the Commission has made certain
recommendations to the Iowa
The Commission would like to
the insightful work on this
and staff that worked on
City Beyond 2000 draft document.
take this opportunity to applaud
document by the nine task forces
it. One of the Commission's
suggestions deals with the concept of full inclusion. Full
inclusion is quite simply including all groups of individuals
as a whole. This whole in this case being all citizens of Iowa
City. The inclusive changes recommended by the Commission
provide for all individuals. This means that issues affecting
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F052395
#5c page 5
people who are elderly are included as well as young children;
people with disabilities; people of different races cultures,
lifestyles, and socio-economic backgrounds. This list could go
on and on and on. This was exactly the problem that the
commission faced as we considered the full inclusion issue.
How could this document accurately reflect the vision of this
community if certain goals targeted certain individuals but
excluded others by virtue of not mentioning them specifically.
As a document of vision, it seemed an appropriate place to
affirm that Iowa City will be sensitive to not only the needs
of people with disabilities, but all of its citizens. I have
personally been involved in sometimes heated discussions about
the concept of full inclusion for the past five years. There
are always two sides to this issue. The goal is always the
same however and that goal is equal rights. It is a
philosophical approach to the problem that can be different.
I do not believe that there's a difference of opinion in this
room tonight about what needs to be accomplished to insure
equal rights and equal access for people with disabilities. I
think there is a philosophical difference about the
feasibility of full inclusion. I personally believe and I
believe the Commission believes that it can be accomplished.
It is my vision that Iowa City will be an inclusive,
accessible and safe community for all citizens. I would like
these things accomplished naturally and simply as a matter of
fact without having to be continually reminded of the right
things to do. This is a vision and we are talking tonight
about a vision statement. It is the way things should be. And
what I believe and what the Commission believes should be
reflected in a vision document. Policy however is a document
of a different color and should reflect specific needs of the
community. A vision document will not and should not replace
the process of the public telling us when we're doing
something wrong and believe me, it won't. I applaud the
involvement of the community in this effort and I encourage
continued involvement to ensure that the vision for Iowa City
including inclusion, is accomplished. And I appreciate the
opportunity to present the Commission's views on this. Thank
you.
Kubby/ George, was there much discussion on P/Z about the task
forces that especially wanted to make sure that there was some
focus in our vision on issues of interest and accommodations
for persons with disabilities?
Starr/ Yes, there was quite a bit of discussion and again I guess
I would go back to the concept of the possibility of excluding
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F052395
#5c page 6
as opposed to included.
Kubby/ But is there a way to be inclusive yet highlight what our
citizens to the task force process has said, wanted to be all
inclusive and we want to focus on a certain population of
people within our community. Is there a way to do both in a
vision statement or was there conversation about that?
Starr/ I'm not sure there is really specific conversation to
address that particular question. I guess my personal feeling
and since it wasn't discussed at the Commission level I don't
feel I can speak for the Commission at this point, but my
personal feeling is that as a vision document. Looking at Iowa
City what we would like it to be in the year 2000. Certainly
it is a pie in the sky kind of issue, but my understanding is
that this document, will also be used to amend the comp plan
which can also be used to develop policy. It seems to me that
the concept of full inclusion can certainly be included in the
vision document. And as we attempted to do in the preamble to
the vision document include what we mean by inclusion, and
then take those forth into the comp plan and deal with the
various specific issues in the policy development process. And
again I would repeat that I would hope that there would be
considerable public input into that process and I can
personally guarantee you for one-
CHANGE TAPE TO REEL 95-68 SIDE 2
Starr/ Needle, reminding them about certain issues. In particular,
disability issues.
Baker/ George, can I ask you a quick question for clarification?
You mentioned a few seconds ago the Preamble where you
specifically mentioned certain groups. Can I just read one
sentence from that preamble to make sure that is indeed the
reference that you are making and I think the public needs to
be made aware that this goal is in the document very early. It
is on page 2 of the document. Iowa city will be an inclusive
accessible and safe community to all of its citizens embracing
persons with disabilities and all races, cultures, lifestyles
and socio-economic groups. That was the specific reference you
were making?
Starr/ Correct.
Baker/ Okay. Thank you.
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F052395
#5c page 7
Lehman/ George and Susan I apologize for this because I know we are
not suppose to make comments at p.h.s.
Horow/ Right.
Lehman/ I think if you use the word all citizens in a very noble
sort of thing to say. But I think it is also a little naive.
For over 200 years we have talked about all the people and
certain segments of our society have not been included in all
those forms and it seems to me that this phrase everything and
nothing when referring to all citizens that Jim has in his
statement really really has some meaning. We say all people
and that is it. For 200 years all people have been all people
but it has not included those with disability and I guess I
really think that we have not emphasized those folks for so
long, it has only been the last very short period of time,
that to use the word all citizens and not emphasize folks with
disabilities is an error on our part.
Starr/ Are you asking for a con~ent?
Lehman/ No. I am just breaking the rules.
Starr/ Okay.
Kubby/ You don't do that very often.
Horow/ Thank you, George. Any other comments?
Walsh/ Could we have a motion to accept correspondence?
Horow/ Moved by Pigott, seconded by Kubby to accept correspondence.
Any discussion? All those in favor signify by saying aye
(ayes). Okay. Declare the p.h. closed.
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F052395
Agenda
Iowa City City Council
Regular Council Meeting
May 23, 1995
Page 8
Consideration of an ordinance amending City Code Title 14, Chapter 6,
entitled "Zoning," Article N, entitled, "Off Street Parking and Loading,"
to reduce the amount of required off-street parking spaces and amend
the parking area design standards in the CN-1, Neighborhood Commer-
cial zone. (Pass and Adopt)
Comment: At its March 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended adoption of ordinance
amendments to reduce the amount of off-street parking spaces required
in the CN-1 zone. The Commission's recommendation is consistent with
the staff recommendation contained in the staff report dated March 2,
1995. No comments were received at the April 11 public hearing on
this item.
Action: ~'~/~/~ ~' ~,.~
Consideration of an ordinance conditionally amending the use regulations
of approximately 34.21 acres located west of Taft Avenue along Court
Street extended from RS-5, Low Density Single-Family Residential, to
CN-1, Neighborhood Commercial (6.93 acres), RM-12, Low Density
Multi-Family Residential (12 acres), and RS-8, Medium Density Single-
Family Residential (8.14 and 7.14 acres). (REZ94-0016) (Pass and
Adopt)
Comment: At its March 2, 1995, meeting, the Planni.ng and Zoning
Commission, by a vote of 5-0, recommended approval of a rezoning
application submitted by Windsor Ridge Development Company, subject
to certain conditions. The Commission's recommendation is consistent
with the staff recommendation contained in the staff report dated
February 16, 1995. No comments were received at the April 11, 1995,
public hearing on this item.
Action: ~/~//~2~//__~ f~ ~(~'
Agenda
Iowa City City Council
Regular Council Meeting
May 23, 1995
Page 9
Consider a resolution approving the preliminary plat of East Hill
Subdivision, a 36-1ot, 13,11 acre residential subdivision located at 655
Meadow Street, {SUB95-0009)
Comment: At its April 20, 1995, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the East Hill
Subdivision preliminary plat, subject to 1) City approval of the Grading
and Erosion Control Plan prior to Council consideration of the preliminary
plat, 2) dedication of a public access right-of-way rather than access
easements between Lots 6 and 7, and 3) City acceptance of the
developer's offer to dedicate Outlot A, if the Parks and Recreation
Commission supports said dedication. The Commission's recom-
mendation is generally consistent with the staff recommendation set
forth in the staff report dated April 20, 1995. It is anticipated that the
Grading and Erosion Control Plan will be approved prior to the Council's
May 23 meeting.
Consider a letter to the Johnson County Board of Supervisors recom-
mending approval, with conditions, of an application submitted by Alan
Weinstein for a conditional use permit to allow a home business, an art
gallery, for property located in Fringe Area 5 at 3800 Owl Song Lane,
S.E., immediately north of Iverness Court and east of Arlington Drive.
Comment: Staff recommends that City Council forward a letter to the
Johnson County Board of Supervisors recommending that CU9501, a
request for approval of a conditional use permit for a home business, an
art gallery, on property located within Fringe Area 5 at 3880 Owl Song
Lane SE, be approved, conditioned upon landscaped screening being
installed around any parking area that is visible from a public street or
another lot, a time limit of two years being placed on the approval of the
conditional use permit, and upon the permit expiring if the property is
annexed. Without these conditions, staff recommends that the
application be denied. The Planning and Zoning Commission will
consider this application at its May 18, 1995, meeting. The Commis-
sion's recommendation should be available for the Council's May 23
meeting.
Action:
#5h page 1
ITEM NO.
Consider a letter to the Johnson County Board of
Supervisors recommending approval, with conditions,
of an application submitted by Alan Weinstein for a
conditional use permit to allow a home business, an
art gallery, for property located in Fringe Area 5
at 3800 Owl Song Lane, S.E., immediately north of
Iverness Court and east of Arlington Drive.
Horow/ Moved by Kubby, seconded by Baker. Discussion.
Nov/ I would like to submit the letter as approved by P/Z but there
were a couple of different items in here. Another subject to:
That the permit will expire upon annexation, sale, or the
lease of the property as well as the two year expiration.
Kubby/ Yeah, that letter.
Nov/ Right. That is the letter we are talking about.
Kubby/ Great.
Horow/ All right. Any other discussion? Roll call (yes). Thank you,
Naomi.
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F052395
Agenda
Iowa City City Council
Regular Council Meeting
May 23, 1995
Page 10
ITEM NO. 6 -
PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 14, CHAPTER 5-E
ENTITLED "BUILDING AND HOUSING" CITY CODE BY REVISING ARTICLE
E ENTITLED "HOUSING CODE" TO ENHANCE THE LIFE SAFETY PROVI-
SIONS FOR EXISTING RENTAL HOUSING.
Comment: The proposed amendments to the Housing Code were initiated by
the Housing Inspection staff and the Fire Marshal. They have been
unanimously recommended by the Housing Commission. The amendments
are intended to enhance the life safety provisions of the Iowa City Housing
Code. This public hearing was continued from the Council meeting of May
9, 1995.
ITEM NO. 7 -
ITEM NO. 8 -
CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 5-E ENTITLED
"BUILDING AND HOUSING" CITY CODE BY REVISING ARTICLE E ENTITLED
"HOUSING CODE" TO ENHANCE THE LIFE SAFETY PROVISIONS FOR
EXISTING RENTAL HOUSING. (FIRST CONSIDERATION).
Comment: See item above.
ANNOUNCEMENT OF VACANCIES.
a. Previously announced vacancies.
(1)
Board of Adjustment - One vacancy for an unexpired term plus a
five-year term ending January 1,2001. (RickVogelzangresigned.)
(2 males and 2 females currently serving on the Board.)
This appointment will be made at the June 27. 1995, special meeting
of the City Council.
b. Current vacancies.
(1)
Human Rights Commission - One vacancy for an unexpired term
ending January 1, 1998. (Sara Mehlin resigned.) (2 males and 6
females currently serving on the Commission.)
This appointment will be made at the June 27, 1995, special meeting
of the City Council,
#6 page 1
ITEM NO. 6 -
PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 14,
CHAPTER 5-E ENTITLED "BUILDING AND ROUSING" CITY
CODE BY REVISING ARTICLE E ENTITLED "ROUSING CODE"
TO ENHANCE THE LIFE SAFETY PROVISIONS FOR EXISTING
RENTAL HOUSING.
Horow/ This is a continuation of the p.h.
Dick Hupfeld/ I live at 3 Mr. Vernon Court. I am the current
President of the Greater Iowa city Apartment Association. I
have a position statement from the association on this
particular item I would like to read. This position statement
is in response to the council's request for some input by the
Greater Iowa City Apartment Association on the proposed
changes to the Iowa City Housing Code. Interestingly enough,
for the most part we find it acceptable. We are concerned with
the inclusion of the State of Iowa Fire Code requirements
within the Housing Code for two reasons. We don't see any
reason for this action since it already applies to our
properties. That is not any new thing. Secondly there is much
broader more fundamental issue which needs to be addressed
which the State Fire Code is a part of that greater issue.
This broader issue is what level of inspection of rental
housing is appropriate. In about 1979 a citizens task force
consisting of representatives from the city, community at
large, the PAT and the Apartment Association drafted and
unanimously reco~amended that the city adopt the proposed
Housing Code. This document became our Housing Code. However
the problem is that while it initially defined inspection
standards and procedures it no longer does. There has been a
large list of additions in responsibilities of the rental
housing inspector. Our rental units are now inspected for the
Building Code, Zoning Code, Housing Code, State Fire Code,
Tree Ordinance compliance. All of this has happened piece mill
and over time. One small additional responsibility here, a new
requirement to enforce there. We suddenly have a much larger
set of requirements of which to comply. All of this was done
according to Housing Inspection officials at the direction and
desires of the Iowa City Council. Actually the only
requirement for rental housing inspections is found in the
Iowa Code and the Iowa Code requires cities with a population
greater than 15,000 to have "a regular inspection program for
rental housing." And it is very nebulas in terms of what that
should be. So obviously we sort of decide what that should be.
The present Housing Code fulfills this requirement. All of the
other inspection activities have been added by local
government initiative somewhere. We fill that a review of the
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F052395
#6 page 2
situation sorely needed to look at the big picture and
evaluate what is an appropriate level of requirements and
inspections. Iowa City's rental housing is one of the most
highly inspected and regulated in the state. Our community
also has one of the best quality rental housing inventories in
the state. But it is also one of the most expensive places to
live in the state. Not that council's actions are responsible
for that. But they actually contribute to it in this
situation. We believe there is a clear cause and affect
relationship between the cost of rental housing in Iowa City
and the high cost level of local building, development and
rental unit regulations. There are costs as well as benefits
associated with having stringent building and rental housing
standards and there are trade offs between these costs and
their benefits. Therefore, from our perspective, the question
is how rigorous a level of housing standards should Iowa Cit
have if the cost of higher standards is the dearth of
affordable housing. We ask that you establish a task force to
look into this issue and make recommendations to you. In the
interim we ask that the State Fire Code not be added to the
Housing Code at this time and that a moratorium be placed upon
further regulation of this part of our local economy until the
task force has submitted its report. We feel that such a task
force should involve all the parties with an interest in this
issue including students, tenants, low income tenants, limited
income perspective home buyers, builders, developers,
apartment owners, managers and appropriate city personnel.
Thank you.
Baker/ Dick, can I ask you a question for clarification? Do you
want this task force to be formed to look into regulation?
Hupfeld/ We are looking at appropriate level of enforcement and if
I look at rental property and I look at non-rental property.
Obviously we have some capabilities of regulating both. We
actually have responsibilities to regulate both. We have
chosen that from a s.f. owner occupied that a complaint basis
is very adequate. We obviously, relative to rental property
housing, have chosen to have a very stringent inspection
program. It seems to be a great big dichotomy there in terms
of our strategies relative to having safe housing , if you
will. So, I am asking something to be investigated here which
would identify an appropriate level of inspection. I can point
out particular things like should it be appropriate the city
cites me because my bushes need tri~uming? Should it be
appropriate that the city cites me because I have some peeling
paint on my building? That is not a safety issue. It is
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F052395
#6 page 3
obviously something else. As I drove down here tonight I
started looking at houses like I do a lot and I said I could
probably go down any particular street in town, identify a lot
of these issues and for the most part, they are s.f. owner
occupied and we don't really think they are significant there.
I am not sure why we think that same thing is significant in
rental property. Clearly we have economic incentives to
maintain our properties. Certainly we want them to be rented
and appearing properly a part of that. So, any other
questions?
Baker/ No, I just wanted to get clear what you, indeed, wanted to
look at. Thank you.
Nov/ And I would like us to be able to say that you are assuming
vacancy issues are important and the trimming of shrubs are
less important?
Hupfeld/ Yeah. I mean we certainly have deemed that it is not
important enough that we go around every single s.f. property
for shrub pruning.
Nov/ Okay. You are not going to have your own s.f. home inspected
to be sure that there is a smoke detector in every bedroom?
But you are going to have your rental property to insure that?
Hupfeld/ And I think that is reasonable. We certainly believe in
safe housing and there is no doubt about that.
Nov/ I just wanted to clarify what we are all saying.
Hupfeld/ The point that I am making is that there is a compromise
between the level of inspecting and economics here because
these issues never subtract costs. They only add costs.
Pigott/ You know I think that there is nebulas area in Naomi
pointing out the gray area and it is sort of helpful. You have
sort of listed a couple of things but the more examples of
that sort of what you folks and organization would see as
inappropriate are always helpful. It gives us a clearer and
clearer definition. I think you have started on a couple. I
just welcome you to give me personally or anyone else some
more of those examples. Maybe not here but whenever-
Hupfeld/ I mean there is clearly Code to support those things and
you would be surprised how much code there is to support any
violations that you have in your own s.f. home if it was
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F052395
#6 page 4
chosen to enforce it to that degree. So there is no doubt
about that. The question really is how far should we enforce
that. I told Bruno earlier it is maybe a little bit analogous
to should we enforce people for a 26 m.p.h. violator in a 25
m.p.h. speed limit? Probably not. We probably would just have
a very upset constituency if we chose to do that. I think to
a certain extent you have a little bit of an upset
constituency right now in the Apartment Owners Association
because I think you have gone too far.
Horow/ Thank you. Anyone else that cares to address this issue?
Boothroy/ I would like to respond to Dick's comments because I
think there is another viewpoint that needs to be stated
publicly. I think that I like to summarize it in a nutshell by
dealing with it in terms of the concepts of efficiency, common
sense and customer service. The Department of HIS is obligated
or empowered through the passage of various laws to enforce.
I think everything that deals with land use regulations and
that goes from snow complaints, weed complaints, housing code,
nuisances, junk vehicles, etc. That-those laws, as I
understand it, are expected to be enforced and the issue of
efficiency comes then, I think, when we are talking about the
efficient use of inspector's time. When inspectors is on the
site it is most efficient for them to make that inspector
while they are there as opposed to ignoring the problem, if it
is a zoning violation, or reporting it back to the office and
having a different inspector go to the site. When I first was
appointed as Director of HIS some 10-11 years ago it was not
unconhmon to have 2-3 inspectors show up to the same site for
various reasons and so the question of limited resources and
the efficient use of personnel is very much at heart here. We
are not talking about additional regulations. When we are
talking about the Tree Regulations that were adopted in 1977,
maybe they were not strictly enforced but it is my impression
that the expectation of the city council and the expectation
of the neighbors and the expectation of the Planning
Department that worked on the preparation and the expectation
of all these various customer groups, that those regulations
would. once applied to the property, would be maintained on
the property unless the laws were changed and what we found as
an example of the Tree Regulations which was something that we
have looked into most recently within the last four years,
that we have found some sites that are as much as 40%
deficient on the maintaining of the required trees and some
cases the trees have been removed and the areas have been
paved over and I understand that sometimes it is a surprise to
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F052396
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subsequent property owner when we come out and we say listen
the approved site plant which authorized the construction of
this building showed 35 trees and these were all required
trees, they may not be aware of that because when they bought
the property that information wasn't presented to them prior
to closing. But the fact of the matter is there is still an
obligation under the law that they comply with those
requirements. The other issue, I think, is common sense and I
have difficulty accepting that it is not common sense for an
inspector on the site to do a full and complete inspection as
opposed to tripping over what might be a violation. I think
what Dick has stated is he has misstated or he has overstated
the issue. He is not looking into the fact or not taking into
account that the regulations for the most part are enforced
and have been in effect for a good period of time. The biggest
difference is that the inspector, the Housing inspector, now
at the site is a more comprehensive inspector and is doing
more inspections. He is looking at the building. He is
certified as a building inspector. He walks in and he sees the
building is now, through the evolution of time, is no longer
in compliance with the Building Code under which it was built.
The property owner is obligated to comply with that building
code. I guess I don't think that it takes a task force to
consider these issues because I think that they are quite
common sense.
Pigott/ Doug, one of the things that I have heard from some people
is that they are apartment owners, they are on tight budgets
like other people and a person will come in and inspect their
property and out of the blue they will find that they are in
violation of something and that they need to take care of it
quickly but because it wasn't noted a time before when maybe
it could have been that suddenly these people are put in a
position of trying to get together some finances in a short
time period in order to fix a problem. I wonder if you could
talk about what sort of flexibility you people are willing to
provide to an apartment owner who is in violation of something
and it willing to make those changes but can't do it as
quickly as possible. How flexible? What is the process?
Boothroy/ Any major expenditure, whether it is major work on a site
for concrete work, you know, re-doing the building exterior,
substantially, all of those issues. There are lots of examples
where we have given 2-4 years in which to accomplish that in
order for the property owner to work that into their
maintenance schedule in terms of their cost. If the item is,
in our opinion, a serious threat to the health and safety of
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F052395
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the occupants of the building, then of course, the time period
would not be extended. When we have a situation and this is
the direction that I have given to all of the housing
inspectors and it has been the operating policy for a good
number of years. Is that if the property owner has a major
expenditure cost involved in improvements, I mean, and it
willing to come forth with a completion schedule. We will
review that with the property owner and we will work with the
property owner in completing it, not withstanding the fact
that if it is a life safety issue we may not be able to give
the kind of time that we are talking about. I think that has
worked out quite well. So, we have, I mean, it happens all of
the time and on a regular basis. Older properties do, at some
point, come into major disrepair for some-there is a roof
replacement or something else that has to be taken care of and
extra timer is given if it can be. Does that answer your
question?
Pigott/ Yeah.
Lehman/ Doug, I guess one of the things that I have heard with some
repetidity is that we are having more and more new things
cited. We have inspected for years and years and years in the
same way for 10-15 or whatever years. All of a sudden we start
citing them. And the reason has been that it comes from
council. I have only been on council 1 1/2 years and I don't
know of anything that we have done to change regulations as
far as inspection. And I think it is a surprise to some
apartment owners. Why has this been all right for the last 10
years and suddenly it is not all right today?
Boothroy/ Well, let's take the trees, for example. Four years ago
the Housing inspectors were not trained with regard to that
particular provision of the Zoning Ordinance. Therefore, they
were not looking into site plan and following up on it. The
evolution and I think Dick has prefaced this, there has been
an evolution of training for the Housing inspectors and they
have gained more knowledge in various area of the code because
of my interest in being more efficient in terms of use of
staff. So, there is a level of expectation out in the
community by neighborhood groups, by, I believe, the city
council, by other staff people, that the laws that have been
passed, whether they be 10 years old or 15 years old and I
have heard this same argument when we have gone to court over
whether a tree should be put back into the ground because it
has been missed after 7 inspections and we won that case. The
tree did get installed. The, you know, maybe they have had
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F052395
#6 page 7
that much time in which to-they have had a break in that
situation where they haven't had to have that in place but it
does not relieve them of the responsibility, Ernie, to comply
with the site plan that was approved at the time that building
was built. That was an obligation that particular property
owner made to the city that that is what they were going to do
and the same thing is true with the Building Code. They made
an obligation that they put forward. I want a Building Code,
this is what I am going to do. Now, many buildings, through
time, change. They put up another wall. They don't understand
that they can't put an opening in a certain wall and they do
this and we find it. I think with regard to the Building Code
and I think I mentioned this earlier, is that up to about 4-5
years ago, the Housing inspectors were not being certified
under the Building Code, under the Plumbing Code, the
Electrical Code. Now I have got Housing inspectors in some
cases have more certifications than the Building inspectors.
Lehman/ I hear where you are coming from and I think that really
this task force business, if nothing else, would create an
understanding between the city and the apartment owners and
the tenants as to what we are really doing rather than as a
property owner think the city is persecuting me and suddenly
I find out that no, they are just doing their job. But I think
that a group, you know, a meeting of the minds of these
various groups might be very helpful from a city standpoint,
the apartment owners standpoint and the tenants standpoint. I
don't think that is a bad idea.
Boothroy/ Yeah, I am not sure what the purpose of the task force
would be. I mean if you want us to sit down and meet with the
Apartment Owners Association, that is one thing. But it seems
to me that the goal of the task force is to look at all of
these regulations and say that you don't want the efficient
use of staff. You want a Housing inspector to only do housing
inspections and you want a Building inspector only to do the
building inspections?
Lehman/ No.
Boothroy/ That is what I heard being stated tonight.
Lehman/ Oh, I heard that but I think what I hear is that apartment
owners who think that all of a sudden we keep adding
regulations when in fact we probably aren't adding them. We
are just enforcing them.
ThIsrepr~sents~n~yarea$~n~b~y~c~ur~tetr~nscripti~n~fthe~~~~City~~unci~m~~~ng~fM~~23~1995~
F052395
#6 page 8
Boothroy/ Well, we are doing something that they want, too, which
is in some cases incorporating them into the Housing Code so
they have notification.
Lehman/ But it seems to me there is a little bit of lack of
communication here and if these folks would get together and
visit and decide. You know, you could explain to them what you
are doing, they could explain to you what they are doing.
Boothroy/ And I think on March 21 we went through a lot of these
with the people. They had a very good turnout. Obviously they
had over 50 people there because there was over 50 people
picking up the regulations. So and we are participating now
with-You know, I have offered to participate with writing
articles in the newsletter. I have also offered to provide
training for landlords so that they understand what the Code
regulations are. Whether that requires a task force to come to
those conclusions, I don't know.
Lehman/ I don't know either but-
Horow/ You have been at this for a little while. I don't think this
is the place to make a decision one way of another.
Nov/ Doug, one more question before you sit down. Will you clarify
the kinds of changes that are in the ordinance that we are
considering here?
Boothroy/ Gary is here and I will have him go through it if you
would like.
Nov/ Okay.
Horow/ Thank you.
Nov/ Brief, yes.
Baker/ (Can't hear).
Ed Barker/ I am a member of the Board of Directors of the Apartment
Association, responsible for governmental affairs, local.
Efficiency of inspecting, would there be a reduction of
necessary inspectors if they don't have to double up would be
one question to raise. I am in a little position here of like
speak now forever hold your peace because many of these things
I would talk privately with Doug or Gary and they are very
good and perceptive and I have no complaints on how they
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F052395
#6 page 9
handle things that we respond to. But since this is a p.h.
with the idea of moving forward in these areas I suspect that
it is appropriate to speak with you as well as with them and
we have on occasions. I say I don't have any complaints on how
they have handled our concerns by and large. However there are
some things that get into what Dick has said, picky type of
things. There is inconsistency in that a fairly nice complex
gets cited. A fairly unkept complex gets cited. Roughly
sometimes at the same level. What would have passed in this
complex would not have passed in this one and those are some
of the inconsistencies that I think they are aware of that
they work with their people to try to overcome. In regard to
the task force, the regulations can be reviewed and that is
the purpose generally of a task force. If we add regulations
maybe there are some that can be eliminated or if we are going
to pull in existing regulations and emphasize them some. I
know that some owners were surprised when big ticket items
came in recently that had been passed through inspections time
and time again and Doug has spoken to that on increasing the
level of inspection and enforcing laws and regulations that
are already on the books. One thing that I would like to
mention also is recently Congress passed a law stating that
they need to abide by the same rules and regulations that they
impose on others. I would hope that you would do that also in
regard to your property or our city property. Some years back,
I am sure Doug recalls this, when we thought they were getting
picky, I went around and in an hour came up with 45 violations
in the city of similar things that we were being cited for.
Three years later some of those violations were still in place
and so I hope that you will instruct your people and as I talk
with the Housing people, you are now more regularly inspecting
your own housing units which you weren't sometime back as
apparently other people were doing it and I think there are
some interesting stories that could be revealed in that
respect. But I would urge you to set an example and take care
of your own property in the some way that you expect us.
Horow/ Anyone else care to address council?
Anna
Buss/ 525 West Benton. Property manager. On Landlord's
Association and on the Board of Appeals. And I come tonight in
all three capacities. One of the things that we have heard a
lot about is efficient use of personnel. Well I am also a mom
and I say you should never compare your kids. Well, maybe as
a property manager you should never compare cities. A lot of
my properties are in Coralville. Now I think the Iowa City
inspectors by and large do a good job. This is a subject that
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F052395
#6
page 10
we have all gone around and around about for years. Affordable
housing in Iowa City does not exist. I invite any and all of
you at any given time and any given amount to keep you legal
to come and sit in our office in a day and answer the phone.
Now, I don't want my tenants to be unsafe and I don't feel
that my tenants are unsafe. I think we provide a quality safe
place for them to live. When the city writes us for something
and we have been. I think anytime you have more than one place
at some point in time you are going to be written up for a
violation. In answer to your questions about what does the
city do in terms of if you have a major expense. I have been
in that position. I had a property that the owner really could
not afford to do the amount of work and then when he could
afford it time did not permit it because of the weather
conditions. The City and the inspectors were very gracious and
have been in working with us on this property. I have no
complaints to that issue. But one of the things I do have a
complaint about is that for years numerous property managers
have asked and requested that there be a list that when the
inspectors go through the properties that you can be handed a
list, you can go down to the city and you can get a list and
they can say here is what we inspect for. In this town you
have a lot of people who do not have property managers much to
the property manager's chagrin I am sure. But the bottom line
is there is a lot of elderly people who have had rental
properties for years and years and a lot of these things have
never been cited and I am sure that it is the law. And it is
in the code. I have a problem when someone tells me how many
trees I can and cannot have in my property. I think that is
nitpicking. I think that if a roof is in bad repair, it is
leaking and causing the tenant's items to be destroyed,
something about that needs to be done. Peeling paint on the
outside of a property does not cause anyone to be unsafe.
There are many other things but I think if you had a list. I
recently had all of my properties inspected in Coralville in
one day in the course of 8:00 AM until 1:00 PM. We ran through
literally everything. We had a list. She handed me a list. We
went through and we were all done and there was a level of
consistency. I felt that every apartment they looked at
everything in the same apartment in each way. No problem with
that. And I think that Iowa City should maybe adopt one of
those things. I think this is something a task force could
maybe implement. I don't ever think you just-the City
obviously believes in task force. We just had how many of them
reviewing everything. Why not this? This is one of the things
that is very important. I don't want my tenants to be any less
safe than you are in your own homes. Maybe what we should do
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F052395
#6 page
is have all of the inspectors assigned for two months to go
through all the s.f. dwellings and this town and let all of
the other citizens know what we as property managers go
through because I can assure you that probably most of the
places in this town do not have a fire alarm in every bedroom
or near every bedroom or where they should have it or in all
of their living spaces. They probably have living spaces that
are not considered habitable that they are using. The bottom
line is if all of the inspections were fair nobody would mind.
So I think that maybe it is time for some review of what
they're inspecting and a list just for consistency and for the
sake of efficiency. When you have a list, it is right there.
It is not a problem. Thank you.
Pigott/ Thanks, Anna.
Horow/ Anyone else care to address council? Wait until everyone is
finished.
Gary Klinefelter/ I would like to address a few of the issues that
have been brought up here.
Horow/ Would you like to state your name please?
Gary
Klinefelter/ Senior Housing Inspector. First of all I think
the-it is really important to recognize that we are very
fortunate in this community to have a prosperous community. We
have got by and large the rental properties in excellent
condition. The vast majority of landlords do a very good job
maintaining their property. But I think that we are also doing
a good job and I don't want to sound cocky but I am almost
glad to hear the words that, you know, that we have got strict
enforcement and things like that because I think if there is
any inconsistency, the inconsistency is compared to
inspections that use to be done. They were shoddy and they
were superficial and many things were missed that shouldn't
have been missed. And this includes not only building
inspections but housing inspections and some of the stuff that
we end up addressing and in effect cleaning up are based on
some of the mistakes that have been made in the past. So, we
have a good staff and we are trying to get the big picture. I
mean I think we are addressing the big picture and I think we
are addressing all of the issues that are related to this and
we are trying to do it in an efficient manner and we try to
work with people when there is big ticket items. One of the
main components of these amendments is the State Fire Code.
The State Fire Code is just a bottom line fire safety
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F052395
#6 page 12
regulations. I mean if you don't have those you are in the
dark ages and we are a progressive community. We have got fire
safety regulations that are in our Housing Code that larger-
Cedar Rapids and Des Moines and places like that don't have
that are very progressive and the State Fire Code is just the
bare bones absolute minimum and anything-If we ignore that we
have got a serious problem on our hands. And I am not even
sure what the relationship is of exactly what the status of
that is. We have been working with the fire marshall on some
problem properties to deal with those. But those are very very
important issues. As far as things like trimming shrubs and
things like that we don't tell people to trim shrubs. The only
time we tell them is if vegetation is detrimental to the
building and if you got limbs laying on the roof or vegetation
up against wood siding where it is going to cause decay, sure,
we are going to cite that because it causes the building to
deteriorate. It allows insects to get into the building. There
is all kinds of reasons for that. But we don't come out and
say I got a bush out in the yard that looks a little shabby.
We don't cite that. That would not be an issue of our
inspections at all. We have inspectors, we have the best staff
that we have ever had. We have one inspector that is the only
person in the history of Iowa City that has ever passed
electrical inspector's exam. He is a combination inspector. He
has passed the electrical, the plumbing, mechanical and
building. The city has never had one of those persons. Not in
the Building Department. We have in the Housing Department. We
have got a good level of expertise. We feel that we are
looking at the big picture. The State Fire Code is a really
minimal bottom line level of safety and I just can't express
how I think it is imperative that we proceed with that and I
think we are also lucky that we have got some very good
articulate people like Mr. Barker and Mr. Hupfeld that we talk
to from time to time and maybe we all talk enough. But I am
not so sure that, you know, a task force is going to solve
anything. I think it is just going to delay things and all of
the issues that we have talked about are things that our
department has mandated to inspect for.
Kubby/ Gary, do we have a list of things that we expect property
owners and managers to have?
Klinefelter/ That is a difficult item because there are varying
requirements for different types of buildings° A s.f. and a
duplex have a whole different set of regulations than multi-
family or rooming house of fraternities or sororities. And so
part of the problem with developing a checklist is it kind of
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F052395
#6 page 13
has to be geared to what the occupancy of the building is.
Kubby/ Well, couldn't we have a list for each one of those. I mean
I think it would be something that would have to be developed
over time. It seems like a common sense courtesy thing for
someone with a new type of property to know what is expected
of them in maintenance so they can get a budget together and
a personal inspection time frame together for someone who is
new in the business. I think it is-
Klinefelter/ Well, I think that is reasonable and we can work
towards something like that. We had them in the past. To find
out-It becomes cumbersome for the inspector to use that
because you spend your time looking at how you are filling out
your checklist instead of really doing your inspection.
Kubby/ It wouldn't have to be used in that-
Klinefelter/ But as a handout or as something to proceed the
inspection that goes out with the scheduling letter or
something like that. We do that with the fraternities. The
fraternities and sororities. We send them a letter in the fall
and we say these items we are going to be inspecting for and
we would appreciate that you have these things in order. Have
your fire alarm tested, have fire extinguishes tagged, a
number of things. And perhaps we could do that and maybe we
should do that for some of the other properties. But then
again there is the situation where some deal with us on such
a regular basis that, I mean, for example, AUR. I mean they
have got 1,000 units and we basically do inspections with the
same two people on everyone of them. So, those people are very
very familiar with what we are doing. But we can do that. You
know, we can. If we can help, if we can communicate better we
are more than willing to do that. We have come up with many
handouts that deal with issues, different issues that we deal
with. You know, electrical issues, concrete repair, handrail-
guardrail specifications. We have got many handouts that we
have good concise clear information on that we try to supply.
But unfortunately those always go out sort of with the
violation letter. Here is how to properly repair those things.
And maybe we could do better on the front end. I guess the
thrust of my comments are that I think we are doing a good job
and we have good personnel and we are doing the work
efficiently. We go through 2,000 units a year per inspector
and we are covering a lot of ground. We are just lucky that we
don't have a situation like in Cedar Rapids where you got
bombed out properties and you are dealing with horrendous
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F052395
#6 page 14
complaints with things like that. Just as an aside, we go to
state conventions for housing inspectors and the are talking
about how many houses they have boarded up that year and
things like that. We have no problems compared to some
municipalities.
CHANGE TAPE TO REEL 95-69 SIDE 1
Nov/ Beyond the State Fire Code we are talking about things like
windows and doors and not very expensive items.
Klinefelter/ Those are definitions and beyond the State Fire Code
and the one hour occupancy separation for attached garages,
there isn't much in here that I see that is very
controversial. I mean, the item with the double cylinder dead
bolts was just accidently deleted in the codification process.
The definitions that we are changing are to meet the exact so
that we have the same definition as the Building Code. Perhaps
Andy would like to talk about the premises identification and
security entry because that is very important to the Fire
department. So really it boils down to and we have been
dealing with buildings based on the State Fire Code. But this
is an attempt to clarify, put it in the Housing Code, so
people can know what we are doing.
Horow/ Thank you very much. Andy, do you wish to address the
aspects of the Fire Code?
Andy Rocca/ City Fire Marshall. I would like to echo a few of the
comments that I have heard made here earlier tonight. First of
all I fell privileged working with the HIS staff. It is a
quality operation and again, I am proud of what they have done
in our cooperative effort together. I don't think you have to
look too far to see some of the end results on fraternities,
sororities, and different apartment buildings. But I want to
also remind you that, as Gary said, that the State Fire Code
is for existing buildings and it is minimum requirements,
absolute minimum requirements to insure fire safety and in my
business I really look at that quite seriously. I think if we
can address things, particularly from a public fire educators
standpoint, if we can be proactive rather then reactive when
you hear the sirens running done the street, we have certainly
exceeded. So I look at this, the expenditure, for perhaps
upgrades to exiting systems within these apartment buildings,
central fire alarm systems, moneys that are spent on the front
end which are going to lessen the city's exposure perhaps in
a reactive mode from fire suppression and so again, these are
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F052395
#6 page 15
minimum requirements. Think about perhaps this investment on
the proactive side rather than the city's investment on the
reactive side when we are out doing suppression. I would like
to clarify a couple of things about the changes in buildings,
particularly amendments that I have raised. That being
premises identification, address numbers. It is critical. We
have been out enforcing this for a number of years in our
Commercial Inspection Program and we are trying to upgrade
that each year to make sure that we have the coverage that is
desired. If you look at what we have done through dispatch and
our communication center with enhanced 911. We have the
ability when somebody dials in to report an emergency to know
where that address is by street and number. It is equally
important for the responding people or personnel to be able to
quickly identify that building out in the street. So those
numbers are critical to us. Now, again, changes to buildings.
You look at a lot of the apartment buildings around town that
for years anybody could walk into the common corridors any
time day or night, 24 hours a day with the homeless problem we
have experienced and the different elements of weather
throughout the year we tend to find people migrating indoors
to get out of the weather. In reaction to that we have sen a
lot of people install some kind of a security system, maybe a
touch pad entry, whatever to keep people out of the common
areas of their buildings. I don't have a problem with that.
But where I do have a problem with that is when the fire crews
or ambulance crews or Police Department goes out on an
emergency response, they are trying to assist somebody with a
problem, they can't get into the building. We are forced with
forcing a door, causing some needless damage in my mind, when
you could get into this Knox Box keyless entry system. Don't
have the damage. We have our access and we can get in whether
it is for fire suppression or EMS. So these are good systems
but buildings do change and with these problems that we have
identified within our community I think it is appropriate that
you look at these amendments and help us out on, again, the
proactive side rather than the reactive side. Any questions?
Horow/ Yes, I would like to ask one question and that is is this,
the change having to do with identification on buildings, are
you moving towards requiring that in s.f. residences as well?
Rocca/ Actually the Fire Code, it applies to all buildings,
premises identification. So it certainly does. And we have
made contact when we have been made aware of a problem on a
s.f. dwelling, a letter has been drafted and sent to the home
owner and inspector has gone out and followed up, had
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F052395
#6 page 16
discussion and I can't think of a case where we haven't been
successful in expressing our case and getting cooperation.
Horow/ Thank you. Any other questions? All right. Thanks very much.
Pigott/ Thank you, Andy.
Rocca/ Okay, thank you.
Horow/ Okay, where are we?
Derek Maurer/ 328 South Governor. I am a renter and I have lived in
apartments that were inspected on a number of occasions and I
just want to let you know I really appreciate that inspection
and we have heard tonight that peeling paint is not a safety
issue but I don't believe that the deterioration of our
housing stock, whether it be rental or owner occupied housing
is in our interest and I can't think of a better way to insure
that our housing stock stays in good shape than a periodical
and comprehensive inspections. Thank you.
Dick
Hupfeld/ Again. You know the issues and fire safety again
relative the amendment that was proposed from a concept
standpoint we have no objections to anything in there as much
as the broad issue thing I talked about before. When Gary
talks about the quality of the staff there is no question the
quality of the staff. In fact probably that is what I am
complaining about a little bit is they are probably too good
when you get right down to it because if you go back to what
I said, there is so much code to support anything you would
chose to do that they can carry this out to the nth degree.
Gary, by the way, I was cited for a bush that wasn't trimmed
that wasn't leaning on my property. so, that I have some real
evidence of that type of thing there.
Nov/ Well, in my neighborhood they lean onto the sidewalks and I
have to duck under them.
Hupfeld/ So I am after reasonableness. Boy, are we good at
reasonableness when it comes to owner occupied. I mean you and
I know of tons of basements that don't have the proper
egresses out there and you and I know exactly where they are
and we are not raising our hands. We are saying let's just
make sure we don't build anymore of those. But relative to
going out there and identifying all of those and moving
certainly isn't what we want to do in the name of
reasonableness and that is really what I am asking for here.
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Is sort of treat us with that same level of reasonableness. I
have a citation for my lines on my parking lot need
repainting. Can I see them? Yeah. Come on, that is going a
little too far when you are telling me it is time to repaint
my lines in my parking lot. That is completely out of whack
with what we are doing in that s.f. realm. Back to peeling
paint again. Hey, if we think peeling paint is critical to
maintaining the housing stock, we ought to be driving around
this town and seeing all of the peeling paint. I don't want
you to do that. I don't think that is what I call
reasonableness. I just ask you to treat us in that same vein
that we do what we consider to be reasonableness out there in
the owner occupied.
Horow/ May I ask you a question?
Hupfeld/ Sure.
Horow/ Are the items that are included in what we are dealing with
this evening, do you have any problems with these specifically
or are your comments more of a generic?
Hupfeld/ More of a generic basis. Now the one thing like you said,
the Fire Code is sort of being included in there. But just
recognize what we are doing is sort of bringing more and more
things into the thing called Housing Code and therefore, more
and more things into regular inspections. And certainly the
Fire Code of all of the things is probably the primary thing
we ought to really be concerned about.
Horow/ Okay, thank you very much.
Baker/ Sue, can I ask one last? Dick-
Horow/ This is it. We have spent enough time on this. I mean after
your question. I didn't mean to cut you off.
Baker/ I just want to get a quick clarification because there seems
to be two issues coming and going here and I want to make sure
which one you are more concerned about. The issue of
inappropriate ordinances or regulations or the issue of
inconsistent and inflexible application of the ordinance?
Hupfeld/ I think the latter. In fact there was another thing in
here I wanted to- In 14.5e-20 which deals with
responsibilities of occupants. There is a section in there
under plumbing fixtures that says the occupants of a dwelling
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unit shall keep all supplied plumbing fixtures therein in a
clean and sanitary condition and shall be reasonable for the
exercises of proper care or responsible for the exercise of
proper care, proper use and proper operation thereof. And I am
thinking of the typical student bath tub in these apartments
that get inspected, right? And one would say about 45%
probably doesn't pass this. I am not suggesting that we ought
to start citing these people but we are pretty reasonable in
that situation. We look past a lot there. We look past
everyone of those and I have never seen one but clearly any
reasonable person would say they are in violation. But we have
said let's not get that picky. And do the same things with the
lines in the parking lot.
Horow/ You have almost convinced me to form a team of mothers to go
back and look at these bathrooms.
Barker/ Naomi, if you have to duck, think about poor little old me
those bushes. I duck more in front of privately occupied
houses than I do apartment complexes.
Nov/ I do too.
Barker/ So maybe we should put these fire regulations in privately
occupied houses simultaneously with what we are expected to
do. I wouldn't look at what Andy was talking about as minimums
standards because minimum standards would be no standards and
we certainly do have some standards and we are not really
going to argue too strongly on most fire safety things. But
stressing that that is separate from the Housing. Maybe part
of the problem is and I think as much our fault as owners as
it is anybody else is some kind of a PR program between the
Housing inspectors and owners because some of the people look
at the Housing inspector like you folks look at the DNR
people. You are scared of them and they frighten. You know, I
look at them like- I look at the DNR people, they're as easy
a bunch of guys to talk to as you can imagine. But many people
don't know that because they get uptight and the get afraid.
So maybe some kind of a PR program that we can work out where
we could get our people to come and at least talk and listen
with them would be the advice.
Horow/ Thank you. I'm going to close the p.h. on this.
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ITEM NO. 7 -
CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 5-
E ENTITLED "BUILDING AND HOUSING" CITY CODE BY
REVISING ARTIOLE E ENTITLED "HOUSING CODE" TO
ENHANCE THE LIFE SAFETY PROVISIONS FOR EXISTING
RENTAL HOUSING. (FIRST CONSIDERATION).
Horow/ Moved by Nov seconded by Pigott (first consideration). Is
there any further discussion?
Kubby/ I have a few things that I wanted to say. I think the
difference for me with the rental property versus owner
occupied property is the fact that the rental property is a
business and that people are making profit from the housing of
people and I don't know if I can articulate completely why I
think that's a difference but I do believe that's the major
difference why it's legitimate to have different kinds of
inspections. I think that Anna's suggestions of a list of
what's expected for each different category of property is a
very common sense and helpful one that will help with the PR
suggestion. It will help people know what is expected of them
as property owner, maybe even tenants if part of their job is
to do some of those things according to the lease. It will
make our job easier in making sure our rental property is in
good condition. I think when we begin to emphasize something
in our code that we haven't before that it is our
responsibility to notify property owners. And even just going
to the Apartment Owners Association isn't enough because not
everyone who owns and manages property is part of your
organization. And so some way of notifying people before the
inspection that we are going to be looking at an area that we
haven't looked at before I think is only fair play. I know
that the Housing and Inspection Office has in the last couple
of years just really changed the attitude towards- from a
hammer over the head maybe inconsistently to a customer
service kind of thing. I don't know that that message has
trickled down to the landlords and property managers yet. So
whatever we can do to facilitate that trickle being a flow
would be good. And you know I like the idea of a task force.
It may be in combination with a few things on our Planning
Department's work program to look at issues of affordable
housing and one of the things we want to look at I believe
should be our building code and our housing code to see what
are things in there that aren't things of public safety that
are bigger ticket items. If there are such things, so let go
of them or what things should we be emphasizing and de-
emphasizing that are in those codes. And so I'd be interested
in a task force to look at some of those issues. I will be
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supporting the amendments as outlined though. I think some of
the suggestions are important.
Horow/ Bruno?
Kubby/ And we should look at it.
Pigott/ I wanted to say that I'll be supporting the ordinance. I
agree'with Karen about the list that Anna asked about. I think
it's a good idea. And that I too think a task force isn't a
bad idea to explore these things and not just one party but a
whole bunch of people, the tenants, the landowners, in
facilitating discussion which is what I hear you asking for
about these issues. I don't hear you saying not to enforce
ordinanoes that we have on the books. I mean, I think that if
we've passed an ordinance, we want to enforce it. We want to
make sure that our safety- But to discuss that, to encourage
those discussions, to also have the view of what priorities if
there are ordinances that make a housing less affordable in
town, let's talk about them and that aren't really truly a
matter of health and safety. Let's talk about those as part of
that discussion and let's talk about tenants too about what
ordinances they like on the books and which they'd like to see
added to the books. Really get a good discussion about this
because I think everyone would benefit from that sort of
thing.
Horow/ Anyone else have any comments?
Nov/
I'd like to just add one comment to Karen's comment about the
importance of rental houses having more regulations. And I
think this is because we're protecting the tenants. The
tenants do not have the same obligations and the same theories
that we have as homeowners to protect the value of your
property. And of course the owners of the property are
protecting to some extent but the safety issues are really to
protect the tenants. And I feel strongly about it.
Horow/ Anyone else? Roll call (yes).
Kubby/ Before we go on, are there other council members who are
interested in this idea of a task force, even if it's a little
later when the planning-the affordable housing stuff gets to
the top of the list? Looking at barriers-
Horow/ I am not convinced that we need it in the Planning
Department. I-
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Nov/ I think it is in the HIS Department.
Horow/ If it were anywhere, it would be in HIS Department.
Kubby/ But the reason I am interested in it is to look at these
issues in terms of affordability and balancing what kinds of-
Because whatever we do we take risks and balancing the risks
and cost of things and for me the motivation behind supporting
the idea of the task force is because of the issues of
affordability.
Horow/ I'm just concerned that the rate that we are piling things
on the Planning Department, this would never get there.
Kubby/ Listen to what I'm saying, that-
Horow/ I hear what you're saying.
Kubby/ The barriers to affordable housing is already on the list.
It's been on the list. It's rising to the top of the list and
I'm just suggesting that this is one way to live out working
on that issue for us.
Horow/ Ernie?
Lehman/ Susan, I really would support this task force. Most of the
complaints that I've heard from property owners or tenants
have been surprises, not to the fact that the law is there,
but all of a sudden something that has been all right for ten
years or fifteen or twenty years, they are suddenly cited for
it. And they feel this is unfair when they don't realize that
we're just doing a better job. So I think this task force, by
communicating between the city inspectors and the apartment
owners and the tenants, we can have a mutual understanding of
what we're doing. Because I don't think that exists at all
right now.
Horow/ In other words what I'm hearing is that there's more than
one reason for this task force. Karen has a totally different-
Kubby/ Maybe we need to talk about it in an informal meeting.
Pigott/ I think so. And I think to clarify the goals of a task
force would be important so it would be definitive.
Horow/ Steve, would you please put that-
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F052395
#7 page 4
Atkins/ Yes.
Horow/ Along about August to at least discuss it at an informal
meeting.
Kubby/ And maybe, I mean, because I have some ideas of what I want
from it. The Apartment Owners Association knows what they want
from it. It'd be interesting for people to put their ideas in
writing so we can compile it. Would you take some
responsibility, Ernie? I will too.
Horow/ Okay. There is a motion.
Kubby/ Derek Maurer (can't hear).
Horow/ Also could Bruno.
Pigott/ Indeed, thank you, Sue.
Horow/ Yes. All right. This first consideration was adopted.
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F052395
Agenda
Iowa City City Council
Regular Council Meeting
May 23, 1995
Page 11
ITEM NO, 9 - CITY COUNCIL APPOINTMENTS.
Consider appointments to the Board of Library Trustees to fill three
vacancies for six-year terms ending July 1,2001. (Terms of Jeri Hobart,
Charles Traw and Katherine Moyers end.) (3 males and 3 females
currently serving on the Board.)
Action: /~,,/~ /~-U? ~,o'], ~) S. ~7~ (~',.
Consider appointments to the Design Review Committee to fill four
vacancies for three-year terme ending July 1, 1998. (Terms of Karyl
Larson, Gary Nagle, Clara Swan and Ruth Fox end.) (2 males and 3
females currently serving on Committee.)
Consider an appointment to the Broadband Telecommunications
Commission to fill one vacancy for an unexpired term ending March 13,
1997. (Tim Finer resigned.) (4 males and 0 females currently serving
on the Commission.)
Action:
ITEIVI NO, 10 - CITY COUNCIL INFORMATION.
ITEM NO, 11 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a, City Manager.
#10 page 1
ITEM NO. 10 - CITY ~OUNCIL INFORMATION.
Horow/ Mr. Baker, we'll start on your side.
Baker/ One thing really beginning with a comment on something that
Ed Barker said in the last discussion about the council,s
perception of the DNR. I want the DNR to know that we have the
highest respect for them and we do not fear them. We know that
they have the best interests of the state and community at
heart. So we have a very good relationship with the DNR which
leads to what I really want to say. I want to pick up on a
discussion we Pad last night about scheduling for wastewater
decisions. It's my impression that at least last night we
agreed to a construction schedule for the water plant. We
still are going to talk about financing. Steve's going to come
up with some ways to increase the amount of available cash
when we need it for that large expenditure in 1999. I mean in
general we, I think, we seem to agree with that and we didn't
reach any kind of agreement on the waste water plant. I talked
at length with Steve today and it was my inclination last
night to approach it from a viewpoint that if there's a way
that we can accumulate some large amount of money up front to
help defray the cost at the end, we ought to explore that
possibility even if it requires us asking for an extension to
the start of construction to the wastewater plant. We had
talked about this fall versus next fall versus sometime
indefinite in the future. I don't like the time indefinite in
the future. I am comfortable with at least an application to
the DNR that says we would like a one year extension on the
implementation of our plan. We have these reasons. We have
financial considerations we'd like to take into account. That
would be plan A and parallel with that we'd have plan B which
is they say no, we start the process as soon as feasible with
selling bonds in the fall as Steve suggested last night. I
think we ought to explore the possibility of at least a one
year extension. I don't want to even call it a delay. It's
just an extension on the plans. And talk to Steve at length
about financing with that plan and how much we can accumulate
up front with rate increases, and then have a plan B set aside
as well which means if we don't get approval from the DNR,
then we would proceed with the schedule that Steve suggested
last night which is implementation this fall. Now there are
other particular questions about financing options which go
into that decision. But what I'd like to see us do is agree on
some plans that are date specific as soon as possible and we
probably need to talk about this again if we can put it on the
informal agenda next week at either the beginning or end of
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CIP, maybe at the beginning. I don't think it will take that
long. It wouldn't take as long as we did last night. But
that's just the sense that I have right now. I would like to
see us consider the possibility of a one year extension in
conjunction with a complete analysis of the financial options
and then if that's not acceptable to the DNR we have another
plan to fall back on as well. But I know Karen you raised
issues last night about you had very specific questions about
financing. I think those questions that you have with some
other questions that I have, I'm going to get to Steve, can be
answered very quickly. So we can indeed settle on a date. I
think that it's possible to make that decision very soon but
we need to make it very clear to Steve, this is what we need
to know and once we know this or have some sense of this, you
will have a definitive answer from us.
Horow/ I have a question then to Mr. Arkins because I've been under
the assumption that the staff has to have a clear date in
order to be able to analyze the financial wherewithal to
proceed.
Baker/ But what I just proposed were two dates.
Atkins/ He's proposed two dates.
Horow/ You're sticking strictly with one year, that'd be October
1996.
Baker/ Right.
Kubby/ I don't think that that statement is necessarily accurate
because Steve can back in the numbers from any direction that
we tell him. If we tell him that in the year 2006 we want the
water rate to be X and we want the sewer rate to be Y, he'll
back into it that way. If we say we want the to decrease the
amount of interest we pay by 20%, he can back into it that
way. We can formulate that.
Baker/ My point is we need to, individually, we need to decide what
do we individually need to know to make our decision, present
it to Steve, Steve tells us I'll have the information for you
on a set date, we have the information. There shouldn't be any
reason for us to continue that discussion.
Kubby/ Although one thing that we all agreed on last night that we
want some options that do accumulate capital.
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#10 page 3
Baker/ That's what we've been talking about.
Horow/ The majority agreed on that. I disagreed.
Baker/ The majority agreed on that because I think in the long term
interest to this city that that's a very sensible thing to do.
Horow/ Okay. Well, anything else?
Baker/ That is just sort of where I was at last night and tonight.
Horow/ Okay. Thank you.
Pigott/ I would just like to continue that as my-
Arkins/ Bruno, would you mind if I ask Larry a few questions to
make sure I understood? We can give you an accumulation of
cash general analysis probably by the 30th. I won't be able to
get it to you in the mail. I have to get it out to you that
night. You used the term complete analysis. It won't be that.
If you give me those two target dates I can give some
scenarios that will answer that question. If you are getting
into something far more sophisticated such as pushing it out
a year, backing it up, we have to make differing kinds of
assumptions. I can have something for you on the 30th with the
understanding from you all that it will be kind of generalized
and I will deal with the issue of accumulation of cash and I
can deal with the issue of rates and I can pick a date such as
the October '96. But, again, it is going to be fairly general.
As long as you understand that.
Baker/ Okay.
Kubby/ And we may need on the 30th we get this more generalized
thing we might say we like the concept but we want to
emphasize this part of it more than this and then staff will
have to go back and fine tune and bring it back to us. There
may be a couple of rounds. These are big decisions.
Baker/ It is but once again I think we all sense a certain
frustration, certainly on staff's part last night, about
trying to figure out where we were coming from. I am not sure
we gave them a very clear direction last night.
Kubby/ On the other hand I felt like months ago we said we want to
accumulate cash and ' , ~ '
we dldn t have an option last night that
did that. So, I felt like we did give some clear direction and
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then I don't know what happened. It wasn't as clear as I
thought it was.
Pigott/ Whether it was clear or not.
Nov/ I would like us to not have this number crunching document in
front of us and then make a decision that day. If you can give
it to us next week we can make a decision the following week.
Atkins/ What I would like to do is-that is fine.
Kubby/ You mean to have it and talk about it and then come back.
Baker/ The reason I even brought it up tonight was to make sure
that if we had specific questions or specific scenarios in our
minds, we get them to steve as soon as possible so, once
again, we don't go to a meeting and then more, well, you know,
something keeps coming up.
Kubby/ Isn't that what we did last night?
Arkins/ Well, one is the accumulation of cash and selecting an
alternate date. We can do that. That is fairly simple.
Secondly, we did contact the DNR today and they will not take
anything over the phone. We must write them a letter. So, it
must be in writing what our position is and then they will
review it. Now, that can take who knows how long. We also
discussed calling the EPA directly, the DNR boss.
Baker/ I think we ought to do both.
Atkins/ Well, we don't like that.
Baker/ Admitted that crassly but there are ways-
Kubby/ Is there a way to write a letter that is not specific to say
our council is interested in the option of having another time
table under which to work and conceptually?
Arkins/ They will want something specific because it has to be
written permit. They have been told on the phone that there
may be interest in postponing the project. When is their first
question. So I have got to give them some-
Baker/ I understand their view then. They need to respond to
something specific and I think we need to reach as much
specificity as we think we can as soon as possible.
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Atkins/ Okay.
Horow/ Okay.
Atkins/ I can put something together.
Pigott/ In that same vein I just wanted to be more clear about what
I was thinking about yesterday because I don't think I was as
clear as I could have been and it certainly wasn't a challenge
to staff in terms of arguing that they haven't done a good job
of coming up with numbers. What I would like to do is talk
about the goals that I see us going forward with and what I
would like to see come from it. And the goals that I would
like to talk about were four. One was to provide safe clean
water. Second, meet environmental regulations which have been
imposed by the federal and state governments. Three is save
money in the long term by reducing our reliance on bonding for
this project and we can talk about a number. Someone said 20%
less bonding, reliance on bonding, or 20% of it in cash. Let's
see what happens when we work towards that number. Four, the
forth goal is to doing all of that while taking care to
mitigate the burden on the consumer of the increased rates. I
know we are seeking those ways to do that through a tap on. We
are exploring a tap on fee. But I am also talking about that
time schedule. Now I believe the way we should pick a date for
construction is picking a date which both maximizes cash
accumulation. Picking that target of cash accumulation, 20%of
the target or whatever while minimizing, and I know rates are
going to go up. That is a fact. Minimizing the rate increase.
In other words, I wouldn,t be satisfied with the construction
date which would reduce the reliance on bonds to zero if it
would cause a huge increase in rates which would, you know,
harm the consumer in the short run. At the same time I wanted
want to be satisfied with such a small increase in rates that
we would reduce our reliance on bonding. What we are looking
for, what I am looking for is taking that middle ground by
looking at targets on the amount of money that we accumulate
instead of the date we start and fixing the date we start
based n say, se~tlng a target on the cash accumulation. And
o '
it is not much different from what you are saying, Larry. In
the end it may not end up being in any different in terms of
construction schedule and I am not saying that the staff has
done anything wrong in that respect. Only that I look forward
to seeing numbers from them.
Horow/ Okay. Naomi-
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Nov/
To change the subject, if it is okay with everybody. There is
a local group of people who are interested in a local
ordinance requiring bicycle helmets. Not motorcycle helmets
but helmets for bicycle riders. And they are having a meeting
this Thursday. They have invited me and I suggested that they
also invite somebody from the University Heights and
Coralville and for the general public out there, if anyone has
lived in a community that had a local bicycle helmet
ordinance, I would like to hear from you. I would like the
Police Chief to know how it has been enforced in other cities
and if they had age limits or anything else. I will know more
about what they are going to be proposing locally after
Thursday night but if anybody has any information I would like
to know.
Horow/ Okay, thank you. Ms. Kubby-
Kubby/ First I want to apologize, Sue, for snapping at you earlier.
I felt like I was kind of inpatient. so I apologize for that.
Horow/ No problem.
Kubby/ Last night right before our informal meeting I went out to
my yard and looked in the creek and the creek was red and it
was really weird. I expected grasshoppers to come and plagued
my neighborhood to take away the first born in every house.
And when I got home because the neighbor who I was talking to
said that they were going to go up stream and find out what
happened. In an hour it was gone and they couldn't find the
source. And so it makes me feel like it was a point source.
So, it is still a mystery. It is just a good reminder don't
dump stuff in the creek. Whether someone was cleaning out a
paint can or dumping some large vat of Koolaid. I mean I have
no idea what it was. But it also includes things like animal
waste, you shouldn't be dumping into the creek or even leaves
and grass clippings shouldn't go into the creek because as it
is raining we need that creek, that waterway, to transport
water through the community and out to the river. So anything
we dump in the creek that is going to constrain water is not
a good thing. It will flood my house and many people's in the
community. The second thing I wanted to ask council about is
we are winding down on the stop sign experiment in three
different neighborhoods. And I would be really interested to
have the Neighborhood Council and many of which are here today
which I didn't really think about when I thought about talking
about this. But, to have them help us evaluate whether that
worked or not. We got written comments from the neighborhoods
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but some of the neighborhoods didn't have it and I guess I
would like to see that discussion happen and to get some
advice. Part of the reason we chose these three neighborhoods
and to use specific strategy of a stop sign is that there's
one neighborhood in particular that we looked at using a
different strategy for what we've been calling traffic calming
techniques. And we decided to focus on one technique and use
it in three different neighborhoods. I guess I'd like to have
the discussion be to evaluate how that's worked and then maybe
even to talk about what some other needs in terms of traffic
control and traffic slow down and volume in their
neighborhood. And it seems that that would be a natural issue
for the neighborhood council to be asked to discuss once they
get their funding issues out of the way with the PIN money. So
I'd like us to ask them to be part of our process of
evaluating.
Horow/ Marcia, would you be able to take a look?
Pigott/ Yeah. I think that's a good idea.
Horow/ Anything else?
Kubby/ And lastly, I was- Actually got dinner before I came here
tonight which is kind of unusual. And I was sitting in front
of the tube watching public access. And there was something
produced by our government channel staff with the Water
Division and it was this really great program. I was really
impressed. The professional quality of it and the information
of it was really helpful. And it was one of our Water Division
employees, Karen, who is talking about how to check for a leak
in your bathroom and if a leak of a certain kind happens
what's your potential for water increase usage would be, how
to detect it. How the city will help you detect it and help
figure out how to fix it. And it was really a good program.
And Bob Hardy before the meeting told me that soon that will
be on the interactive channel where you can get to the point
where you're most interested in within that program and some-
I'm not real sure how it's going to work. You need a touchtone
phone. I know that. But it was a really good thing and last
night I was kind of on a high horse about educational
programs. This is a wonderful example of something the city is
doing to make sure people understand how your meter works, how
to check to make sure your house or your toilet specifically
which is a huge water user if it's leaking is not leaking. So
I want to say thanks to the water division and our access
division for putting that together. That's all.
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F052395
#10 page 8
Horow/ Mr. Lehman.
Lehman/ I'm not sure it's Koolaid or whatever in the creek but last
night on West Benton Street there was also red water running
in the gutters that was coming from a flowering tree, so
perhaps that could of been the problem.
Kubby/ Oh, wow.
Horow/ A flowering tree?
Kubby/ That's called positive visions.
Lehman/ Very red, all over the street.
Nov/ A red bud tree or something like that.
Lehman/ Don't know what it is but it was not lethal or Koolaid or
anything like that.
Nov/ Flowering crabs was suggested.
Kubby/ I'll go look for a flowering crab.
Lehman/ I hope that's what it was.
Kubby/ East of my property. Okay.
Horow/ Anything else?
Lehman/ No.
Horow/ Thank you.
This represents only a reasonably accurate transcription of the Iowa City council meeting of May 23, 1995.
F052395
Agenda
Iowa City City Council
Regular Council Meeting
May 23, 1995
Page 12
b. City Attorney.
ITEM NO. 12 - CONSIDER A RESOLUTION APPROVING DISTRIBUTION OFTHE "PROGRAM
;~ ~ FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS,
ITENI NO, 13 -
.?5 - z' t
Comment: The City Council allocated $25,000 for Fiscal Year 1996 for the
purpose of funding grants to neighborhood associations so that they could
make improvements in their neighborhood. The Neighborhood Council has
solicited, selected, and recommends funding of seven applications from
neighborhood associations and seeks the City Council's review and approval
of this recommendation. A memorandum from the Neighborhood Services
Coordinator is attached.
Action:
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST THE FY96 AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION
OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY
HEIGHTS.
ITENI NO. 14-
Comment: 'This agreement continues the provision of Iowa City Transit
service within the corporate limits of University Heights. The FY96 contract
amount is 827,060, paid in monthly installments by University Heights. The
fee is based on University Heights' percentage of population applied to the
Iowa City Transit operating budget. This contract is only for fixed-route Iowa
City Transit service; University Heights contracts for paretransit service on
their own, ~.//~
Action: .
CONSIDER A RESOLUTION APPROVING 28E AGREEMENT BE~EEN THE
CITY OF CORALVILLE AND THE CITY OF IOWA CITY REGARDING JOINT
BID LETTING FOR 1995 ASPHALT RESURFACING PROJECT.
Comment: This resolution allows for the combined letting of the 1995
Asphalt Resurfacing Project with the City of Coralville. This agreement
provides for the combining of bid letting procedures only. Each city is
responsible for its own procedures prior to and subsequent to bid letting.
#12 page 1
ITEM NO. 12 -
CONSIDER A RESOLUTION APPROVING DISTRIBUTION OF THE
"PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT
FUNDS.
Horow/ Moved by Nov, seconded by Pigott. Discussion.
Kubby/ Were there any other applications that were not withdrawn
that were not funded? No.
Horow/ Fantastic process. It really has been. All right,
moved and seconded. All those in favor signify by-
a roll call?
it's been
do we need
Kubby/ There's some people I thought that people from the
neighborhood council wished to say just a few brief words.
Horow/ Okay. Let's hold off on this.
Pam
Ehrhardt/ Executive Committee, Longfellow Neighborhood
Association; Neighborhood Council. You have the memo that
describes the different grants. The neighborhood council asks
for you to- I guess you just did, right.
Horow/ Well we're about to.
Ehrhardt/ To ask you to authorize the expenditure of $25,000 for
PIN grants. As you said, there's seven grants from four
neighborhoods recommended by the neighborhood council for your
approval. And there are representatives from the four
neighborhoods if you have questions, they're eager to answer
any questions you might have. Before Jeff Cholewa from Grant
Wood would like to say a few words, but if I can have a few
minutes to kind of share some personal thoughts I have about
the grants. Initially I had a lot of reservations about the
PIN program. As a taxpayer I worried about where that $25,000
was coming from and what program was not being funded. I also
had concerns about whether the neighborhood council was the
appropriate body to do the selection process. On the first
issue, when we received the responses, very enthusiastic
responses from our neighborhood about the grant, many people
offering not only ideas but support of their time and energies
for the grants that we did, we were looking at in our
neighborhood, and also when I listened to the descriptions of
the other grants, I saw there's a tremendous amount of
volunteer time and energy that's being added to this $25,000
for materials. And so for the whole city it's a very good
program, and I hope that not only will you fund this this year
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F052395
#12 page 2
but look at for future, because I think it's a very
enthusiastic from the neighborhoods. I think it's a very
worthwhile expenditure.
Kubby/ It'd be interesting to try to figure out how much of the
$25,000 is ending up leveraging.
Ehrhardt/ Un-huh.
Kubby/ To see the payback.
Ehrhardt/ And what it will lead to. This is sort of the start for
some of them and I'll go on. Jeff from Grant Wood would just
like to say a few words.
Kubby/ Say your last name too, Jeff.
Jeff Cholewa/ Grant Wood Neighborhood Association. I'd like to just
express my gratitude to the city council for the opportunity
to apply for the funds available to all the neighborhoods that
were involved. As a group, the neighborhood council had worked
very hard to ensure the application process and the rating
process would be fair to all those that were applying for the
grants. We set criteria for all the applicants to meet when
applying for the grant money and we used that criteria to base
the finale decision on. As with any new project we had found
some areas that do need to be fine tuned. If the grant is
available next year we'd like to make a few changes in the
application process. I think that consideration of the
criteria rating is important, especially if the program is
successful as more and more applications are going to be made.
Right now as we suggested there was seven applications and it
would seem that would be a relatively simple process as
difficult as it was, I can imagine what the process will be
like if we have 50 applications. So that's be one area that
we'd have to take a look at possibly improving. Our
neighborhood is very excited about the opportunity to plant
trees in our wetland park. The Grant Wood Neighborhood
Association has adopted the park and is very active in the
involvement of all aspects of developing the park area. Right
now currently there's even an effort going on where folks are
collecting shrubs and and they're planting them in
their own back yards and then we're going to replant them back
into the wetland park after approximately a year or so once
they get a chance to take off. It's just a small project that
people are getting involved in on their own that isn't even
involved with the whole project that the grant money. With the
Thisrepresents only areasonably accurate transcription oftha Iowa City council meeting of May23,1995.
F052395
#12 page 3
hope of the opportunity to apply for grant money is going to
be available next year, we already have several plans for our
neighborhood. Meeting with the Neighborhood Council and
discussing possibility of future funds provides us with
incentives that we need to work towards in improvement in our
neighborhoods. And the one final thing that I'd like to say is
that a lot of folks could say well there's maybe a lot of
money being spent on certain projects in one area or another
area. The thing to remember is that this isn't a project to
where the city's putting in a swimming pool and all of a
sudden you just buy a bunch of money and then you pay for it
and it's there.
CHANGE TAPE TO REEL 95-69 SIDE 2
Cholewa/ Money and do something with it. And that's probably where
most of the excitement in the neighborhoods is at right now.
It's not so much that oh boy we're going to get something new
for the neighborhood, but we're going to be able to go out and
do something. We're going to have people out there planting
trees. We're going to be taking care of it. And that I think
is the whole success of the program is not so much the money,
but what the money's going to help instill people to do. So I
guess that's all I have, so thank you very much.
Pigott/ Thanks, Jeff.
Nov/ And thanks to the Neighborhood Council for all the decisions
they made.
Horow/ Right.
Kubby/ It'd be interesting that with the next round of applications
to give examples of what was funded last year so what you do
in your neighborhood might spur other ideas that someone might
want to replicate what you've done because it was successful.
Horow/ There's a motion on the floor° It's been seconded. Any
further discussion. Roll call (yes). Resolution is adopted.
Thisrepresents only areosonabl¥ accurate Uanscrlptlon ofthelowo Citycouncil meedng of May 23,1995.
F052395
Agenda
Iowa City City Council
Regular Council Meeting
May 23, 1995
Page 13
ITEM NO. 1§- CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR THE CONSTRUCTION OF THE 1995 ASPHALT RESURFACING
PROJECT.
ITEM NO, 16 -
Comment: The bid opening for this project was held on May 16, 1995, and
the following bid was received:
L.L, Pelling Company
Engineer's Estimate
$612,924.55
~618,471.00
Public Works and Engineering recommends that the contract be awarded to
L.L. Pelling Company. (See memo for a complete description of the project.)
Action:
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST AN AGREEMENT WITH CB DEVELOPMENT, LTD,
REGARDING REIMBURSEMENT FOR PUBLIC IMPROVEMENT OVERSIZING
COSTS IN PHASE ONE OF WHISPERING MEADOWS SUBDIVISION, PART
TWO,
Comment: The pavement widths of Whispering Meadow Drive and Nevada
Avenue located in Whispering Meadows Subdivision, Part Two are 36 feet,
whereupon, this agreement provides for the reimbursement of the center 8
feet. The City's cost shall not exceed 919,000.
Water mains along Whispering Meadow Drive and along Whispering Prairie
Avenue, located in Whispering Meadows Subdivision, Part Two are 8 inches
in diameter, whereupon, this agreement provides for the reimbursement of
water main in excess of 6 inches in diameter.
exceed t~5,000.
Action:
The City's cost shall not
#15 page
I~EM NO. ~ -
CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERKTO
ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE 1995
ASPHALT RESURFACING PROJECT.
Horow/ Moved by Pigott, seconded by Nov. Any discussion? Roll call-
Kubby/ The one down side of having such a big project is that fewer
contractors can handle that much work which may be one of the
reasons we have just one bid. Maybe you want to respond to
that. Maybe that assumption is not correct.
Fosse/ Actually in this case the bigger the project, the greater
the likelihood that somebody else can set up a batch plant and
actually come to town to compete with peeling on it.
Kubby/ Okay.
Fosse/ And since we've started bidding it every other year and
combined with Coralville to get the big projects, we've seen
very good prices. In the last seventeen years we've seen only
a 16% increase in the unit price of asphalt.
Kubby/ Great.
Lehman/ Rick, is this project big enough to set up a plant?
Fosse/ Is it big enough to bring in a batch plant? It is.
Lehman/ It's marginal thought, isn't it?
Fosse/ Right.
Lehman/ Yeah.
Fosse/ It wasn't to the point where we actually did get some other
bids from other communities or contractors from other
communities but at least that possibility existed which helped
us with the prices.
Horow/ Great.
Kubby/ Usually I don't like to support something that just has one
bid, but because it's below our estimate and this needs to be
done and it is every other year, I don't want to delay it, so
I'll support it.
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F052395
#15 page 2
Lehman/ Karen, I think this is small enough that the cost of
bringing in a plant from someplace else would be prohik~itive
and can't bid on it. Pelling has a plant already here.
Horow/ Roll call (yes). Resolution is adopted.
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F052395
#16 page 1
ITEM NO. 16 -
CONSIDER i% RESOLUTION AUTHORI~,INO THE I~%YOR TO SION
AND THE CITY CLERK TO ATTEST ~,N AOREEMENT WITH CB
DEVELOPMENT t LTD. REOARDINO REIMBURSEMENT FOR
PUBLIC IMPROVEMENT OVERSI~.IN~ COSTS IN PHASE ONE OF
WHISPERINO MEADOWS SUBDIVISION, PART TWO.
Horow/ Moved by Kubby, seconded by Pigott. Any discussion?
Kubby/ I'm not quite sure why we're doing this. I mean we do this
all the time don't we, but we usually- it doesn't come to us.
Woito/ Ordinarily it doesn't. I think probably Sarah chose to do it
this way to make it clean and it would appear on the title. So
that everybody knows that the obligation has been met in terms
of what the city owes the developer.
Kubby/ So does that mean this will be a new protocol that on other
overwritten payments that these will come to us regularly?
Maybe. Maybe not. Because it doesn't really matter, if we
don't need to see this, I prefer this not to be on the agenda
if it doesn't have to be.
Schmadeke/ Now usually it's part of the subdivider's agreement and
it Just happened to be overlooked in this case.
Kubby/ So this is an isolated instance.
Lehman/ A scrivener's error.
Horow/ Look now. We know all about being a scrivener.
Kubby/ Thank you, Chuck.
Horow/ There's a motion on the floor and it's been seconded. Any
further discussion? Roll call (yes). Resolution is adopted.
Thlsreprosents only areasonably accumtetranscriptlon oftholowa CIW council meeting of May 23, 1995.
F052395
Agenda
Iowa City City Council
Regular Council Meeting
May 23, 1995
Page 14
ITEM NO. 17 -
CONSIDER A RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION
COMMISSION TO FILE AN APPLICATION FOR A HISTORIC RESOURCES
DEVELOPMENT PROGRAM (HRDP) GRANT TO OBTAIN FUNDS FOR THE
PURPOSE OF PREPARING NATIONAL REGISTER NOMINATIONS FOR
PROPOSED COLLEGE GREEN AND EAST COLLEGE STREET HISTORIC
DISTRICTS.
Comment: The Historic Preservation Commission has prepared an application
for an HRDP grant of up to $2,500 for the purpose of preparing National
Register nominations for the proposed College Green and East College Street
historic districts. The grant will require local matching funds of up to (;2,500
which the Commission proposes to provide through funds allocated in the
budget for historic preservation activities and through in-kind costs. The grant
will aid the City in its efforts to identify, protect and properly develop its
historic resources.
Action:
ITEM NO. 18 -
CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 3, ENTITLED
"CITY UTILITIES," OF THE CITY CODE BY REVISING ARTICLE C. ENTITLED
"POTABLE WATER USE AND SERVICE" TO PROVIDE FOR THE USE OR
ABANDONMENT OF PRIVATE WELLS UNDER EXTRAORDINARY CIRCUM-
STANCES WITHIN THE IOWA CITY CITY LIMITS. (F[I{$T COti$[D£P, AT~[ON)
Comment: The existing City Code does not permit private well construction
within the City limits. This ordinance amendment permits private well
installation if the point of use is greater than 300 feet from an accessible
distribution water main, if the private well is located outside the influence of
an existing or proposed City owned well and the Public Works director
approves the well due to extraordinary circumstances. The amendment also
permits the City to require connection to the City Water Facility when the
above conditions are not satisfied. Public Works recommends adoption of this
ordinance.
#17 page 1
ITEM NO. 17 -
CONSIDER A RESOLUTION AUTHORIZING THE HISTORIC
PRESERVATION COMMISSION TO FILE AN APPLICATION FOR
A HISTORIC RESOURCES DEVELOPMENT PRO~RAM (HRDP)
~RANT TO OBTAIN FUNDS FOR THE PURPOSE OF PREPARIN~
NATIONAL REGISTER NOMINATIONS FOR PROPOSED COLLEGE
GREEN~ND EAST COLLEGE STREET HISTORIC DISTRICTS.
Horow/ Moved by Pigott, seconded by Nov. Discussion.
I have to say this, something that Gary Klinefelter said
tonight really impressed me and that is we do not have boarded
up houses in this city. We really take care of our areas and
Historic Preservation in setting forth the historic districts
certainly promotes pride and integrity in neighborhoods and
keeping our housing stock. I'm just awfully proud of that. I
really am.
Nov/
I have to say that we not only do this for housing, we do it
for commercial stock. I've heard people say, gee if there were
only an abandoned warehouse somewhere I could fix it up and I
could afford to have this business. It doesn't exist here
because we've worked so hard in keeping things up.
Horow/ That's true. Hooray for us. Roll call (yes). Resolution is
adopted.
Kubby/ You are so silly, Sue.
Horow/ I know. Because we stayed up so late last night, that's why.
Pigott/ It's the easiest place for us to toot our horns.
Horow/ That's right. I'm waiting for someone to
neighborhood PIN money as an award for this city.
do something with that, Mr. Atkins.
submit this
If we don't
Atkins/ I took the idea from another city.
Horow/ I don't care. Run with it.
Baker/ We made it better, Steve.
Horow/ Yeah. We're doing it better.
Atkins/ It's better. I understand.
Thlsrepresents only a reasonably accuratetranscription oftholowa City council meeting of May 23,1995.
F052395
#18 page
ITPd4 NO. 18 -
CONSIDER AN ORDINANCE AMENDING TITLE 14, CMAPTER
3~, ENTITLED "CITY UTILITIESt" OF THE CITY CODE BY
REVISING ARTICLE C. ENTITLED "POTABLE WATER USE AND
SERVICE" TO PROVIDE FOR THE USE OR ABANDONMENT OF
PRIVATH WELLS UNDER EXTRAORDINARY CIRCUMSTANCES
WITHIN THE IOWA CITY CITY LIMITS.
Horow/ Moved by Kubby, seconded by Lehman. Discussion. Is there a
comment from the public?
John Rummelhart/ I know it's late. I'm just curious as to why this
amendment permits the city to require connection if an
individual or whoever would already have a well, you know, a
working well on site. I don't know if that's a question for
the public works.
Horow/ Mr. Schmadeke, would you care to address this please?
Rummelhart/ Thanks.
Horow/ Um-huh. A reasonable question.
Schmadeke/ There are certain benefits derived from being part of
our water system. And I think that it's important that we
recognize that and require where water,s available that people
do tie in to our system.
Horow/ And the closure of the well? I mean there's an assumption
that we would then close out the well that's no longer being
used.
Lehman/ I have a question. Does this apply, does this grandfather
in existing wells? In other words if I have a well that I'm
currently using, the city goes by with a water main, do I have
to hook up or can I continue using my current well?
Schmadeke/ The ordinance-
Woito/ It doesn't grandfather it.
Schmadeke/ But the ordinance says may so the city may require that
those folks hook into our water system.
Woito/ It will have to be done on a case by case basis after a
review of the facts.
Lehman/ I can understand any new well you know that being a
Thisrepresents only areasonebly accurate transcription ofthelowa City council meeting of Mey 23,1995.
F052395
#18 page 2
requirement you have to hook in if the main goes by. I have a
little problem I guess if I already have a well. But that's
all right. Correct.
Woito/ Yes. It's important that we have, just like some people have
tried to opt out of the solid waste for residential. You
recall that controversy. They tried to opt out of our sanitary
sewer system. And we will not permit that. Everyone has to.
It's a unified district. Same with water. It's a unified
district for the whole city.
Lehman/ Okay.
Horow/ I do want to make sure though that if anyone is listening
who has a well in their back yard and they're using it for
their flowers or something and they're already hooked on to
water, we're not talking about that. Right?
Arkins/ That's right.
Horow/ Okay. Because that could get a few folks upset in certain
parts of town that use these outside wells. Okay.
Rummelhart/ I'm still not sure on the grandfather. What's the
language with may existing wells if they're being used, the
city now has the discretion, no but if they're existing wells,
are those existing wells grandfathered in or is it at the
city's discretion that they can say close that well down? We
want you on the city water. That's the question.
Woito/ It's discretionary.
Rummelhart/ On who's behalf. Mine? So it's open for the city to
decide if they can close a well of mine or somebody else's
who's currently, maybe had a well forever and a day in Iowa
City. That's what this ordinance is doing.
Woito/ The city code that was adopted last summer-
Rummelhart/ Right.
Woito/ Prohibited private.
Rummelhart/ The drilling of new wells.
Woito/ No, it prohibited private wells at all in Iowa City for
potable use.
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F052395
#18 page 3
Rummelhart/ Okay.
Woito/ This opens up some flexibility for people to have private
wells for drinking purposes.
Kubby/ We're making it easier for people who live on the fringe.
Woito/ This makes it easier, John.
Schmadeke/ Yeah, it's actually relaxation a little bit.
Rummelhart/ It's actually-
Woito/ It's a relaxation of prior rules.
Rummelhart/ That's great. Maybe my understanding is wrong, but the
way I read that, the amendment also permits the city to
require, require, permits the city to require connection to
the city water facility.
Kubby/ If you want to build, you live further than 300 feet away
from a water main and you live in the city limits, we will
allow you under certain circumstances to install a well but
when that main gets to within 300 feet we may require you to
hook up.
Rummelhart/ I understand that. So if there's a well that's within
the parameters of 300 feet, you can arbitrarily, what I'm
saying here, tell me unhook that well and hook up to the
water.
Pigott/ And currently you can't do it at all, John.
Ru~umelhart/ Excuse me?
Pigott/ Currently you can't do it at all.
Woito/ You don't have the current code in front of you to compare
this amendment with.
Kubby/ Linda, are there any potable water wells within the city of
Iowa City right now that are current?
Rummelhart/ Sure there are.
Woito/ There's a handful.
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F052395
#18 page 4
Kubby/ So for those that are currently being used for potable water
source, can we have the discretion to make them hook up if
they're with in thirty feet? What is the current law about
them having to hook up?
Woito/ The~ have to hook up.
Kubby/ So they have to do it now if they're within three hundred
feet. And now we're saying we might make them hook up the
current wells?
Horow/ Right.
Woito/ And we're not out there on a water well patrol. I mean we
haven't had any reports.
Kubby/ But this is a relaxation to use discretion instead of-
Arkins/ Please keep in mind that a water system is more than just
for consumption. That it also provides fire flow and that you
could have a property be adjacent to a water line, enjoys the
benefit of fire protection, a hydrant installed and not be
paying for it. So understand there's two issues out there.
Horow/ Right. Okay. John, if you have any other questions
specifically, would you be able to meet with our legal staff
to get your answers.
Rummelhart/ You bet. It just concerns me. I believe any well that's
existing has been put in through the years in good faith and
has been used ought to be able to be grandfathered in without
the city being able to say, sorry we need your money because
of this water plant stuff and you hook up.
Pigott/ That's not what this is about.
Rummelhart/ Then why did we put in the ordinance not to be able to
permit private wells?
Woito/ We did that last summer, before we even had the water plant
plan.
Rummelhart/ Okay, okay. Thank you.
Woito/ Because it's a health concern.
Horow/ There's a motion on the floor and a second. Is there any
Thisrepresents only areesonably accuratetranscription ofthalowaC{~ council meeting of May 23,1995.
F052395
#18
page 5
other dlscuss~on. Roll call (yes). Motion first consideration
is adopted.
This represents only a reasonably accurate transcription of the Iowa City council meeting of May 23, 1995,
F052395
Ageqda
Iowa City City Council
Regular Council Meeting
May 23, 1995
Page 15
ITEM NO. 19 -
CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 3, ENTITLED
"CITY UTILITIES," ARTICLE H, ENTITLED "SOLID WASTE" OF THE CITY
CODE BY REVISING RESIDENTIAL SOLID WASTE {REFUSE) COLLECTION
PROGRAMS INCLUDING RECYCLING, BULKY WASTE, YARD WASTE AND
INSTITUTING A UNIT-BASED FEE SYSTEM. (/JS'~
Comment: The amended ordinance revises the residential curbside recycling
program to include increasing the frequency to weekly collection, providing
a curbside recycling container, and beginning to collect cardboard. The
amended ordinance also revises the residential refuse collection program to
include the placement of a separate charge on bulky residential wastes, adds
clean untreated wood waste to brush and tree limb collection, and places a
unit based pricing system on residential refuse. ~../~ p,~.
Action= '~/~/~/'~ 7~ ~,~
ITEM NO. 20 -
CONSIDER AN ORDINANCE AMENDING TITLE 12, CHAPTER 3 SECTION 1
ENTITLED "TELEPHONE FRANCHISE", TO ADOPT STANDARDS FOR
ENTERING FRANCHISE AGREEMENTS TO PROVIDE ELECTRONIC COMMUNI-
CATIONS SERVICES. (FIRST CONSIDERATION)
Comment: The proposed amendment repeals an antiquated code provision
regarding the use of public ways by AT&T, and adopts in its place language
modified from Chapter 364, Code of Iowa, which states the City's authority
to grant franchises for entities occupying the public right-of-way to provide
electronic communication services. This ordinance would act as companion
legislation to the City's cable television franchise ordinance. This item was
deferred from the Council meeting of May 9, 1995. A memorandum from
ITEM NO. 21 - ADJOURNMENT.
the Assistant City Manager is attached to the agenda.
Action: /'~ U~
#19 page 1
ITEM NO. 19 -
CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER
3~ ENTITLED "CITY UTILITIES," ARTICLE H, ENTITLED
"SOLID WASTE" OF THE CITY CODE BY REVISIN~
RESIDENTI~J~ SOLID WASTE (REFUSE) OOLLEOTION
PROGRAMS INCLUDIN~ RECYCLING~ BULKY WASTE~ YARD
WASTE AND INSTITUTING A UNIT-BASED FEE SYSTEM.
Pigott/ Sue.
Horow/ What?
Pigott/ We- I was just wondering if I could propose deferring this.
Horow/ Oh sure.
Pigott/ We have not had a p.h. I don't believe on this item, and I
know we're not required to but I think it might be a good idea
considering it's a change and I would propose that we defer it
for two weeks~ hold a p.h. in the next meeting and then vote
on it that same night.
Kubby/ Second.
Horow/ Okay.
Nov/ Did we get any of the revisions?
Lehman/ No.
Nov/ I am looking through my stack of paper.
Woito/ I have them here.
Atkins/ We were going to propose them to you tonight.
Woito/ The ordinance has to be put into final form. The reason,
Bruno-
Kubby/ You are saying that sarcastically.
Baker/ No, I am not. We talked about this before. I thought it was
a good idea. I was surprised we had not had a p.h. on this
somewhere in the distance past. That just got lost in my
memory which is easy to do. And when he said on this
substantial change we had not had a p.h. and there had been a
lot of discussion among us and the public, I thought it makes
perfect sense. I was not being ironic at all.
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F052395
#19 page 2
Woito/ The reason why we, the staff, chose to push it a bit was we
were aiming for July 1 as an effective date. If July 1
effective date isn't of any concern and then there is no
hurry.
Kubby/ We could still meet that if we collapse. I would be willing
to collapse as a tradeoff for having a the p.h.
Nov/ The problem with the collapse is that we won't have enough
people to do it. We faced this once already today.
Woito/ You have to have six to collapse.
Horow/ We are not going to have six next week.
Kubby/ But we might not collapse next week. We can collapse the
time after we would be on the same-
Baker/ We could always call a 30 minute meeting or three minute
meeting.
Kubby/ By holding the p.h. and having first consideration we have
always considered that emotionally to be collapsing. And then
on the second and third readings, I will be back. We could
collapse the second and third readings.
Woito/ So have the hearing and first reading on June-
Pigott/ On the same night.
Council/ (All talking).
Woito/ That is fine.
Horow/ Okay. There is a motion on the floor to defer this for two
weeks and vote the same evening. IS there any further
discussion?
Arkins/ Yes. I want to point out to you, point out the changes that
we-understand that.
Woito/ Oh, yes, please.
Horow/ I was about to read this.
Woito/ Oh, yeah. You want to go ahead and read the-
Thlsrepresents only a reasonably accurate transcription oftbelows City council meeting of May 23,1995.
F052395
#19 page 3
Horow/ (Reads agenda comment). Okay.
Nov/ What are the rates? Just to read it and know.
Woito/ You talked about changing the price for plants, pick up at
the curb. Staff has recommended $18 rather than the $12. And
the bulky waste staff recommends $10 per stop for the first
item and $5 thereafter for each item at the same stop.
Kubby/ And the reason we are raising the appliance rate is that we
have been losing money. We have been running at a deficit for
appliance. And so what we are doing is making those rates
reach the costs for us coming, picking it up, tearing it
apart, mono-filling the toxic stuff and recycling the rest.
Horow/ Okay.
Nov/ And bulky waste is things like furniture but not appliances.
Anything that does not fit into a container?
Woito/ Anything that does not fit into a 30 gallon container. You
can't cram it into a bag or a can, it is bulky.
Nov/ Okay. So, $10 if you have one item that does not fit the
container, $15 for two, $20 for three, etc. Okay.
Horow/ All right. All those in favor of deferring this for two
weeks signify by saying aye (ayes). Okay.
Woito/ And you want us to have a public discussion, public hearing?
Horow/ Yes.
Kubby/ It is possible to have it not at the end of the agenda? When
we have the public discussion. I know that we have a certain,
by resolution ,order in which things go. I don't know if this
fits in a category or if it is discretionary. If it is
discretionary I prefer it to be sooner in the meeting.
Woito/ It is not discretionary. But you can change the order on
June 6 to bring it up earlier.
Kubby/ The problem with that is if people pick up an agenda and see
that it is last on the meeting they may not come and then we
switch the order and people who want to speak can't speak.
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F052395
#19 page 4
Baker/ Can't we put that into the description that this will be
switched to an earlier-
Kubby/ If we advertise that that we intend to do that.
Atkins/ I think if you just direct the mayor to incorporate it.
Linda is correct, we have a written resolution you have
adopted that sets out the agenda format. I would suspect just
acclamation, Susan put it up front, okay.
Kubby/ That is not my concern. My concern is that the way we
advertise it.
Atkins/ No, that is my point. Saying-
Nov/ Say today, can't we?
Arkins/ That is what I am saying. You are telling me today that you
want it earlier in the agenda and we will advertise it
accordingly.
Kubby/ The last part is what I needed to hear.
Okay.
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F052396
#20 page 1
I~SM NO. 20 -
CONSIDF.~ AN ORDINANCE AMENDING TITLE 12v CHAPTER 3
SECTION I ENTITLED "TELEPHONE FRANCHISE", TO ADOPT
STANDARDS FOR ENTERING FRANCHISE AGREEMENTS TO
PROVIDE ELECTRONIC COMMUNICATIONS SERVICES. (FIRST
CONSIDERATION)
Horow/ Moved by Nov, seconded by Pigott. Any discussion?
Pigott/ Yes. Thanks to Dale for the memo.
Kubby/ Linda, why if this is a companion piece of legislation to
the Cable Franchise Ordinance, there is no provision for fees
in this, is there?
Woito/ This is only enabling legislation. This is not actually
adopting a franchise and it certainly isn't adopting a fee.
But you have that authority.
Kubby/ Okay, is the ability to-Does this enable us to have a fee?
Woito/ Yeah.
Kubby/ It may be, I mean I will vote for it tonight but with
confirmation of that so that this enabling piece of
legislation doesn't restrict us in our options later. If you
could just double check that before the second consideration,
that would be great.
Horow/ I would agree with that. All right. There is a motion on the
floor. Any further discussion? Roll call (yes). Ordinance
passes first consideration.
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F052395
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
May 19, 1995
City Council
CityManager
Work Session Agendas and Meeting Schedule
May 1995
6:30 P.M.
6:45 P.M.
6:45 P.M.
7:15 P.M.
7:30 P.M.
8:00 P.M.
8:45 P.M.
9:15 P.M.
9:20 P.M.
May 23, lg95
7:30 P.M. -
May 30, 1995
6:30 P.M. -
May 31, 1995
7:00 P.M.
June 5, 1995
6:30 P.M.
June 6, 1995
7:30 P.M.
Monday
Special Council Meeting - Council Chambers
Executive Session (Pending or Imminent Litigation)
City Council Work Session - Council Chambers
TINES APPROXIMATE
Review zoning matters
Program for Improving Neighborhoods - Neighborhood
Council Recommendations
Building/Housing Code Revisions - Life Safety Issues
Water/Wastewater Policies
Solid Waste Ordinance
Council agenda, Council time, Council committee reports
Consider appointments to the Board of Library Trustees,
Broadband Telecommunications Commission and the Design
Review Committee
Tuesday
Regular Council Meeting - Council' Chambers
Tuesday
Special Council Work Session - Council Chambers
Discuss Capital Improvements Program
Wednesday
Special Council Work Session - Council Chambers
Discuss Capital Improvements Program
Monday
City Council Work Session - Council Chambers
Agenda Pending
Tuesday
Regular Council Meeting - Council Chambers
PENDING LIST
Appointments to the Board of Adjustment and Human Rights Commission -
June 27, 1995